Form no. 187.

Election Protest

(Caption and Title)

PETITION

Petitioner through counsel respectfully alleges:

1. That he is a qualified voter and was one of the registered candidates voted for in
the general election held on _____________ in the province of _______________,
Philippines, within the jurisdiction of the court;

2. That according to the certificate of canvass of the provincial board of canvassers

for the province of ________, the total votes for the office of the provincial Governor
for the said province was ___________ the respondent appearing to have received
______ votes, the petitioner ____________votes and the other registered candidate
voted for, as follows:_______________

3. That on _______, the said provincial board of canvassers proclaimed the

respondent ________ elected to the office of the provincial Governor of the province
of _______;

4. That the petitioner contests the election of the said respondent on the following
grounds: __________________-

5. That the petitioner is willing to give a bond, as this Honorable Court may determine
to cover all reasonable expenses and costs and damages, incidental to these
proceedings;

WHEREFORE, it is respectfully prayed:

1. That upon service of summons in accordance with law, a day be set for the hearing
of the protest;

2. That an order be issued to the municipal treasurers of the Municipalities of ______

to bring and present before the Honorable Court on or before the day of the hearing
of this protest the ballot boxes, copies of the registry list, the election statements,
the voter’s affidavits, and other documents used in the said election in said
municipalities, in order that this Honorable Court may re-examine and revise the
same;

3. That after due proceedings, the election of the respondent, and

________________ for the office of Provincial Governor ____________ be annulled
and that the petitioner be declared duly elected instead;

4. That the expenses and costs incurred in these proceedings be assessed against
the respondent.
________ City, Philippines, this _____ day of _______2010.

Name _______________________________
Appointment No. _____________________
Roll of Attorney No. ___________________
PTR No.____, ____ (date and place of issue)
IBP No. ____, ____ (date of issue) (chapter)
Office Address________________________
Email Address ________________________
Contact No. __________________________
MCLE Compliance (or Exemption) No._____

Copy Furnished:

_________________________________
Name and address of adverse counsel
(Personal Service)

VERIFICATION
 Miscellaneous Civil Pleadings:

Form no. 190. Notice of Appearance as Counsel

REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT
City of Manila
Branch 1
JEFFREY DELA CRUZ,
Plaintiff,
CIVIL CASE No. 12345
-versus- FOR: Collection of Sum of Money
RICHARD MENDOZA,
Defendant.
x—————————————————-x

ENTRY OF APPEARANCE
THE BRANCH CLERK OF COURT
Metropolitan Trial Court
City of Manila – Branch 1

Please enter appearance of the undersigned as counsel for the defendant RAYMART
REYES, with his express conformity as indicated below, in this case. Henceforth,
kindly address all pertinent notices to the undersigned at the address given below.
RESPECTFULLY SUBMITTED.

City of Manila, Philippines, September 25, 2012.

CRUZ AND TOLENTINO LAW OFFICE

Counsel for the Defendant
Suite 405 Elizabeth Center
Ermita, Manila

By:
Jean Pierre Guidotti
Roll No. 23456
IBP No. 22345/1-3-12/Manila
PTR No. 33456/1-3-12/Manila
With conformity:
JEFFREY DELA CRUZ
Copy furnished:
FRETTI LAUREL
Counsel for the Plaintiff
Unit 1234 Laurel Building
Sampaloc, Manila
Form no. 191. Notice of Withdrawal as Counsel

The Clerk of Regional Trial Court

________________

________________

Please be informed that as of this date, the undersigned has withdrawn as

counsel for the plaintiff in the above-entitled case for all legal purposes

(Venue, date, signature)

(Sgd.)___________________________

(Attorney for Defendant)

__________________________________

(Address)

With my consent:

(Sgd.)_______________

(Client)

Copy received this___day of __________, 2_____

(Sgd.)___________________

(Counsel for defendant)

Form no. 192 Complaint for Damages

Republic of the Philippines

Municipal Trial Court

Branch 5

Baguio City

Mr. Rafael Nadal, plaintiff Civil Case No. 2

Accompanied by his Attorney –in – fact,

for:Unlawful Detainer

Atty. Randy Trinidad Attorney

-versus-

Mr. Franklin Payton, Defendant

x-----------------------------------------x

COMPLAINT

COMES NOW, the plaintiff together with the undersigned counsel to this
most honorable court, MOST RESPECTFULLY STATES THAT;

1. The Plaintiff is of legal age, married and a resident of Puguis, La Trinidad

Benguet. The Defendant is likewise of legal age, married and temporary residing at
Petersville Subdivision, Baguio City.

2. The Plaintiff is the owner of the two-storey house unit located at the Petersville
Subdivision, Baguio City, and having the residential address of PV 123 as evidenced
by pertinent documents like tax declaration and deed of sale. ( EXHIBIT “A” )

3. The Defendant is the lessee of the house unit that is owned by the Plaintiff as
evidenced by the written contract of lease that both parties signed. (Exhibit “B”)
4. The Plaintiff and the Defendant came up with a written agreement of Lease on
June 26, 2007, which they both agreed upon and was duly signed by the two parties
as shown in their contract of lease. (Exhibit “B”)

5. Item No. 16 of the contract which the defendant signed expressly provides that
he will only be occupying the property for one (1) year, after which, he will vacate
the house when that term expires. (Exhibit “B”)

6. The contract also provides that the defendant should also take care of the
property and its premises” with the utmost diligence”.

7. On June 28, 2008, the plaintiff, after returning from Japan, was surprised to
discover that the defendant did not vacate the property as he expected. Worse, he
installed a “sari-sari store” in the original building structure of the house unit.

8. The plaintiff confronted the defendant about it but the defendant claimed that
it was a “DEED OF SALE” which they signed and not a “CONTRACT OF LEASE” and
therefore, the defendant is the new owner of the house unit.

9. On August 20, 2008, after continuous demands, the defendant constantly

refuses to vacate the house unit and even invited relatives to stay with him.

10. The defendant willfully and maliciously violated the agreement which they
mutually agreed upon, and which the defendant signed.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable

Court that judgement be rendered in favor of the plaintiff and that after judgement;

a. The defendant shall vacate the house unit owned by the plaintiff.

b. The defendant shall be ordered to pay P 120, 000 for the Attorney’s Fees.

Such other reliefs and remedies under the premises are likewise prayed
for.

Baguio City, Philippines, this 28th day of September 2008.

 Randy Trinidad

Counsel for the Plaintiff

PTR No. 18909595:1-04-07:B.C.

IBP No, 693095:1-04-07:B.C.

Roll No. 42481:5-10-97: Manila

Rm. 4 2/F Baguio Boating Center

180 Burnham Lake, Baguio City

VERIFICATION AND CERTIFICATION

I, Mr. Rafael Nadal, of Legal age, married, Filipino Citizen and a resident of Puguis,
La Trinidad Benguet, after being sworn according to law, hereby depose and state
that;

1. I am a plaintiff in the above-stated 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/or on the basis of copies of documents and records in
my possession;

4. I have not commenced any other action or proceeding involving the same issues
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending

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

6. If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.

Rafael Nadal

Complainant

In witness thereof, I, Mr. Randy Trinidad, counsel of the plaintiff, have herunto set
my hand this 29th of September at Baguio City.
 Randy Trinidad

Counsel for the Plaintiff

PTR No. 18909595:1-04-07:B.C.

IBP No, 693095:1-04-07:B.C.

Roll No. 42481:5-10-97: Manila

Rm. 4 2/F Baguio Boating Center

180 Burnham Lake, Baguio City

 Form no. 199. Motion for Approval of Compromise Agreement

REPUBLIC OF THE PHILIPPINES

_____________________________________
_____________________________________
_____________________________________

______________________________,
Plaintiff/s,

vs. Civil Case No. __________ For: _____________________

______________________________,
Defendant/s,

MOTION FOR APPROVAL OF

COMPROMISE AGREEMENT

The parties respectfully allege that:

1. Plaintiff filed this claim against defendant for:

_____________ collection of sum of money

_____________ liquidated damages
_____________ enforcement of barangay agreement

2. The parties have come to an amicable settlement and have executed a

compromise agreement with the following terms and conditions.)

(copy terms and condition here)

The parties agree that the approval of this agreement by the Court shall put an
end to this litigation, except for purposes of execution in case of default.

WHEREFORE, premises considered, the parties respectfully pray that the court
approve this agreement and render judgment on the basis thereof.

SO ORDERED.

(place) , (date) .

________________________ ________________________
Plaintiff Defendant
Form no. 201. Motion for Execution

REPUBLIC OF THE PHILIPPINES

_______________________________

_______________________________

_______________________________

_____________________________,

Plaintiff,

vs. Civil Case No. _____________

For:______________________

_____________________________,

Defendant.

x- - - - - - - - - - - - - - - - - - - - - - - - x

MOTION FOR EXECUTION

Plaintiff/Defendant, unto this Honorable Court, respectfully alleges that:

1. On _______________, a judgment was rendered by the Court, the dispositive

portion of which reads:

2. The judgment is final and unappealable.

3. The defendant has not complied with the judgment.

WHEREFORE, premises considered, it is respectfully prayed that a writ of

execution be issued to implement the judgment of the Court dated

__________________.

______________________, __________________.

_______________________

Plaintiff/Defendant
 NOTICE OF HEARING

NAME OF DEFENDANT

(If filed by the Plaintiff)

NAME OF PLAINTIFF

(If filed by the Defendant)

NAME OF CLERK OF COURT

Please be notified that the undersigned will submit the foregoing motion for the

consideration and approval of the Court on _________________ at

______________.

________________________ , _________________.

_____________________

Plaintiff/Defendant
Form no. 206. Answer

Regional Trial Court

National Capital Judicial Region
METROPOLITAN TRIAL COURT
Branch 33, Quezon City
Dacodeco COMPANY,
Plaintiff,
Civil Case No. 2222
- versus -
For : Ejectment
Harold Cruz,
Defendant.
x ----------------------------------- x
ANSWER
(With COUNTERCLAIM)
DEFENDANT, by counsel, respectfully states that:
Admissions/Denials

1. He admits the contents of paragraph 1 only insofar as his personal

circumstances but specifically denies the contents insofar as plaintiff’s personal
circumstances for the reason stated in the Affirmative Defenses below.

2. He admits the contents of paragraph 2 only where it states that a

Contract of Lease was entered into but specifically denies that the Contract
reflects the true intent of the parties as explained in the Affirmative Defenses
below.

3. He admits the contents of paragraph 3 only as to the fact that demand

to vacate was made but specifically denies its contents as to the truth of the
reasons for the letter for lack of knowledge sufficient to form a reasonable
belief as to its truth or falseness..

4. He specifically denies the contents of paragraphs 4 to 6 for the

reasons stated in the Affirmative Defenses below.

Affirmative Defense

5. Defendant reiterates, repleads and incorporates by reference all the

foregoing insofar as they are material and additionally submit that the
Complaint should be dismissed because:

5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing business in

the Philippines without a license.
5.2. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX
A) was, before its expiration, superseded by a Deed of Absolute Sale whereby plaintiff
sold to defendant the parcel of land in question, a copy of which is attached as ANNEX
1.

Counterclaim

6. Defendant reiterates, repleads and incorporates by reference all the

foregoing insofar as they are material and additionally submit that he is entitled
to relief arising from the filing of this malicious and baseless suit, as follows:
6.1. Moral Damages amounting to One Million Pesos (PHP1,000,000/00) because his
name and reputation were besmirched by this malicious and baseless suit

6.2. Attorney’s Fees amounting to One Hundred Thousand Pesos (P100,000.00)

because he was compelled to secure services of counsel to vindicate his legal rights.
WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by
dismissing the Complaint and granting defendant’s counterclaim by awarding
defendant: (a) One Million Pesos as Moral Damages, and (b) Fifty Thousand as
Attorney’s Fees. Other just and equitable reliefs are prayed for. Quezon City; 13 April
2007.

(Sgd.) MITCH MCDEERE

Counsel for Defendant
[Address]
Form no. 208. Motion to Dismiss

Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 1, Manila

____________________,
Plaintiff,

-versus- Civil Case No.______

For __________________

______________________,
Defendant.
x------------------x

MOTION TO DISMISS

Defendant, by his undersigned attorney, respectfully moves that the complaint

be dismissed on the following grounds:

(state one or more grounds provided for in Rule 16, Rules of Court)

ARGUMENTS

(state the reasons in support of the ground/s mentioned)

Prayer

WHEREFORE, it is respectfully prayed that the complaint be dismissed.

Other just and equitable reliefs are also prayed for.

Manila, 29 November 2013

Atty. Y
Counsel for Defendant
 Notice of Hearing
To: Counsel for Plaintiff

Address:

Greetings!

Please take notice that on Friday, ______ at _____ p.m, or as soon thereafter
as counsel may be heard, the undersigned will ask this Honorable Court to approve
the foregoing Motion to Dismiss

(Attorney’s signature)

Explanation as to Service

Copy of this Motion to Dismiss was served the counsel for plaintiff thru registered
mail. Personal service cannot be effected due to lack of manpower, as well as
distance and time constraints.

(Attorney’s signature)

Copy furnished: Counsel for plaintiff

Form no. 209. COMPLAINT BASED ON AN ACTIONABLE DOCUMENT (One
Cause of Action)

(Caption and Title)

COMPLAINT

COMES NOW the plaintiff, by the undersigned counsel, and to this

Honorable Court, respectfully alleges:

1. That the plaintiff is of legal age, Filipino citizen and resident of

No.7 Agoo Street, Quezon City and the defendant is also of legal age, Filipino citizen
and a resident of No. 19 Dagupan Street, Tondo, Manila where he may be served
with summons;

2. That on or about January 1, 1983, defendant obtained a loan of

P20,000.00 from the plaintiff payable within 90 days from date of receipt at 12% per
annum;

3. That said loan, now overdue, is evidenced by a promissory note

signed by the defendant, a copy of which is hereto attached as “annex A” and made
part of this complaint;

4. That despite repeated demands, both written and oral, defendant

has failed and refused to apply said loan;

5. That due to the unjust and unlawful act of the defendant to

comply
with the said demands, the plaintiff was compelled to institute this action engaging
the services of counsel in the amount of P1,000.00

WHEREFORE, it is respectfully prayed that judgment be rendered

against the defendant to pay the plaintiff the sum of P20,000.00 plus interest of 12%
from the date of the instrument until full amount is payed and attorney’s fees in the
amount of P1,000.00 and costs of the suit.
 Other equitable reliefs are likewise prayed for.

___________________, 1991, Quezon City.

________________________

Attorney for Plaintiff

________________________

Address

P.T.R. No.______ Date & Place of Issue______

IBP O.R. No._____ Date & Place of Issue_____

(Verification and CERTIFICATION OF NON-FORUM SHOPPING)

Form no. 210. Answer Denying Genuineness and Due Execution of
Instrument

(Caption and Title)

ANSWER

Defendant thru counsel, and in answer to plaintiff’s complaint in the above-entitled

case, respectfully alleges:

1. That he specifically denies under oath the genuineness and due execution of
the alleged promissory note (Annex “___”)
2. That said promissory note was executed through fraud, threats and
intimidation, and therefore null and void.

Wherefore, it is respectfully prayed that plaintiff’s complaint be dismissed, with costs

against the plaintiff

(Venue, Signature, Date)

(Verification)
Form no. 211. Third Party Complaint

Third party Complaint

Defendant by the undersigned attorney and with leave of court, filed this third party
complaint against _______, hereinafter called the third party defendant and
respectfully avers:

1. That the defendant and the third party defendant are both of age and
residents of _________________;
2. 2. That on or about _________________, a complaint was filed by
________ against _________, a copy of which is hereto attached as Annex
“A”/
3. That ______ (here state the facts which entitle the defendant, as third party
plaintiff, to a claim for contribution, indemnity, subrogation or any other relief
against the third party defendant, in respect of the plaintiff’s claim)
WHEREFORE, it is respectfully prayed that judgment be rendered against
______, as the third party defendant, for ________, and for such other relief
consistent with law and equity, and for costs.

(Venue, date, signature)

(Verification and Certification)

Form no. 213. Complaint in Intervention

Republic of the Philippines

REGIONAL TRIAL COURT

11TH Judicial Region

Branch 17

Davao City

Andrei Kirilenko

Intervenor, CIVIL CASE No. 128-9456

For: INTERVENTION

VS.

Roger Federer

Plaintiff

-x------------------------------------------- x

COMPLAINT-IN-INTERVENTION

INTERVENOR, by counsel, unto this Honorable Court respectfully

states and prays that:

1. Intervenor, a Russian but naturalized Filipino citizen, of legal age, married to

Jessica Sanchez, a Filipino citizen and a resident of Trotsky resort, Boracay
Island, Philippines.

2. Herein Intervenor is the true owner of the property which is the subject of
controversy in Civil Case No. 128-9456, embraced in the alleged new Transfer
Certificate of Title No. 11919, originally under TCT No. 12345, (hereto
attached as Annex “A-1”) with an area of five thousand square meters (5,000
sq m) located at Brgy. San Isidro, Babak Pulong Harding Lungsod ng Samal,
Philippines.

3. Said property in question, was acquired by the Intervenor from Kobe

Bryant on June 7, 2005 in consideration of P1,500,000.00 as stated in
the Deed of Sale registered under the name of Rick Fox and Jessica Sanchez,
recorded in the Registry of Deeds in the Province of Davao del Norte. (copy
 attached as Annex” A-2”)

4. The litigants in this case, (plaintiff) as claimant and (defendant) who is in

actual used and possession of the property in question, have no legal standing
of their claims on the basis that all transactions and performances subsequent
to the transaction executed between herein Intervenor and Mr. Rick Fox in
relation to the property in question described in the original title TCT 12345
and in TCT 11919 is presumed to be void considering that said property was
already sold to Intervenor and now is the subject of this complaint.

5. The Intervenor deeply affected of the fraudulent transactions initiated by the

irresponsible vendor (Rick Fox) of the questioned property, which is the
subject matter in this case, that caused him to initiate legal remedy for the
relief and recovery of damages inflicted to his person, and bring the matter
to this honorable court in a way of intervention.

WHERFORE, it is prayed:

1. That all transactions and performances executed by the litigants in relation to the
property-in-question, including related documents in their possession shall be
declared void.

2. That the litigants be ordered by this Honorable Court to voluntarily turn-over the
questioned property to the rightful owner who is the Intervenor in this case.

3. That if voluntary turn-over of the property or waiver of the claim by both plaintiff
and defendants is not possible, order be made against the litigants to pay for the
damages and other litigation expenses plus attorney’s fees in favor of the
Intervenor.

4. Further it is prayed that Intervenor be granted such relief found to be consistent

with law and equity.

Signed this 4th day of March 2013 in Davao City, Philippines.

Andrei Kirilenko

Intervenor
Assisting Counsels:

LEONARDO P. CATARAJA

Davao City

GINA VILLE I. VILCHEZ

Davao City

CHARMAINE D. BARCELONA

Davao City

CHIRA DEE T. SINET

Davao City

(Verification and Certification)

Form no. 213-A. Motion for Intervention

Republic of the Philippines

REGIONAL TRIAL COURT

11TH Judicial Region

Branch 99

Panabo City

Armando Reyes

Plaintiff, CIVIL CASE No. ._128-9456

VS. For: RECOVERY OF

POSSESION

DAMAGES AND ATTORNEY’S

FEE

SPOUSES PETER AND DEBORAH Cruz

Defendant

-x------------------------------------------------------- x

MOTION FOR INTERVENTION

COMES NOW, the Intervenor, Shaun Connery, by this undersigned counsel, and
to this Honorable Court respectfully prays that he be permitted to file a Complaint
in Intervention in the above entitled case, for the following reasons:

1. That he has legal interest in the matter under litigation, or in the success
of either of the parties, or an interest against both, or that he is so situated as the
adversely affected by the distribution or other disposition of the property which is the
subject of the controversy.

2. That this intervention will not, in the least, unduly delay in this
proceeding or prejudice the rights of the original parties in the case;

3. That the intervenor’s right can be fully protected in this proceeding

rather than by filing a separate proceeding.
WHEREOF, it is respectfully prayed that Shaun Connery be allowed to intervene as
party plaintiff (or defendant) and the attached complaint be admitted and served on
the defendant (or the answer be admitted and served to the plaintiff).

Davao City, Philippines, March 4,2013.

Shaun Connery

Intervenor

LEONARDO P CATARAJA

Attorney for Intervnor

Assisting Counsels:

GINA VILLE I. VILCHEZ

CHARMAINE D. BARCELONA

CHIRA DEE T. SINET

Davao City

NOTICE OF HEARING

TO: ATTY. PETE CAMPOREDONDO

Counsel for the Plaintiff

Sir: Please take notice that on Tuesday, March 5, 2013 at 7;30 in the evening
or as soon thereafter as counsel may be heard, the undersigned attorney will ask
the Regional Trial Court of Panabo City (Brach 99) that the foregoing Complaint- in
Intervention be granted.

LEONARDO P CATARAJA

Attorney for the Intervenor

 Copy of this Complaint – in Intervention with notice of hearing was sent by
registered mail on March 4, 2013 to Atty PETE CAMPOREDONDO at Door 69,
Building 54, Island Garden City of Samal, personal service being impractical due to
distance.

LEONARDO P CATARAJA
Purpose and Object of Pleadings

To define for the court the issues of law and/or of fact raised by the pleaders so that
on the basis thereof, evidence may be adduced for the judgment of the court. Their
object is to draw the lines of battle between the litigants and, accordingly must
indicate fairly the nature of the claims and defenses of both parties

Form of Pleadings:

Pleadings filed in court must comply with Sec. 15, Rule 136 of the Revised Rules of
Court:

Section 15. Unprinted papers. — All unprinted documents presented to the superior
courts of the Philippines shall be written on paper of good quality twelve and three
inches in length by eight and one-half inches in width, leaving a margin at the top
and the left-hand side not less than one inch and one-half in width. Papel catalan, of
the first and second classes, legal cap, and typewriting paper of such weight as not
to permit the writing of more than one original and two carbons at one time, will be
accepted, provided that such papers is of the required size and of good quality.
Documents written with ink shall not be of more than twenty-five lines to one page.
Typewritten documents shall be written double spaced. One side only of the page will
be written upon, and the different sheets will be sewn together, firmly, by five stitches
in the left -hand border in order to facilitate the formation of the expediente, and
they must not be doubled.

Note: Pleadings must appear pleasing to the eye, neat, readable and grammatical.

Parts of a Pleading:

The caption of a pleading sets firth the: (a) name of the court where it is being filed’
(b) the docket number of the case; (c) the title of the action; and (d) the designation
of the pleading. The designation of the court does not, however, determine the court’s
jurisdiction. The designation of a particular remedy for which the pleading has been
submitted does not inhibit the court by such choice. The absence of a designation
does not also affect the jurisdiction of the court. It can consider the case as one for
the remedy that it may find available to either party from the allegations in the body
or substance of the pleading. The allegations of a pleading determine the nature of
the action. (Raz vs Sua, et al.)
Body:

The body contains the allegations of the parties’ claims or defenses which should be
contained in duly numbered paragraphs. Each of which paragraphs must contain a
single set of facts or circumstances so far as this can be done conveniently. The
paragraphs so numbered will be referred to by such numbers in all subsequent
pleadings. When two or more causes of action are pleaded in a complaint, each must
be properly headed. The first asserted cause may be headed by the words “First
Cause of Action,” the second, by “Second Cause of Action” and so on for the others.
Allegations affecting all the asserted causes may be subtitled with the words
“Common Allegations Common to all Causes of Action.” On the other hand, the
paragraphs of the answer referring to each of the causes of action pleaded in the
complaint must be prefaced by the phrase “ Answer to the First Cause of Action” and
so on. In ordinary practice, it is deemed sufficient to preface the answers to the
causes of action as “Re: First Cause of Action” and so on.

Relief or Prayer

The relief sought for as set out in the prayer of a pleading does not determine the
nature of the cause. Neither does it limit the jurisdiction of the court to grant relief
as it may find fit under the allegations of the pleading. The court may determine the
nature of a cause and its adequacy for allowance of relief on the basis of the
averments contained in the body of the pleading. It may grant relief although there
is no prayer because the prayer is not even considered an essential part of a pleading.
The prayer, however may be considered in the determination of the nature of the
cause of action.

Signature and Address:

Every pleading must be dated and must indicate the place where it was prepared. It
must be signed by the party’s lawyer or by the party himself if he opts to represent
himself. The name of the signing lawyer must be the same as that enrolled by him in
the Roll of Attorneys. Using a name different from that by which he was admitted to
the Bar is improper and has been considered violative of the lawyer’s oath.

Signature of Pleadings cannot be delegated:

The authority of the lawyer to sign the pleadings that he has prepared is personal to
him. He may not delegate this obligation to another who may not be qualified to do
so.
Additional Details to Signature and Address:

The following details are required to be included in the signature-and-address portion

of a pleading;

1. Roll of Attorney’s Number;

2. Number and date of current professional tax receipt;

3. Number and date of current official receipt indicating payment of dues to the
Integrated Bar of the Philippines;

4. MCLE Certificate of Compliance for the immediately preceding compliance period,

or Certificate of Exemption; and

5. Contact details, e.g., telephone number, fax number, cellular phone number oe e-
mail address, if pleadings are to be filed with the Supreme Court.

A pleading is sufficient in form when it contains the following:

1. A Caption, setting forth the name of the court, the title of the action
indicating the names of the parties, and the docket number which is usually
left in blank, as the Clerk of Court has to assign yet a docket number;

2. The Body, reflecting the designation, the allegations of the party’s claims or
defenses, the relief prayed for, and the date of the pleading;

3. The Signature and Address of the party or counsel;13

4. Verification. This is required to secure an assurance that the allegations

have been made in good faith, or are true and correct and not merely
speculative;14

5. A Certificate of Non-forum Shopping, which although not jurisdictional, the

same is obligatory;15

6. An Explanation in case the pleading is not filed personally to the Court.

Likewise, for pleading subsequent to the complaint, if the same is not served
personally to the parties affected, there must also be an explanation why
service was not done personally.16

Likewise, for all other pleadings, not initiatory in nature, there must be:

A Proof of Service, which consists in the written admission of the party served,
or the official return of the server, or the affidavit of the party serving,
containing a full statement of the date, place and manner of service. If the
service is by ordinary mail, proof thereof shall consist of an affidavit of the
 person mailing. If service is by registered mail, proof shall be made by such
affidavit and the registry receipt issued by the mailing office.17

In case a party is represented by counsel de parte, additional requirements that go

into the form of the pleading should be incorporated, viz.:

1. The Roll of Attorney’s Number;

2. The Current Professional Tax Receipt Number; and

3. The IBP Official Receipt No. or IBP Lifetime Membership Number.18

4. MCLE Compliance or Exemption Certificate Number and Date of Issue

(effective January 1, 2009).

Importance of a Lawyer’s Address:

The reason for the address of the lawyer to be properly indicated in his pleading
is based on the rule that it is to him at his address on record, and not to his client
that notices from the court and pleadings from his adversaries are sent. A lawyer is
not allowed to indicate different addresses in each of the pleadings filed by him in
court. Such has been held as indicative of a fraudulent or deceitful pattern designed
to mislead the court and his adversary and may subject the lawyer to disciplinary
measures.

Significance of an Attorney’s Signature:

The signature of a lawyer on a pleading is a certificate by him that he has read

the pleading; that to the best of his knowledge, information and belief, there is a
good ground to support it’ and that it is not interposed for delay.
Form of Signature and Address:

Nelson Cruz

Counsel for the plaintiff

Attorney’s Roll no. _______

PTR no. _______

IBP No. ________

MCLE Compliance No. ________

578 Sampaloc, Manila

Tel no. _______

Form of a Certificate of Non-Forum Shopping

Certificate of Non-Forum Shopping

I, Arthur Tolentino, after having been duly sworn to in accordance with law,
hereby depose and say that I am the plaintiff in the above-entitled case, and in my
capacity as such hereby certify (1) that I have not heretofore commenced any action
or filed any claim involving the same issues in any court, tribunal or quasi-judicial
agency and to the best of my knowledge, no such action or claim is pending therein,
(2) if I should hereafter learn that the same or similar action or claim has been filed
or pending, I shall report that fact within five (5) days therefrom to this Honorable
Court.

FURTHERE I SAYETH NOTH

(S/T) JUAN DELA CRUZ

Plaintiff

(Jurat omitted)
Section 26 Rule 138 of the Rules of Court:

Section 26. Change of attorneys. — An attorney may retire at any time from any
action or special proceeding, by the written consent of his client filed in court. He
may also retire at any time from an action or special proceeding, without the consent
of his client, should the court, on notice to the client and attorney, and on hearing,
determine that he ought to be allowed to retire. In case of substitution, the name of
the attorney newly employed shall be entered on the docket of the court in place of
the former one, and written notice of the change shall be given to the advance party.

A client may at any time dismiss his attorney or substitute another in his place, but
if the contract between client and attorney has been reduced to writing and the
dismissal of the attorney was without justifiable cause, he shall be entitled to recover
from the client the full compensation stipulated in the contract. However, the attorney
may, in the discretion of the court, intervene in the case to protect his rights. For the
payment of his compensation the attorney shall have a lien upon all judgments for
the payment of money, and executions issued in pursuance of such judgment,
rendered in the case wherein his services had been retained by the client.

Rule 6 Sections 4, 5 and 6 of the Rules of Court:

Section 4. Answer. — An answer is a pleading in which a defending party sets forth

his defenses. (4a)

Section 5. Defenses. — Defenses may either be negative or affirmative.

(a) A negative defense is the specific denial of the material fact or facts alleged
in the pleading of the claimant essential to his cause or causes of action.

(b) An affirmative defense is an allegation of a new matter which, while

hypothetically admitting the material allegations in the pleading of the
claimant, would nevertheless prevent or bar recovery by him. The affirmative
defenses include fraud, statute of limitations, release, payment, illegality,
statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any
other matter by way of confession and avoidance. (5a)

Section 6. Counterclaim. — A counterclaim is any claim which a defending party may

have against an opposing party.
Rule 8, section 7 of the Rules of Court:

Section 7. Action or defense based on document. — Whenever an action or defense

is based upon a written instrument or document, the substance of such instrument
or document shall be set forth in the pleading, and the original or a copy thereof shall
be attached to the pleading as an exhibit, which shall be deemed to be a part of the
pleading, or said copy may with like effect be set forth in the pleading.

Rule 19 sections 1 to 4 of the Rules of Court:

Section 1. Who may intervene. — A person who has a legal interest in the matter in
litigation, or in the success of either of the parties, or an interest against both, or is
so situated as to be adversely affected by a distribution or other disposition of
property in the custody of the court or of an officer thereof may, with leave of court,
be allowed to intervene in the action. The court shall consider whether or not the
intervention will unduly delay or prejudice the adjudication of the rights of the original
parties, and whether or not the intervenor's rights may be fully protected in a
separate proceeding.

Section 2. Time to intervene. — The motion to intervene may be filed at any time
before rendition of judgment by the trial court. A copy of the pleading-in-intervention
shall be attached to the motion and served on the original parties. (n)

Section 3. Pleadings-in-intervention. — The intervenor shall file a complaint-in-

intervention if he asserts a claim against either or all of the original parties, or an
answer-in-intervention if he unites with the defending party in resisting a claim
against the latter.

Section 4. Answer to complaint-in-intervention. — The answer to the complaint-in-

intervention shall be filed within fifteen (15) days from notice of the order admitting
the same, unless a different period is fixed by the court.

2016 Revised Rules of Procedure for Small Claims Cases (A.M. No. 08-8-7-
SC), which took effect on 01 February 2016:

The Revised Rules increased from P100,000 to P200,000, exclusive of interests and
costs, the maximum amount of claim that may be filed before the appropriate
Metropolitan and Municipal Trial Courts (MTCs) without the assistance of lawyers. It
applies to all actions that are purely civil in nature where the claim or relief prayed
for by the plaintiff is solely for payment or reimbursement of sum of money.

Under the Rules, the parties should personally appear during hearings. Appearance
through a representative is allowed on a valid cause. The representative, who must
not be a lawyer, must be related to or next-of-kin of the party-litigant. No lawyer is
allowed to appear in behalf of any of the parties, unless the lawyer is the plaintiff or
defendant.

The Revised Rules were promulgated to protect and advance the constitutional rights
of persons to a speedy disposition of their cases, provide a simplified and inexpensive
procedure for the disposition of small claims cases, and, introduce innovations and
best practice for the benefit of the underprivileged.
Forms to be discussed:

Form no. 187. Election Protest

Form no. 190. Notice of Appearance as Counsel
Form no. 191. Notice of Withdrawal as Counsel
Form no. 192. Complaint for Damages
Form no. 193. Statement of Claim-Plaintiff
Form no. 195. Statement of Claim-Defendant
Form no. 199. Motion for Approval of Compromise Agreement
Form no. 201. Motion for Execution
Form no. 206. Answer
Form no. 208. Motion to Dismiss
Form no. 209. Complaint based on an Actionable Document
Form no. 210. Answer Denying Genuineness and Due Execution of
Instrument
Form no. 211. Third Party Complaint
Form no. 213. Complaint in Intervention
Form no. 213-A. Motion for Intervention
Al Philip P. Geli March 2, 2018

LLB-3

Reporting on Pleadings