CIVIL PROCEDURE

MIDTERMS REVIEWER

• PARTS OF A PLEADING
o Caption
▪ Name of court
▪ Title of action
▪ Docket
o Body
▪ Claims and defenses
▪ Relief prayed for
▪ Date
o Signature and address
▪ IBP no.
▪ MCLE compliance
▪ Email address
• What is the significance of the signature of the counsel?
o Under section 3, rule 7, “the signature of counsel constitutes a certificate by him or her
that he or she has read the pleading and document; that to the best of his or her
knowledge, information, and belief, formed after an inquiry reasonable under the
circumstances:
1. It is not being presented for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation;
2. The claims, defenses, and other legal contentions are warranted by existing law or
jurisprudence, or by a non-frivolous argument for extending, modifying, or reversing
existing jurisprudence.
3. The factual contentions have evidentiary support or, if specifically so identified, will
likely have evidentiary support after availment of the modes of discovery under
these rules;
4. The denials of factual contentions are warranted on the evidence or, if specifically
so identified, are reasonably based on belief or a lack of information.
• What is the consequence if the lawyer violates what he certifies?
o The lawyer may receive sanctions from the Court if he or she violates the rule on
reneges on his or her certification. The sanction may be extended to the law firm which
jointly and severally liable for a violation committed by its partner, associate, or
employee. (Section 3, Rule 7)
• RULE 7, SECTION 3 – Signature and address
o 2019 Amendments
(C ) if the court determines, on motion or motu proprio and after notice and hearing,
that this rule has been violated, it may impose an appropriate sanction or refer such
violation to the proper office for disciplinary action, on any attorney, law firm, or party
that violated the rule, or is responsible for the violation. Absent exceptional
circumstance, a law firm shall be held jointly and severally liable for a violation
committed by its partner, associate, or employee. The sanction may include, but shall
not be limited to, non-monetary directive or sanction; an order to pay a penalty in
court; or, if imposed on motion and warranted for effective deterrence, an order
directing payment to the movant of part or all of the reasonable attorney’s fees and
 other expenses directly resulting from the violation, including attorney’s fees for the
filing of the motion for sanction. The lawyer or law firm cannot pass on the monetary
penalty to the client.
• VERIFICATION
o Except when otherwise specifically required by law or rule, pleadings need not be under
oath, verified or accompanied by affidavit.
▪ Only needed to be so when it is evidenced by documentary evidence.
o A pleading is verified by an affidavit of an affiant duly authorized to sign said
verification. The authorization of the affiant to act on behalf of a party, whether in the
form of a secretary’s certificate or a special power of attorney, should be attached to
the pleading. (Section 4, Rule 7)
o RULE 7, SECTION 4
▪ Under the 2019 Amendments, a pleading is verified by an affidavit of an affiant
duly authorized to sign said verification. The authorization of the affiant to act
on behalf of a party, whether in the form of a secretary’s certificate or a special
power of attorney, should be attached to the pleading.
▪ This requirement is applicable when the one who would verify the pleading is
not the party but the one who was authorized by the party.
▪ The requirement that proof of authority of the affiant who verified for and in
behalf of the party must be attached to the pleading was introduced to address,
once and for all, the persistent issue on whether the affiant has the authority to
verify the pleading for and in behalf of the party.
▪ The amendment must have been inspired by the ruling of the Supreme Court in
the case of Cosco Philippines Shipping Inc., vs. Kemper Insurance Co, 670 SCRA
343.
➢ “We have consistently held that the certification against forum
shopping must be signed by the principal parties. If, for any reason, the
principal party cannot sign the petition, the one signing on his behalf
must hav been duly authorized.”
• What should be attested in the verification?
1. The allegations in the pleading are true and correct based on his or her personal knowledge,
or based on authentic documents.
2. The pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost
of litigations; and
3. The factual allegations therein have evidentiary support after reasonable opportunity for
discovery.
• NOTE: A pleading required to be verified are those that contain a verification based on
“information and belief” or upon “knowledge, information and belief,” or lacks a proper
verification, shall be treated as an unsigned pleading. (Section 4, Rule 7)
• Defect in verification does not necessarily render the pleading defective.
o It is only a formal defect and not a jurisdictional requirement.
o The requirement is a condition affecting only the form of the pleading.
• CERTIFICATION AGAINST FORUM SHOPPING
(A) That he has not therefore commenced any action or filed any claim involving the same
issues in any 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; and
 (C) If he should thereafter learn that the same or similar action or claim has been filed or is
pending, he shall report that fact within five days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed.
(Section 5, Rule7)
• Who executes the certification against forum shopping?
o It is the plaintiff or principal party who executes the certification under oath.
o It must be executed by the party pleader, not his counsel.
o If, however, for justifiable reason, the party-pleader is unable to sign, he must execute a
special power of attorney designating his counsel of record to sign in his behalf.
• Who signs the certification if the plaintiff is a juridical entity?
o Certification must be executed by properly authorized persons.
o In corporations, the board of directors or by one who is duly authorized by resolution of
the board of directors; otherwise, the complaint will have to be dismissed.
• Under the new rules:
o The authorization of the affiant to act on behalf of a party, whether in the form of a
secretary’s certificate or a special power of attorney, should be attached to the
pleading.
• EXCEPTION:
o When plaintiffs share a common interest and invoke a common cause of action or
defense, the signature of only one of them substantially comply with the rules.
• EFFECTS OF NON-COMPLIANCE WITH THE RULE ON CERTIFICATION AGAINST FORUM SHOPPING
(Section 5, Rule 7)
o It is a ground for dismissal
o The dismissal on this ground is without prejudice, unless otherwise provided.
o Not curable by amendment
o False certification and non-compliance with undertaking constitute direct contempt.
o If forum shopping is willful or deliberate – ground for summary dismissal with prejudice
and would constitute direct contempt.
• How should the court treat non-compliance with requirements of defective verification and
certification against forum shopping?
o Non-compliance with or defect in verification will not render the pleading fatally
defective. The defect may be dispensed with. It is deemed complied with when one who
signed it has ample knowledge and can swear to the truth of the allegation.
o As to certification against forum shopping, non-compliance therewith or defect therein,
is generally not curable by amendment or subsequent and compelling reason. It must be
signed by all parties; those who did not sign shall be considered dropped as parties.
• RULE 7. PARTS AND CONTENTS OF PLEADINGS
o 2019 Amendments
▪ Sec. 6. Contents – Every pleading stating a party’s claims or defenses shall, in
addition to those mandated by Section 2, Rule 7, state the following:
(a) Names of witnesses who will be presented to prove a party’s claim
or defense;
(b) Summary of the witnesses’ intended testimonies, provided that the
judicial affidavits of said witnesses shall be attached to the pleading
and form an integral part thereof/ Only witnesses whose judicial
affidavits are attached to the pleading shall be presented by the
parties during trial. Except if a party presents meritorious reasons as
 basis for the admission of additional witnesses, no other witness or
affidavit shall be heard or admitted by the court; and
(c) Documentary and object evidence in support of the allegations
contained in the pleading.
• RULE 7. SECTION 6
o What is the effect if a party fails to attach to his or her complaint or answer the affidavit
or his or her witness?
▪ A party may not be able to present as witnesses those whose judicial affidavits
were not attached to the complaint or answer.
▪ Only witnesses whose judicial affidavits are attached to the pleading shall be
presented by the parties during trial.
o Can a party present other witnesses in addition to those whose judicial affidavits are
attached to the pleading?
▪ Yes, but only for meritorious reasons.
• MANNER OF MAKING ALLEGATIONS IN PLEADINGS
o GR: Every pleading shall contain in a methodical and logical form, a plain, concise and
direct statement of the ultimate facts, including the evidence on which the party
pleading relies for his or her claim or defense, as the case may be.
If a cause of action or defense relied on is based on law, the pertinent provisions
thereof and their applicability to him or her shall be clearly and concisely stated
(Section 1, Rule 8)
• RULE 8. SECTION 1
o Mandates that the pleading not only contain concise and direct statement of the
ultimate facts constituting a party’s claim or defense.
o Also requires to state the evidence needed in order to prove said ultimate facts.
o Consistent with section 6, rule 7
o Can be likened to section 3, rule 3 of the Rules of Procedure for Environmental Cases,
which provides that: “The plaintiff shall attach to the verified complaint all evidence
proving or supporting the cause of action consisting of the affidavits of witnesses,
documentary evidence and if possible, object evidence. The affidavits shall be in
question and answer form and shall comply with the rules of admissibility of evidence.”
• MATTERS WHICH CAN BE AVERRED GENERALLY:
o Condition precedent (Sec. 3, Rule 8)
o Capacity to sue or be sued (Sec 4, Rule 8)
o Judgment (Sec 6, Rule 8)
o Malice, intent, knowledge or other condition of the mind (Sec 5, Rule 8)
o Official document or act (Sec 9, rule 8)
• NOTE: if one contests the Party’s capacity to sue, it must be denied specifically with supporting
particulars.
o In pleading judgment, certified true copy thereof must be attached.
• MATTERS WHICH MUST BE AVERRED SPECIFICALLY:
o In all averments of fraud or mistake, the circumstances constituting fraud or mistake
must be stated with particularity (Sec 5, Rule 8)
o It is not enough for the complaint to allege that he was defrauded by the defendant.
Under the provision, the complaint must state with particularity the fraudulent acts of
the adverse party.
• Is pleading different causes of action or defense permissible?
 o Yes
▪ Under section 2, rule 8, it is provided that “a party may set forth two or more
statements of a claim or defense alternatively or hypothetically, either in one
cause of action or defenses.”
• How to allege action or defense based on actionable document?
o 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 copy thereof shall be
deemed to be a part of the pleading, or said copy may with like effect be set forth in the
pleading. (rule 8)
• How to contest such document?
o When an action or defense is founded upon a written instrument, copied in or attached
to the corresponding pleading as provided in the preceding section, the genuineness
and due execution of the instrument shall be deemed admitted unless the adverse
party, under oath, specifically denies them, and sets forth what he claims to be the
facts; but the requirement of an oath does not apply when the adverse party does not
appear to be a party to the instrument or when compliance with an order for an
inspection of the original instrument is refused. (Section 8, Rule 8)
• Effect of failure to deny under oath the due execution and genuineness
o Instrument shall be deemed admitted unless the adverse party, under oath, specifically
denies them, and sets forth what he claims to be true. (Section 8, Rule 8)
• What defenses are cut off by the implied admission?
o Forgery of document
o Lack of authority to execute the document
o The party charged signed the document in some other capacity than that alleged in the
pleading
o The document was never delivered
o Document was not in the words and figures as set out in the pleading
• How to deny the allegation in the complaint?
o A defendant must specify each material allegation of fact the truth of which he does not
admit and, whenever practicable, shall set forth the substance of the matters upon
which he relies to support his denial. Where a defendant desires to deny only a part of
an averment, he shall specify so much of it as is true and material and shall deny only
the remainder. Where a defendant is without knowledge or information sufficient to
form a belief as to the truth of a material averment made in the complaint, he shall so
state, and this shall have the effect of a denial (Section 10, Rule 8)
• MANNER OF DENYING AN ALLEGATION
o By specifically denying the allegation and setting forth the substance upon which one
relies his denial.
o By specifically denying some part of the allegation and admitting the rest.
o By specifically denying the allegation for lack of knowledge sufficient to form a belief as
to the truth or falsity of the allegation.
▪ Effect of failure to deny specifically
• Material averment in the complaint, other than those as to the amount
of unliquidated damages, shall be deemed admitted when not
specifically denied. Allegations of usury in a complaint to recover
 usurious interest are deemed admitted if not denied under oath.
(Section 11, Rule 8)
• NOTE: When the defendant alleges having no knowledge or information sufficient to form a
belief as to the truth of the allegations of the other party but such matters are plainly and
necessarily within defendant’s knowledge, a claim of ignorance or lack of information will not be
considered a specific denial, hence, implied admission.
• What is negative pregnant?
o It is a negative implying also an affirmative and which, although stated in a negative
form, really admits the allegations to which it relates.
o It is a form of negative expression which carries with it an affirmation or at least an
implication of some kind of favorable to the adverse party.
o It is not a specific denial. It is an admission.
• RULE 8. SECTION 12
o What are the other grounds which must be alleged as affirmative defenses?
1. That the court has no jurisdiction over the person of the defending party;
2. That the venue is improperly laid;
3. That the plaintiff has no legal capacity to sue;
4. That the pleading asserting the claim states no cause of action; and
5. That the condition precedent for filing the claim has not been copied with.