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may serve as evidence assignment: persuasive and legal analysis abad: pages 221-228 basic parts of a pleading -caption -body paragraph headings relief date -signature and address -verification -certiifcation against forum shopping --rule 7, rules of court --also and 128 legal formula major premise-legal premise/proposition of law what are the elements of the violation/charge example: one who sells property is bound to deliver the item to the buyer once the buyer has already paid. this is the proposition of law, under the CIVIL CODE or RPC/SPECIAL LAW, and JURISPRUDENCE. this is going to be the basis of your cause of action. SET OUT the elements of the offense minor premise-statement/proposition of fact the factual allegation which is reflective of your proposition example: the seller is bound xxx (proposition) in this case, A, seller, promised B, the buyer, who sued. B paid but A did not deliver. A is therefore liable to B. should be reflective of the element. conclusion-logical deduction that: A is guilty of _____. Allegation of facts Ultimate facts- form the basis of the action or defense and should be alleged major premise: go back to the elements, lay out facts that prove each an d every element is present in the offense includes raw data that constitutes the offense example: facts that will prove that A raped B (law plus jurisprudence) Evidential facts- accessory to the main action, need not be alleged might be material in some cases, but not necessarily to your course of a ction WON red was the color of the shirt xxx magkano yung turon rules in pleadings -generally, plead facts and not conclusions of facts -note: conclusion of fact must be based on several statement of facts ex: he acted in bad faith. (bad faith has a definition in jurisp

rudence) not necessarily bawal. but if you include legalese, prov ide background/lay down the premise! ex: willfully, wantonly, negligently raped; she was acting under duress; corporation was then duly authorized (that the corporation was registered xxx -premise) -set out the facts as they happen. VERY RAW. no citing of provisions yet . -conclusions of law should not be pleaded -note: pleading the legal effect of the ultimate facts can support the p leading not altogether prohibited provided that may background -presumptions need not be pleaded -matters presumed by the applicable law -conclusive and disputable presumptions (Rule 131, Rules of Court) -there are certain matters presumed in law ex: accountable officer of govt, when tasked to deliver the amou nt- and there's no delivery presumption: negligence-since you're already an accounta ble officer Jurisdiction -MTC/RTC- Judiciary Reorganization Act of 1980 as amended (cases cognizable by M TC/RTC civil and criminal cases) -1991 rules on summary proceedings (comparative study of pleadings -ordinary, ci vil, summary, etc) -rules of procedure for small claims cases -rules appellate practice (CA/SC) -law on evidence suggested template: trial memo filed with RTC, CA, SC to be provided initiatory pleading: in civil cases-the complaint (thru court); in criminal case -the affidavit complaint (thru fiscal, law enforcement agent) answered by: answer-civil case and criminal case