Civil Procedure

KINDS OF PLEADING

Reported by:
Efraim C. Osingat, CPA, BSMA

What are pleadings?

a. Pleadings are the written statements of the respective claims and defenses
of the parties submitted to the court for appropriate judgment.
b. Additional Notes:
i. Motion is not a pleading Section 1 Rule 15- application for the relief
other than pleading
The pleadings allowed under the Rules of Court:
1. Complaint- The complaint is the pleading alleging the plaintiff's cause or causes
of action. The names and residences of the plaintiff and defendant must be stated
in the complaint
2. Counterclaim- A counterclaim is any claim which a defending party may have
against an opposing party
3. Cross claim- A cross-claim is any claim by one party against a co-party arising out
of the transaction or occurrence that is the subject matter either of the original
action or of a counterclaim therein. Such cross-claim may include a claim that the
party against whom it is asserted is or may be liable to the cross-claimant for all or
part of a claim asserted in the action against the cross-claimant
4. Third/Forth party complaint- A third (fourth, etc.) party complaint is a claim that
a defending party may, with leave of court, file against a person not a party to the
action, called the third (fourth, etc.) party defendant for contribution, indemnity,
subrogation or any other relief, in respect of his opponent's claim.
5. Complaint in intervention - procedure to allow a nonparty, called intervenor (also
spelled intervener) to join ongoing litigation, either as a matter of right or at the
discretion of the court, without the permission of the original litigants.

Kinds of Pleading
1. Initiatory pleading Filed before the court which commences an action; and
2. Responsive pleading a pleading that is responsive to the pleading of adverse
party
Distinctions:

Kinds of Pleadings
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Civil Procedure

What is Complaint?
o Pleading alleging the plaintiffs cause or causes of caution.
Matters contained:
The names and residences of the plaintiff and defendant must be stated
in the complaint and defendant must be stated in the complaint;
Acts of omission constituting the cause or causes of action must be
alleged in the complaint; and
The relief prayed for.

Sample Case: GR 189496 Ferrer and Associates vs. University of Sto. Tomas

Facts of the Case:

An November 5, 2005 petitioner and UST Hospital, Inc. (USTHI) entered into a contract
for the renovation of some buildings of the hospital. UST denied payment to petitioner
upon completion of the project due to the contract was without prior approval of the BOT.
On 23 May 2008 petitioner filed a complaint for sum of money, breach of contract and
damages. Petitioner alleged that Father Dela Rosa verbally assured of the payment of
USTHI outstanding obligation. Petitioner impleaded UST under the piercing of corporate
vail. Respondent filed a motion to dismiss which was granted by RTC of QC due to the
petitioners failure to state the cause of action in so far as UST is concerned and that the
promise of Father is unenforceable under the statute of fraud. The CA affirmed the
decision.

Issue: Whether the complaint stated no cause of action as to UST

Decision:
In resolving a motion to dismiss based on the failure to state a cause of action,
only the facts alleged in the complaint must be considered. The test is whether the court
can render a valid judgment on complaint based on the facts alleged and the prayer
asked for. Indeed the elementary test for failure to state the cause of action is whether
the complaint alleges facts which if true would justify relief demanded. Only facts and not
legal conclusion or evidentiary facts, which should not be alleged in the complaint in the
first place are considered in applying the test.
Issues are best resolved in trial. RTC therefore committed GAD when it dismissed
the case against respondent for lack of COC. The trial court relied on the contract
executed between petitioner and USTHI, when it should have instead considered merely
the allegations stated in the complaint.

Purpose of pleading: As per Riano:

o It is necessary in order to confer jurisdiction on a court that the subject matter be
presented for its consideration; and
o To inform the court about the facts and issues.

Kinds of Pleadings
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Civil Procedure

Rule on contradicting statement from the pleadings:

o It has been held that an adimission in the pleading cannot be controverted by the
party making such admission and are conclusive as to him, and all proofs submitted
by him contrary thereto or inconsistent therewith should be ignored whether
objection is interposed or not. (Santiago vs. Delos Santos 61 SCRA 146)
o Ambiguity in allegations in pleadings are construed against the pleader and that no
presumption in his favor are to be indulged in.

Variance between the caption and allegations

o It is not the caption of the pleading but the allegations therein which determine the
nature of the action and the court shall grant relief warranted by allegations and
proof even if no such relief is prayed for.

Kinds of Pleadings
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