Essential Parts of a A.

Caption and Title

Complaint as to B. Allegations - Ultimate Facts
Form C. Cause of Action
D. Prayer
E. Signature and Address
F. Verification
G. Certificate of Non-Forum Shopping
H. Explanation in case the pleading is not filed personally to the Court
a. Proof of Service

● Jurisdictional
Amounts
Outside MM Within MM Small Claims

MTC/MeTC 300K and below 400K and below Value of the claim
where the value of does not exceed
the Three Hundred
claim does not Thousand Pesos
exceed Two (P300,000.00)
Hundred exclusive of
Thousand Pesos interest and costs.
(P200,000.00)
exclusive of
interest and costs

RTC Gross value of Value exceeds

estate exceeds 400K
300K

Jurisdictional Amount for Small Claims Cases (Summary Procedure)

-where the value of the claim does not exceed P300,000 excluding interests and
costs.

Bangsamoro Basic Law (Republic Act No. 11054)

Shari’ah Circuit Court 200K and below

Shari’ah District Court Above 200k

Material Allegations
1. Plaintiff - Legal Capacity and Residence or where he holds office
2. Defendant - Legal Capacity and Residence or where he holds office
3. Contract from which the Cause of Action is based.
4. If the cause of action is based upon a written instrument or document,
the substance of the same shall be set forth and the original or a copy
thereof shall be attached as a part of the complaint, or copied verbatim
therin.
5. Principal amount to be collected based on contract.
6. Due date of the obligation
7. Failure of the Defendant to comply with the obligation within the
agreed time
8. Demand by the Plaintiff
9. Failure by the Defendant to satisfy the demand of the Plaintiff
10. If the nature of the cause of action is such that the performance of a
condition precedent is necessary for the accrual of the action, a general
averment of the happening or performance of such condition precedent
should at least be made in the complaint.
 a. Necessity for arbitration (when there is an arbitration agreement
stipulated by the parties to a contract);

b. Earnest efforts at compromise if the suit involves members of a

family (Art. 151 of the Family Code provides: “No suit between
members of the same family shall prosper unless it should appear from
the verified complaint or petition that earnest efforts toward a
comprohave have been made, but that the same have failed. If it is
shown that no such efforts were in fact made, the case must be
dismissed. This rule shall not apply to cases which may not be the
subject of compromise under the Civil Code);

c. Prior resort to barangay conciliation (Sec.412 of LGC where the real

parties-in-interest actually reside in the same barangay); and

d. Prior demand

11. Cause of Action

12. Damage Sustained by the Plaintiff
13. Reliefs Sought

Reliefs/ Remedies 1. Payment of the amount of Obligation or unpaid portion thereof

2. Payment of the stipulated amount of interest, or legal interest should
there be no amount of interest stipulated
3. Payment of Moral Damages
4. Payment of Attorney’s fees
5. Final Attachment/Levy in Execution - attachment issued to enforce a
judgment or to satisfy a judgment, which has become final and
executory.

Provisional Remedies:

1. Preliminary Attachment (Under Rule 57) - a remedy by which the

property of the defendant is taken into the custody of law either at the
commencement of action or at anytime before the entry of judgment as
security.

(a) In an action for the recovery of a specified amount of money or

damages, other than moral and exemplary, on a cause of action arising
from law, contract, quasi-contract, delict or quasi-delict against a party
who is about to depart from the Philippines which intent to defraud his
creditors;

(b) In an action for money or property embezzled or fraudulently

misapplied or converted to his own use by a public officer, or an officer
of a corporation, or an attorney, factor, broker agent, or clerk, in the
course of his employment as such, or by other person in a fiduciary
capacity, or for a willful violation of duty;

(c) In an action to recover the possession of property unjustly or

fraudulently taken, detained or converted, when the property, or any
part thereof, has been concealed, removed, or disposed of to prevent its
being found or taken by the applicant or an authorized person;

(d) In an action against a party who has been guilty of a fraud in

contracting the debt or incurring the obligation upon which the action is
brought, or in the performance thereof;

(e) In an action against a party who has removed or disposed of his

property, or is about to do so, with intent to defraud his creditors; or
 (f) In an action against a party who does not reside and is not found in
the Philippines, or on whom summons may be served by publication.

2. Garnishment - It is a species/type of attachment or execution for

reaching credits belonging to a judgment debtor owing to him by a
third person, stranger to the litigation. This is similar to sequestration.

3. Preliminary Injunction (Under Rule 58) - is an order granted at any stage

of an action or proceeding prior to the judgment or final order, requiring
a party or a court, agency or a person to refrain from a particular act or
acts or to require the performance of a particular act or acts.

A preliminary injunction may be granted when it is established:

(a) That the applicant is entitled to the relief demanded, and the whole
or part of such relief consists in restraining the commission or
continuance of the act or acts complained of, or in requiring the
performance of an act or acts, either for a limited period or perpetually;
(b) That the commission, continuance or non-performance of the act or
acts complained of during the litigation would probably work injustice
to the applicant; or

(c) That a party, court, agency or a person is doing, threatening, or is

attempting to do, or is procuring or suffering to be done, some act or acts
probably in violation of the rights of the applicant respecting the
subject of the action or proceeding, and tending to render the judgment
ineffectual.

4. Mandatory Injunction - is to re-establish and maintain a pre-existing

right rather than to create a
new relationship between them.

May be issued:
(a) In cases of extreme urgency.
(b) Where the right is very clear
(c) Where consideration of relative inconvenience bears strongly in
complainant's favor.
(d) Where there is a willful and unlawful invasion of plaintiffs’ right
against his protest and remonstrance, the injury being a
continuing one.
(e) Where the effect of mandatory injunction is rather to re-establish
and maintain a pre-existing continuing relation between the
parties recently and arbitrarily interrupted by the defendant.

5. Temporary Restraining Order - when great or irreparable injury would

result to the plaintiff before the matter can be heard.

6. Receivership (under Rule 59) - a relationship where a court appoints a

Receiver, an indifferent person, neutral between the parties, appointed
by the court to receive and preserve the property in litigation pendente
lite when it is not seem reasonable to the court that either party will
hold it.

Grounds for the appointment of a receiver:

(a) When it appears from the verified application, and such other proof
as the court may require, that the party applying for the appointment of
 a receiver has an interest in the property or fund which is the subject of
the action or proceeding, and that such property or fund is in danger of
being lost, removed, or materially injured unless a receiver be
appointed to administer and preserve it;

(b) When it appears in an action by the mortgagee for the foreclosure of

a mortgage that the property is in danger of being wasted or dissipated
or materially injured, and that its value is probably insufficient to
discharge the mortgage debt, or that the parties have so stipulated in the
contract of mortgage;

(c) After judgment, to preserve the property during the pendency of an

appeal, or to dispose of it according to the judgment, or to aid execution
when the execution has been returned unsatisfied or the judgment
obligor refuses to apply his property in satisfaction of the judgment, or
otherwise to carry the judgment into effect;

(d) Whenever in other cases it appears that the appointment of a receiver

is the most convenient and feasible means of preserving, administering,
or disposing of the property in litigation.

4. Declaratory Relief (under Rule 63) - any person interested under a

deed, will, contract or other written instrument, whose rights are
affected by a statute, executive order or regulation, ordinance, or any
other governmental regulation may, before breach or violation thereof,
bring an action in the appropriate Regional Trial Court to determine any
question of construction or validity arising, and for a declaration of his
rights or duties, thereunder.

An action for the reformation of an instrument, to quiet title to real

property or remove clouds therefrom, or to consolidate ownership under
Article 1607 of the Civil Code, may be brought under this Rule. (1a, R64)

Requisites:
(a)there must be a justiciable controversy;
(b)the controversy must be between persons whose interests are
adverse;
(c)the person seeking declaratory relief must have a legal interest in the
controversy; and
(d)the issue involved must be ripe for judicial determination.

Documents/ 1. Contract or Promissory Note from which the Action is based

Evidence 2. Demand Letter
3. Reply to the Demand Letter
4. Sales Invoice (in case of sale)
5. Checks as payment