RULE 7

PARTS OF A
PLEADING
SEC.1 CAPTION OF THE PLEADING
The caption contains the
following:
1. The name of the court
2. The title of the action
3. The docket number, if
assigned
TITLE OF THE ACTION
It contains the names of the parties whose
participation in the case shall be indicated. This
means the parties shall be indicated as either
plaintiff or defendant.
They shall all be named in the original complaint or
repetition;
But in subsequent pleadings, it shall be sufficient if
the name of the first party on each side be stated
with an appropriate indication whether there are
other parties. ( e.g. Pedro Reyes, et al.) (sec 1,
Rule 7, Rules of Court)
SEC. 2 THE BODY OF THE PLEADING
The body of the pleading sets forth its designation, the
allegations of the partys claims or defenses, the relief
prayed for, and the date of the pleading.
The allegations in the body of the pleading shall be
divided into paragraphs and shall be so numbered for
ready identification. This numbering scheme is
significant because in subsequent pleadings, a
paragraph may be referred to only by its number without
need for repeating the entire allegations in the
paragraph. Each paragraph shall contain a statement of
a single set of circumstances so far as that can be done
with convenience. (sec 2, Rule 7, Rules of Court)

HEADINGS; DESIGNATION OF CAUSES OF
ACTIONS JOINED IN ONE COMPLAINT
When two or more causes of action are joined, the
first cause of action shall be prefaced with the
words, first cause of action, or the second cause
of action by the words, second cause of action,
and so on for the others (sec 2, Rule 7, Rules of
Court)
ALLEGATIONS OF ULTIMATE FACTS
1. Every pleading, including the complaint, is not
supposed to allege conclusions. A pleading must
only aver facts because conclusions are for the
courts to make.

2. Not all facts may be allowed as averments in a
pleading. Under Sec. 1 of Rule 8, every pleading
shall omit from its allegations statements of mere
evidentiary facts. The rule prohibiting allegations
of evidentiary facts in a pleading is not difficult to
understand.

The rule requires that a pleading should contain
only allegations of ultimate facts, i.e., the facts
essential to a partys cause of action or defense
(Sec 1, Rule 8, Rules of court) or such facts as are
so essential that they cannot be stricken out without
leaving the statement of the cause of action
inadequate (Canete v. Genuino ice company, 542
SCRA 206,217)

The ultimate fact are to be stated in a methodical
and logical form and in a plain, concise and direct
manner ( Sec. 1, Rule 8, Rules of Court)
ALLEGATIONS IN AN ENVIRONMENTAL CASE
The complaint shall state that it is an environmental
case and the law involved (Sec

3. Rule 2, Rules of Procedure for Environmental
Cases). This allegation is aside from the allegation
of the ultimate facts constituting the cause of action
of the plaintiff.
RELIEF
Following the averments of the cause of action of
the plaintiff, the complaint must contain a statement
of the relief sought from the court and to which he
believes he is entitled. This portion of the complaint
is oftentimes referred to as the prayer.
The rule (Sec 2[c], Rule 7) requires that the
pleading shall specify the relief sought although the
statement may include a general prayer for such
further or other relief as may be deemed just or
equitable.

It was ruled that under Sec 2. (c), Rule 7 of the
Rules of Court, a court can grant the relief
warranted by the allegation and the proof evem if it
is not specifically sought by the injured party; the
inclusion of a general prayer may justify the grant of
a remedy different from or together with the specific
remedy sought, if the facts alleged in the complaint
and the evidence introduced so warrant (Prince
Transport, Inc. V. Garcia, 639 SCRA 312, 330,
January 12, 2011).

The relief or prayer, although part of the complaint,
does not constitute a part of the statement of the
cause of action and the plaintiff is entitled to as
much relief as the facts may warrant
It is the material allegations of the complaint, not
the legal conclusions made therein or the prayer
that determines the relief to which the plaintiff is
entitled
To reiterate, it is important to remember that the
court may grant a relief not prayed for as long as
the relief is warranted by the allegations of the
complaint and the proof.
SIGNATURE AND ADDRESS
Every pleading must be signed by the plaintiff or
counsel representing him stating in either case his
address. This address should not be a post office
box ( Sec. 3, Rule 7).
In the absence of a proper notice to the court of a
change of address, service upon the parties must
be made at the last address of their counsel of
record
A signed pleading is one that is signed either by the
party himself or his counsel. Sec 3, Rule 7 is clear
on this matter. It requires that a pleading must be
signed by the party or counsel representing him.
therefore, only the signature of either the party
himself or his counsel operates to validly convert a
pleading from one that is unsignes to one that is
signed.
EFFECTS OF AN UNSIGNED PLEADING
The signature in a pleading is important for it to
have a legal effect. Under the rules of court (Sec. 3,
Rule 7), an unsigned pleading produces no legal
effect. The court however, is authorized to allow
the pleader to correct the deficiency if the pleader
shows to the satisfaction of the court, that the
failure to sign the pleading was due to mere
inadvertence and not to delay the proceedings
(Sec. 3, Rule 7, Rules of Court).

SIGNIFICANCE OF THE SIGNATURE OF
COUNSEL
The signature of a counsel in a pleading is
significant. His signature constitutes a
certificate by him that
he has read the pleading,
that to the best of his knowledge, information and belief
there is good ground to support it, and
that it is not interposed for delay (Sec. 3, Rule 7, Rules
of Court)
It has been held that counsels authority and
duty to sign a pleading are personal to him.
He may not delegate it to just any person
because the signature of counsel
constitutes an asuurance 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 itl and that it is not
interposed for delay.
WHEN COUNSEL IS SUBJECT TO DISCIPLINARY
ACTION IN CONNECTION WITH PLEADINGS
A counsel shall be subject to disciplinary action in
the following cases:
(a) When he deliberately files an unsigned
pleading;
(b) When he signs a pleading in violation of the
rules;
(c) When he alleges in the pleading scandalous
or indecent matter;
(d) When he fails to promptly report to the court a
change of his address (Sec 3, rule 7, Rules of
Court)
VERIFICATION IN A PLEADING

Pleadings need not be under oath, verified or
accompanied by affidavit, except when so required
by law or a rule ( Sec. 4 Rule 7, Rules of Court)
HOW A PLEADING IS VERIFIED
A pleading is verified by an affidavit. This affidavit
declares that:
(a) the affiant has read the pleading, and
(b) that the allegations therein are true and
correct of his personal knowledge or based on
authentic record (Sec. 4, rule 7, rules of court)
The verification requirement is deemed
substantially complied with when one who has an
ample knowledge to swear to the truth of the
allegations in the complaint or petition signs the
verification, and when matters alleged in the
petition have been made in good faith or are true
and correct
SIGNIFICANCE OF A VERIFICATION
The verification requirement is significant, as it is
intended to secure an assurance that the
allegations in a pleading are true and correct and
not the product of the imagination or a matter of
speculation, and that the pleading is filed in good
faith
EFFECT OF LACK OF A VERIFICATION
1. A pleading required to be verified but lacks the proper
verification shall be treated as an unsigned pleading
(Sec. 4 Rule 7, Rules of Court). Hence, it produces no
legal effect (Sec 3, Rule 7, Rules of Court). The lack of
a proper verification is cause to treat the pleading as
unsigned and dismissible.
2. It has however, been held that the absence of a
verification or the non-compliance with the verification
requirement does not necessarily render the pleading
defective. It is only a formal and not a jurisdictional
requirement. The requirement is a condition affecting
only the form of the pleading and non compliance
therewith does not necessarily render it fatally
defective.
3. The absence of a verification may be corrected
by requiring an oath. The rule is in keeping
with the principle that rules of procedure are
established to secure substantial justice and
that technical requirements may be dispensed
with in meritorious cases. The court may
order the correction of the pleading or act on
an unverified pleading if the attending
circumstances are such that a strict
compliance with the rule may be dispensed
with to serve the ends of justice.

OTHER REQUIREMENTS
All pleadings, motions, and papers filed in court by
counsel shall bear, in addition to counsels current
professional tax receipt number (PTR), counsels
current IBP official receipt number indicating its
date of issue. Pleadings, motions, and papers
which do not comply with this requirement may not
be acted upon by the court, without prejudice to
whatever disciplinary action the court may take
against the erring counsel who shall likewise be
required to comply with the requirement within five
(5) days from notice. Failure to comply with such
requirement shall be a ground for further
disciplinary sanction and for contempt of court.
CERTIFICATION AGAINST FORUM SHOPPING
The certification against forum shopping is a sworn
statement in which the plaintiff or principal party
certifies in a complaint or initiatory pleading to the
following matters:
a) That he has not 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 question or claim
is pending therein;
(b) that if there is such other pending action or
claim, a complete statemet of the present status
thereof; and
(c)that if he shoul therefore learn that the same or
similar action or claim has been filed or is pending,
he shall report that fact within five (5) days
therefrom to the court wherein his aforesaid
complaint or initiatory pleading has been filed. (sec.
5, Rule 7, Rules of Court)
2. the certification is mandatory under Sec. 5 of
Rule 7 but not jurisdiction over the subject of the
action is conferred by law.
APPLICABILITY TO SPECIAL CIVIL ACTIONS
The court held that the rule requiring a certification
against forum shopping applies as well to special civil
actions since a special civil action is governed by the
rules for ordinary civil actions, subject to the specific rules
prescribed for a special civil action. Such specific rule for
example, appears under rule 46, Sec. 3 which requires
that every petition for certiorari be accompanied by a
sworn certification of non-forum shopping
MEANING OF FORUM SHOPPING
1. the concept of forum shopping has been described in
various ways, to wit:

a) there is forum shopping when a party
repetitively avails of several judicial
remedies in different courts, simultaneously
or successively, all substantially founedd on
the same transactions and the same
essential facts and circumstances, and all
raising substantially the same issues either
pending in or already resolved adversely by
some other court
(B) THERE IS FORUM SHOPPING WHEN, AS A RESULT
OF AN ADVERSE OPINION IN ONE FORUM, A PARTY
SEEKS A FAVORABLE OPINION, OTHER THAN BY
APPEAL OR CERTIORARI IN ANOTHER. THERE CAN
ALSO BE FORUM SHOPPING WHEN A PARTY
INSTITUTES TWO OR MORE SUITS IN DIFFERENT
COURTS, EITHER SIMULTANEOUSLY OR
SUCCESSIVELY, IN ORDER TO ASK THE COURTS TO
RULE ON THE SAME OR RELATED CAUSES AND/OR TO
GRANT THE SAME OR SUBSTANTIALY THE SAME
RELIEFS ON THE SUPPOSITION THAT ONE OR THE
OTHER COURT WOULD MAKE A FAVORABLE
JUDGMENT.

(c) forum shopping consists of filing multiple suits
involving the same parties for the same cause of
action, either simultaneously or successively, for
the purpose of obtaining a favorable judgment.

FORUM SHOPPING EXIST IN THE FOLLOWING:
a) Identity of parties, or at least such parties as
represent the same interests in both actions;
b) Identity of rights asserted and relief prayed for,
the relief being founded on the same facts; and
c) The identity of the two preceding particulars is
such that any judgment rendered in the pending
case, regardless of which party is successful
would amount to res judicata
Forum shopping occurs when a party attempts to
have his action tried in a particular court or
jurisdiction where he feels he will receive the most
favorable judgment or verdict.

THREE WAYS OF COMMITTING FORUM
SHOPPING
Filing multiple cases based on the same cause of
action and with the same prayer, the previous case
not having been resolved yet (where the ground for
dismissal is litis pedentia)
Filing multiple cases based on the cause of action
and the same prayer, the previous case having
been finally resolved ( where the ground for
dismissal is res judicata); and
Filing multiple casess bases on the same cause of
action, but with different prayers (splitting cause of
action, where the ground for dismissal is also either
litis pendentia or res judicata)

RATIONALE AGAINST FORUM SHOPPING
1. The rationale agasinst forum shopping is that a
party should not be allowed to pursue
simultaneous remedies in two different fora. Filing
multiple petitions or complaints constitutes abuse
of court processes, which tends to degrade the
administration of justice, wreaks havic upon
orderly judicial procedure, and adds to the
congestion of theheavily burdened dockets of the
courts.
The rule proscribing forum shopping seeks to promote
candor and transparency among lawyers and their clients
in the pursuit of their cases before the courts to promote
the orderly administration of justice, prevent undue
inconvenience upon the other party, and save the precious
time of the courts. It also aims to prevent the
embarrassing situation of two or more courts or agencies
rendering conflicting resolutions or decisions upon the
same issue
2. forum shopping is an act of malpractice, as
the litigants trifle with the courts and abuse
their processes. It is improper conduct and
degrades the administration of justice. If the
act of the party or its counsel clearly
constitutes willful and deliberate forum
shopping, the same shall constitute direct
contempt, and a cause for administrative
sanctions, as well as a ground for the
summary dismissal of the case with prejudice.
HOW TO DETERMINE THE EXISTENCE OF
FORUM SHOPPING

1. To determine whether a party violated the rule
against forum shopping, the most important
question to ask is whether the elements of litis
pendentia are present or whether a final
judgment in one case will result to res judicata in
another. Otherwise stated, to determine forum
shopping, the test is to see whether in the two or
more cases pending, there is:
(a) identity of parties,
(b) identity of rights or causes of action, and
(c) identity of reliefs sought
2. Forum shopping exists when the elements of
litis pendentia are present or where a final
judgment in one case will amount to res
judicata in another. Litis pendentia requires the
concurrence of the following 3 requisites:
(a) identity of parties, or at least such parties as
those representing the same interests in both
actions;
(b) identity of rights asserted and reliefs prayed
for, the reliefs being founded on the same facts;
and
and (c) identity with respect to the two preceding
particulars in the two cases, such that any judgment
that may be rendered in the pending case,
regardless of which party is succesful would
amount to res adjudicata in the other case.
3. Where the reliefs sought in the two actions are different,
there is no forum shopping even if the parties in the actions
are same. Where one action is for a permanent injunction
and the other is a petition for certiorari, there is no identity
of reliefs.
4. Where the reliefs sought in two courts involving the same
parties is to restrain a government official from
implementing the same order, there is forum shopping
because there is identity of reliefs
5. The filing of six appeals, complaints or petitions to
frustrate the execution of a judgment is a clear sense of
forum shopping
6. The concept of forum shopping applies not only with
respect to suits filed in the courts but also in connection
with litigations commenced in the courts while an
administrative proceeding is pending in order to defeat
administrative processes and in anticipation of an
unfavorable administrative ruling.
7. At its most basic, however, prohibited forum
shopping refers to actions involving the same
issues
8. To file an ordinary appeal and a petition for
certiorari with the court of appeals is to engage in
forum shopping
WHO EXECUTES THE CERTIFICATION AGAINST
FORUM SHOPPING
1. It is the plaintiff or principal party whoe xecutes the
certification under oath (sec. 5, rule 7, Rules of Court)
REASON: It is the petitioner and not the counsel who is in
the best position to know whether he or it actually filed or
caused the filing of a petition. A certification signed by
counsel is a defective certification and is a valid cause for
dismissal. (GR and Prevailing rule)
RULE IF THERE ARE SEVERAL PLAINTIFFS OR
PETITIONERS; EXCEPTION

The certification against forum shopping must ne
signed by all the plaintiffs or petitioners in a case;
otherwise those who did not sign will be dropped as
parties to the case.
LIBERAL INTERPRETATION OF THE RULES ON
THE SIGNING;

It has also been held that the rules on forum
shopping, which were precisely designed to
promote and facilitate the orderly administration of
justice, should not interpreted with such absoulute
literalness as to subvert its own ultimate and
legitimate objective which is the goal of all rules or
proceure.
Certificate of non-forum shopping is a
mandatory requirement but Substantial
compliance applies only with respect to the
contents of the certificate but not as to its
presence in the pleading wherein it is
required.
Any liberal application has to be justified
by special circumstances or by ample and
sufficient reasons that maintain the
integrity of, and do not detract from, the
mandatory nature of the rule (BPI vs CA
G.R. No. 168313)
SIGNING OF CERTIFICATE;
PLAINTIFF IS JUDICIAL ENTITY

When the plaintiff is a Judicial Entity, the certificate
may be executed by properly authorized person.

INITIATORY PLEADINGS;
CERTIFICATION REQUIRED

Sec. 5 of Rule 7 of the Rules of Court require that a
certification against forum shopping be attached to
all initiatory pleadings or an application of a party
asserting for relief.
Failure to comply will be a cause for dismissal of
the case without prejudice
Does not apply to compulsory counterclaims


When a complaint is dismissed without prejudice by
reason of failure to comply with the rule, it cannot
be appealed.
The proper remedy is avail of the special civil action
under Rule 65
DELIBERATE FORUM SHOPPING;
EFFECTS

A ground for summary dismissal, no motion nor
hearing required
Subsequent case shall be dismissed with prejudice
VERIFICATION AND CERTIFICATION

Non-compliance or a defect with the
verification does the not render the
pleading defective, the Court may order its
submission or correction or act on the
pleading if the circumstances so warrant.
Verification is substantially complied with
when one with ample knowledge to swear
to the truth of the allegations in the
complaint or petition signs the same and
its contents were made in good faith, true
and correct.

On certifications, non-compliance or a defect
cannot be cured by its subsequent submission or
correction, unless there are special circumstances
or compelling reasons.
All plaintiffs or petitioners must sign the certification,
or they will be dropped as parties to the case
except in certain cases where justifiable
circumstances warrant a relaxation of the rules.
The certification must be executed by the party-
pleader, not his counsel.
Under justifiable reasons however, a Special Power
of Attorney may allow his counsel to sign in his
behalf