Sunteți pe pagina 1din 17

SKILLS & EASE IN

PLEADING WRITING
Rule 8, Section 7 to 12 of The 1997 Rules of Civil
Procedure

RULE 8

MANNER OF MAKING
ALLEGATIONS IN PLEADINGS

Sec. 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 a copy thereof shall be
attached to the pleading as an exhibit, which shall be
deemed to be a part of the pleading, or said copy
may with like effect be set forth in the pleading.

PLEADING AN ACTIONABLE
DOCUMENT
In General. Each
allegation must be
simple, concise, and
direct. No technical
form is required.

Actionable documenta document which is


really the basis of the
cause of action (or
defense), and not merely
evidentiary thereof.

PLEADING AN
ACTIONABLE DOCUMENT
Mistaken Designation.
If a party mistakenly
designates a defense as a
counterclaim, or a
counterclaim as a defense, the
court must, if justice requires,
treat the pleading as though it
were correctly designated, and
may impose terms for doing
so.

Inconsistent Claims or Defenses

A party may state as many separate claims or defenses


as it has, regardless of consistency.

How an action or defense may be based


on a document:
(a) By copying a substantial portion of the document
into the pleading;
(b) By annexing /incorporating the document into the
pleading;
(c) By both copying and annexing document into the
pleading.

Sec. 8. How to contest such documents.

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.

Genuineness and due execution of an


actionable instrument shall be deemed
admitted unless the adverse party, under
oath, specifically denies them, and sets forth
what he claims to be the facts.
Exception to the requirement of an oath:
when the adverse party does not appear to be
a party to the instrument. [Donato v. CA
(1993)]

In responding to a pleading, a party


must:
State in short and plain terms its
defenses to each claim asserted against
it; and admit or deny the allegations
asserted against it by an opposing
party.
A denial must fairly respond to the
substance of the allegation.

Sec. 9. Official document or act.

In pleading an official document or official


act, it is sufficient to aver that the document
was issued or the act done in compliance with
law.

CONSTRUING
PLEADINGS. Pleadings
must be construed so as to
do justice.

Sec. 10. Specific denial.


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.

General and
Specific Denials.

A party that intends in good faith to deny all the


allegations of a pleadingincluding the
jurisdictional groundsmay do so by a general
denial. A party that does not intend to deny all the
allegations must either specifically deny designated
allegations or generally deny all except those
specifically admitted.

about the
truth of an
Lackingallegation
Knowledge
ormust
Information.
so state,
and the
statement
has the effect
of a denial.

Three Ways of Making a Specific Denial

Specific absolute denial by specifically denying the averment


and, whenever practicable, setting forth the substance of the matters
relied upon for such denial.
Partial specific denial part admission and part denial;
Disavowal of knowledge by an allegation of lack of knowledge or
information sufficient to form a belief as to the truth of the averment
in the opposing party's pleading. This does not apply where the fact
as to which want of knowledge is asserted is, to the knowledge of the
court, so plain and necessarily within the defendant's knowledge that
his averment of ignorance must be palpably untrue.

Sec. 11. Allegations not specifically denied


deemed admitted.
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.

General rule: Allegations not specifically


denied are deemed admitted
Exceptions:
(a) Allegations as to the amount of unliquidated damages;
(b) Allegations immaterial to the cause of action;
(c) Allegations of merely evidentiary or immaterial facts may be expunged
from the pleading or may be stricken out on motion. [Rule 8, Sec. 12]
(d) Conclusion of law.
Denying Part of an Allegation.A party that intends in good faith to deny
only part of an allegation must admit the part that is true and deny the rest.
Effect of Failing to Deny. An allegationother than one relating to the
amount of damagesis admitted if a responsive pleading is required and
the allegation is not denied. If a responsive pleading is not required, an
allegation is considered denied or avoided.

Sec. 12. Striking out of pleading or


matter contained therein.
Upon motion made by a party before responding to a
pleading or, if no responsive pleading is permitted by
these Rules, upon motion made by a party within
twenty (20) days after the service of the pleading
upon him, or upon the court's own initiative at any
time, the court may order any pleading to be stricken
out or that any sham or false, redundant, immaterial,
impertinent, or scandalous matter be stricken out
therefrom.