Concept of Pleadings

Pleadings are statements of facts on which a party relies to win. The party who brings the suit makes his statement first; the party sued then makes his statement. From these statements an issue is, or issues are, defined for the determination of the court. FORMS - complaint, answer, reply, counterclaim, crossclaim and third-party complaint. - contains issues upon which parties pray for a judgment. Thus, motions are not pleadings.

 CONTENTS Every pleading shall contain, in a methodical and logical form, a plain, concise and direct statement of the ultimate facts on which the party pleading relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary facts . SUFFICIENCY OF PLEADINGS - when requirements of the law as to form and substance are complied with; - elements on which action is based are substantially alleged in the pleading, knowledge of law is essential.

DEFECTS IN PLEADINGS
Defects may be in substance or form - A defect in SUBSTANCE occurs when a pleader fails to state enough facts to constitute a prima facie cause of action, defense, reply, or the like; - A defect in FORM consists in errors in the manner of stating the material facts; it occurs when, though enough facts are stated, they are not stated in a manner as the law requires.

1. To present in a concise and logical form an exact statement of the facts supporting his position. -failure to observe this rule opens the way for adversary to attack on two points: a. delay the proceedings by employing motions and other correctional devises addressed to the pleadings; b. Attack the presentation of evidence during the trial 2. To appraise his own pleading both from the point of view of its susceptibility to structural attacks and sufficiency to support the introduction ,at the trial,of the evidence which has been mustered to sustain his case

Duties of a Good Pleader

STATUTORY REQUIREMENTS OF PLEADINGS

1. There must be caption showing the name of the court, title of action (to include the names of all the parties in a complaint) and in other pleadings, simply the name of the first party on each side with an appropriate indication; Statement of ultimate facts on which the party relies for his claim or defense. Must be plain , concise and direct in a methodical and logical form It must be divided into paragraphs which are numbered for identification, each paragraph to contain a simple set of circumstances A party must sign his pleadings with his address, if not represented by an attorney. Otherwise, it must be signed by at least one attorney of record with his address . No verification needed unless specified by the rules.

2. 3. 4.

5. If an action or defense is based on a written instrument or document, the substance of instrument or document shall be set forth in the pleading and the original or copy thereof attached to the pleading as an exhibit, to be deemed a part of the pleading or the copy may be set forth in the pleading; Genuineness and due execution of said instrument shall be deemed admitted unless specifically denied under oath by the adverse party; 7. 2 or more statements of claim or defense may be set forth alternatively or hypothetically in 1 cause of action or defense, or in separate causes of action or defense;

8. General averment of the performance or occurrence of all conditions precedent shall be sufficient; 9. Capacity of the parties need not be averred save to the extent required to show jurisdiction of the court; 10. Circumstances constituting fraud or mistake must be stated with particularity; while malice, intent, knowledge or other condition of mind may be stated generally; 11. A judgment of the court, domestic or foreign, judicial or quasi-judicial, of a board or officer, is sufficient averment without setting forth matters showing jurisdiction to render it;

1. As to an official document or official act, it is sufficient to aver that it was issued or done in compliance with the law; 2. All pleadings are liberally construed so as to do substantial justice
Sec. 1-17, Rule 15 Revised Rules of Court

FORM: COMPLAINT (2 causes of action)

(CAPTION & TITLE) (DESIGNATION OF THE PLEADING) Plaintiff alleges: As first cause of action. 1. That plaintiff is a resident of the City of Bacolod; and that defendant is a resident of Brgy. Villamonte, Bacolod City, where he may be served with summons; 2. That on the 13th day of June, 2002, defendant executed and delivered to the plaintiff, a promissory note, in the following words and figures, to wit: (insert copy of the promissory note) 3. That defendant has not paid said promissory note, nor any part thereof or interest thereon (if note was partially paid, state how much was paid and the balance outstanding). As second cause of action. 1. Plaintiff hereby incorporates the allegations of paragraph 1 of the first cause of action. 2. that on the 19th day of August, 2002, defendant executed and delivered to the plaintiff, his promissory note, in the following words and figures to wit: (insert copy of the promissory note) WHEREFORE, it is respectfully xxx xxx xxx

FORM 1: STANDARD PLEADING

REPUBLIC OF THE PHILIPPINES (ADMINISTRATIVE REGION/COURT/TRIBUNAL WHEREIN PENDING) (NAME) Plaintiff, -versusCivil Case No. (Name) For: (Nature) Defendant. x------------------ x (Designation) (Party), through the undersigned counsel, unto this Honorable Court respectfully states: 1. (Jurisdictional averments) 2. (Statement of ultimate facts)- comply with the elements of the Cause of Action) (PETITORY PORTION) WHEREFORE, it is respectfully prayed of the Honorable Court that (state the prayer or the relief requested) Other reliefs as may be deemed just and equitable under the premises are likewise prayed for. (Place, date of preparation) (Atty. of Record) IBP No._______ PTR No. ______ (Standard Verification, if required) COPY FURNISHED: (opposing counsel and address)

FORM 2: STANDARD PLEADING(Real Actions)

REPUBLIC OF THE PHILIPPINES (ADMINISTRATIVE REGION/COURT/TRIBUNAL WHEREIN PENDING) IN THE MATTER OF (Nature of the Action) (Name), Petiitoner Case No. (Name), For: (nature) Oppositor (if any) x------------------ x (Designation) (Party), through the undersigned counsel, unto this Honorable Court respectfully states: 1. (Jurisdictional averments) 2. (Statement of ultimate facts)- comply with the elements of the Cause of Action) (PETITORY PORTION) WHEREFORE, it is respectfully prayed of the Honorable Court that (state the prayer or the relief requested) Other reliefs as may be deemed just and equitable under the premises are likewise prayed for. (Place, date of preparation) (Atty. of Record) IBP No._______ PTR No. ______ (Standard Verification, if required) COPY FURNISHED: (opposing counsel and address)

FORM 3: MOTIONS (ORDINARY)

REPUBLIC OF THE PHILIPPINES (ADMINISTRATIVE REGION/COURT/TRIBUNAL WHEREIN PENDING)

(NAME) Plaintiff, -versus(Name) Defendant. x------------------------x Civil Case No. For: (Nature)

MOTION (DESIGNATION) (Party), through the undersigned counsel, unto this Honorable Court respectfully states: 1. (Antecedent Facts) 2.(Grounds) - cite the rules where possible PRAYER WHEREFORE, it is respectfully prayed of the Honorable Court that (state the action prayed for) (place, date of preparation) (Atty. Of Record) IBP NO.---------PTR NO.--------NOTICE OF HEARING

PLEADINGS IN CRIMINAL ACTION Commenced either by complaint or information in the name of the People of the Philippines against the accused) Complaint or information must stat the name of the defendant, designation of offense, acts or omissions constiutting the offense, name of the offended party, approximate time of the commission of the offense, and place where the offebse was committed. If offense was committed by more than one person, all must be included

FORM 4: CRIMINAL CASE

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT 6TH JUDICIAL REGION Bacolod City, Branch 42

(Title) INFORMATION (for Murder) The undersigned accuses Sadam Benladin y Abu, of the crime of Murder, committed as follows: That on or about April 15, 2002, in the City of Bacolod, Negros Occidental, Philippines, the said accused did then and there willfully , unlawfully and feloniously with intent to kill and with treachery and evident premeditation, attack, assault and use personal violence upon one George Arroyo y Estrada, by there and then stabbing the latter two times at the back with the use of a kitchen knife, thereby inflicting upon him mortal wounds which were direct and immediate cause of his death thereafter. Contrary to Law. Assistant Fiscal (Certification of Preliminary Investigation) JURAT

Witnesses: ---------CERTIFICATION OF PRELIMINARY INVESTIGATION

I hereby certify that a preliminary investigation in this case has

been conducted in accordance with law; that I have examined the complainant and his witnesses and on the basis of the sworn statements and other evidence submitted before me, there is reasonable ground to believe that the offense charges has been committed; that the accused is probably guilty thereof; that the accused was informed of the complaint against him and was given an opportunity to submit controverting evidence and that the filing of this information was with the authority of the City Fiscal. Bacolod City, March 8,2003 Asst. Fiscal Administering Officer (JURAT) Bail Recommended Address of the Accused

Witnesses: Certification of Inquest I hereby certify that I am filing this case in accordance with Section 7 of rule 112, Revised Rules on Criminal Procedure because the accused herein having been lawfully arrested without a warrant of arrest did not ask for preliminary investigation nor sign a waiver of the provisions of the Article 125 of the Revised Penal Code. Bacolod City, March 8,2003 Asst. Fiscal Administering Officer (JURAT) Bail Recommended Address of the Accused

BRIEF MAKING:TRIAL BRIEF

IMPORTANCE WHAT IT CONTAINS -statement of facts -abstract of the pleadings -issues raised by the pleadings -facts which plaintiff must prove -statements of witnesses -digest of physical evidence -Memoranda of Law

FORM OF TRIAL BRIEF

The Facts - upon which both parties agree - as your client sees them -as your opponent claims Undisputed Questions - The principal disputed point i.e., questions and answers - minor disputed questions and their answers The Law Applicable - Constitution, statutes or regulations - Texts or other authorities - Decided Cases - Summary

POINTERS IN THE PRESENTATION OF APPEALED CASES

Simplify difficult points Arguments should be brief Clarify the issues Argue facts more than the law Cite only important Cases Avoid exaggerations/misstatements Present a balanced view of the case Make the brief readable Avoid appeals to passion and prejudice Humor should be indulge in with great care In argument, do not read from the brief Support statement of facts Avoid undue reference to briefs or records Be prepared for questions by judges Avoid the use of the word supra after a question Do not employ oratory upon appeals

PREPARING A PRE-TRIAL BRIEF

CONTENTS OF PRE-TRIAL BRIEF

Statement of willingness to settle amicably Facts submitted and proposed for stipulations Issues to be resolved List of exhibits to be presented during the trial Resort to discovery procedures Names of witnesses and substance of their testimony Law and jurisprudence Trial Dates

COMMENT

A LAWYER GOING TO TRIAL MUST HAVE A COMPLETE FACTUAL FILE AND A THOROUGH LEGAL BRIEF. With this preparation, counsel and client face the battle with confidence. A LAWYER MUST HAVE A THOROUGH DISCOVERY, EXAMINATION AND KNOWLEDGE OF THE FACTS. A complete Legal Brief is essential not only in the courtroom, but also in conferences, hearings, meetings and consultations with clients.