Judicial Forms

8/4/2019 Judicial Forms

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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 thecourt.

FORMS

- complaint, answer, reply, counterclaim, cross-

claim and third-party complaint.

- contains issues upon which parties pray for a

judgment. Thus, motions are not pleadings.


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CONTENTS

Every pleading shall contain, in a methodical

and logical form, a plain, concise and direct

statement of the ultimatefacts 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.


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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 faciecause 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.


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Duties of a Good Pleader

1. To present in a concise and logical form an exactstatement of the facts supporting his position.

-failure to observe this rule opens the way foradversary to attack on two points:

a. delay the proceedings by employing motionsand other correctional devises addressed to the

pleadings;

b. Attack the presentation of evidence during thetrial

2. To appraise his own pleading both from the pointof view of its susceptibility to structural attacksand sufficiency to support the introduction ,at thetrial,of the evidence which has been mustered tosustain his case


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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 acomplaint) and in other pleadings, simply the name of thefirst party on each side with an appropriate indication;

2. Statement of ultimate facts on which the party relies for

his claim or defense. Must be plain , concise and direct ina methodical and logical form

3. It must be divided into paragraphs which are numberedfor identification, each paragraph to contain a simple setof circumstances

4. A party must sign his pleadings with his address, if notrepresented by an attorney. Otherwise, it must be signed

by at least one attorney of record with his address . Noverification needed unless specified by the rules.


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5. If an action or defense is based on a writteninstrument or document, the substance ofinstrument or document shall be set forth in the

pleading and the original or copy thereof attachedto the pleading as an exhibit, to be deemed a partof the pleading or the copy may be set forth in the

pleading;

Genuineness and due execution of saidinstrument shall be deemed admitted unlessspecifically denied under oath by the adverse

party;

7. 2 or more statements of claim or defense may beset forth alternatively or hypothetically in 1 causeof action or defense, or in separate causes ofaction or defense;


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8. General averment of the performance oroccurrence of all conditions precedent shall besufficient;

9. Capacity of the parties need not be averred saveto the extent required to show jurisdiction of thecourt;

10. Circumstances constituting fraud or mistake mustbe stated with particularity; while malice, intent,knowledge or other condition of mind may bestated generally;

11. A judgment of the court, domestic or foreign,judicial or quasi-judicial, of a board or officer, issufficient averment without setting forth mattersshowing jurisdiction to render it;


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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


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FORM: COMPLAINT (2 causes of action)FORM: COMPLAINT (2 causes of action)

((CAPTION & TITLE)CAPTION & TITLE)

(DESIGNATION OF THE PLEADING(DESIGNATION OF THE PLEADING))Plaintiff alleges:Plaintiff alleges:

As first cause of actionAs first cause of action..

1. That plaintiff is a resident of the City of Bacolod; and that defendant is1. That plaintiff is a resident of the City of Bacolod; and that defendant isa resident of Brgy. Villamonte, Bacolod City, where he may be serveda resident of Brgy. Villamonte, Bacolod City, where he may be servedwith summons;with summons;

2. That on the 132. That on the 13thth day of June, 2002, defendant executed and deliveredday of June, 2002, defendant executed and deliveredto the plaintiff, a promissory note, in the following words and figures, toto the plaintiff, a promissory note, in the following words and figures, towit:wit:

((insert copy of the promissory note)insert copy of the promissory note)

3. That defendant has not paid said promissory note, nor any part thereof3. That defendant has not paid said promissory note, nor any part thereofor interest thereon (if note was partially paid, state how much was paidor interest thereon (if note was partially paid, state how much was paidand the balance outstanding).and the balance outstanding).

As second cause of actionAs second cause of action..

1. Plaintiff hereby incorporates the allegations of paragraph 1 of the first1. Plaintiff hereby incorporates the allegations of paragraph 1 of the firstcause of action.cause of action.

2. that on the 192. that on the 19thth day of August, 2002, defendant executed and deliveredday of August, 2002, defendant executed and deliveredto the plaintiff, his promissory note, in the following words and figures toto the plaintiff, his promissory note, in the following words and figures towit:wit: (insert copy of the promissory note)(insert copy of the promissory note)

WHEREFORE, it is respectfully xxx xxx xxxWHEREFORE, it is respectfully xxx xxx xxx


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FORM 1: STANDARD PLEADINGORM 1: STANDARD PLEADINGREPUBLIC OF THE PHILIPPINESREPUBLIC OF THE PHILIPPINES

((ADMINISTRATIVE REGION/COURT/TRIBUNAL WHEREIN PENDINGADMINISTRATIVE REGION/COURT/TRIBUNAL WHEREIN PENDING))(NAME)(NAME)

Plaintiff,Plaintiff,

-versus- Civil Case No.-versus- Civil Case No.

(Name) For: (Nature)(Name) For: (Nature)

Defendant.Defendant.

x------------------ xx------------------ x (Designation)(Designation)

(Party), through the undersigned counsel, unto this Honorable Court respectfully(Party), through the undersigned counsel, unto this Honorable Court respectfullystates:states:

1.1. ((Jurisdictional avermentsJurisdictional averments))2.2. (Statement of ultimate facts)-(Statement of ultimate facts)-comply with the elements of the Cause ofcomply with the elements of the Cause ofAction)Action) (PETITORY PORTION(PETITORY PORTION))

WHEREFORE, it is respectfully prayed of the Honorable Court that (state theWHEREFORE, it is respectfully prayed of the Honorable Court that (state theprayer or the relief requested)prayer or the relief requested)

Other reliefs as may be deemed just and equitable under the premises areOther reliefs as may be deemed just and equitable under the premises arelikewise prayed for.likewise prayed for.

(Place, date of preparation)(Place, date of preparation)

(Atty. of Record)(Atty. of Record)

IBP No._______IBP No._______

PTR No. ______PTR No. ______

(Standard Verification, if required)(Standard Verification, if required)

COPY FURNISHED: (opposing counsel and address)COPY FURNISHED: (opposing counsel and address)


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FORM 2: STANDARD PLEADING(RealORM 2: STANDARD PLEADING(RealActions)ctions)REPUBLIC OF THE PHILIPPINESREPUBLIC OF THE PHILIPPINES

((ADMINISTRATIVE REGION/COURT/TRIBUNAL WHEREIN PENDINGADMINISTRATIVE REGION/COURT/TRIBUNAL WHEREIN PENDING))

IN THE MATTER OFIN THE MATTER OF(Nature of the Action)(Nature of the Action)

(Name),(Name),

Petiitoner Case No.Petiitoner Case No.

(Name), For: (nature)(Name), For: (nature)

Oppositor (if any)Oppositor (if any)

x------------------ xx------------------ x (Designation)(Designation)

(Party), through the undersigned counsel, unto this Honorable Court respectfully(Party), through the undersigned counsel, unto this Honorable Court respectfullystates:states:

1.1. ((Jurisdictional avermentsJurisdictional averments))

2.2. (Statement of ultimate facts)-(Statement of ultimate facts)-comply with the elements of the Cause of Action)comply with the elements of the Cause of Action)(PETITORY PORTION(PETITORY PORTION))

WHEREFORE, it is respectfully prayed of the Honorable Court that (state theWHEREFORE, it is respectfully prayed of the Honorable Court that (state theprayer or the relief requested)prayer or the relief requested)

Other reliefs as may be deemed just and equitable under the premises areOther reliefs as may be deemed just and equitable under the premises arelikewise prayed for.likewise prayed for.

(Place, date of preparation)(Place, date of preparation)

(Atty. of Record)(Atty. of Record)

IBP No._______IBP No._______

PTR No. ______PTR No. ______

(Standard Verification, if required)(Standard Verification, if required)

COPY FURNISHED: (opposing counsel and address)COPY FURNISHED: (opposing counsel and address)


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FORM 3: MOTIONS (ORDINARY)FORM 3: MOTIONS (ORDINARY)

REPUBLIC OF THE PHILIPPINESREPUBLIC OF THE PHILIPPINES

((ADMINISTRATIVE REGION/COURT/TRIBUNAL WHEREIN PENDING)ADMINISTRATIVE REGION/COURT/TRIBUNAL WHEREIN PENDING)

(NAME)(NAME)Plaintiff,Plaintiff,

-versus- Civil Case No.-versus- Civil Case No.

(Name) For: (Nature)(Name) For: (Nature)

Defendant.Defendant.

x------------------------xx------------------------x

MOTION (MOTION (DESIGNATIONDESIGNATION))(Party), through the undersigned counsel, unto this Honorable Court(Party), through the undersigned counsel, unto this Honorable Court

respectfully states:respectfully states:

1. (Antecedent Facts)1. (Antecedent Facts)

2.(Grounds) -2.(Grounds) - cite the rules where possiblecite the rules where possible

PRAYERPRAYER

WHEREFORE, it is respectfully prayed of the Honorable Court that (state theWHEREFORE, it is respectfully prayed of the Honorable Court that (state theaction prayed for)action prayed for)

(place, date of preparation)(place, date of preparation)

(Atty. Of Record)(Atty. Of Record)

IBP NO.----------IBP NO.----------

PTR NO.---------PTR NO.---------

NOTICE OF HEARINGNOTICE OF HEARING


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PLEADINGS IN CRIMINAL ACTIONPLEADINGS IN CRIMINAL ACTION Commenced either by complaint orCommenced either by complaint or

information in the name of the People of theinformation in the name of the People of thePhilippines against the accused)Philippines against the accused) Complaint or information must stat the nameComplaint or information must stat the name

of the defendant, designation of offense, actsof the defendant, designation of offense, acts

or omissions constiutting the offense, name ofor omissions constiutting the offense, name ofthe offended party, approximate time of thethe offended party, approximate time of thecommission of the offense, and place wherecommission of the offense, and place where

the offebse was committed. If offense wasthe offebse was committed. If offense wascommitted by more than one person, all mustcommitted by more than one person, all mustbe includedbe included


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FORM 4: CRIMINAL CASEFORM 4: CRIMINAL CASEREPUBLIC OF THE PHILIPPINESREPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURTREGIONAL TRIAL COURT

66THTH JUDICIAL REGIONJUDICIAL REGION

Bacolod City, BranchBacolod City, Branch 4242

((Title)Title)

INFORMATIONINFORMATION

(for Murder)(for Murder)

The undersigned accuses Sadam Benladin y Abu, of the crime of Murder,The undersigned accuses Sadam Benladin y Abu, of the crime of Murder,committed as follows:committed as follows:

That on or about April 15, 2002, in the City of Bacolod, Negros Occidental,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 feloniouslyPhilippines, the said accused did then and there willfully , unlawfully and feloniouslywith intent to kill and with treachery and evident premeditation, attack, assault andwith intent to kill and with treachery and evident premeditation, attack, assault anduse personal violence upon one George Arroyo y Estrada, by there and then stabbinguse personal violence upon one George Arroyo y Estrada, by there and then stabbingthe latter two times at the back with the use of a kitchen knife, thereby inflicting uponthe latter two times at the back with the use of a kitchen knife, thereby inflicting uponhim mortal wounds which were direct and immediate cause of his death thereafter.him mortal wounds which were direct and immediate cause of his death thereafter.

Contrary to Law.Contrary to Law.

Assistant FiscalAssistant Fiscal

((Certification of Preliminary InvestigationCertification of Preliminary Investigation))

JURATJURAT


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Witnesses: ----------Witnesses: ----------

CERTIFICATION OF PRELIMINARY INVESTIGATIONCERTIFICATION OF PRELIMINARY INVESTIGATION

II hereby certify that a preliminary investigation in this case hashereby certify that a preliminary investigation in this case has

been conducted in accordance with law; that I have examined thebeen conducted in accordance with law; that I have examined the

complainant and his witnesses and on the basis of the sworn statementscomplainant and his witnesses and on the basis of the sworn statements

and other evidence submitted before me, there is reasonable ground toand other evidence submitted before me, there is reasonable ground to

believe that the offense charges has been committed; that the accused isbelieve that the offense charges has been committed; that the accused isprobably guilty thereof; that the accused was informed of the complaintprobably guilty thereof; that the accused was informed of the complaint

against him and was given an opportunity to submit controverting evidenceagainst him and was given an opportunity to submit controverting evidence

and that the filing of this information was with the authority of the Cityand that the filing of this information was with the authority of the City

Fiscal.Fiscal.

Bacolod City, March 8,2003Bacolod City, March 8,2003Asst. FiscalAsst. Fiscal

Administering OfficerAdministering Officer

(JURAT)(JURAT)

Bail RecommendedBail Recommended

Address of the AccusedAddress of the Accused


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Witnesses:Witnesses:

Certification of InquestCertification of Inquest

I hereby certify that I am filing this case in accordanceI hereby certify that I am filing this case in accordance

with Section 7 of rule 112, Revised Rules on Criminalwith Section 7 of rule 112, Revised Rules on Criminal

Procedure because the accused herein having been lawfullyProcedure because the accused herein having been lawfully

arrested without a warrant of arrest did not ask for preliminaryarrested without a warrant of arrest did not ask for preliminary

investigation nor sign a waiver of the provisions of the Articleinvestigation nor sign a waiver of the provisions of the Article125 of the Revised Penal Code.125 of the Revised Penal Code.

Bacolod City, March 8,2003Bacolod City, March 8,2003

Asst. FiscalAsst. Fiscal

Administering OfficerAdministering Officer

(JURAT)(JURAT)

Bail RecommendedBail Recommended

Address of the AccusedAddress of the Accused


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BRIEF MAKING:TRIAL BRIEFBRIEF MAKING:TRIAL BRIEF

IMPORTANCEIMPORTANCE WHAT IT CONTAINSWHAT IT CONTAINS

-statement of facts-statement of facts

-abstract of the pleadings-abstract of the pleadings-issues raised by the pleadings-issues raised by the pleadings

-facts which plaintiff must prove-facts which plaintiff must prove

-statements of witnesses-statements of witnesses-digest of physical evidence-digest of physical evidence

-Memoranda of Law-Memoranda of Law


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FORM OF TRIAL BRIEFFORM OF TRIAL BRIEF

The FactsThe Facts

- upon which both parties agree- upon which both parties agree

- as your client sees them- as your client sees them

-as your opponent claims-as your opponent claims

Undisputed QuestionsUndisputed Questions

- The principal disputed point i.e., questions- The principal disputed point i.e., questions

and answersand answers

- minor disputed questions and their answers- minor disputed questions and their answers

The Law ApplicableThe Law Applicable

- Constitution, statutes or regulations- Constitution, statutes or regulations- Texts or other authorities- Texts or other authorities

- Decided Cases- Decided Cases

- Summary- Summary


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POINTERS IN THE PRESENTATION OFPOINTERS IN THE PRESENTATION OF

APPEALED CASESAPPEALED CASES

Simplify difficult pointsSimplify difficult points

Arguments should be briefArguments should be brief Clarify the issuesClarify the issues

Argue facts more than the lawArgue facts more than the law

Cite only important CasesCite only important Cases

Avoid exaggerations/misstatementsAvoid exaggerations/misstatements

Present a balanced view of the casePresent a balanced view of the case Make the brief readableMake the brief readable

Avoid appeals to passion and prejudiceAvoid appeals to passion and prejudice

Humor should be indulge in with great careHumor should be indulge in with great care

In argument, do not read from the briefIn argument, do not read from the brief

Support statement of factsSupport statement of facts Avoid undue reference to briefs or recordsAvoid undue reference to briefs or records

Be prepared for questions by judgesBe prepared for questions by judges

Avoid the use of the word supra after a questionAvoid the use of the word supra after a question

Do not employ oratory upon appealsDo not employ oratory upon appeals


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PREPARING A PRE-TRIAL BRIEFPREPARING A PRE-TRIAL BRIEF


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CONTENTS OF PRE-TRIAL BRIEFCONTENTS OF PRE-TRIAL BRIEF

Statement of willingness to settleStatement of willingness to settleamicablyamicably

Facts submitted and proposed forFacts submitted and proposed for

stipulationsstipulations Issues to be resolvedIssues to be resolved List of exhibits to be presentedList of exhibits to be presented

during the trialduring the trial

Resort to discovery proceduresResort to discovery procedures Names of witnesses and substanceNames of witnesses and substance

of their testimonyof their testimony Law and jurisprudenceLaw and jurisprudence Trial DatesTrial Dates


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COMMENT

A LAWYER GOING TO TRIAL MUST HAVE A COMPLETEFACTUAL FILE AND A THOROUGH LEGAL BRIEF. With thispreparation, counsel and client face the battle with confidence. ALAWYER MUST HAVE A THOROUGH DISCOVERY,EXAMINATION AND KNOWLEDGE OF THE FACTS. A completeLegal Brief is essential not only in the courtroom, but also inconferences, hearings, meetings and consultations with clients.

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