Polytechnic University of the Philippines

College of Law

Trial Practice in Philippine Courts

CHAPTER IX: Pleadings: Formal Requirements
CHAPTER X: Depositions and Discovery
By Justice Manuel R. Pamaran

Submitted by:
TAN, Abegail L.
2010-05694-MN-0

Submitted to:
Judge Joselito Villarosa
Practice Court 2

CHAPTER IX: Pleadings: Formal Requirements

Parts of a Pleading (Rule 7)

1. The Caption ( Sec 1 Rule 7)

Contains the
A. Name of the court
1. Instituted to facilitate its identification
2. A formal defect

Correctible by motion

Waived if not objected to

3. Conferred by law
B. Title of the action - Indicates the names of all parties with their respective
participation in the case

Parties should be described by their full and correct names

If suit is brought or defended in representative or fiduciary

capacity, such should be indicated
o Trustee of an express trust
o Guardian
o Executor
o Administrator

Complaint petitioner and defendant

Petition of clear adversary character petitioner and respondent

Ex parte petition In re (name of petitioner)

Real name should be used, if known by a different appellation

Identity or name of defendant is unknown: unknown owner, heir,

devisee or legatee ( or even defendants fictitious name)
o Pleading must be amended once real name is known (Sec.
14 Rule 3)

Alternative Defendants
o When the plaintiff is uncertain against which of certain
persons he is entitled to relief

C. The docket number

1. Assigned by the clerk of court or the docket clerk
2. May be omitted in the complaint
3. Better to include in the caption:

Civil Case No.

Special Civil Action No.

Special Proceedings No.

4. Indicate below the docket or File No. the kind or nature of the action

2. Text or body (Sec. 2 Rule 7) Sets forth the following:

A. Designation of pleading

State the name of the pleading as provided by the Rules or by statute

Designation is not controlling

The Courts may pierce the form and go into substance so that
they may not be misled

B. Allegations of the parties claims or defenses

Shall be divided into paragraphs so numbered as to be readily identified

each of which shall contain a statement of a single set of circumstances

A paragraph may be referred to by its number in all succeeding pleadings

Initial paragraph

Usually spells out the residence and legal capacity of the parties
o Why? to determine whether the venue has been
properly laid

To inform the court where to serve the summons,

notices and other court processes.

shall be in a methodical and logical form , a plain, concise and direct

statement of the mere evidentiary facts (Sec. 1 Rule 8)

Different causes of action may be joined in one complaint but in general,

each must be set out separately from the others

Should be prefaced by the words First cause of Action and so on

or the others. (Sec. 2 (b) Rule 7)

If the action is based on a written document substance of the written

document should be set forth in the complaint and the original or copy
should be attached in the exhibit.

C. The relief prayed for

The request asking for the relief to which the plaintiff thinks himself entitled

Usually appears at the conclusion of a petition or complaint

Part of the complaint but not part of the cause of action

It may serve to show what kind of case the plaintiff supposes he had made
and the kind of relief to which he conceives himself to be entitled, and
indicate the object which he seeks to accomplish

DOES NOT determine the relief to which the pleader is entitled determined
by the BODY OF THE COMPLAINT

It is the better practice for the pleader to indicate in the complaint the
specific relief sought
o This is applicable in cases when there is doubt as to the nature of the
action

If the complainant is not certain as to the specific relief to which he is

entitled, may frame his prayer in the alternative
o If one kind of relief is denied, another may be granted, the relief of
each kind being consistent with the case may be made by the
complaint
o The mere fact that multiple relief is sought does not necessarily
constitute more than one cause of action nor render the complaint

obnoxious to the objection that it joins several causes of action

without separately stating them.

Plaintiff may pray for a general relief

o prays for such other and further relief as (to) the Court may appear
just and equitable (Sec. 3 Rule 6)
o A prayer broad and comprehensive enough to justify the extension of
a remedy different from or together with the relief prayed for.

Should be avoided
o Overstated claim

An amount or character that tends to exacerbate the

animosity existing between the parties

Ives an impression that the lawyer or his client is avaricious

May adversely affect the plaintiffs chance of obtaining a

favorable decision

o Understated claim

Fails to do justice to the client

Projects the idea that the claim is frivolous and that the
plaintiff is not really that serious in obtaining a relief therefor.

D. Date of pleading - Every pleading should be dated (Sec. 2 (c) Rule 7)

3. Signature and address (Sec. 3)

Every pleading must be signed by the party or counsel representing him,

stating in either case his address which should not be a post office box. (Sec.
3 Rule 7)

Signature of the counsel

o Constitutes a certificate by him that he has read the pleading; that to
the bet of his knowledge, information and belief there is good ground
to support it; and that it is not interposed for delay.

An unsigned pleading produces no legal effects

In ever pleading the counsel has to indicate:

1. Professional Tax Receipt (PTR)
2. IBP receipt
3. Roll Number

4. Verification (Sec. 4)

A statement under oath, that the pleading is true

To insure good faith and veracity in the material averments

Verification is unnecessary where the statute so provides

5. Certification against Forum Shopping (Sec. 5)

Certification under oath in the complaint or other initiatory pleading asserting a

claim for relied, or in a sworn certification annexed thereto and simultaneously
filed therewith:
(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 action or claim is pending there in;
(b) If there is such other pending action or claim, a complete statement off
the present status thereof; and
(c) If he should thereafter learn that the same or similar action or claim has
been filed or is pending, he shall report the fact within five (5) days
therefrom to the court wherein his aforesaid complaint or initiatory
pleading has been filed.

Failure to comply shall not be curable by mere amendment but shall be cause for
dismissal

Submission of false certification shall constitute indirect contempt of court

6. Other requirements: Prior recourse to barangay conciliation

Required by law in actions within the jurisdictional ambit of the Barangay Lupron

Facts regarding recourse to barangay conciliation must be averred by the pleader

in his complaint
i. That before the filing of the action in court, the grievance was brought by
the plaintiff before the barangay court for conciliation
ii. That no settlement was reached by the parties therein; and
iii. That, as proof of the foregoing averments, the plaintiff is appending the
certification of Lupron Chairman concerned.

CHAPTER X: Depositions and Discovery

Modes of Discovery
Discovery the disclosure by a party litigant of facts, deeds, documents or other things which
are in his exclusive knowledge, control or possession and which are necessary to the party
seeking discovery as a part of a cause of action pending or as evidence of his title or rights in
such proceedings.
Modes:
A. Depositions

Limited to the testimony of a witness, taken in writing, in advance of trial, under

oath before some judicial officers in answer to interrogatories, oral or written.
Permissible only after court has acquired jurisdiction over the person of the
defendant or over the property subject-matter of the action
The matter of allowing the moving party to take a persons deposition or not is
addressed to the sound discretion of the court, and may not be demanded as
matter of right
1. Oral Examination
a. Notice to adverse party
A party desiring to take the deposition of any person upon oral
examination is required to give reasonable notice in writing to every
party to the action.
Reasonable notice has been construed to import reasonable
opportunity to conform
- such length of time as may properly and reasonably be allowed
or required, with regard as being given to distance of travel and
the customary means thereof,, to time for preparation, and to
convenience and prior engagements of counsel and witnesses
Intended to be one of the safeguards for the protection of the parties
and deponents

b. Scope of examination
Unless otherwise ordered by the court, deponent may be examined
regarding any matter, not privileged, which is relevant to the subject
of the pending action, whether relating to the claim or defense of any
other party, including the existence, description, nature, custody,
condition and location of any books, documents or other tangible
things, and the identity and location of persons having knowledge of
relevant facts. (Sec. 2 Rule 23)
The standard which must govern at the taking of the deposition s
whether there is reasonable probability that the matter will be
admissible under the pleadings and issues as they exist at the time of
the taking.
The examination of the deponent is conducted in the same manner as
if he were being examined as a witness in court: the examination and
cross examination of thee deponents may proceed as permitted at
the trial under Rule 132 Sections 3 to 10, 12, 13 and 19, Rules of Court
(Sec 3, Rule 23)
The deprivation of the right to cross-examination, by lack of notice or
otherwise, renders a deposition vulnerable to a motion to suppress it.
c. Before whom deposition may be taken
Within the Philippines
o Judge
o Municipal Judge
o Notary public
* Provided that he is not a relative within the 6th degree of
consanguinity or affinity, or employee or attorney of any of
the parties within the same degree or employee of such
attorney, or one financially interested in the action.

o If the parties stipulate in writing, deposition may be taken

before any person authorized to administer oaths.
In a foreign state or country
o On notice before a secretary of embassy or legation, consulgeneral, consul, vice-consul, or consular agent of the Republic
of the Philippines
o Before such person or officer as may be appointed by
commission or letters rogatory
o Commission of letters rogatory is issued only when
necessary and convenient, on application and notice
and on such terms and with such directions that are
just and appropriate
o Officers may be designated by name or descriptive title
o Issuance of Commission - The rules of procedure are
established by the court issuing the commission and are
entirely under its control
o Letters Rogatory the methods of procedure must be
altogether under the control of the foreign tribunal which is
appealed to for the assistance in the administration of justice.
d. Effect of taking and use of depositions
A party is not deemed to have made a person his own witness for any
person by taking his deposition, for the deposition might have been
so taken only for the purposes of discovery.
General Rule: A deposition is not generally supposed to be a
substitute for the actual testimony in open court of a party or
witness. If the witness is available to testify, he should be presented
in court to testify. If available to testify, a partys or witness
deposition is inadmissible in evidence for being hearsay.
Exception: [Rule 23, Section 4]

o Any deposition may be used by any party for the purpose of

contradicting or impeaching the testimony of deponent as a
witness;
o The deposition of a party or of any one who at the time of
taking the deposition was an officer, director, or managing
agent of a public or private corporation, partnership, or
association which is a party may be used by an adverse party
for any purpose;
o The deposition of a witness, whether or not a party, may be
used by any party for any purpose if the court finds:
-

that the witness is dead; or

that the witness resides at a distance more than one

hundred (100) kilometers from the place of trial or
hearing, or is out of the Philippines, unless it appears
that his absence was procured by the party offering the
deposition; or

that the witness is unable to attend to testify because of

age, sickness, infirmity, or imprisonment; or

that the party offering the deposition has been unable to

procure the attendance of the witness by subpoena; or

upon application and notice, that such exceptional

circumstances exist as to make it desirable, in the
interest of justice and with due regard to the importance
of presenting the testimony of witnesses orally in open
court, to allow the deposition to be used; and

o If only part of a deposition is offered in evidence by a party,

the adverse party may require him to introduce all of it which
is relevant to the part introduced, and any party may
introduce any other parts.

2. Deposition upon written interrogatories

A deposition need not be conducted through an oral examination. It may be

conducted through written interrogatories which shall be served upon every
other party.

The party served may also serve cross interrogatories upon the party
proposing to take the deposition within 10 days from service of the written
interrogatories. The latter may, within 5 days serve re-direct interrogatories
and within 3 days the other party may serve re-cross interrogatories [Rule 23,
Sec. 25]

Copies of all these interrogatories shall be delivered to the officer before

whom the deposition is taken and who shall take the responses and prepare
the record. [Rule 23, Sec. 26]

B. Interrogatories to parties

Purpose
This mode of discovery is availed of by the party to the action for the purpose of
eliciting material and relevant facts from any of the adverse party. [Rule 25, Sec. 1]

Procedure
o By leave of court after jurisdiction has been obtained over any defendant or

after an answer has been served, any party desiring to elicit material and
relevant facts from any adverse parties shall file and serve upon the latter
written interrogatories to be answered by the party served, or if the party
served is a public or private corporation or a partnership or association, by
any officer thereof competent to testify in its behalf.
o NOTE: Interrogatories under RULE 25 are served directly upon the adverse
party unlike written interrogatories under RULE 23 which are delivered to
the officer before whom the deposition is to be taken.

Answer
o The interrogatories shall be ANSWERED FULLY IN WRITING and shall be
SIGNED AND SWORN TO BY THE PERSON MAKING THEM.
o The party upon whom the interrogatories have been served shall file and
serve a copy of the answers on the party submitting the interrogatories
within fifteen (15) days after service thereof unless the court on motion and
for good cause shown, extends or shortens the time. [Rule 25, Sec. 2]

Effect of objections to interrogatories

o When objections to any interrogatories is presented to the court within 10
days after service thereof, with notice as in case of a motion, the answer
shall be deferred until the objections are resolved [Rule 25, Sec. 3]

Number of interrogatories
o No party may, without leave of court, serve more than one set of
interrogatories to be answered by the same party. [Rule 23, Sec. 4]

C. Admission by adverse party

Purpose
o To allow one party to request the adverse in writing to admit certain
material and relevant matters which most likely will not be disputed
during the trial.
o To avoid unnecessary inconvenience to the parties in going through the
rigors of proof, before the trial, a party may request the other to: - admit
the genuineness of any material and relevant document described in and
exhibited with the request; or - admit the truth of any material and
relevant matter of fact set forth in the request [Rule 26, Sec. 1]

EACH OF THE MATTERS OF WHICH AN ADMISSION IS REQUESTED SHALL BE

DEEMED ADMITTED unless,
o within a period designated in the request, which shall not be less than 15
days after service thereof, or within such further time as the court may
allow on motion,
o

the party to whom the request is directed files and serves upon the party
requesting the admission a SWORN STATEMENT either - denying
specifically the matters of which an admission is requested, or

o Setting forth in detail the reasons why he cannot truthfully either admit
or deny those matters.

Deferment of compliance
o To avoid the implied admission, the party requested may have the
compliance of the filing and service of the sworn statement be deferred
by filing with court objections to the request for admission.
o Compliance shall be deferred until such objections are resolved by the
court. [Rule 26, Sec. 2 par. 2]

D. Production or Inspection of Things

What the court may order

To PRODUCE and PERMIT THE INSPECTION and copying or
photographing, by or on behalf of the moving party, of any documents,
papers, books, accounts, letters, photographs, objects or tangible things,
not privileged, which constitute or contain evidence material to any
matter involved in the action and which are in the possession, custody or
control of the party to whom the order is addressed.
To PERMIT ENTRY upon designated land or other property in the position
or control of the party to whom the order is addressed for the purpose of
inspecting, measuring, surveying, or photographing the property or any
designated relevant object or operation thereon. [Rule 27, Sec. 1]

E. Physical and mental examination of persons

Requisites
i. The physical or mental condition of a party (NOT A WITNESS!) is in
controversy
ii. Motion must be filed showing good cause
iii. Notice given to the party to be examined and to all other parties
iv. Notice must specify the time, place, manner, conditions and scope of
examination
v. Notice must also specify person/s who will make the examination

SOURCE:
Trial Practice in Philippine Courts by Justice Manuel R. Pamaran