2. Parts and Contents (Rule 7)

Contents of Summons

• Name of the court & names of the parties to the action;
• Direction that defendant answer within the time fixed by these Rules; and
• Notice that unless the defendant so answers, plaintiff will take judgment by default and may be granted the relief applied for.

NOTE: A copy of the complaint and order for appointment of guardian ad litem if any shall be attached to the original and each copy of the summons.

Contents of petition

• The petition must be verified;
• It must be accompanied with affidavits showing the grounds relied upon; and
• The facts constituting the petitioner’s good and substantial cause of action or defense (AFFIDAVIT OF MERIT).

Note: A separate affidavit is NOT necessary if such facts are alleged in the verified petition. (Feria and Noche, Civil Procedure Annotated, Vol. 2, 2013 Ed., p. 117, citing Fabar Incorporated v. Rodelas, G.R. No. L-46394 (1977), and Samonte v. S.F. Naguiat, G.R. No. 165544, 2009))

CAPTION

The caption contains the following:

• The name of the court;
• The title of the action; and
• The docket number, if assigned. (Rule 7, Sec. 1)

Body

The body sets forth:

• Its designation;
• The allegation of the party’s claims and defenses;
• The reliefs prayed for; and
• The date of the pleading. (Rule 7, Sec. 2)

Even without the prayer for a specific remedy, proper relief may be granted by the court if the facts alleged in the complaint and the evidence introduced so warrant. The prayer in the complaint for other reliefs equitable and just in the premises justifies the grant of a relief not otherwise specifically prayed for. (Prince Transport v. Garcia, G.R. No. 167291, 2011)

SIGNATURE AND ADDRESS

The complaint must be signed by the plaintiff OR counsel representing him/her indicating his/her address.

Insufficiency in form and substance, as a ground for dismissal of the complaint, should not be based on the title or caption, especially when the allegations of the pleading support an action. (Sps. Munsalud v. NHA, G.R. No. 167181, 2008)

An UNSIGNED PLEADING produces NO LEGAL EFFECT. The court is authorized, however, 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 the mere inadvertence and not to delay the proceedings. (Rule 7, Sec. 3)

EFFECT OF THE SIGNATURE OF COUNSEL IN A PLEADING

The signature of counsel constitutes a certificate by him or her that he or she has read the pleading and document; that to the best of his or her knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

• It is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
• The claims, defenses, and other legal contentions are warranted by existing law or jurisprudence, or by a non-frivolous argument for extending, modifying, or reversing existing jurisprudence;
• The factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after availment of the modes of discovery under these rules; and
• The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

If the court determines, on motion or motu proprio and after notice and hearing, that this rule has been violated, it may impose an appropriate sanction or refer such violation to the proper office for disciplinary action, on any attorney, law firm, or party that violated the rule, or is responsible for the violation. Absent exceptional circumstances, a law firm shall be held jointly and severally liable for a violation committed by its partner, associate, or employee. The sanction may include, but shall not be limited to, non-monetary directive or sanction; an order to pay a penalty in court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney’s fees and other expenses directly resulting from the violation, including attorney’s fees for the filing of the motion for sanction. The lawyer or law firm cannot pass on the monetary penalty to the client. (3a) (Rule 7, sec. 2) – new

(2) FRAUD, MISTAKE, MALICE, INTENT, KNOWLEDGE AND OTHER CONDITION OF THE MIND, JUDGMENTS, OFFICIAL DOCUMENTS, AND ACTS

In averments of fraud or mistake, the circumstances constituting such fraud or mistake must be stated with PARTICULARITY. Malice, intent, knowledge or other conditions of the mind of a person may be averred GENERALLY. (Rule 8, Sec. 5)

In pleading a judgment, it is sufficient to aver the judgment or decision without alleging matters showing the jurisdiction to render judgment or decision. (Rule 8, Sec. 6)

In pleading a document or an act, it is sufficient to aver that the document or act was issued or done in compliance with law. (Rule 8, Sec. 9)

Facts that must be averred particularly

Circumstances showing FRAUD or MISTAKE in all averments of fraud or mistake. (Sec. 5)