Legal Forms Report

8/13/2019 Legal Forms Report

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Complaint Alleging DifferentCauses of Action


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Complaint

- is the pleading alleging theplaintiffscause or causes of action. Thenames and residences of the plaintiffand defendant must be stated in the

complaint (Rule 6, Sec. 3 );

- as a concise statement of the

ultimate facts constituting the plaintiffscause or causes of action.


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Essential Elements of a Good

Complaint:1. Legal right of the plaintiff;2. The correlative obligation of

the defendant;3. The act or omission of the

defendant in violation of thesaid legal right ;

4. The injury or damage caused

thereby to plaintiff.


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Cause of Action

- A cause of action is the act oromission by which a party violates aright of another. (Rule 2, Sec. 2 ROC)

Ultimate Facts

- essential facts constituting plaintiff

cause of action.


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Pleading

- are the written statements of the

respective claims and defenses of the partiessubmitted to the court for appropriate

judgment. (Rule 6, Sec. 1 )

Kinds of Pleadings:1. Complaint2. Counterclaim3. Cross-claim4. Third-party complaint5. Complaint intervention6. Answer

7. Reply


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Parts of Pleading

1. Caption2. The Body

a. Paragraphsb. Headingsc. Reliefd. Date

3. Signature and Address

4. Verification5. Certification against forum shopping


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1. Caption

The caption sets forth the

name of the court , the title ofthe action, and the docketnumber if assigned. (Rule 7,

Sec. 1)


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Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURTBranch 1, Manila

Delfin Padilla,Plaintiff, Civil Case No.

_____

-versus-

Jose del Rosario,Defendant.


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2. The Body

The body of the pleading sets

forth its designation, theallegation of the partys claimsand defenses, the relief prayed

for, and the date o thepleading. (Rule 7, Sec. 2)


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A. Paragraphs

The allegations in the body of apleading shall divided intoparagraphs so numbered as to be

readily identified, each of whichshall contain a statement of asingle set of circumstances so faras that can be done withconvenience. A paragraph maybe referred to by its number in allsucceeding pleadings (Rule 7,

Sec. 2, par. A)


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B. Headings

When two or more causes ofaction are joined the statement

of the first shall be prefaced bythe words "first cause of

action,'' of the second by"second cause of action", andso on for the others.


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When one or more paragraphsin the answer are addressed toone of several causes of action inthe complaint, they shall beprefaced by the words "answer to

the first cause of action" or"answer to the second cause ofaction" and so on; and when oneor more paragraphs of the answerare addressed to several causes ofaction, they shall be prefaced bywords to that effect. (Rule 7, Sec.

2, par. B)


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C. Relief

The pleading shall specify

the relief sought, but it mayadd a general prayer for suchfurther or other relief as may

be deemed just or equitable.(Rule 7, Sec. 2, par. C)


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D. Date

Every pleading shall be

dated.. (Rule 7, Sec. 2, par. D)


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2. The Body (Complaint alleging differentcauses of action)

PLAINTIFF Delfin Padilla, by undersignedcounsel and to this Honorable Court,respectfully states:

ALLEGATION COMMON TO ALL CAUSE OFACTION

1. Plaintiff is of legal age, married, and withresidence at Real St., Sampaloc, Manila, while

defendant Jose del Rosario is also of legal age,single ad with residence at 26 Maria Clara St.,Sampaloc, Manila, where he may served withsummons and other legal processes.


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2. Plaintiff and defendant are business partners,loosely doing business under the informal name,

ABC Partnership, which is not registered assuch, with offices at Real St., Sta. Cruz, Manila,engaged in general merchandising, withdefendant as manager and cashier.

3. Plaintiff and defendant contributed P1,000,000.00 each or a total of P 2,000,000.00to carry on their business of generalmerchandising, agreeing to divide the profits

between them on a 50-50 basis, and said totalamount was entrusted to defendant for suchpurpose, with an obligation to make yearlyaccounting.


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SECOND CAUSE OF ACTION

7. Plaintiff repleads all the foregoingallegations as if copied in full herein.

8. Plaintiffs examination of the businessrecords disclosed that defendant hadappropriated upon himself, without theknowledge, much less consent of plaintiff,the exorbitant amount of P 100,000.00allowances and representation expenses per

month beginning January 2004, to plaintiffsprejudice and damage, as he has not beenpaid nor given any allowance andrepresentation expense.


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THIRD CAUSE OF ACTION

9. Plaintiff repleads all the foregoingallegations as if copied in full herein.

10. Investigations reveals that defendant

bought a parcel of land, using money of theirbusiness venture in the amount of P3,000,000.00, and registered the samesolely in his name, marking it appear thatsaid parcel of land is his own property andnot that of the two of them, to plaintiffsprejudice.


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11. Notwithstanding demands, defendant

refused and continues to refuse to reconveysaid parcel of land in plaintiffs anddefendants name, as joint owner, or tosubdivide the same, by conveying one-half

to plaintiff and the other half to defendant,to plaintiffsprejudice and damage.

12. The said parcel of land subject matter ofthis third cause of action has an assessedvalue of P 2,500.00.


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ALTERNATIVE CAUSE OF ACTION

13. Plaintiff repleads all the foregoing allegationas if copied in full therein.

14. Assuming, arguendo, that the said parcel of

land could no longer be subdivided into two andthe other half given to plaintiff, for any reasonwhatsoever, as when a purchaser in good faithof such parcel land had purchased the same andtitle thereof transferred to such third person

purchaser, defendant should be made liable forP 1,500,000.00, with legal interest thereon, infavor of plaintiff for breach of trust obligationsand unjustly enriching himself at the expense of

plaintiff.


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FOURTH CAUSE OF ACTION

15. Plaintiff repleads all the foregoingallegation as if copied in full therein.

16. As a consequence of defendants

unlawful acts and omissions, to plaintiffsprejudice, plaintiff was constrained to securethe services or counsel to protect hisinterests and to file the instant action, and tospend litigation expenses, all in the totalamount of P 500,000.00, which should beassessed against defendant.


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PRAYER

WHEREFORE, all premises considered,plaintiff respectfully prays for judgment:

A. Under the First Cause of Action, ordering

defendant to render a complete accountingof the business venture of plaintiff anddefendant doing general businessmerchandising under the name of ABCPartnership


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B. Under the Second Cause of Action,holding defendant liable for P 2, 400,000.00,

which he unlawful appropriated for himselffor two years being January 2003, with legalinterest thereon until full paid.

C. Under the Third Cause of Action, orderingdefendant to recovery and subdivide theparcel of land covered by TCT No. 2345 ofthe Registry of Deeds of Manila, and toexecute the required document for transferand registration of one-half thereof toplaintiff, all at defendants cost and

expenses;


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D. Under the Alternative Cause of Action, inthe event reconveyance and transfer of one-

half interest in the parcel of land covered byTCT No. 2345 cannot be done, for anyreason whatsoever ordering defendant topay plaintiff the sum of P 1,500,000.00, with

legal interest thereon until fully paid;

E. Under the Fourth Cause of Action,ordering defendant to pay plaintiff theamount of P 500,000.00 as attorneys feesand expenses of litigation;


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3. Signature & Addresses:Every pleading must be signed by the

party or counsel representing him, stating ineither case his address which should not be apost office box.(Rule 7, Sec. 3)

The signature of counsel constitutes acertificate by him that he has read the

pleading; that to the best of his knowledge,information, and belief there is good groundto support it; and that it is not interposed fordelay.


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3. Signature & Addresses: (JURATSample)

SUBSCRIBED AND SWORN TO before me in the City_________ on this day of _________, affiant exhibitingbefore me his community tax certificate no. ______issued on ________ at __________.

(Sgd) N.O. TARIONotary Public for the Province/City ofAddressAppointment No. _____Until______Roll of Attorney No. ______PTR No. ______;IBP No. ______;

MCLE Compliance No. ________

Doc. No.Page No.Book No.Series of ____


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4. Verification

Except when otherwise specifically requiredby law or rule, pleadings need not be underoath, verified or accompanied by affidavit.

A pleading is verified by an affidavit that the

affiant has read the pleading and that theallegations therein are true and correct of hispersonal knowledge or based on authenticrecords.

A pleading required to be verified whichcontains a verification based on information andbelief, or upon knowledge, information andbelief, or lacks a proper verification, shall betreated as an unsigned pleading. (Rule 7, Sec. 4)


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4. Verification (Sample)

VERIFICATION

Republic of the Philippines )City of __________ )S.S.

____________, after having been duly sworn in

accordance with the law, deposes and states that:1. He is the plaintiff in the pleading / documententitled (Pleading/document being verified).

2. He has caused its preparation3. He has read it and the allegations therein are

true and correct of his own knowledge or basedon authentic records.

(Sgd.) Plaintiff

JURAT


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5. Certificate Against Forum Shopping

The plaintiff or principal party shall certify under

oath in the complaint or other initiatory pleadingasserting a claim for relief, or in a sworn certificationannexed thereto and simultaneously filed therewith:

(a) that he has not theretofore commenced any

action or filed any claim involving the same issues inany court, tribunal or quasi-judicial agency and, tothe best of his knowledge, no such other action orclaim is pending therein;

(b) if there is such other pending action or claim,a complete statement of 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, heshall report that fact within five (5) days therefrom tothe court wherein his aforesaid complaint or initiatory

pleading has been filed. (Rule 7, Sec. 5)


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4. Certificate against Forum Shopping

Certification against Forum Shopping

Republic of the Philippines )City of __________ )S.S.

____________, after having been duly sworn in accordancewith the law, deposes and states that:

1. He is the plaintiff in the case entitled (Title of the case);2. He certifies that has not commenced any action or filed

any claim involving the same issues before any other court,tribunal or quasi-judicial agency;

3. To the best of his knowledge, there is no such pendingaction or claim;

4. If he should learn that a similar action or claim has beenfiled or is pending he shall report such fact within five (5) daysfrom the discovery to this Honorable Court.

(Sgd.) Plaintiff

JURAT


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LEGAL FORM NO. 67

Answer with Negative and AffirmativeDefenses


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Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURTBranch 40, Manila

Delfin Padilla,

Plaintiff,

Civil Case No._____

-versus-

Jose del Rosario,

Defendant.


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DEFENDANTS ANSWER TO COMPLAINT

Defendant Jose Del Rosario, by counsel

and to this Honorable Court respectfullyresponds to the complaint filed by Delfin Padillaand admits, denies and alleges as follows:

1. Defendant admits the portion of par. 1 of the

complaint regarding the names, residences andstatus of the defendant, but denies the restthereof, for lack of knowledge sufficient to forma belief as to the truth thereof.

2. Referring to paragraph 2, defendant admitsthat the defendant is engage in the generalmerchandising business but denies theexistence of the partnership as alleged.


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3. In referring to paragraph 3,defendant admits that he borrows

P1,000,000.00 from the plaintiff aspart of the capital of the generalmerchandising business but denies the

rest of the allegations thereof.

4. Defendant admits that the businessgrew but denies the rest of the

allegations for lack of knowledgesufficient to form a belief as to thetruth thereof.


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ANSWER TO FIRST CAUSE OFACTION

5. Referring to paragraphs 5 and 6,defendant admits that he refused to

make an accounting of the businesssince the plaintiff has no personality toask for it since he is only a creditor ofthe business and the borrowed money

has long been paid along with theinterest.


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ANSWER TO THIRD CAUSE OFACTION

8. In reference to paragraph 9, defendantincorporates the foregoing admissions,denials and allegations as if copied in full

therein.

9. Referring to paragraph 10, defendant

admits the purchase of the parcel of landin his own name as part of the expansionprogram of the business but denies therest of the allegations thereof.

.


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10. Referring to paragraph 11,defendant cannot reconvey said parcel

of land to the plaintiff because thedefendant buys the said parcel of landusing his own money and as such the

defendant becomes the only soleowner.

11. Referring to paragraph 12,

defendant denies the allegation forlack of knowledge sufficient to form abelief as to the truth thereof.


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ANSWER TO FOURTH CAUSE OF

ACTION

12. Defendants incorporates the

foregoing admissions, denials andallegations as if copied in full therein.

13. The defendant denies the

allegations thereof.


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AFFIRMATIVE DEFENSES

14. The complaint and each purportedcause of action alleged therein, fails to

state facts sufficient to constitute acause of action against the defendant.


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PRAYER

WHEREFORE, all premises considered, defendant

respectfully prays that the complaint be dismissed forlack of merit, with costs against the plaintiff.

Defendant further prays for such other reliefs asmay be just and equitable in the premises.

Manila, January 4, 2013.

JUAN DELA CRUZCounsel for Jose del RosarioAddress: Sta. Cruz, Manila

Roll no. 91705IBP No. 200287, issued onJanuary 3, 2013 at ManilaPTR No. 87934 issued onJanuary 02, 2013 at Manila


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VERIFICATION

Defendant, of legal age, after having been dulysworn, deposes and says:

That he has caused the preparation of theforegoing answer with defenses, and the allegations

therein are true and correct of his personal knowledgeand/or based on authentic records.

Executed this 04thday of January 2013 at Manila.

JOSE DEL ROSARIODefendant/Affiant


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SUBSCRIBED AND SWORN to before me, a notary

public in and for this 07th day of January 2013 atManila, Philippines, affiant appearing before me his

CTC No. 1234567 issued on January 02, 2013 at Cityof Manila and presenting to me a document entitledANSWER, affiant being known to me personally as he isan acquaintance and who signed said document in mypresence and sworn as to said document that heunderstood the contents thereof and that the same

was his free and voluntary act and deed.

Notary PublicUntil December 31, 2013

Doc. No.Page No.Book No.Series of 2013


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THANK YOU

and GOD

BLESSEVERYONE.

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