RULE 7

PARTS AND CONTENTS OF A PLEADING

Section 1. Caption. — The caption sets forth the name of the court, the title of the
action, and the docket number if assigned. The title of the action indicates the
names of the parties.
They shall all be named in the original complaint or petition; but in subsequent
pleadings, it shall be sufficient if the name of the first party on each side be stated
with an appropriate indication when there are other parties. Their respective
participation in the case shall be indicated. (1)

Section 2. The body. — The body of the pleading sets forth its designation, the
allegations of the party's claims or defenses, the relief prayed for, and the date of
the pleading.

(a) Paragraphs. — The allegations in the body of a pleading shall be divided

into paragraphs so numbered to be readily identified, each of which shall contain a
statement of a single set of circumstances so far as that can be done with
convenience. A paragraph may be referred to by its number in all succeeding
pleadings.

(b) Headings. — When two or more causes of action are joined, the statement of
the first shall be prefaced by the words "first cause of action,'' of the second by
"second cause of action", and so on for the others.

When one or more paragraphs in the answer are addressed to one of

several causes of action in the complaint, they shall be prefaced by the words
"answer to the first cause of action" or "answer to the second cause of action"
and so on; and when one or more paragraphs of the answer are addressed to several
causes of action, they shall be prefaced by words to that effect.

(c) Relief. — The pleading shall specify the relief sought, but it may add a
general prayer for such further or other relief as may be deemed just or equitable.

(d) Date. — Every pleading shall be dated. (4)

Section 3. Signature and address. — (a) Every pleading and other written
submissions to the court must be signed by the party or counsel representing him
or her.
(b) 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:
(1) It is not being presented for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation;
(2) 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;
(3) 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
(4) 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.
(c) 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)

Section 4. Verification. — Except when otherwise specifically required by law

or rule, pleadings need not be under oath or verified.

A pleading is verified by an affidavit of an affiant duly authorized to sign said

verification. The authorization of the affiant to act on behalf of a party, whether in
the form of a secretary’s certificate or a special power of attorney, should be
attached to the pleading, and shall allege the following attestations:
(a) The allegations in the pleading are true and correct based on his or her
personal knowledge, or based on authentic documents;
(b) The pleading is not filed to harass, cause unnecessary delay, or needlessly
increase the cost of litigation; and
(c) The factual allegations therein have evidentiary support or, if specifically so
identified, will likewise have evidentiary support after a reasonable opportunity for
discovery.
The signature of the affiant shall further serve as a certification of the truthfulness
of the allegations in the pleading.

A pleading required to be verified that contains a verification based on

“information and belief,” or upon “knowledge, information and belief,” or lacks a
proper verification, shall be treated as an unsigned pleading. (4a)

Section 5. Certification against forum shopping. — The plaintiff or

principal party shall certify under oath in the complaint or other initiatory pleading
asserting a claim for relief, or in a sworn certification annexed thereto and
simultaneously filed therewith: (a) that he or she has not theretofore 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 or her knowledge, no such other action
or claim 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 or she should thereafter learn that the same or
similar action or claim has been filed or is pending, he or she shall report that fact
within five (5) calendar days therefrom to the court wherein his or her aforesaid
complaint or initiatory pleading has been filed.
The authorization of the affiant to act on behalf of a party, whether in the form of a
secretary’s certificate or a special power of attorney, should be attached to the
pleading.

Failure to comply with the foregoing requirements shall not be curable by mere
amendment of the complaint or other initiatory pleading but shall be cause for the
dismissal of the case without prejudice, unless otherwise provided, upon motion
and after hearing. The submission of a false certification or non-compliance with
any of the undertakings therein shall constitute indirect contempt of court, without
prejudice to the corresponding administrative and criminal actions. If the acts of
the party or his or her counsel clearly constitute willful and deliberate forum
shopping, the same shall be ground for summary dismissal with prejudice and shall
constitute direct contempt, as well as a cause for administrative sanctions. (5a)
Page 6 of 52
Section 6. Contents. — Every pleading stating a party’s claims or defenses shall,
in
addition to those mandated by Section 2, Rule 7, state the following:
(a) Names of witnesses who will be presented to prove a party’s claim or defense;
(b) Summary of the witnesses’ intended testimonies, provided that the judicial
affidavits of said witnesses shall be attached to the pleading and form an integral
part thereof. Only witnesses whose judicial affidavits are attached to the pleading
shall be presented by the parties during trial. Except if a party
presents meritorious reasons as basis for the admission of additional witnesses, no
other witness or affidavit shall be heard or admitted by the court; and
(c) Documentary and object evidence in support of the allegations contained in the
pleading. (n)

RULE 15
MOTIONS
Section 1. Motion defined. – A motion is an application for relief other than by
a pleading. (1)

Section 2. Motions must be in writing. — All motions shall be in writing

except those made in open court or in the course of a hearing or trial. A motion
made in open court or in the course of a hearing or trial should immediately be
resolved in open court, after the adverse party is given the opportunity to argue his
or her opposition thereto.

When a motion is based on facts not appearing on record, the court may hear the
matter on affidavits or depositions presented by the respective parties, but the court
may direct that the matter be heard wholly or partly on oral testimony or
depositions.

Section 3. Contents. – A motion shall state the relief sought to be obtained and
the grounds upon which it is based, and if required by these Rules or necessary to
prove facts alleged therein, shall be accompanied by supporting affidavits and
other papers. (3)

[Section 4. Hearing of motion. — Deleted]

Section 4. Non-litigious motions. — Motions which the court may act upon
without prejudicing the rights of adverse parties are non-litigious motions. These
motions include:
a) Motion for the issuance of an alias summons;
b) Motion for extension to file answer;
c) Motion for postponement;
d) Motion for the issuance of a writ of execution;
e) Motion for the issuance of an alias writ of execution;
f) Motion for the issuance of a writ of possession;
g) Motion for the issuance of an order directing the sheriff to execute the final
certificate of sale; and
h) Other similar motions.
These motions shall not be set for hearing and shall be resolved by the court within
five (5) calendar days from receipt thereof. (n)

Section 5. Litigious motions. — (a) Litigious motions include:

1) Motion for bill of particulars;
2) Motion to dismiss;
3) Motion for new trial;
4) Motion for reconsideration;
5) Motion for execution pending appeal;
6) Motion to amend after a responsive pleading has been filed;
7) Motion to cancel statutory lien;
8) Motion for an order to break in or for a writ of demolition;
9) Motion for intervention;
10) Motion for judgment on the pleadings;
11) Motion for summary judgment;
12) Demurrer to evidence;
13) Motion to declare defendant in default; and
14) Other similar motions.
(b) All motions shall be served by personal service, accredited private courier or
registered mail, or electronic means so as to ensure their receipt by the other party.

(c) The opposing party shall file his or her opposition to a litigious motion within
five (5) calendar days from receipt thereof. No other submissions shall be
considered by the court in the resolution of the motion.
The motion shall be resolved by the court within fifteen (15) calendar days from its
receipt of the opposition thereto, or upon expiration of the period to file such
opposition. (n)
Section. 6. Notice of hearing on litigious motions; discretionary. —
The court may, in the exercise of its discretion, and if deemed necessary for its
resolution, call a hearing on the motion. The notice of hearing shall be addressed to
all parties concerned, and shall specify the time and date of the hearing. (5a)
Section 7. Proof of service necessary. — No written motion shall be acted
upon by the court without proof of service thereof, pursuant to Section 5(b) hereof.
(6a)
Section 8. Motion day. — Except for motions requiring immediate action, where
the court decides to conduct hearing on a litigious motion, the same shall be set on
a Friday. (7a)
Section 9. Omnibus motion. — Subject to the provisions of Section 1 of Rule
9, a motion attacking a pleading, order, judgment, or proceeding shall include all
objections then available, and all objections not so included shall be deemed
waived.

Section 10. Motion for leave. — A motion for leave to file a pleading or motion
shall be accompanied by the pleading or motion sought to be admitted. (9)
Section 11. Form. — The Rules applicable to pleadings shall apply to written
motions so far as concerns caption, designation, signature, and other matters of
form.
(10)
Section. 12. Prohibited motions. — The following motions shall not be
allowed:
(a) Motion to dismiss except on the following grounds:
1) That the court has no jurisdiction over the subject matter of the claim;
2) That there is another action pending between the same parties for the same
cause; and
3) That the cause of action is barred by a prior judgment or by the statute of
limitations;
(b) Motion to hear affirmative defenses;
(c) Motion for reconsideration of the court’s action on the affirmative defenses;
(d) Motion to suspend proceedings without a temporary restraining order or
injunction issued by a higher court;
(e) Motion for extension of time to file pleadings, affidavits or any other papers,
except a motion for extension to file an answer as provided by Section 11,
Rule 11; and
(f) Motion for postponement intended for delay, except if it is based on acts of
God, force majeure or physical inability of the witness to appear and testify.
If the motion is granted based on such exceptions, the moving party shall be
warned that the presentation of its evidence must still be terminated on the
dates previously agreed upon.
A motion for postponement, whether written or oral, shall, at all times, be
accompanied by the original official receipt from the office of the clerk of court
evidencing payment of the postponement fee under Section 21(b), Rule 141, to be
submitted either at the time of the filing of said motion or not later than the next
hearing date. The clerk of court shall not accept the motion unless accompanied by
the original receipt. (n)
Section. 13. Dismissal with prejudice. — Subject to the right of appeal, an
order
granting a motion to dismiss or an affirmative defense that the cause of action is
barred by a prior judgment or by the statute of limitations; that the claim or
demand
set forth in the plaintiff’s pleading has been paid, waived, abandoned or otherwise
extinguished; or that the claim on which the action is founded is unenforceable
under
the provisions of the statute of frauds, shall bar the refiling of the same action or
claim. (5, R16)