hi for today's video we are going to focus on the parts of a pleading so these include captions body signature and address and the corresponding elements such as mcle ibp numbers verification which is commonly asked so bar exams certification against Forum Shopping which is also commonly asked additional contents and other requirements so let's start with caption okay so I've highlighted here three main areas under or with red boxes so can you identify what are the names of these um parts of a caption okay so over all this is the caption but these are subc components so at the top what what do you call this and then at the lower uh at the six digital region for example what is the basis for this can you guess and at the lower left what do you call this and of course at the lower right what do you call this okay so let's identify them one by one so as the caption okay it is the part of the pleading which sets forth what so at the top we call this the name of the Court okay Republic of the Philippines sixth judicial region Regional trial court bakod City so this is the name of the Court the RTC of B City and that is under the Republic of the Philippines sixth judicial region so what is the basis of the number six or the the ordinate number here six the basis here is provided for under bp1 129 section 13 you will see later on what are the other judicial regions in the Philippines so next an lower left Mr X versus Mr y i defendant so this is called what the title of the action so the title of the action is because the case will be called by that name so usually if you're familiar with the case it's called people of the Philippines versus aroyo okay uh Tanada versus TOA okay uh what else uh Estrada versus uh I mean city of Manila versus mayor limb okay so title of the case it it uh it is composed of the parties of the case next at the lower right we call this the docket number if a sign so what are the judicial regions so I just took this in Wikipedia okay so just take note of that so these are there are 12 Judicial regions in the Philippines okay so if you belong for example in davo so you belong to the 11th judicial region if you are in the uh in Metro Manila so you belong in the national capital region so obviously this somehow reflects our regions no but as of the moment of this recording our region region 6 or Western visayas has I mean our Province Negros ocidental has now uh uh reclassified into the Negros Island region so I don't know if it will affect the judicial regions but so far uh Western visas no longer includes Negros ental okay well uh yeah so Western visas I don't know what it's called now the other name since Western visas before includes Negros ental so anyway that's another subject of another video so how shall parties be named in the title of the pleading so there's a rule as well so in the original complaint all must be named but in the subsequent pleadings such as appeal okay it it is enough that the fir the name of the first party shall be indicated with an appropriate indication that there are other parties usually it's called at Al okay at Al the respective participation shall be indicated such as for example um defendant and then as well we can also complainant in intervention okay so let's go now to the biggest usually the biggest part of a pleading and that is the body just like a letter just like any other document the body is one of the most important parts because it's where the substance of a pleading is contained what are the matters contained in the body of the pleading so first it's designation what is it called called is it a complaint is it a uh is it an answer is it a is it a reply so you can uh look at my other video regarding the kinds of pleadings so the allegations of the party's claims or defenses okay so if it's a complaint then you put the claims so if it is an answer you then you put the defenses and then the relief prayed for prayed for so a a pleading must always contain a prayer right submitted to the court for appropriate judgment or you can also say uh for whatever just and Equitable reliefs therein you can put there and then the date of the pleading this is expressly provided for by the rules a pleading must be dated otherwise it can be considered as a scrap of paper so how will the allegations be asserted so the allegations of the party's claims for defenses because the definition of a pleading is a written statement so first it must be written okay obviously and then it must be or they must be numbered par uh they must be numbered paragraphs or must be placed into numbered paragraphs for clarity and easy ident easy identification or reference so the obvious reason is that so that when you argue before the court when you have or uh when you have uh for example uh direct examination or cross examination you can easily refer to the pleadings by their number so you say you said in paragraph 16 you said in paragraph 10 so that is for easy identification or reference number two each paragraph should contain a statement about one single set of circumstances this means that as much as possible each paragraph should focus on one idea or event so it must have a logical singular it must be a singular logical unit so thoughts topics in one paragraph so the reason is still the same so that during the trial you can easily reference such paragraphs to the other party and that there will uh we can avoid confusion so a paragraph may be referred to by its number in all succeeding bading so impliedly numberings paragraph if that's the case Okay this determines the nature of the case the not the caption so the it is really the body that determines the nature of the case and not the ones that is above for example the docket number it's not it's really the body of the of the uh pleading all right so how about if there is failure to number the paragraphs is there a penalty for that no the rules does not provide explicit punishment for failure to number the paragraphs nor it just it does not justify its dismissal case dismiss judge case number your paragraphs but the court said no it's not there's no explicit uh Rule now that's a ground for dismissal so when two or more actions are joined in a pleading so uh this could be like a rejoiner and then there are multiple causes of action so it must be indicated there first cause of action and then paragraph paragraph paragraph and second cause of action okay and again a cause of action is when there is a right violated or a wrong that is being prevented same same as the answer answer that clear answer is to the first action and this second answer is towards the second cause of action all right so put it visually Parts pleading or body of the pleading so body is already a part of a pleading and these are the subp parts of the part so parts body so as we have said Kina it's designation so this is usually found at the top so designation can be complaint uh answer reply or rejoiner or uh yeah rejoiner and then we can find here the paragraph number numbered paragraphs which contain a single unit single logical unit of thought okay which sets forth the circumstances of the claims or defenses so if you are the complainant you set forth the set the circumstances of your complaint okay so your identity your circumstances your personal circumstances your uh your allegations okay your claims and then if you are the defendant so you set forth your answer your defenses each numbered paragraph shall contain a single set or single logical unit of circum ances so again claims and defenses and below this we can find or we should find the relief prayed for so how should the relief be stated it should specify the relief being sought and then it may add the general prayer for such further or other relief as may be deemed just or Equitable okay but why is it why is this very important because can the court Grant a relief not stated sorry can a court Grant a relief that is not stated in the pleading so you tanong is can the court Grant a relief the answer is no the court will only Grant relief that was asked okay the due process consideration is the primary element so adverse party aware notifi claims the opposing party may be given or must be given the opportunity opportunity to hear the relief sought to prevent surprise to the defendant so the rationale for for this is that when you make a complaint or a uh a claim you must also pray ask for a relief okay so that's why they say lawyers always pray they are always prayerful because after you complain you ask for Relief so same then Rel religious relationship with let's say God no or with our with our with our uh Faith We complain with our injustices in life we complain with our sufferings and pain but at the end of the day we Supply okay the parts of the prayer adoration confession Thanksgiving and supplication so yes we say Lord please please give me this please grant me this by your grace and by your mercy so that's the same with a pleading you plead okay you complain first and you ask for Relief same as you if you're a defendant you defend yourself you put up your defenses but you also pray but you can put this phrase when you say that the court May Grant reliefs that are just and Equitable so that's a general prayer which justifies or or which is sufficient for the court to Grant other reliefs that you have not specified in your prayer okay so always make sure if you're a lawyer or if you're if you're a new lawyer or of a student when you become a a lawyer put this prayer General prayer that the court will grant other reliefs just and Equitable considering your case all right so let's now go to the next part the signature and address okay so the signature address contains what the signature of the council this is required for every pleading or written submission to the court because this has always been asked required a signature and address of the lawyer yes so how does it look like if you look at pleadings there's always lawyer signature below okay so what is the template first is the law office name if there's a firm and then the council and then the address of the law firm yeah so again Law Firm Council for the name of the plaintiff or the defendant and then the address okay by and that the lawyer that handles the case the specific name of the lawyer the ibp number the PTR number the role the role of attorneys number MCL and the telephone number the contact uh details of that lawyer I usually classify this into the Supreme Court and the uh Supreme Court in the lgu so role of attorneys is the first number that you will get when you pass uh bar exams then you will get the ibp you become a member of that inter integrated bar the Philippines and then PTR usually get this from the lgu so sequence when you pass the bar so you first sign and then you get your role of attorneys and then you get your uh uh you get your ibp you become a member and then you get you go to the lgu and then after that after I think for a period of time you will enroll into the MC you do the mandatory continuing legal education so this is the last okay so this is how it looks like by fiction fictional details okay so as again as I've said these are the categories the notary related Supreme Court requirements in the lgu so not if it's if it's a notarial document of course you put the notarial commission number but if not then it's as a role of attorneys okay soio but if it's just a pleading you can it's it's sufficient to put on your role number again and then the uh address and then the ibp and then the PTR and then the mcle or you can switch the mcle and the PTR so that the last one is the lgu all right so what are the effects of the council signature this has been asked in our class before signature lawyer because it signifies something so what are the effects that that the council has read the laer and that is a ground okay for uh something that's not good okay that that can be uh can be subject for questioning and then that to the best of his knowledge and belief if the following had been formed after reasonable inquiry okay it is not presented for improper purpose to harass to unnecessarily delay or needlessly increase the cost of litigation so once there's a signature there of the lawyer as to the best of his knowledge it's not intended to harass and then it's supported by law and Juris prudence and then it has evidentiary support so there's a question before evidence can you file let's say the answer is well you can but no reasonable lawyer will sign your pleading because once a lawyer will sign that then the lawyer will always ask do you have evidence do you have evidentiary support or will we be able to Avail such evidence after we Avail uh them through modes of Discovery such as deposition such as saic lawyer because it will signify to the court evidence that is found founded by law and facts and Juris prudence and that it's not intended to harass and that the lawyer himself has read it the denials are wanted by facts or based on the belief or lack of information and what are the con quences for violating this rules so for example lawyer evidentiary support so the rule says that there are appropriate sanctions over the council and there's an referral to the law firm or or the law firm to the proper office for disciplinary action well that could be the Supreme Court okay for law firms they will be solidarily liable for the non monetary sanctions ordered to pay penalty and Order to pay attorney's fees and it is prohibited for the lawyer to transfer to pass the monetary penalty to the client so what is the duty of the counsel in case of change of his address they must promptly or he must promptly inform the court and case law it is not the duty of the legal secretary so as we have mentioned Kina modes of Discovery okay signature lawyer entails that it is supported by legal or Juris Prudence or by law or by Juris Prudence or after significant or substantial uh conduct of modes of Discovery there can be availment of of uh of uh facts okay so just to mention there are 1 2 3 4 5 six six modes of Discovery in this slide so there are depositions that is the taking of a witness under oath before trial and includes depositions upon oral examination and written interrogatories so these are the taking of a witness of a testimony before trial interrogatories are written questions served by one party or another which must be answered in writing and under oath so that is a mode of Discovery uh so let's say I am a party I have further clarifications or question set of questions to the adverse party then I have should file an interrogatory request for admission it it is uh it is a mode of Discovery requesting the other part party to admit the truth of any matters relating to facts the application of law to facts or opinions about either as well as the genuiness of any documents described in the request so this has been a subject of a bar question wherein the uh the uh defendant or the the other party presented uh uh pay a check or a receipt official receipt so the the other party did not answer failed to file an answer when the other party requested for admission so in that case the uh the document will be deemed as genuine and therefore it will be admissible production or inspection of document or things so requesting a party to produce and permit their inspection copying testing or sampling of designated documents electronically stored information or tangible things so that is also mode of Discovery physical and mental examination of persons rule 28 when the physical or mental condition of a party is in controversy the court May order the party to submit to a physical or mental examination by a qualified expert and the last this is familiar sainaa and we know that there are two kinds or you may be familiar with Suba ad testificandum in subas which is a RIT issued by the court commanding a person to attend a deposition produce documents or appear at a hearing or or trial so so to attend a deposition or appear a hearing or trial that is AA at testificandum while producing documents is a p ti so let's go now to other elements required to be together or or to be placed together with the signature and address of the council so these are role of number of role number of attorneys ibp receipt number professional tax receipt MCL certificate of compliance or exemption so usually memorize I just imagine what are the first things that a lawyer will Avail after he passes the bar so of course it shall be the role of number of Attorneys at the Supreme Court and then after that he will Avail membership in his respective uh region for example which is IP he will go home right after that uh he will go to the lgu that is PTR and then after some time period of time then you should enroll in the MCL so again these are required for every pleading or written submission to the court so one by one let's look at them so role of attorneys uh according to rule 138 the clerk of court the clerk of the Supreme Court shall keep a role of of all attorneys admitted to practice which role shall be signed by the person admitt when he receives his certificate so usually lawyers after they pass the bar they go to the Supreme Court and they have this picture like this from a bining Filipinas candidate that signed the role of attorney so you cannot practice law without having signed in this uh Sacred Book quote unquote No and then for the purpose as well of of you being searchable in the Supreme Court's website so if anyone wanted to hire you you wanted to verify your uh identity then they can simply go to the Supreme Court website and search your name under the lawyers list the purpose of role of attorney is to protect the public by making it easier for them to detect imposters who represent themselves as members of the bar so to protect the public which is that's why the number the the the names of the lawyers must be placed there in the Supreme Court's uh uh uh jurisdiction okay or their control so effect of failure to indicate roll of attorney that is same as failure to indicate ibp number and that could constitute a dismissal of the pleading or or correction of the court so this is directed only to lawyers and not to those who sign the pleading because again a complaint may be made by a complainant by a Layman okay so that that does not require of course the role of attorneys so let's go now so after rooll of attorneys if you pass the bar then you go back to your region and you become a member of the ibp okay ibp the my experience during KP uh some ibp in SIU for example they have these weekly uh uh weekly uh outreaches activities also ibp also has uh welcome parties for new lawyers ibp also has free legal Aid Services ibp also has investigatory functions when there is uh questions regarding lawyers or notary public okay so under lawyer signature ibp receipt number so ibp membership is required after admission to the bar the ibp receipt number is the evidence of such membership how to be in good standing pay ibp dues to be a member in good standing this has been provided for under the ibp bolaw section 20 members in good standing are those member who has paid all membership dues and all authorized special assessments plus SE charges owing there on and who is not under suspension from the practice of law or for membership privileges is a member in good standing the IPL was organized in 1973 with with uh its first chapter officers after the Supreme Court created the commission on bar integration on October 5 1970 so 1973 73 is the first ibp organized and starting January 1 2024 how much by ibp juice annual juice it's 4,000 pesos while the lifetime membership fee will increase uh from 25,000 to 50,000 and of course lifetime membership TR has certain preconditions okay before availing that so let's go now to after the ibp you become a member you go to the lgu so the PTR Naman is a is a receipt paid by professional whom the government regulates so according to D.P it is different from the regular tax uh levied by the b a professional tax receipt is a proof that you have paid your taxes to the government as a professional having profession that uh is being regulated such as for example lawyer so as a lawyer uh uh you pay that and then you get the receipt or the PTR also me for example I I am a real estate uh salesperson so I pay PTR every year and they have a corresponding PTR because my profession is being regulated by the government of course for the protection of the public so lawyers real estate I think doctors also pay uh PTR and other professions that uh that affects public interest so the fourth element that is placed under the signature of the lawyer is the MCL cooc or COA so complete definition so that you can also glance while once in a while and Define it by yourself so mcle means again mandatory continuing legal education there's a counterpart that to that no s professional so it's in the professional realm and then C means certificate of comple a certificate of compliance and Coe is certificate of exemption lawers mle so here's a barq describe mle for a member of the ibp so please take note that M ibp before you can get the m so mandatory continuing legal education is promulgated by the Supreme Court requiring all lawyers to earn 36 units of legal education every 3 years so remember this it's every 3 years and that's one period okay so there's a specific period which year in this specific period but it has exceptions as well its purpose is to ensure that members of the bar keep a breast of the latest law and Juris Prudence to maintain ethics of the profession and to enhance the standards of the profession so updates knowledge ethics which is character and standards which is well it could be both uh uh law and ethics or practice all right so again ethics knowledge and practice and duration mcla compliance period is 3 years or 36 months so there's a first year second year third year it's important later lawyers so uh just to just to give the overview ibp number you get every start of the Year mle number you get every 3 years and role of attorneys is forever so newly admitted lawyers so when does MCL requirement apply to newly admitted lawyers so so for example laths compliance period so let's say your compliance period is January 2021 to January 20 to December uh 2023 so 21 22 23 for example no so for example is October so October November December three months um compliance period so question is he required to take the mcle the answer is no because according to the to the rules to the board resolution thus lawyers who pass the bar when only four months or less remain of the compliance period they are Exempted from complying with the MCL requirement so time chart so if if someone if a lawyer is admitted okay the word is admitted became became but the more appropriate term is if a lawyer is admitted 4 months or less okay during uh 4 months or less remaining of the compliance period Then he is Exempted okay and then if they are admitted one year after the start so the keyword is after the start of the current compliance period Then they are required to get 2/3 of the credit units so how many units again we get 36 so 2/3 of that is 24 so 36 3 that's 12 so 12 * 2 that's 24 So within a year let's say if this is 20 let's say Anon 2024 to 20 uh say let's say 2023 2024 2025 so what if within 2023 so you you are required to get 2/3 or 24 units as of this time of recording 2024 so December that's within for example that's within the 2-year Peri compliance period so December so uh let's say member ibp within the two years so you are required to get one3 or 12 units of the mle okay so please take note of that and I think third year it's still 12 units provision but if four months or less then zero okay not required MC governing board resolution dated 2004 okay that's the basis for this um provision as to the uh credit units newly admitted lawyers all right so let's now go to verification which is a commonly asked Topic in the bar exam such as bar exam 2016 and 20133 all right so what is verification it is a statement under oath where the subscribers where to the truth of the statements and the notary public or other officer authorized to administer oath certifies so it is a certification from the word Veritas it is where the person makes a makes an oath that the statements that he did or he made in that pleading for example is uh is the TRU okay there there's truth to that and the purpose of this is to Simply secure an assurance that the allegations of the petition or complaint have been made in good faith or are true and correct not merely speculative and this requirement is simply a condition affecting the for of pleadings and non-compliance therewith does not necessarily render it fatally defective and uh it it merely supports the idea that we have to minimize litigation as much as possible you know for the sake of peace right so therefore if you make a pleading if you make an accusation you should have a foundation for making that it's not merely speculation but you're making that allegation with good faith of of course we don't want a society that is biguous right so verification is one of that however this is this is merely a form and non-compliance therewi does not make your pleading the f fatally defective indeed verification is only a formal not a jurisdictional requirement okay so should all pleadings be verified as a general rule pleadings need not be verified or under oath except otherwise provided by law or rule so if you if you encounter sometimes there's a word verified pleading okay by verified petition So when you say verified petition there should be a verification to that how is a pleading verified it is through an Affidavit of an affiant duly authorized to sign said verification it is the person who personally knows the truth of the facts alleged in the pleading his representative or his lawyer it must be signed by all petitioners so the key word here is that it is an affidavit meaning a person who has personal knowledge signs before it okay he must personally know the truth of the contents of such pleading and all must sign the petition this is asked in bar 2016 let's go to defects in the pleading if signed by a person with no Authority the complaint shall be dismissed because the court has no jurisdiction for lack of a valid complaint so it's a formal it's a mere formal requirement but if it is signed by a person with no Authority it must be dismissed because the court has no jurisdiction there's no valid complaint cuz again then it must be signed by a person who has knowledge but if the person has who who signed it is not the person who has knowledge or is not the representative or the lawyer of the person then the complaint is void and therefore a void complaint does not uh does not vest uh jurisdiction before the court and the court therefore has no jurisdiction but if verification is lacking Nam man so this is not the same as signed by the wrong person huh but if it is lacking does it doesn't make the the pleading automatically defective but the court May order the correction or act on the pleading if the attending circumstances allow for the rules to be dispensed with so that the ends of Justice may be served verification again is a mere formal requirement so you know the difference because this was asked in the bar exam 2016 so again [Music] void so uh the court can order the correction or the signing or or the plead the signing of the pleading so that the ends of Justice may be served after all verification is mere a formal requirement all right so next so further what is the required uh statement to be included in the verification please take note because there's one case where the court nullified the verification because it used phrases fancifully so the exact phrase that must be contained in a verification are based on personal knowledge or authentic records because again the word Veritas is word the word truth and truth must be based on one's own personal knowledge experience or authentic records so examples of defective verification phrases based on knowledge information and belief based on information and belief so word personal knowledge and authentic or authentic records so there are nonfatal circumstances which is lack of verification on the motion for reconsideration lack of notarial seal on the verification and lack of notarial seal on the certificate of non Forum shop in okay so let's go to the verification or certification of non Forum shopping now example so this is the example of the affidavit wherein the person verified or certified uh that his pleading is uh that has no it has no non it has no Forum Shopping so in the end know certificate uh against non Forum shopping because there is Forum shopping but it's certificate against against Forum Shopping or certificate of non Forum Shopping Soto it has been uh it has been merged no first verification word number three the allegations in the said complaint are true and uh correct as of my knowledge and authentic records the pleading is not filed to harass or cause unnecessary delay meaning this is made in good faith and the the allegations are supported with evidentiary support or they have evidentiary support so these are the three uh important elements of a verification knowledge in good faith and with evidentiary support so these overall constitutes that a pleading is has a semblance of Truth or Veritas okay and then at the at the uh bottom portion so three main components and these are the three three main components I this one is hurat hurat it is a clause at the foot of an affidavit showing when where and before whom the actual oath was worn to or affirmation was made okay okay hurat I think this it came from the word to note no so again this is the example of a uh verification so it's an affidavit with these three elements made made by the A aiant and hurat meaning it is notorized okay so what are the pleadings that require verification so you can pause this video and uh look at that so these are original civil actions primarily so well not uh obviously original complaint and then permissive counter claim because again based on other videos permissive counter claim is deemed as a new and separate complaint because it does not arise out of or necessarily connected to with the subject of the original complaint or the allegations of the original complaint and so on and so forth just feel free to pause this video all right so statement of claim for small claims cases because this has been asked in the bar in a bar exam in 2018 all pleadings shall be verified D rules on summary procedures or small claims and summary proceedings so again verify those as a general rule pleadings are not required to be verified except for provided except uh provided for under the law so like for example s pleadings under small claims cases specifically provided by special civil actions bip so special civil actions like complaint for inter pleader ciary against judgment ciary petition for ciary petition for prohibition petition for mandamos petition for karanto complaint for expropriation complaint for forcable entry on rul detainer petition for indirect contempt petition for rate of kalikasan and petition for rate of continuing mandamos so these require verification the expedited rules and procedures so therefore uh it must be verified so now we go to special proceedings sorry skip I think letter C but it has to it should be letter B no so special proceedings these are the pleadings that require verification wa let me delete uh yeah so this one petition for probate of the will or anate estate proceedings so obviously accept will no so you have to to verify that it is number one only three elements that the allegations are made in good faith no that it is based on personal knowledge or authentic records so that's number one number two you good faith and number three bile but it has evidentiary support okay guardianship custody of minors trusteeship adop petition for adoption and revocation of adoption etc etc so again feel free to read them at your own pace please pause this video if you want next so pleadings that require verification so special commercial cases like complaints filed under the interim rules of procedure on inter corporate controversies so this is between for example shareholders between the president and the sh shareholders so specify all pleadings motions oppositions governed by the rules of procedure and corporate Rehabilitation I think this is related to freia financial Rehabilitation and insolvency act so they must be verified tax cases before the court of tax appeals complaints and petitions for review therein must be verified okay CTA verified responsive pleadings that require verification again responsive pleadings are those that respond to the pleadings that initiate an action this is in contrast with initiatory pleadings which commences an action answer denying the allegations on the genuiness and due execution so respondent you have to file an answer denying the allegations on the genuiness and due execution otherwise the uh actionable document will be deemed genuine and duly executed number two answer denying allegations of user number three answers to written interrogatories number four answer to written request for admission number five rules on expedited procedures answer to the original complaint compulsory counter claim and answer there to answer to cross claim and verified response so exper procedures this uh procedures this is a newly promulgated rule which covers summary proceedings and small claims cases number six answer to complaint in environmental cases so answer Sila they must be verified next is cafs or certificate against Forum Shopping certificate against non Forum Shopping H because it will become certificate of forum shopping but if you call it that way if you have a the word against then you have to call it Forum shopping but if certificate of non Forum Shopping it must be of okay certificate of non Forum Shopping so either way uh you just have to take note of that okay misterm so acts of Forum Shopping what is Forum Shopping it is the act of filing two or more actions grounded on the same cause of action for the purpose of obtaining a favorable decision okay so one of the keywords here the most important keyword for me so far that I've learned is obtaining a favorable uh decision so it is motivated it is uh it is driven by the will and the dream and the motive to to have a favorable decision so it it is filing two or more actions uh before two or more courts para it is an act of a party against adverse judgment or order has been rendered in one Forum seeking to get a favorable opinion in another Forum because this has been asked in 2006 bar as well as in other bar uh uh bar questions again the h mark distinction is with the purpose of increasing the chances of obtaining a favorable decision this has been laid down in Soo versus if not in the in one Court then another so driven motive is the key distinction that separates a forum shop the act of Forum Shopping than the rest they can there can be like erroneous filing or inadvertent filing of two or more cases but without the uh intent to uh increase the the the chance of obtaining a favorable decision elements of Forum Shopping let's uhe remember this this there is identity of parties identity of cause of action and the Judgment in one will constitute arrest judicata in another or a letis pendena in another so the rest judic there has a separate a specific distinction a specific provision which must be barred by prior judgment in other words previous case have been finally resolved okay and latest pentia is the previous case has not been resolved yet so judge already has been resolved then it is and then then it is rest jata so let's say file RTC of Manila and then RTC of Bon prtc Manila and then then that's l uh that's res judicata but if both are pending then it's litis pendena okay RTC vanilla and RTC same party same cause of action then it is L pendena both pending P case so to illustrate Court a similar parties similar cause of action Court B similar parties similar cause of action so let's say Court a is again RTC Manila Court B is RTC a colon so so case Court a is resolved same cause of action even in court B same cause of action therefore the case in RTC bakod or Court B is barred and that is what you call as barred by prior judgment because in RTC Manila we have the same parties with the same cause of action again this is bar by prior judgment orrest judicata by uh bar by prior judgment in other words the entire case the entire cause of action has been decided upon this is contrasted with conclusiveness of judgment which we will expound in the next slide while Le pentia let's go at the right side lower right side both of them are pending so case RTC Manila for example and RTC bod but uh a person or a party filed with the same cause of action in the same party in two courts and both both of these cases are still pending ongoing therefore it is Le pendena and it is Forum Shopping okay again weather so let's go to concepts of rest judicata just to revisit Concepts bar by prior judgment and conclusiveness of judgment you main difference is that uh you can read all of these chart but main difference N is a bar by prior judgment the entire subsequent action is barred okay so for examp ex so same case okay same action same CA of action same parties entire the entire subsequent action is barred file RTC Manila RTC CBU same cause of action same parties and uh uh it is barred by prior judgment because of that is the concept of rest jata okay if not then if resolv other previous case then it is Le pendena okay however the other concept is conclusiveness of judgment only specific issues or or facts are barred from being litigated so issues conclusiveness of judgment specific case or specific issues or facts but for example address orate issue for example so only this one there is conclusiveness of judgment facts for example admit facts proven by by evidence but there is still an issue so there is conclusiveness of judgment as to issue one and two but there is still issue pending before uh for issue three so that's these are the two concepts bar conclusiveness of judgment specific issues or facts B all right so I hope that made us clear so basang uh table for other differences and other aspects bar by prior judgment and conclusiveness of judgment so acts of Forum Shopping what are the different ways of committing Forum Shopping filing multiple cases based on the same cause of action with the same prayer but previous case number one has not been resolved yet and that is that that will be dismissed on the ground of Lis pendena again same cost same part par solv so the other one will be barred by on the ground of it his pentia but if the previous case has been resolved then the subse subsequent action will be uh dismissed based on rest judicata or barred by prior judgment and number three but with different prayer splitting of causes of action dismissed on uh RJ res judicata okay that is the uh that is still uh a way of committing Forum Shopping uh prayers different prayers fting of causes of number oftion so let's say prev cases of action with different prayers so wise but still that is an act of forum shopping so what are the remedies in case of Forum Shopping a party May file a motion to dismiss on the ground of LI pentia or barred by prior judgment okay again those are the two concepts number two if not raised in a motion to dismiss a party May raise it as an affirmative defense a pleading which a defending party sets forth his or her defenses so again MTD or an answer again an answer is a pleading where a party sets forth his what his defenses the nature of the dismissal is with prejudice meaning it bars the refiling of the case so that is meaning with prejudice with harm the word prejudice is to put into to harm or to harm way to risk so case Okay because again that is a for an act of Forum Shopping okay so examples Forum Shopping so first example is uh Court a as party x and z same as Court B while Court a the party filed an analment for Real Estate mortgage and the other uh and in the other court the party filed for action for injunction invoking nity of the real engage Mort Gage a real estate Mort gaau sorry so another ment of real estate mortgage and injunction so what do you mean by injunction it is basically means to stop so analment and to stop similar similar cost of action similar relief sought for therefore there is Forum Shopping and if it if both if if the subsequent case has been resolved then that's res judicata if both cases are pending then that's what then that's lest pendena now uh let's go to the lower uh lower left this one so in court a petition for sari questioning jurisdiction of CIA while in court B petition for review under rule 43 praying that c CAC decision be set aside so first questioning and the other is praying to be set as the decision to be set aside similar relief sought for therefore there is Forum Shopping and last at the right side before the inferior Court the case is still pending uh and then in the Superior Court appeal or petition first oral for SAR so pending and thenal forar Superior Court then that constitutes Forum Shopping why because even of different nature that why because first is trial that's inferior court trial s Superior Court it's appeal or appellate so nature but the other the case in the inferior court is still pending pending how will there be a grave abuse of this of discretion if pending so the court said that it that this constitutes Forum Shopping so examples Forum Shopping let's go to the next slide so Forum Shopping Court a criminal and civil case while Court B Court actually but but it is an administrative agency or an admin case there is no Forum shopping because Al together there are two different cases two different nature two different courts one is a Judicial Judiciary and the other one is executive or administrative agency therefore there is no Forum Shopping so for example you have a case for a criminal case against uh commission for Commission of unfair Labor practice and the other one is before the labor Arbiter so that that basically means two different courts or two different tribunals next we go to the right side so highlight is Court a challenges the validity of judgment so Court B challenges the interpretation of the court in relation to execution so first s Court a the validity of judgment s other one the other court is the validity of the execution there is no Forum shopping because there are different reliefs prayed for and there is no similarity of cause of action again Forum Shopping is when there is similarity of cause of action and similar ity of parties now let's go to the lower uh court case a civil case for breach of contract case b is labor case so there is no Forum shopping because there is no identity of cause of action because first dto is a civil case Okay breach of contract the other one is a labor case there is a breach of the provisions of the labor code on the part of either the employer or employee so these are cases that are not Forum Shopping let's go to a bar question bar 2014 so in the trial court the trial court already rendered the decision granting the complaint while s appeal it questioned the RTC decision and Sir Shari assailing the rtc's rate of execution so suggested answera we have to first uh to answer this you have to first enumerate the elements of forum shopping so Anolon identity of parties identity of cause of action and the judge the the judgment in the one will constitute arrest judicata or litis pendena on the other so element two different cause of action so first ciary s appellate court it's a ciary questioning the rate of execution so it is a different cause of action than the one that is before the trial court which discusses the merits of a case while Elementary the judgment on the RTC R of execution will not constitute arrest judicata or bar by P judgement on the appeal question the RTC decision because they are based on different causes of action so questioning questioning the rtc's streate of execution okay uh question the RTC decision it will not constitute uh rest duata as a rate of of of execution questioning RTC decision will it be the same will it constitute a bar as a arrata baring judgment bar by PRI judgment on the execution rate of execution no so therefore there is no Forum Shopping so contention so if you if you appeal to question the RTC and then you file for sir Shari questioning the assailing the rate of execution of the RTC Forum shopping because again it will not constitute a bar by prior judgment and there's different causes of action between the two actions okay so I I hope I made it clear and then bar 20110 question MTC so before the MTC of Santa Maria bulakan V filed a criminal case for reckless imprudence resulting in serious physical injuries against X okay so this is like a this is a criminal case and before the RTC of Pangasinan where V resides so the complainant V filed a complaint for damages against X and Y the vehicle owner so c x is uh the the driver and Y is the vehicle owner in the uh in the certificate against Forum Shopping he made no mention of the pending criminal case in MTC Santa Maria bulakan so again enumerate so to answer this bar question we Al we always have to to defend our answer by first enumerating or giving the law providing the law so according to the according to Juris Prudence the constitute Forum Shopping there must be similarity of party so meron so so s bulakan the parties are uh V and X S RTC of Pangasinan the parties who are the parties V X and Y so similarity because number two similarities of causes of action cause of action s MTC bulakan it's a civil action based on the ground of serious physical injuries so the civil action in the case before the MPC is deemed instituted while the civil action before the RTC Pangasinan is based on quasi Deli so criminal case Santa Maria bulakan therefore the civil case is deemed instituted by article 100 of the RPC while the RTC of bangas sinan the cause of action is quas delic which is what complaint for damages against x and y quas idelic means uh so there therefore that's a that's a different cause of action while s s MTC it's criminal while RTC it's quas idelic so cause of action okay not rest judicata because the Judgment of either of them will not constitute rest judicata or Les leis pendena against the other so Wang Forum Shopping and that's the suggested answer for bar 2010 should not be treated like a game of poker where surprises can be sprung and where gain by guile is not punished so it's a it's a quotation saying that there must be uh transparency before in filing claims in filing verification uh in having certificate of verification s bleedings so more on certification against Forum Shopping what are subjected to to can FS canfest for short as canfest complaints or other initiatory pleadings asserting a claim or relief so again only initiatory pleadings asserting a claim or relief required canfest how is certification made just like verification as a verification it's uh it's an affidavit and C cnfa canfest it must be in a sworn certification annexed there to and Sim s simultaneously filed there with so Annex meaning it must be attached it must be connected it must be together with a pleading so verification and kfs if it's an initiatory pleading who has the duty to declare pending suits in the canfest if it is the plaintiff's Duty and not the defendant to declare pending suits okay so again plain responsibility similar case similar cause of action in other courts what should it contain that no other claim is filed or other uh pending actions if any and if you learn something if you learn of a similar action let's say you other party file similar cost of action with another Court you have to report it within F uh 5 days okay so again no similar claim is filed uh and if there is you will you will state you will state that in your pleading okay and the status thereof and if you learned about a similar action you will file it within 5 days and report it promptly informed it uh in the court okay uh if he or she should learn that the same or similar action has been filed or is spending he or she shall report that fact Within five calendar days in the uh to the court wherein his or her a forced complaint or initiatory pleading has been filed promptly inform is not stated in the rules so exact term is within 5 days promptly informed and therefore the court said that this is not sufficient okay there must be specificity know canipes there must be substantial compliance to this rule okay if number three is is missing the pleading may be may still be allowed okay Estel versus Diego belated filing based on compelling reasons so again uh yeah according to EST versus Diego to report within 5 days okay it may still be allowed and belatedly file cans B compelling reasons okay so sample cans embody elements so no other claim or action is filed so dto and number four I certify I hereby certify that I have not commenced any other action so blue and no any other action has been filed or proceeding involving the same issues in the same in the Supreme Court court of appeals or any other tribunal or agency so specify again cause of action Forum shopping so I hereby say certify that I have not commenced any other action only initiatory pleadings are required to have kfs so uh number three if I've learned Sim that a similar action has been filed I should uh before the ca or any other tribunal agency I hereby undertake to report that fact within 5 days so as soon as possible but within 5 days there from to the court or agency wherein the original pleading and sword certification contemplated herein have been filed so original complain report similar cause of action and my Forum shoing or my similar case fin courts all right so just read the rest so that you will know the entire embodiment of this principle with regard to the certificate against Forum Shopping substantial compliance rule soes directory dispensable compliance meaning okay as we have said verification it is only a mere formal requirement May lack May lacking lacking verification the court May uh direct the party to comply as long as the it is it has been shown sigur that it has been inadvertently missed so yo it that means it is dispensable compliance but again it it may still be complied no by by Direction by the direction of the court but if the the party that complied with the verification has no Authority then the pleading may be dismissed for lack of authority and lack of jurisdiction on on the part of the court next degree substantial compliance so must level up now so level up is substantial compliance meaning compliance with the essential requirements whether of a contract or of a statute substantial compliance as long main elements or essential requirements meet okay strict compliance every element and every Expos every uh requirement must be complied Miss otherwise there is invalidity to the submission okay so I hope that that is clear and then requirement of let's go now so to the sub El ments of a certificate against Forum Shopping requirement one is signature who should sign the cans the plaintiff or principal party because why it it requires personal knowledge green since it requires personal knowledge it must be signed by the principal party or the plaintiff general rule all petitioners should sign it except when some petitioners authorized someone through an sbaa can the council sign on behalf of a party this was asked in bar 2000 in bars 2016 no because canfest requires personal knowledge by the principal party or plaintiff who executed the same unless he is authorized by the party leader via a special power of attorney so that's the Rula since initiatory pleading personal knowledge and therefore it must be signed with the original party except if that party authorized someone such as their Council to sign the pleading on their behalf all right next question what is required if a party files on behalf of the principal party an authorization of the appan is needed it could be in the form of secretary certificate in the case of Corporations and it it can be in the form of Spas Dison versus mati or attorney in fact in the case of complaints okay so secretary certificate Corporation file case or public corporation for examp example okay what if a party is a corporation again a board resolution is required in signing the canest so Corporation it's always could be a board resolution or certificate of uh secretary certificate by specifically authorized individuals because of the obvious reason that artificial persons cannot sign themselves let's say see San Miguel let's say see bakod City let's say Pas city city because it is a public corporation therefore there must be board resolution or an equivalent document there of okay so that's it so can the corporate Council sign yes by way of exception based on the merits and compelling reason Kya versus Evangelical Free Church so corporate councilor authored counil um by way of compelling reasons or merits of the case resolu tion kah uh just to be safe no just secure a uh board resolution if you are a corporate counsel okay effect of failure to sign results the dismissal of the action because it is a fatal defect failure to sign the kfs is a fatal defect because again there must be assurance that no other case has been filed in other administrative tribunal or in other courts so the signature is a fatal requir M what's the other requirement so besides signature let's go to requirement number two and that is what notarization bar 2006 question effects of failure to comply so notor ma by a commissioned notary public it is not part of the work of the clerk of court soer of court but it must be a public or it must be a commission notary public okay important notary public because again the word Nota not notary came from the word not which is which means to Mark meaning and that that signature is in front or in the presence of a notary public which notes which marks that it is an authentic document so the witness himself is the person a public officer in the person of a notary public witness truthfully and with personal presence f canest is not required in the following instances expart petition for the issuance of rate of possession because it is not a complaint or other initiatory pleading so initiatory pleading it uh it's not required so petition for issuance of rate of possession it's not initiatory pleading uh you are you are you are asking okay you did not complain you are merely asking the court to execute the Judgment that has already been rendered in the case that you have already filed prior all right I hope that it is understood answer with compulsory counter claim again compulsory counter claim going back to our kinds of pleadings it is a it is a pleading that it is an answer Kuma it is an answer that necessarily that is necessarily connected or arises out of the subject of the original complain so compulsory in contrast that in contrast to that is the permissive counter claim so since it is compulsory counter claim it is necessarily connected therefore it is not an an initiatory bading and therefore further a can FS is not required so I hope gets no so effects of failure to comply with the requirements first cause for dismissal without prejudice upon motion and after hearing so without prejudice means it can be refiled so but before it can be dismissed there must be a motion and there must be a hearing Moto it can also uh be dismissed Moto proprio okay Moto proprio dismissal is not proper Pala because it requires notice and hearing again notice and hearing the court can automatically dismiss it but since it uh a cans requires motion and hearing then Moto proprio is not uh proper the nature of dismissal is without prejudice again it can be refiled okay so this is based on rule 7 section 5 of the rules of court number two it's not curable by mere amendment of initiatory pleading soile complaint atfs oriz signature am the initial ping must be dismissed or if dismissed you have to refile except on cases of substantial compliance or presence of compelling reasons the remedy is really to refile the actions again well substantial compliance the essential elements have been met the requirements have been met but well for practical reasons just refile the ple without prejudice PL or you complaint based on the defective scan FS what is the remedy it is to refile the action not to amend okay what are the effects of false or non-compliance with the undertaking against non Forum Shopping it constitutes indirect contempt of court and without prejudice to the corresponding administ ative and criminal actions so false or non-compliance this will uh this implies uh unreasonable grounds okay for the non-compliance thereof so indirect contempt and without corresponding administrative and criminal action so indirect contempt means it is done uh outside the presence of the court and basically in Disobedience to the Court's order because primarily can is a Court's directive what are the effects of willful and deliberate Forum Shopping so grounds for summary dismissal without hearing without notice direct contempt of court because it's already with done within the presence of the Court false or non compliance this this one is deliberate and willful Forum Shopping so contempt of court because you are doing it in the presence of the court and administrative sanctions so compare uh verification at kfs non-compliance of verification is not fatally defective but in kfs it's dismissal without prejudice upon motion and hearing in in verification it is uh Court May order subsequent submission or correction but can FS is not curable by subsequent Amendment submission or correction unless it is uh substantially complied upon so for verification it must be signed by the person has personal knowledge and must allege that it has been made in good faith or the person who has authority to sign such as the one with the spa and in the canest it must be signed by the plaintiffs or partitioners or party pleaders by all of them those who did not sign will be dropped as parties to the case unless plaintiffs invoke a common interest or common cause of action such as what such as a class suit or by the Council on record as authorized by an Spa so may common if authorized if if signed by the council and that there must be an Spa right so again it must be signed by all person was who has knowledge so substantial compliance a verification the one with a personal knowledge and then the one who has who alleges in good faith in kfs plaintiff testifies that there is no other action so as long as the plaintiff or the person or that party can testify that there is no other case filed with similar cause of action and similar part is filed in another tribunal then that person substantially or that party substantially complied with the requirements of the certificate against Forum Shopping let's go now to the last set of requirements or additional contents such as the names of the witnesses and others so what are the three additional contents to the pleading first is names of the witnesses who will be presented to prove the claims or defenses of a party so plead you must attach the names who will Pro proove the claims of the defense or the names and then the judicial affidavit or summary of their intended testimonies as required with the judicial affidavit rule provided that their judicial affidavit should be attached shall be attached to the pleading and form an integral part thereof so requirements ja only Witnesses whose judicial affidavit are attached shall be presented by the parties during trial so claim pleading claim or defense then you sign then certify P initiatory certified non Forum Shopping and attach the names of the witnesses attach to their judicial affidavits only Witnesses with ja can testify during the trial number three attachments of documentary and object evidence in support of the allegations in the pleading so again pleading must have testimonial evidence and object and documentary evidence so Masterpiece lawyer and Masterpiece case you have to attach the evidence okay and even and for example since you have the signature of the lawyer that entails that the allegations are supported with uh uh evidence such as documentary and object and testimonial evidence now when is the attachment of documentary or object evidence to the judicial affid davits required when there would be pre-trial or preliminary conference or scheduled here hearing again because if there's some uh there's a uh uh let's say summary judgment or judgment on the pleadings then of course this would not be required next where should documentary or object evidence be attached in the ja not in the complaint so object and documentary evidence or object or documentary evidence must be attached in the judicial affidavit this is a noteworthy okay so let's dive a little bit on uh the rules on the judicial affidavit or jar so when did the jar took effect January 1 2013 where should documentary or object evidence be attached as stated it must be attached in the ja and not in the complaint when and where should the documentary or object evidence be attached again in the ja not in the complaint when there is pre-trial or PR prelim minary conference or scheduled hearing why because it in pre-trial this is where we Mark the object or documentary evidence or preliminary conference okay so Mark so comp complainant then that's uh uh appendix No appendix a or exhibit icter yeah exhibit complainant exhibit ABC defendant exhibit 1 23 so what is lower left what is an instance that there is no pre-trial preliminary conference or hearing when the defendant failed failed to file an answer and that would constitute what that is uh that would call for a judgment on the pleading because the defendant failed to establish an issue so the court now shall render judgment either Moto proprio or on plaintiff's motion based solely on the facts of the complaint and the reliefs prayed for again this is judgment on the pleadings and not summary judgments because summary judgment would still entail the presentation of uh mod of other modes of Discovery such as deposition and and pleadings now what is the nature of judicial affidavits this is not documentary evidence H but this is testimonial evidence section two of the of the judicial affidavit rule this is test testimonial evidence what should be attached to the ja docu and object evidence D and OE how should the dno evidence be attached how should the documentary and object evidence be attached they shall be marked what exhibit a b c for the plaintiff and exhibit 1 2 three for the defendant what if the party wants to keep the original copy to himself so to protect your original copy so first you have to mark them you have to have them identified or marked and then warrant in his ja that the copy attached to his ja is a faithful copy of the original and he shall bring it during the what the preliminary conference if it's a civil procedure if it's a civil uh proceeding and then the parties must be given the opportunity in the judge to compare the original and the copy so first marking first another statement in your complaint and uh in your ja sorry because uh an object or documentary is attached to the ja right so a statement in your ja and then you testify that there is an existence of this document so therefore that's ja right so again marking a statement the ja and you must bring it during the preliminary conference so that they can compare the parties and the court can compare the copies attached in your ja and the original document okay if the part if the party fails to bring the original documents the documentary evidence evidence shall not be admitted this is under the case of Fairland versus Po so this is the last part of our video because this is in relation s cans or certificate against non Forum shopping canina because just to recall there are two main requirements for that first first there must be signature and second it must be notorized and as to notarization there there is always a frequently Asked question and that is with regard to competent evidence of identification of an individual when when a notary public notarizes the a client must be personally known or competently identified by the notary public through competent evidence of of that uh individual so so either Kil not public so when you file a prings and it must be notorized you have to present your ID if notary public so uh besides that presenting ID no but in general it is called competent evidence of identity cuz there are two ways okay first is okay so drawing there must be an identification of an individual based on two two ways the first way is through an identification document which is issued so elements ID current ID must have or must be issued by the government by a government agency it must have a it must bear the photo of the individual and his signature so it three main elements that will constitute a competent evidence of identity based on a document if this is not presented the other option is that there is an o oath okay oath or affirmation of a competent witness okay of one competent witness that is not previe to the document okay not prevy to the instrument or document but is personally known to the individual and to the notary public so this one okay but at the same time he must also be known to the person or the affan okay one credible witness not priv to the instrument who is personally known to the notary public and who personally knows the individual okay so yeah again oath witness interested [Music] instrument aan two credible Witnesses okay individual okay they even though public they would present to uh public uh two documentary identific which is the above ID so the other the last two could be classified into either of them again Isa individual all right so I hope that made it clear y will that this will establish the competent evidence of an individual who signs before the notary public and therefore it is notor it can be notorized by notary public and would establish the validity of the cans question case or notable Seda Seda is enough to establish a competent evidence of identity the court said no because according to the court Avail and false pleadings or false notorized documents just because just by using Seda so enough so uh like driver driver's license passport so anything that has photo and signature and it must be uh issued by the go by uh the government by a government ageny okay so fance CTC number out of memory andiz notary public and the court said this is a no no this is uh in violation of the rule that would protect the public and the society from false uh uh false documents all right last slide is the rule on competent evidence of identity strictly follow the general answer is no a minor defect can be overlooked in the interest of Justice in other words this is not strict compliance but I would we would say I would say this is only substantial compliance no in the interest of Justice let's say um let's say is F Health ID let's say ID so if it substantially complies and it can be reasonably defended by the by the applicant or the by the petitioner then the court can uh accept it the Court's primary duty is to dispense Justice okay and if the rules will technically become the enemy of Justice then the the rules would deserve scaned consideration rules again should be viewed as mere tools for the availment of justice so again thank you very much John 316 the end please subscribe to my channel God bless you bye-bye and this is Lex rex. pH