Rule 18

Section. 2. Nature and Purpose. — The pre- trial is mandatory and should be terminated promptly.
The court shall consider:

(a)  The possibility of an amicable settlement or of a submission to alternative modes

of dispute resolution;
(b)  The simplification of the issues;
(c)  The possibility of obtaining stipulations or admissions of facts and of documents
to avoid unnecessary proof;
(d)  The limitation of the number and identification of witnesses and the setting of trial
dates;
(e)  The advisability of a preliminary reference of issues to a commissioner;
(f)  The propriety of rendering judgment on the pleadings, or summary judgment, or
of dismissing the action should a valid ground therefor be found to exist;
(g)  The requirement for the parties to:
1.Mark their respective evidence if not yet marked in the judicial affidavits of their
witnesses;
2.Examine and make comparisons of the adverse parties' evidence vis-avis the copies to
be marked;
3.Manifest for the record stipulations regarding the faithfulness of the reproductions and
the genuineness and due execution of the adverse parties' evidence;
4.Reserve evidence not available at the pre-trial, but only in the following manner:
i. For testimonial evidence, by giving the name or position and the
nature of the testimony of the proposed witness;

ii.For documentary evidence and other object evidence, by giving a

particular description of the evidence.

No reservation shall be allowed if not made in the manner described above.

(h) Such other matters as may aid in the prompt disposition of the action.

The failure without just cause of a party and counsel to appear during pre-trial, despite notice,
shall result in a waiver of any objections to the faithfulness of the reproductions marked, or their
genuineness and due execution.

The failure without just cause of a party and/or counsel to bring the evidence required shall be
deemed a waiver of the presentation of such evidence.
The branch clerk of court shall prepare the minutes of the pre-trial, which shall have the
following format: (See prescribed form) (2a)

RULE

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)
 Verification and Certification against Non-forum Shopping

I, (name), personal circumstances, respectfully states that:

1. The allegations (in the pleading) are true and correct based on my personal
knowledge, or based on authentic documents;
2. The (pleading) is not filed to harass, cause unnecessary delay, or needlessly increase
the cost of litigation;
3. The factual allegations therein have evidentiary support or, if specifically so
identified, will likewise have evidentiary support after a reasonable opportunity for
discovery.

4. That I have not commenced any action or filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such
other action or claim is pending therein;

5. If there is such other pending action or claim, I shall rendered a complete statement of
the present status thereof; and

6. If I 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.

(sgd.)

Affiant

JURAT

SUBSCRIBED AND SWORN to before me this affiant (name), after identification (ID), with
number, issued on, expiring on, as competent evidence of identity.
 Notary Public
Commission Expires on
(contact details)

Doc. No.:
Page No.:
Book No.:
Series of 2020.

REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF ______) SS.

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of

_____________ this __date__ personally appeared _____________ with ID No.
_____________ issued on _____________ at _____________ , known to me and to me
known to be the same person who executed the foregoing instrument and
(he/she) acknowledged to me that the same is the free and voluntary act.

This Instrument consists of only ______ (____) page/s, including this page in
which this Acknowledgement is written, duly signed by _____________ and his
instrumental witnesses on each and every page hereof.

WITNESS MY HAND AND SEAL this _____________ at _____________, Philippines.

NOTARY PUBLIC

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of ______;

Caption:
Republic of the Philippines
Judicial Region
Trial Court
Branch

Title:

Mr. A,
Civil/Crim case No.
For:

vs.
Mr. B,

x-----x

TITLE

Prefatory Statement:
-______, by counsel, respectfully states that:

Prayer
-Wherefore, premises considered, _____ respectfully prays that

General Prayer
-Other just and equitable reliefs are likewise prayed for

Date and Place:

-place (Where signed) for place (Jurisdiction)

Signature:
-Law firm, address, contact
-By: Lawyer + OR (Roll NO., IBP No., PTR No., MCLE No.)

Motion
-Take note of submission of motion
*In declaring defendant in default, add allow plaintiff to present evidence ex parte

Notice of Hearing
BCC
Address
Greetings
Litigated: Please be informed that this will be submitted for the resolution of this Court on date
and time
Non-Litigated: Please be informed that this will be submitted for the resolution of this Court
upon receipt hereof

Copy furnished:
-CC (Explanation if needed) to all co-plaintiffs & defendants
-filed/served through RM/Courier due to lack of man power

Complaint
*Caption
*Title
*Body
*Date and Time
*Signature
*Verification and CANFS + JURAT
*reliefs sought must be specified
*COA

Pre-trial Brief

1. Amicable Settlement
2. Summary of Admitted Facts
3. Issues to be Resolved
4. Witnesses
5. Documentary Evidence
6. Modes of Discovery (plaintiff intends to use MoD under the rules not limited to deposition)
7. Applicable Jurisprudence

Complaint-Affidavit vs Information

A Complaint-Affidavit is a sworn statement charging a person with an offense. It is subscribed

by the offended party, any peace office or other public officers charged with the enforcement
of the law. The designation in a CA is Complainant vs Respondent.
*RP/SS
*state personal circumstance
*JURAT
*No CC/NH

An Information is an accusation in writing charging a person with an offense. It is not required

to be sworn (since the prosecutor is acting under his oath and office) and is subscribed by the
prosecutor. The designation is People of the Philippines vs Accused. It is filed directly in court.
*Caption/Title
*The undersigned prosecutor accuses name of the crime of ____ committed as follows:
ON or about and within the jurisidiction of this Honorable Court the accused….
Contrary to Law
*SGD
*Certification: This Information was filed after the conduct of a P.I.
*An inquest proceeding was conducted prior to the filing of this Information
*JURAT
*witness
*bail recommendation
*approved by City Prosec*

Demand Letter
*Date and Addressee
*Contents – matter of style

SPA
*in Pre-trial, authorization must be in the form of an SPA
*and to perform all acts necessary to accomplish the above-mentioned;
*NAME, CONSTITUTE and APPOINT the agent to do the following acts: (R18)
*Witnesses
*Acknowledgment

Notice of Appearance
*addressed to OCC
*please be informed that the undersigned counsel respectfully enters his appearance as
counsel for defendant
*thus it is respectfully prayed that all orders, processes, notices, decisions, resolutions and
other court papers be sent to the counsel with his address indicated below
*CC

Notice of Withdrawal
*Please note that the undersigned counsel withdraws his appearance for defendant (name)
upon receipt hereof/effective (date)
*CC

Notice of Dismissal
*Prefatory
*Plaintiff respectfully prays that the case be dismissed
*CC

Motion in Criminal case:

-Private prosecutor for prosecution
*Prosecution, by counsel, under the direct control and supervision of the public prosecutor
states that:
*OR required in private prosec
*NH + CC
*include “With my conformity”

Motion in Criminal case:

-Defense
*same
*CC both private and public prosec if any
*no conformity if done by private lawyer in defense

FOE:
Civil Case – Plaintiff/Defendant
-That this formal offer of evidence be noted
-That Exhibits A-D be admitted as evidence of the plaintiff for the purposes for which they
are offered
-Respectfully submitted
-CC

FOE:
Criminal Case Prosecution
-if by public prosec, no need for approval by ACP (needed in Information only)

FOE:
Criminal Case Defense
-if by private prosecutor, don’t forget OR
-CC
-with my conformity

-if by public prosec,

*exhibits are now 1,2,3,etc

C/O to FOE:
-take note
-Exhibits A-D not admitted by the Court in the disposition of the case
-Respectfully submitted

-if filed by private prosec, with my conformity

TEE:
-reason for not admitted
-restate purpose
-Prayer: prays that the excluded evidence be made part of the records of the case
-GP