Litigation invariably involves the filing of motions and pleadings. Motions are documents filed, or verbal requests made, with the court for actions incidental to the proceedings like a motion requesting the postponement of a hearing, for the issuance of a warrant of arrest or for the production of documents. Pleadings are papers prepared and signed by lawyers as part of the case which would cover the complaint, an answer to the complaint, a reply, affidavits, in short all the documents lawyers sign for the client and which are filed formally with the court.
Usually, both motions and pleadings are divided into sections showing first the court with jurisdiction, the names of the parties, the case number and the title. Something like this:
“REPUBLIC OF THE PHILIPPINESThe last portion is the catch-all plea that the devout might do well to adopt, just in case they forget something from their litany of sins, especially if this proves to be quite lengthy (The author admits nothing here). It is almost like asking for a general absolution from all transgressions, whether confessed or not. Isn’t that neat? There is this story about a litigant who, upon seeing the pleading of his opponent’s counsel, exclaimed, “See how desperate they are, they are already resorting to prayer!” This is not exactly right.
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH ___, MAKATI CITY
PARTY A,
Plaintiff,
Civil Case No.________
- versus -
PARTY B,
Defendant.
x—————————————————x
MOTION FOR EXTENSION
xxx”
It almost seems like the title card to a boxing bout what with the A “vs” B caption that one can find. And in a way it is, as only one party would usually prevail with all his claims.
Pleadings end with a prayer, showing that lawyers can also be a bit spiritual especially when it comes to their cases, asking what they want the court to do or grant to their client. Just to show you how clever lawyers can be, apart from a specific prayer there follows a common catch-all plea -
“PRAYER
WHEREFORE, it is respectfully prayed that the Honorable Court grant Defendant an additional period of thirty (30) days from 26 April 2007 or until 26 May 2007 within which to file Defendant’s Reply.
Other just and equitable reliefs are likewise prayed for.”
Moving on, there are a number of other technical non-substantive requirements like notices, furnishing copies, etc. because with these pleadings come deadlines. Woe to the lawyer whose case is lost by default for failing to meet a deadline. Although there are allowed excuses, like equally urgent work and serious illness, there are those that won’t do. For example, despite the high-tech world that we find ourselves in, computer viruses do not excuse the late filing of a pleading. In DAGDAGAN vs. BACOLOD [G.R. No. 147848, January 24, 2005], the court took to task a practitioner who sought to justify the late filing of a petition because a computer virus had erased it:
“We agree with the Court of Appeals that the reason stated in her second motion is not compelling. Petitioner’s counsel should have been systematic in his legal work. He should have saved the encoded petition in a diskette and have it printed. Had he followed this procedure, he would not have encountered a problem when his computer was infected by virus.So when it comes to a virus eating your pleading, lawyers should know that this excuse doesn’t have much of a prayer with the Supreme Court.
Deviations from the rules cannot be tolerated. The rationale for this strict attitude is not difficult to appreciate. These rules are designed to facilitate the orderly disposition of appealed cases. In an age where courts are bedeviled by clogged dockets, these rules need to be followed by litigants with greater fidelity. Their observance cannot be left to their whims and caprices. Moreover, rules of procedure are tools designed to promote efficiency and orderliness as well as to facilitate attainment of justice, such that strict adherence thereto is required.”
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