RULE 8 – MANNER OF MAKING ALLEGATIONS IN PLEADINGS DISCUSSIN

OUTLINE

How allegations are made in a pleading-

Section 1 provides that in general, a pleading must contain in a methodical and

logical form a plain concise and direct statement of the ultimate facts, including
the evidence on which the party pleading relies for his claim or defense.

If the cause of action or defense is based on law, the pertinent provisions thereof
and their applicability shall be clearly and concisely stated.

A pleading must only aver ultimate facts as no conclusions are supposed to be

averred. Conclusions are for the court to make.

Pleading alternative causes of action or defenses-

Section 2 allows a party to set forth two or more statements of a claim or a

defense alternatively or hypothetically, either in one cause of action or defense
or in separate causes of actions or defenses. If two or more statements are made
in the alternative and if one of them if made independently would be sufficient,
the pleading is not made insufficient by the insufficiency of one or more of the
alternative statements.

The provision recognizes the possibility that the liability of the defendant may
possibly be based on two causes of action or that the defendant may possibly
have alternative defenses, even if they may conflict with each other.

The object of the provision is to relieve a party from making a definite election in
cases where his claim or defense might fall within two different substantive
classes. Hence, a party may state as many claims or defenses as he has regardless
of inconsistency.

It does not require that all the alternative causes of action or defenses be
sufficient for the plaintiff or defendant to be entitled to relief. It is enough that
one of them if made independently would be sufficient to support a cause of
action or defend against it. Hence, the pleading is not made insufficient by the
insufficiency of one or more of the alternative statements.

Overruling of one does not bar other defenses. However, if not set up,
determination of one shall bar the determination of the other.

How to plead conditions precedent-

Condition precedents as determined by common usage are matters, which must

be complied with before a cause of action of action arises.

What Section 3 requires is a general averment of the performance or occurrence

of all conditions precedent is required.
Pleading capacity to sue and to be sued-

Section 4 requires the following to be averred: (1) capacity to sue or be sued (2)
authority of a party to sue or be sued in a representative capacity (3) legal
existence of an organized association of persons that is made a party.

With the deletion of Rule 16, the issue as to legal existence or capacity to sue or
sue in a representative capacity shall be raised by way of a specific denial, which
shall include such supporting particulars as are peculiarly within the pleader’s
knowledge.

Pleading fraud, mistake, condition of mind-

Section 5 requires the circumstances constituting fraud and mistake must be

stated with particularity. It is not enough for the pleading to just allege fraud or
mistake. It must state the time, place and specific acts constituting the fraud or
mistake.

Condition of mind, such as malice, intent, knowledge may be averred generally.

Pleading a judgment-

Section 6 provides that it is sufficient to aver the judgment or decision of a

domestic or foreign court, judicial or quasi-judicial officer tribunal board without
setting forth matter-showing jurisdiction to render it as it is presumed.

An authenticated copy of the judgment or decision shall be attached to the

pleading.

Action or defense based on document-

Under Section 7, when an action or defense is founded upon a written

instrument or document, the substance of such instrument or document shall be
set forth in the pleading, and the original of copy thereof shall be attached to the
pleading as an exhibit, which shall be deemed part of the pleading.

Section 8 requires it to be contested by specifically denying it under oath and

setting forth what he claims to be the fact.

The requirement of an oath does not apply if: (a) adverse party is not/does not
appear to be a party to the actionable document. (b) Compliance with an order
for an inspection of the original document is refused.

When the written instrument or document is not specifically denied under oath,
it will lead to the admission of its genuineness and due execution. This means
that the party executed the document or was executed by someone authorized
by him, it was in the words/figures set forth in the pleading, and that the formal
requirements of law have been observed. Consequently, there is no need to
present it formally in evidence because it is an admitted fact.

A party though is not barred from interposing other defenses as long as it is not
inconsistent with the implied admission.

Pleading an official act or document-

Section 9 states that it is sufficient to aver that document was issued or the act
was done in compliance with law.

Specific denials and affirmative defenses-

(Discussed with Rule 6)

Striking out of a pleading or matter contained therein-

If the pleading or any matter therein is sham, false, redundant, immaterial,

impertinent or scandalous, the court can order the pleading or matter contained
therein to be stricken therefrom (a) upon motion made by a party before
responding to a pleading (b) if no responsive pleading is allowed or permitted by
the Rules, upon motion by a party within 20 days after service of the pleading, or
(c) upon the Court’s own initiative.