CHAPTER 1

INTRODUCTION

1. Scope.

The subject, “Practical exercises in pleading and conveyancing,” is one of the subjects in the bar
examinations. This underscores the need for thorough knowledge of this subject not only for passing the
bar examinations but also for preparing oneself in the practice of law.

While lawyer may devise his own legal forms that suit him, it is necessary that all requirements
of law or the rules of pleading be incorporated therein. When the law or rules prescribe certain
requirements, they cannot be dispensed with without rendering the legal forms or pleading prepared
for particular purposes incomplete or defective.

This book consists of two parts: Part 1 covers pleadings, motions and other judicial forms; and
Part 2 refers to conveyancing, particularly those documents which are required to be registered under
the Presidential Decree No. 1529, known as the Property Registration Decree, which replaced the Land
Registration Law (Act No. 496)

The bar subject, “Practical Exercises in Pleading and Conveyancing,” is restrictive in scope. While
pleading has technical meaning, it is commonly understood to include motions, petitions and other
papers filed in court and not in quasi-judicial bodies. In this sense, the scope of the present study does
not include pleadings and papers filed in quasi-judicial agencies, which have separate rules of procedure.
However, once a student or a lawyer becomes knowledgeable in the requirements of the Rules of Court
on the preparation of pleadings and other papers therein prescribed, it is easy to prepare pleadings or
other papers that may be required in quasi-judicial agencies, as they have similarities with those filed in
courts. But before a student or lawyer attempts to write a pleading or other papers to be filed in quasi-
judicial agencies, he must first study the particular rules of procedure adopted by the specific quasi-
judicial tribunal concerned.

Neither does the present study include all documents or instruments required by specific
provisions of the Civil Code, commercial laws, and other laws, or by specific agencies. This book is
limited to conveyancing, as it is understood in law, which refers to any instrument by which any interest
in real estate is created, alienated, mortgaged, or assigned, embracing voluntary and involuntary
conveyances, required to be registered with the Registry of Deeds pursuant to the Property Registration
Decree or Pres. Decree No. 1529.

The book is not all legal forms. It includes pertinent provisions of the Rules of Court, principles of
law on the subject, and remedies that may be pursued to prosecute or defend causes of action in court
from trial court to the Supreme Court. The legal forms merely illustrate the rules and principles. For this
reason, the book combines rules of practice, the legal remedies required for specific purposes, and the
legal forms necessary to implement them. In this sense, this book is also a reviewer in Remedial Law.
2. Pleadings and motions defined.

Pleading - written statement of the respective claims and defenses of the parties
- Submitted to the court for appropriate judgment.
- It is what a litigant alleges in his complaint, petition or answer and other papers file
in court.

Test of good pleading

- Is whether the information given is sufficient to enable a party to plead and prepare
for trial