Amount of Damages Sought Specified in Both Body of Pleading and Prayer
Supreme Court Circular No. 7-88 mandates that all legal complaints must clearly specify the amount of damages sought, both in the body of the pleading and in the prayer section, to be accepted for filing. This requirement stems from a previous case highlighting the unethical practice of omitting damage amounts to evade proper filing fees. The Court emphasizes that failure to comply will result in the rejection or expungement of the pleading from the record. It also clarifies that jurisdiction over a case is only established upon the payment of the correct docket fee. Strict adherence to this Circular is required across all specified courts and to the Integrated Bar of the Philippines.
Quick Answers
- What is Amount of Damages Sought Specified in Both Body of Pleading and Prayer about?
- Supreme Court Circular No. 7-88 mandates that all legal complaints must clearly specify the amount of damages sought, both in the body of the pleading and in the prayer section, to be accepted for filing. This requirement stems from a previous case highlighting the unethical practice of omitting damage amounts to evade proper filing fees. The Court emphasizes that failure to comply will result in the rejection or expungement of the pleading from the record. It also clarifies that jurisdiction over a case is only established upon the payment of the correct docket fee. Strict adherence to this Circular is required across all specified courts and to the Integrated Bar of the Philippines.
- What type of law is Supreme Court Circular No. 7-88?
- Amount of Damages Sought Specified in Both Body of Pleading and Prayer (Supreme Court Circular No. 7-88) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Amount of Damages Sought Specified in Both Body of Pleading and Prayer enacted?
- Amount of Damages Sought Specified in Both Body of Pleading and Prayer (Supreme Court Circular No. 7-88) was enacted on Mar 24, 1988.
- What is the citation for Amount of Damages Sought Specified in Both Body of Pleading and Prayer?
- Amount of Damages Sought Specified in Both Body of Pleading and Prayer, Supreme Court Circular No. 7-88, Mar 24, 1988 (Philippines)
Law Information
- Reference Number
- Supreme Court Circular No. 7-88
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
March 24, 1988
SUPREME COURT CIRCULAR NO. 7-88
| TO | : | Judges and Clerks of Court of the Court of Tax Appeals, Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts, Shari'a District Courts, Shari'a Circuit Courts, and the Integrated Bar of the Philippines |
| SUBJECT | : | All Complaints Must Specify Amount of Damages Sought Not Only in the Body of the Pleading, But Also in the Prayer in Order to be Accepted and Admitted for Filing. The Amount of Damages so Specified in the Complaint Shall be the Basis for Assessing the Amount of the Filing Fees |
In "Manchester Development Corporation vs. Court of Appeals", No. L-75919, May 7, 1987, 149 SCRA 562, this Court condemned the practice of counsel who in filing the original complaint omitted from the prayer any specification of the amount of damages although the amount of over P78 million is alleged in the body of the complaint. This Court observed that "(T)his is clearly intended for no other purpose than to evade the payment of the correct filing fees if not to mislead the docket clerk, in the assessment of the filing fee. This fraudulent practice was compounded when, even as this Court had taken cognizance of the anomaly and ordered an investigation, petitioner through another counsel filed an amended complaint, deleting all mention of the amount of damages being asked for in the body of the complaint . . . ." aisa dc
For the guidance of all concerned, the WARNING given by the Court in the aforecited case is reproduced hereunder:
"The Court serves warning that it will take drastic action upon a repetition of this unethical practice.
"To put a stop to this irregularity, henceforth all complaints, petitions, answers and other similar pleadings should specify the amount of damages being prayed for not only in the body of the pleading but also in the prayer, and said damages shall be considered in the assessment of the filing fees in any case. Any pleading that fails to comply with this requirement shall not be accepted nor admitted, or shall otherwise be expunged from the record. cd i
"The Court acquires jurisdiction over any case only upon the payment of the prescribed docket fee. An amendment of the complaint or similar pleading will not thereby vest jurisdiction in the Court, much less the payment of the docket fee based on the amount sought in the amended pleading. The ruling in the Magaspi case (115 SCRA 193) in so far as it is inconsistent with this pronouncement is overturned and reversed."
Strict compliance with this Circular is hereby enjoined.
Let this be circularized to all the courts hereinabove named and to the President and Board of Governors of the Integrated Bar of the Philippines, which is hereby directed to disseminate this Circular to all its members.
March 24, 1988.
(SGD.) CLAUDIO TEEHANKEE Chief Justice
Cite This Law
Amount of Damages Sought Specified in Both Body of Pleading and Prayer, Supreme Court Circular No. 7-88, Mar 24, 1988 (Philippines)
Amount of Damages Sought Specified in Both Body of Pleading and Prayer, Supreme Court Circular No. 7-88 (Phil. 1988)
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