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Which has more weight: pleading of party or pleading of counsel?

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jsaldea12


Arresto Menor

The rules for civil procedures for Regional Trial Court says, "Every pleading must be signed by party or counsel? Note that the party is written first, thus, does it mean that the pleading of party is given more weight than pleading of counsel?

jsaldea12
8.25.11

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clanwolf


Arresto Menor
Pleadings signed by counsel bind the client if that lawyer is known to the court to be representing the litigant. Thus, there really is no difference. Where a lawyer appears before a court, he usually files what is called an Entry of Appearance, indicating his authority to appear and bind his client. If the lawyer prepared the initiatory pleading, it usually contains a "verification" indicating that the client has read and understood and ratified what the lawyer wrote. But generally, pleadings written by a lawyer, who is a professional, make more of an impression, than one written by a party. With the former, he knows what to include and leave out to justify the cause of his client.

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jsaldea12


Arresto Menor
continuity:

What if the legal counsel refuse to state cause of action or raise new issue or ground, as asked by the Bench, thus, the Bench will again dismiss the case, is the party justified, in this crucial time, to interfere, submit pleading stating cause of action, within reglamentary period, so that the Bench will not dismiss the case?

Thank you.

jsaldea12
89.1.11

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jsaldea12


Arresto Menor
Another query: can a party sign and submit pleading in RTC, thereby not under oath, although it is wiser to let counsel submit the pleading. But can a party sign and submit pleading as stated in the Rules of civil procedures for RTC?

jsalde12

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lawyeranger


Prision Correccional
hi, i submit there is no comparison to make as between the weight of a pleading signed by a party or a counsel because for one essential reason it binds the person so making the same. The rules in stating that "pleading must be signed by party or counsel" refers to instances when a party is allowed to submit a pleading without the representation of a counsel, e.g. lower courts.

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czarina3469


Arresto Menor
jsaldea12 wrote:continuity:

What if the legal counsel refuse to state cause of action or raise new issue or ground, as asked by the Bench, thus, the Bench will again dismiss the case, is the party justified, in this crucial time, to interfere, submit pleading stating cause of action, within reglamentary period, so that the Bench will not dismiss the case?

Thank you.

jsaldea12
89.1.11

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kat_rin


Arresto Menor
hi there...sori po out topic po ako...
my prob is that...i have a fiance tapos po i found out may naging karelasyon siya na may anak sa ibang lalaki.nalaman ko po number ng babae,nagkatext kami hangang s umabot text text namin sa pagsasabi ng hurting words..like malandi, naikama kana nang ibang lalaki,kawawa anak mo kasi nakikita kalandian mo, disgrasyada...tapos ako naman sinabihan niya whore etc. tapos po nabasa po yong mga text ko sa kanya nang nkaanak sa kanya. and they're planning to file a slander case against me... and ngtthreat po sila sa amin ng fiance ko... ano po ba dapat namin gawin..enough po ba text text namin 2 para mgfile siya slander against me? eh pano ngtext din naman siya sa akin...thanks po!

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