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In many lawsuits there are several causes of action stated separately, such as fraud, breach of contract, and debt, or negligence and intentional destruction of property.
Meanwhile, Article 2216 of the Civil Code does not provide a minimum amount for moral and exemplary damages and leaves it entirely to the discretion of the courts. Jurisprudence similarly pegs the amount at P100,000.00.
How to File a Case in the Philippines Consult a Lawyer. The first step in filing a case is usually to consult with a lawyer. ... Prepare the Complaint. The complaint is a formal document that starts a lawsuit. ... Attach Supporting Documents. ... File the Case. ... Service of Summons. ... Await the Defendant's Response. ... Attend Hearings. ... Decision.
In order to properly write a cause of action, several things must be included. The names of the Plaintiff and Defendant. The legal means by which the Plaintiff is bringing the lawsuit. Be sure to only include the facts, not opinions. ... Offer expert opinions and lay out the evidence. ... Request of relief.
Comply With the Relevant Federal, State, and Local Rules. ... Research Before Writing. ... Allege Subject Matter Jurisdiction, Personal Jurisdiction, and Venue. ... Jurisdiction. ... Draft Concise and Plain Statement of the Facts. ... Factual Allegations. ... Draft Separate Counts for Each Legal Claim. ... Plead Facts With Particularity Where Necessary.