DISCLAIMER: The following discussion is for informational purposes only and does not constitute legal advice. For specific concerns or clarifications about pleading an actionable document under Philippine law, consult a qualified legal professional.

PLEADING AN ACTIONABLE DOCUMENT

(Rule 8, Section 7, Rules of Court; relevant jurisprudence)

When a party’s cause of action or defense is grounded on a written instrument—often referred to as an actionable document—there are special requirements under the Rules of Court regarding how that instrument must be pleaded. Below is a meticulous and comprehensive discussion of those requirements, related rules, and jurisprudential guidelines.

1. Definition and Examples of Actionable Documents

An actionable document generally refers to any written instrument on which a party’s claim (cause of action) or defense is based. Common examples:

Contracts (e.g., lease, sale, loan)
Deeds of assignment or mortgage
Promissory notes
Checks
Other similar written instruments evidencing a right or obligation

In Philippine civil procedure, where the complaint (or other pleadings such as an answer) alleges a right or remedy that is derived from a particular document, that document is an actionable document.

2. Manner of Pleading an Actionable Document

A. Setting Forth the Substance

Under Rule 8, Section 7 of the 2019 Amendments to the Rules of Civil Procedure (Philippine Rules of Court):

If the cause of action or defense is based upon a written instrument or document, such as a contract or promissory note, the pleader must set forth in the pleading the substance of the instrument or document and attach the original or a copy thereof to the pleading as an exhibit.
If the instrument or document is not attached, the pleader must state in the pleading why it cannot be produced or attached.

In practice, it is often enough to quote or summarize the essential terms or stipulations of the document (i.e., the “substance”), then attach a copy of it as an exhibit (labeled, e.g., Annex “A”, Annex “B”, etc.). If the entire text of the document is short, counsel sometimes quotes the entire document verbatim in the body of the pleading itself.

B. Exhibit Marking and Identification

The document, if attached, is usually referred to in the body of the pleading with a statement along the lines of:

“A copy of the [Document Name] is attached as Annex “A” and is made an integral part of this Complaint.”
This attachment allows the adverse party (and the court) to readily examine the document on which the claim or defense rests.

C. Excuse for Non-Attachment

If for any reason the pleader is unable to attach a copy of the actionable document—e.g., the document is lost, in the custody of the adverse party, or otherwise inaccessible—Rule 8, Section 7 requires the pleader to allege in the pleading the reason why the document cannot be attached.
The rule generally expects the pleader to provide a factual explanation (e.g., “the original Note is in the exclusive possession and control of the defendant”) to justify non-attachment.

3. Effect of Not Pleading or Improperly Pleading the Actionable Document

Failure to properly plead an actionable document may have adverse procedural consequences:

Possible ground for a motion to dismiss or to strike: If the complaint fails to include the necessary attachment or does not sufficiently allege why it was not attached, the defendant may challenge the sufficiency of the pleading via a motion to dismiss (though the 2019 Revised Rules have modified the motion to dismiss practice, they still allow certain defenses to be raised either in an Answer or in certain instances via motion).
Technical deficiency or confusion in issues: The absence of the document can create uncertainty about what terms or obligations are genuinely in dispute, leading the court to require an amendment or clarification.
Risk of not proving a cause of action or defense: Ultimately, the burden of proving one’s cause of action or defense includes producing the best evidence of the terms of the document. If not pleaded and introduced properly, the proponent party may fail to establish its claim or defense at trial.

4. Denial of Genuineness and Due Execution: Responsive Pleading Requirements

A. Specific Denial under Rule 8, Section 8

When a party’s pleading attaches or sets forth an actionable document, the opposing party who wishes to contest that document’s authenticity or correctness must do so under oath and with the requisite specificity:

General rule: If the defendant (or responding party) does not specifically deny under oath the genuineness and due execution of the actionable document, it is deemed admitted.
Specific denial: Must state the grounds for disputing the document’s genuineness and due execution. A mere general denial is insufficient.

B. Effect of Admission

If the responding party fails to make a specific denial under oath, the document’s genuineness and due execution are deemed admitted, and the only issues left to contest may relate to other aspects (e.g., performance or breach, payment, prescription, etc.), but not the authenticity or correctness of the document itself.

5. Jurisprudential Guidelines

Philippine Supreme Court decisions emphasize that:

Purpose of the Rule: The rule on pleading actionable documents is meant to facilitate the prompt and orderly dispensation of justice by ensuring that the written instruments—foundational to a lawsuit—are brought before the court as early as possible.
Substance Versus Form: As a matter of convenience and fairness, a party must be adequately informed of the precise terms of the document. Merely citing the title of a contract or note without setting forth its essential terms (or attaching a copy) is often viewed as insufficient.
Opportunity to Examine: The attachment of an actionable document gives the opposing party a fair chance to inspect it and prepare defenses. It also guides the court in determining whether the claim or defense is indeed meritorious.

Among the numerous cases reiterating these principles, some well-cited are:

Cruz vs. Court of Appeals, where the Supreme Court stressed the importance of attaching the actionable document or sufficiently accounting for its absence.
Torres vs. Court of Appeals, reaffirming that genuineness and due execution must be denied under oath to avoid implied admission.

6. Practical Pointers for Lawyers

Always Attach: Whenever possible, attach the original or a clear copy of the actionable document to avoid technical objections and to comply with mandatory rules.
Highlight Key Provisions: In the body of the pleading, reproduce or paraphrase the critical terms (i.e., the specific clause that was breached or that confers the right being enforced).
Explain Non-Attachment: If the document is lost or in the possession of a third party, clearly state the reason for non-attachment (e.g., “the original title is with the defendant who refused to surrender it despite written demand”).
Anticipate Defenses: Plead relevant facts that disprove or counter likely defenses (e.g., payment, novation), and ensure any subsequent document that modifies or supersedes the original document is also pleaded.
Check Authenticity and Execution: Before filing, ensure the document is indeed authentic and that you have a proper witness (in case of trial) to testify on its due execution.
Proper Exhibit Labeling: Mark exhibits consistently throughout the complaint or answer (e.g., Annex “A”, Annex “B”, etc.) and cross-reference them in the body of the pleading.
Responding Party’s Burden: If you are the responding party and want to dispute the authenticity or correctness of a document, do so under oath and state detailed reasons for your denial.

7. Relationship to Other Rules

Rule 9 (Effect of Failure to Plead): If a party does not properly deny under oath the genuineness and due execution of an actionable document, the document is deemed admitted for that purpose.
Rule 10 (Amended and Supplemental Pleadings): If a pleader initially fails to attach the actionable document or properly plead it, the deficiency may be rectified by an amended pleading, subject to leave of court if beyond the period for amending as a matter of right.
Rule 8, Section 5 and 6 (Pleading Matters with Specificity): Similar emphasis is placed on stating with particularity conditions precedent, fraud, mistake, or other matters that require details, reflecting the general principle that pleadings must be clear, definite, and give fair notice to the opposing party.

CONCLUSION

Pleading an actionable document under Rule 8 of the Philippine Rules of Court is a critical procedural requirement. By setting forth the substance of the written instrument and attaching the original or a copy (or explaining its absence), a party ensures compliance with procedural rules, affords the opposing party due notice, and preserves the enforceability of their cause of action or defense. Conversely, failing to do so can lead to technical challenges, potential dismissal, or weakening of one’s legal position. Familiarity and strict adherence to these guidelines are essential for any practitioner involved in Philippine civil litigation.

Key Takeaway:
Be meticulous in presenting and attaching actionable documents. A correctly pleaded document not only complies with the Rules of Court but also forms a solid foundation for advancing or defending one’s case in Philippine courts.