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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSIII. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC)E. Pleadings2. Parts and Contents, Formal Requirements - Rule 7

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Question

E. Pleadings - Parts and Contents, Formal Requirements - Rule 7

Scenario:

Mr. John Smith, a resident of Manila, Philippines, purchased a faulty laptop from ABC Electronics, a company specializing in the sale of electronic devices. The laptop, which was advertised as brand new, started malfunctioning within a week of purchase. Mr. Smith attempted to contact ABC Electronics to have the laptop repaired or replaced, but his requests were ignored.

Consequently, Mr. Smith decides to file a complaint against ABC Electronics in the Regional Trial Court (RTC) of Manila. He seeks to recover the amount he paid for the laptop, damages for the inconvenience caused, and attorney's fees.

Question:

Mr. Smith drafts and files a complaint against ABC Electronics in the RTC of Manila. Discuss the following:

  1. What are the essential parts of the complaint that Mr. Smith must include to comply with the formal requirements under Rule 7 of the Rules of Court? Explain each part.
  2. What are the specific allegations that Mr. Smith should include in the complaint to support his claim for the recovery of the amount he paid for the laptop, damages for the inconvenience caused, and attorney's fees?
  3. What are the consequences if Mr. Smith fails to comply with the formal requirements of a complaint under Rule 7? Can the court dismiss his complaint outright? Explain.

Answer

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