Allegations of Conditions of the Mind & Official Acts

When making averments of fraud or mistake, the circumstances constituting such fraud or mistake must be stated with particularity (Sec. 5, Rule 8). It is not enough for the complaint to allege that he has been defrauded by the defendant or that the defendant has made a mistake.

Under Rule 8, the complaint must state with particularity the fraudulent acts of the adverse party. These specific details would necessarily include the time, place and specific acts of fraud committed against him.
Malice, intent, knowledge or other conditions of the mind of a person may be averred generally (Sec. 5, Rule 8). Unlike in fraud or mistake, conditions of the mind need not be stated with particularity. The rule is borne out of human experience. It is difficult to state the particulars constituting these matters. Hence, a general averment would suffice. ADVERTISEMENT: Work from home! Be an online English tutor. Earn at least PHP100/hour.