1. 1. Answer to complaint 15 days from service, unless different period fixed by the courts;
2. 2. Answer of defendant foreign private juridical entity when service of summons is made
on the government official designated by law, answer to be filed within 30 days from receipt
of summons by such entity.
3. 3.
Answer to amended complaint if amended as a matter of right, 15 days from being
served with copy thereof
If amended not as a matter of right, 10 days from notice of order admitting the same
Answer earlier filed may be answer to amended complaint, if no new answer is filed
Applicable to amended counterclaim, cross, third, etc,
1. 4. Answer to counterclaim or cross-claim within 10 days from service.
2. 5. Answer to 3rd party complaint 15 days from service
3. 6. Reply may be filed within 10 days from service of the pleading responded to.
4.
Rule 12 Bill of Particulars
1. 1. Bill of particulars
1. Period of filing motion before responding to a pleading; if pleading is a reply, within 10 days
from service thereof;
2. Order for bill must be complied with in 10 days from notice OR period fixed by court
3. After service of bill or denial of motion party has balance of time he was entitled to file
responsive pleading, but not less than 5 days
Motion for Bill of Particulars may NOT call for matters which form part of the proof of the
complaint. Thus, motion should not be granted if the complaint, while not very definite,
nonetheless already states a sufficient cause of action.
Rule 13 Filing and Service of Pleadings, Judgments and Other Papers
1. 1. Kinds of service of pleadings:
1. Personal service to be done whenever practicable (Most preferred mode)
2. Service by mail (ordinary if no registered mail)
3. Substituted service (delivering copy to clerk of court with proof of failure of 1 st 2 modes)
Except with respect to papers emanating from the court, a resort to other modes must be
accompanied by a written explanation why the service or filing was not done personally.
Violation of rule may be cause to consider the paper as not filed.
1. 2. Kinds of service of final orders:
1. Personal
2. Registered mail
3. Publication (if summons by publication)
3. Proof of personal service
1. Written admission of party served;
2. Official return of the server; or
3. Affidavit of party serving, containing a full statement of the date, place and manner of
service.
Rule 14 Summons
1. 1. Contents of summons
2. 2. Kinds of service of summons:
3. Handing a copy to the defendant in person; OR
1. If he refuses to receive and sign for it, by tendering it to him
2. Substituted:
1. Leave copies at his residence, with person of suitable age and discretion residing
therein; OR
Rule 15 Motions
1.
2.
1.
2.
1.
2.
3.
4.
A prudent judge would, in the absence of the opposing party in the hearing of a motion,
inquire from the other party or inquire from the records the proof of the service of notice rather
than proceed with the hearing. He should not rely on a partys undertaking to notify the adverse
party of a scheduled hearing. The judge must demand what the rule requires, i.e., proof of such
notice on the adverse party. Otherwise, a contentious motion should be considered a mere scrap
of paper which should not have even been received for filing.
Subsequent service of the motion on the adverse party may be considered substantial compliance
with the Rule 15, 6. Failure to attach to the motion proof of service thereof to the adverse party
is not fatal when the adverse party had actually received a copy of the motion and was in fact
present in court when the motion was heard.
Rule 16 Motion to Dismiss
1. 1. Motion to Dismiss must be filed within the time for and before the filing of an answer to
complaint.
2. 2. Grounds for motion to dismiss:
1. Court has no jurisdiction over the person of the defendant- unlike old rule, inclusion in
motion to dismiss of other grounds aside from lack of jurisdiction over the person does NOT
constitute a waiver of the said ground or voluntary appearance;
2. Court has no jurisdiction over the subject matter of the claim;
3. Venue is improperly laid;
4. Plaintiff has no legal capacity to sue;
5. There is another action pending between the same parties for the same cause;
Requisites of litis pendentia:
1. Identity of parties/interest
2. Identity of rights asserted and prayed for/relief founded on the same facts;
3. Identity of the 2 cases (such that judgment in one would amount to res judicata in the other)
6. Cause of action is barred by a prior judgment or by statute of limitations;
Requisites of res judicata:
1. Final judgment or order
2. Rendered by court of competent jurisdiction
3. On the merits (even without trial, such as cases decided by Judgment on the Pleadings,
Summary Judgment, or dismissed for failure to prosecute or for refusal to obey an order of
the court)
4. Identity of the parties
7. Pleading asserting claim states no cause of action;
8. Claim or demand in the plaintiffs pleading has been paid, waived, abandoned, extinguished;
9. Claim on which action is founded is unenforceable under the statute of frauds;
10. Condition precedent for filing has not been complied with (this includes prior recourse to
barangay conciliation, or failure to make attempts to reach a compromise in cases between
members of the same family)
The court shall not defer the resolution of the motion for the reason that the ground relied upon
is not indubitable.
3. Actions that court may take on a Motion to Dismiss:
1.
2.
3.
4.
5.
1. Calendar of cases to be kept by clerk of court for cases set for pre-trial, trial, those whose
trials adjourned or postponed and those with motions set for hearings.
1. 2.
Preference given to habeas corpus, election cases, special civil actions and those so
required by law.