1.

COMPLAINT COMPLAINT: Pleading alleging the plaintiff’s cause or causes

2. ANSWER--15 days from receipt of the summons of action. How filed?
A. Defendant Foreign Corporation (has a
1. Personally
transaction in the Phils)
2. Registered Mail
a.1 If with a resident agent- 15 days to file an
answer ANSWER: There are two (2) kinds of defences
a.2 If without resident agent- 30 days to file an
answer 1. Negative Defenses. How to deny?
 Specific Denial (Deny the material
Note: If the foreign corporation does not have a averments paragraph by paragraph)
transaction in the Phils., it cannot be sued. The court  Denying by lack of knowledge (lack of
cannot acquire jurisdiction. knowledge sufficient to form a belief as to
B. Summons by Publication the truth or falsity of the allegations in the
-60 days to file an answer affidavit)
3. ANSWER TO AMENDED COMPLAINT 2. Affirmative Defenses. A defense of confession and
A. AS A MATTER OF RIGHT: 15 days (without avoidance. Admit the material averments but plead a
leave of court) new matter to prevent recovery PSIE
-Note: 15 days starts a new  Prescription
-Answer is MANDATORY  Statute of fraud (Art 1603)
B. NOT A MATTER OF RIGHT/JUDICIAL DISCRETION:  Illegality
10 days (w/ leave of court)  Estoppel
-Copy of the Amended Complaint must be attached
COUNTERCLAIM: A claim that a defending party might have
to the motion
against the opposing party
-From the time you receive the decision of the court
granting the motion. Note: Answer to a counterclaim is MANDATORY
-Answer is NOT mandatory UNLESS there are matters
which require an answer 1. Compulsory Counterclaim. May arise out of the SAME
4. REPLY TRANSACTION (No need to pay filing fee)
-10 days from the time defendant files an answer -MUST be set up in the answer otherwise barred
-Not mandatory EXCEPT if Actionable Document -Mandatoy
5. ANSWER TO COUNTERCLAIM/CROSS-CLAIM--10
days (w/ leave of court) 2. Permissive Counterclaim. Arose out of a DIFFERENT
-What is referred here is a Permissive Counterclaim TRANSACTION 9pay filing fee)
-Answer to a counterclaim is mandatory -May be set up in the answer OR in another case
6. THIRD PARTY COMPLAINT Elements of Compulsory Counterclaim (C A A J A)
15 days (w/ leave of court)
7. ANSWER TO SUPPLEMENTAL COMPLAINT 1. Cognizable by a regular court of justice
-10 days (w/ leave of court) from receipt of the order 2. It arises out of or is connected from the main case
admitting it 3. It does not acquire for its adjudication the presence
-Motion for Supplemental Pleading is always with of third parties in which the court cannot acquire
leave of court jurisdiction
8. BILL OF PARTICULAR 4. Must be within the jurisdiction of the court as the
If granted: within 10 days from the order unless a amount and nature thereof. Except, those original
different date is fixed by the court. BUT should not be action in the RTC
less than 5 days. 5. Defending party has a counterclaim at the time he
9. MOTION TO DISMISS files his answer.
A. Granted- Case is Dismissed
CROSS-CLAIM: A claim by one party against a co-party arising
B. Denied- Defendant has to file his answer within
out of the transaction or occurrence that is the subject matter
the balance of the period prescribed in Rule 11
but not less than 5 days in any event (Sec. 4) 1. Either from the original action
2. From the counterclaim

REPLY (Not mandatory unless answer is based on an

ACTIONABLE document)
THIRD PARTY COMPLAINT (4TH, 5TH, ETC): For the purpose of 2. You may copy in verbatim
Contribution, Indemnification, Subrogation, &
How to contest?
Reimbursement
1. Must specifically deny
Four Test to determine propriety of 3rd Party Complaint
2. Under Oath
(A C L A)
3. And duly verified (If not verified, the genuiness and
1. Arises out of the same transaction due execution of the document is deemed
2. Arising from another transaction, but is connected admitted, although NOT its contents. It may be
with the plaintiff’s claim rebutted)
3. Whether 3rd party defendant will be liable to the
original plaintiff’s claim Exceptions
4. Whether the 3rd party defendant may assert any
defense which the 3rd party plaintiff has or may have 1. When the adverse party is not a party to the
against plaintiff’s claim. document
2. When the order for the inspection of the document
Note: Not available in criminal cases (Sec 1, Rule 111) Case of is not complied with (Rule 27)
Cabaero vs. Cantos 3. Defendant desires to deny only part of the
averment—Partial Denial, Partial Admission
Rule 7: Parts of a Pleading
General Rule: Allegations that are not specifically denied are
1. Caption (Name of court; docket number; title of the deemed admitted.
action)
2. Title of the Action (Names of the parties. All shall be  Denial of allegations must be done in good faith
names in the original action)  Negative Pregnant: When denial is done generally,
3. Signature and Address (Warranty of the lawyer; verbatim, it is a vague denial—treated as an
Implied certification of the genuiness of the admission—has an affirmative implication
pleading)
Exceptions:
4. Verification (Pleader certifies that he caused the
preparation of the pleadings; and that the 1. Allegations as to the amount of damages
allegations are true and correct based on his 2. Allegations which are immaterial to the cause of
“personal knowledge and belief based on authentic action
records”’ 3. Allegations in the complaint where no answer has
Gen Rule: Pleadings need not be verified only when been filed by the defendant
they the law provides (Rule 42, 43, 45, Special Civil
Actions) Rule 9: Effect of Failure to Plead
5. Certificate of Non-Forum Shopping General Rule: Defenses and Objections not raised are deemed
-Required only in Initiatory Pleadings (Complaint, waived
Counterclaim, Crossclaim)
-Mandatory only in PERMISSIVE counterclaim Defenses and Objections not deemed Waived:
-Must be prepared by petitioner himself
1. Lack of Jurisdiction over the subject matter
Rule 8: Manner of Making Allegations 2. Litis Pendentia
3. Res Judicata
How allegations are made: Depends on what matter you’re 4. Prescription of Action
alleging 5. Issues not raised are tried with the express or implied
1. Condition precedent (General): 1 sentence is enough consent of the parties. Shall be treated in all respects
2. Capacity to Sue (Particularity): State from what as if they have been raised in the pleadings.
capacity? Note: Counsel should be vigilant. This is not allowed
3. Allegation of Fraud or Mistake (Particular): Describe and should be objected to. But if he fails to do so,
everything. How it was committed. issue may now be entertained by the court ---
4. Allegation of Judgment (General) AMENDMENT NECESSARY TO CONFORM TO
5. Official documents or acts EVIDENCE (Court will order the amendment of
complaint)
Actionable Document: How do you plead?

1. You may cite the pertinent portion

Rule 10: AMENDMENT AND SUPPLEMENTAL PLEADINGS 2. By way of Amended Complaint

1. Amendment as a Matter of Right (w/out leave of
court)
-No responsive pleading filed yet
-Without leave of court
-Can amend whether Formal or Substantial
-Can be availed of only once. Next amendment will
require leave of court
-Defendant may also amend his answer as a matter
of right (meaning w/out leave of court) IF Plaintiff
has not yet filed his reply (within 10 days)
-Plaintiff may also amend his reply
2. Amendment as a Matter of Judicial Discretion
-Defendant has already filed a responsive pleading
-Leave of court is required
-Acceptance of the court is a matter of judicial
discretion whether or not it is a matter of right or
judicial discretion
When Amendment must be DENIED:
1. When amendment is to delay the action
2. When the amendment is for the purpose of
conferring jurisdiction upon the court
3. When it is for the purpose of curing a premature or
non-existing cause of action
Effect of Amendment
 Amended Complaint supersedes the original
complaint. It is now deemed withdrawn
 Responding party is given another fresh period of 15
days to file an answer
 Superseded pleading may be received as an
evidence against the pleader. In the nature of a
judicial admission considered “extrajudicial
admissions”
SUPPLEMENTAL PLEADINGS: Transactions that transpired
after the pleading.
 Upon motion of the party
 With reasonable notice to the other party
 Once approved, adverse party may plead thereto
within 10 days from notice of the order admitting it
 Merely an addition to the original pleading
 Always with leave of court unlike an Amendment
that can be a matter of right.
Rule 12: Bill of Particular: Asking for sufficient definiteness or
particularity in a pleading (Judge can outrightly deny or grant
his motion)
How is it presented?
1. Separate Pleading
Rule 13: Filing and Service of Pleadings, Judgement and other
papers (vis a vis requirement for summons)
How to file?
1. Personally
2. By Mailing
a. Registered Mail (The day that you mail is the day
of filing) More preferred way
b. Ordinary Mail (Date of actual receipt of court is
the day of filing)
Note: In the Service of the Complaint, Plaintiff is not required
to furnish the defendant with a copy. It is the duty of the court
through the issuance of summons attached with the
complaint.
How to serve pleading to the other party? (SUBSEQUENT
PLEADINGS) Note: *SERVICE OF PLEADING TO OTHER PARTY
must come first BEFORE filing of pleading in court.
Needed for Affidavit of Proof of Service- Before the court will
accept your pleading
1. Personally (Preferred mode)
a. Delivering personally to the party or his counsel
b. Leaving it in the office of the lawyer
c. If not around, any person in charge (Secretary)
d. If lawyer not found in the office, serve to their
residence
e. If not found in his residence, give to any person
of suitable age and discretion residing therein
2. Mailing through registered mail- Must serve it with
explanation. Must be because of practical reasons
3. Substituted Service of Pleadings
 Consist of delivering a copy to the clerk of
court
 Only allowed when you cannot serve copy of
the pleading to the lawyer or his client
Decisions of the Court Must be served on both parties
1. Personally (but cannot be done by substituted
service)
2. By registered mail
3. Publication (ONLY if summons is also done by
Publication
Rule 14: Summons
Mode of Service
1. Personal Service
2. Substituted Service of Summons
a. Any competent person in charge in the office
(Secretary)
 b. In his residence, any person of suitable age and
discretion residing therein
3. Service of summons by Publication (Summons must
first be send/MAILED to his last known address. As
compliance)
 Defendant cannot be found in the Phils.,
does not reside herein
 His whereabouts are unknown and cannot
be ascertained by diligent inquiry
 Defendant is a resident but is temporarily
out

When Extra-territorial Service of Summons is allowed

1. Action involves personal status of the plaintiff

2. Action involves a property of the defendant located in
the Phils
3. Relief demanded requires defendant to be excluded
in any interest therein.

Modes of Extra-Territorial Service of Summons

1. Personal Service (If residence in foreign country is

KNOWN)
2. By Publication (Best Proof: Affidavit of Publisher-
newspaper clipping)
3. In any other manner the court may deem sufficient
(Carriaga vs Malaya) By mailing

Rule 15: Motions in General- An application of relief other

than a pleading

Requisites for a Valid Motion

1. Must contain specific reliefs prayed for and the

sufficient grounds relied upon (Accompanied by a
supporting Affidavit of Merit)
2. Must be set for hearing on a particular date
 Only if it’s a LITIGABLE MOTION/ CONTESTED
 Must not be beyond 10 days from the time
you filed your motion
3. Notice of Hearing- Addressed to the other party NOT
to the clerk of court (MANDATORY)
4. Proof of Service

Note: if not complied with, considered a Proforma Motion

Rule 16: Motion to Dismiss- Preliminary objection to the

complaint filed by the Plaintiff