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...................Rule 8 MANNER OF MAKING ALLEGATIONS IN PLEADINGS Questions in Quiz.. 1)Which is wrong? Failure to attach a non forum shopping is a) not curable by amendment b) a ground for dismissal without prejudice c) a ground for dismissal with prejudice d) shall constitute direct contempt ANSWER: A is correct what you will do is you have to re file it B is correct if the order is are from them the dismissal is without prejudice C also correct provided the order stated in the case is with prejudice so the what is wrong is D it cannot be sometimes failure to attach a non forum shopping is you forgot it so why charge a direct contempt 2) Which requires a certificate of non- forum shopping? a) a permissive counter claim b) a compulsory counter claim c) a cross claim d) an answer Note: Only an initiatory pleading requires a certificate of non- forum shopping because you have initiated it and there might be a danger you have initiated it somewhere else. Permissive counterclaim you can initiate it and you can have it raised as a counter claim but you can also raise it somewhere else and there might be a danger you have initiated it somewhere else. While compulsory counter claim.. no problem because you can raise it in no other place but in the court where the case is litigated. Cross claim..not required anymore, you have to raise in the same proceedings.. if not raise in the proceeding you are forever barred. Answer definitely is not initiatory 3) Which statement is wrong? a) a party can sign a certificate of non forum shopping b) counsel can sign of non- forum shopping c) a party can sign the verification d) a counsel can sign the verification ANSWER: counsel cannot sign except if the counsel is an in house counsel

Few portions of Rule which are important: Important matter that needs to be mastered, the matter on actionable document and also the matter on making specific allegations Sec. 1. In general. Every pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts on which the party pleading relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary facts. (1) If a defense relied on is based on law, the pertinent provisions thereof and their applicability to him shall be clearly and concisely stated. (n) What must be contained? 1. Ultimate facts will constitute your cause of action without it your pleading will be defective, as against evidentiary facts will come in during the trial [irrelevant facts] Do not omit facts to better understand, there might be some gaps in the understanding of the judge but generally that should not be included 2. Law relied upon must be put in your defense or in your answer, but only in defense, not complaint (why do you emphasize that? when you make a pleading you discuss everything there but you have to understand that this is not yet the time to win the case, in the pleading you are simply stating the ultimate facts) [Must you attach documents?] nothing in the rule states that you attach documents, you are only force to attach if the document is an actionable document Why do you emphasize that? not mandated by law but do it sparely then you can save the unnecessary expenses [Purpose of the pleading is to inform court of controversy, not to prove anything proof will come in during trial, not to argue, you only argue in a memorandum not in the complaint] You only simply state what the case is all about

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Sec.2. Alternative causes of action or defenses.A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements.(2) Why is this very important? Because it is possible that you can join several causes of action in one pleading or you can also join several causes of action of several parties. You can do it alternatively or you can do it hypothetically. They are difficult to distinguish because they are closely related on the way you alleged it. Manner of setting up alternative pleas: 1.Alternative: quasi-delict or breach of contract Example: a vehicle who bumped another vehicle.. so you have possible two causes of action.. you can do it by filing breach of contract or tort. You can obtain relief from one or the other in an alternative but never to both of them. 2.Hypothetical: payment, statute of fraud or prescriptionYou do it in the same way when you say hypothetical you are setting up different lines of defenses. For instance sum of money.. my main defense is payment but however assuming that I havent yet paid because I already have forgotten because I have borrowed money from different people.. this is covered by statute of frauds because it is not in writing..Assuming I have not paid and assuming it is not covered by statute of fraud, my third possible defense is prescription so any of them can win the case. Assuming for the sake of argument if my first line of defense will not lie I will use the other. If you try to look at it is almost like alternative but in alternative it can really be both ways in this one the other one will not work. Sec. 3.Conditions Precedent. In any pleading, a general averment of the performance or occurrence of all conditions precedent shall be sufficient. (3) Forms of averment/denial: 1. General 2. Specific 3. No knowledge 4. Documents- cannot apply to actionable documents because you have to do it under oath Conditions precedent: examples: means you have to do this before the action can prosper a. referral to Lupon- you can refer disputes to Lupon generally because general averment will be sufficient when it comes to condition precedentwhether you do it interpleader or you mediate in the barangay b. Art. 151, FC earnest efforts in suits between family members In instances also in cases of ejectment or in unlawful detainer there is a condition precedent that you make a demand. Like for example somebody occupies your properties by tolerance and you make a demand to vacate without that you really have no cause of action. A demand is necessary. Sec. 4.CapacityFacts showing the capacity of a party to sue or to be sued or the authority of a party to sue or to be sued in a representative capacity or the legal existence of an organized association of persons that is made a party, must be averred. A party desiring to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued in a representative capacity, shall do so by specific denial, which shall include such supporting particulars as are peculiarly within the pleaders knowledge. (4) (usually it is put number one in a pleading) How to aver facts on capacity to sue: 1. Natural person: That plaintiff is of legal age 2. Juridical person: That plaintiff is a banking corporation duly organized and existing under the laws of the Philippines. Will it be sufficient if I start my pleading by saying that plaintiff has a capacity to sue or be sued will it be correct? Will that comply with the rules? or Must I add that the plaintiff is of legal age with a capacity to sue or be sued? It is answered by the rules it must be facts showing the capacity of a party to be sued and it is enough to say I am of legal age. If you will just say that the plaintiff has capacity to sue or be sued that is conclusion of law that is why I have to put a

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specific fact there that is must be stated in a very technical way but no problem of adding with capacity to sue or be sued. Foreign Corporation: guidelines 1. Licensed to do business comply with the necessary requirements to operate [can sue and be sued] 2. Not licensed to do business- you have to make a distinction a) Isolated transaction [can sue] if entered in an isolated transaction means you order through email and pay through credit card so what happens is it can sue and it can be sued; however it cannot be sued because there is no way you can serve summons on a non resident defendant..it will now depend on the nature of the action that you file b) Doing business [cant sue] while one which do business regularly... it cannot sue but it can be sued.. why? this based on logic because you are doing business here illegally as a penalty you are not allowed to sue here.. assuming you can serve summons you are allowed to do it Converse v. Universal, 147 SCRA 154 3. Representative capacity: That defendant is the court-appointed administrator of the Estate of the late Juan de la Cruz One who denies capacity to sue must raise the issue in a specific denial with supporting particulars/ documents what do u mean by that? you cannot simply say I have no knowledge and belief as to the truth of the allegation you must deny with particularity ( you must say the truth is it is not registered) Sec. 5.Fraud, mistake, condition of the mind.In all averments of fraud or mistake, the circumstances constituting fraud or mistake must be stated with particularity. Malice, intent, knowledge or other condition of the mind of a person may be averred generally.(5a) A: Specific 1. Fraud 2. Mistake (+threats & deceit & undue influence) [legal conclusions] spill out the details constituting the deceit..this can be manifested B. General 1. 2. 3. 4. Malice Intent Knowledge Other conditions of the mind

Why important? Because if you make a general denial even though it must be done specifically..it is simply considered admission and the court can render judgment against you. Sec. 6.Judgment.In pleading judgment or decision of a domestic or foreign court, judicial or quasijudicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it. (6) Possibilities: judgment can be averred generally because there is no need to spill out the matters showing jurisdiction because you simply say there is judgment 1. domestic res judicata.. the judgment must have to be invoked 2. foreign enforcement of judgment .. the rule is if you win a case from other foreign country if the other side has no property there you can execute it in the Philippine if it turns out that it has a property here. That is what is happening to the Marcos case. Sec. 7.Action or defense based on document.Whenever an action or defense is based upon a written instrument or document, the substance of such instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be attached to the pleading as an exhibit, which shall be deemed to be a part of the pleading, or said copy may with like effect to be set forth in the pleading. (7) Actionable document:

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An actionable document is a document which is the very basis or foundation of a partys cause of action or defense and is not merely an evidence of his cause of action or defense. Which is not an actionable document? Promissory note- actionable Medical Certificate in an action for damages arising from vehicular accident- not actionable..this serves as an evidence only of the damage done that is not the basis of ones claim How pleaded: 1. Summarize content + attach copy, or ( oblige to attach) 2. Re-type in the body of pleading- no longer need to be attached because it becomes duplicitous -Must if be verified? In actionable documentthere is nothing in the rules that pleadings even actionable need to be verified When only need to be verified? When you are contesting the authenticity of the actionable document or documents -Must it be attached? In no.1 need to attach but no.2 there is no requirement because if you only have summarized the content you have not properly pleaded an actionable document Examples: 1.Action to collect on promissory note 2.Action to rescind lease contract 3.Action to foreclose a mortgage (contract) 4.Defense founded on payment- (my defense for payment will be receipt so this will serve as the actionable document now if I have to deny the authenticity of the document then I have to do it under oath) 3. Reversion of land, as to Title?-dispute as to content: genuineness and due execution-not a party to the document [contract only?] the rule of actionable document will not apply if the other is not a party to the document..apparently it cannot be a party to the title issued by the government 4. Certificate to File Action- not actionable document 5. Letter of Demand- not actionable, a condition precedent required only.. not the basis of the cause of action Sec.8. How to contest such documents.- usually where BAR questions are gotten When an action or defense is founded upon a written instrument, copied in or attached to the corresponding pleading as provided in the preceding section, the genuineness and the due execution of the instrument shall be deemed admitted unless the adverse party, under oath, specifically denies them, and sets forth what he claims to be the facts; but the requirement of an oath does not apply when the adverse party does not appear to be a party to the instrument or when compliance with an order for an inspection of the original instrument is refused. (8a) Requirement for contesting: 1. Deny specifically not just generally 2. Do it under oath Otherwise, authenticity and due execution is admitted. Defenses inconsistent with them are barred. Casent v.PhilBanking, 533 SCRA 390 (2007) - This is for collection for sum of money by the bank Answer in case for unpaid loan, defendant claimed dacion en pago by which property was ceded to extinguish loan. So they attached dacion en pago. Plaintiff filed no reply. ( deemed to have admitted the due execution and authenticity of the document) The principle is: REPLY is optional But there is exceptional: when the defense is founded on an actionable document you are bound to make a reply If you fail to contest in accordance to the rules you are deemed barred Barred: General-

Questions: 1. Annulment of sale of titled land due to breach of contract, as to Title? The actionable document will be the contract of sale not the title 2. Delivery of Title, as to Title? For instance replevin, I want to obtain the title in your possession

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inconsistent with authenticity..Duress here can still be set up/ its a bit strange but it is not barred 9. Minority or insanity/incompetency Sec. 9.Official document or fact.In pleading an official document or official act, it is sufficient to aver that the document was issued or the act done in compliance with law. (9) Other sections involving official documents: 1.Condition precedent [Sec. 3] barangay conciliation 2.Judgment or decision [Sec. 6]- no need to verify -aver that issuance was in compliance with law -no need of annexing -no need of verification Sec.10. Specific denial.A defendant must specify each material allegation of fact the truth of which he does not admit and, whenever practicable, shall set forth the substance of the matters upon which here lies to support his denial. Where a defendant desires to deny only a part of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Where a defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment made in the compliant, he shall so state and this shall have the effect of the denial. (10a) 3 ways: 1.Deny each fact and present your version, if practicable- the facts you rely on to support your denial 2.For partial denial, specify which part you are denying A negative pregnant is a denial pregnant with an admission of the substantial facts alleged in the pleading equivalent to an admission of the fact and only qualification is deemed denied .... these are the ways.. I charged you with occupying my property illegally.. I charged you... defendant with the use of force and intimidation entered my property and occupied it illegally.. you are the defendant.. you do not deny that you entered illegally because you are there but you do not agree that you use force and intimidation.. so they will just say that defendant denies that he used force and intimidation.. so if you do it that way you are simply denying the

1.Genuineness: Not fake, counterfeit or tampered, or that the party whose signature appears signed it. ( If admitted you cannot later on claim that it is fake, counterfeit or tampered especially if the parties have signed it and refused to accept that it is our signature) 2.Due execution if signed by an agent, (you can no longer plea that the agent was not authorize) he was authorized; if by a corporate officer, ( you cannot claim that the officer has no authority) he had authority to bind the corporation; or within the corporate powers and it is not ultra vires [BPI v. IAC, 164 SCRA 630] Barred: Specific- if you fail to contest it you cannot claim the following: 1. Forged signature 2. Agent not authorized 3. Corporation has no authority under its charter to enter into the contract 4. At time it was signed, words and figures were different- example check or maybe promissory note maybe your signature is correct there but the promissory note from one thou was changed to 1M but did not contest it you did not put under oath the genuiness 5. Document not delivered- delivery is essential Exceptions/Still Not Barred: 1. Adverse party is not a party to instrument; [Kalilid v. IAC, 155 SCRA 594 (1987)] 2. Proponent of document refused inspection of original. (party need to disclose evidence Not barred: why not barred? Because they are not inconsistent with authenticity and undue execution 1. Payment- you will be allowed to present evidence 2. Want or illegality of consideration- it is your signature there however there is no consideration 3. Fraud 4. Mistake 5. Compromise--- nothing to do with the integrity of the document to the authenticity you have submitted but there are others not barred for instance.. 6. Prescription.. why should it be barred..logic will tell us 7. Estoppel 8. Duress- for instance I did not deny that due execution but when I signed that you were pointing a gun at me/ is that barred? not barred..that is still not

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qualification that you did it by force but you have deemed admitted that you are in possession or occupying the property Facts you rely upon: -Republic v. Sandiganbayan, 408 SCRA 190 (2003) forfeiture of ill gotten wealth: lawfully acquired the court says wrong..judgment was rendered against them.. the lawyer committed mistake [without detailing how exactly these funds were supposedly acquired legally by them] meaning you state the facts of the basis of your denial.. to say you simply lawfully acquired is general that amounts to admission where in fact it was illegally acquired Aquenty v. Tibog, 511 SCRA 41 the complaint against them was for recovery of some sum of money that we have not obtained any money from plaintiff for which we did not issue a receipt therefore. you noticed they are not denying actually that they have obtained money but they are simply saying that we did not get anything without issuance of any receipt... the court can render judgment based on that admission.. that would be dangerous if you deny it properly This is a weak denial... No knowledge or information sufficient to form a belief -Can apply to claims for moral damages like wounded reputation, sleepless nights, mental anguish because for the reason that we do not know that you were experiencing those..but the court stated that do not abuse it -Capitol v. Yabut, 32 SCRA 1 purchase of car/executed a promissory note but the court said you are charged purchasing a car the car is in your possession how do say you do not know if it there or not so you do not make a general denial -Gutierrez v. CA, 74 SCRA 127 employer-employee / I am an employee of Juan Dela Cruz and the other side will say I have no knowledge sufficient to a form a belief .. the court said you look at your payroll there and you should know if he is your employee or not.. you cannot use this kind of denial.. this will apply only to matters which are cannot be known by the person making the denial otherwise it will be considered an admission Sec.11. Allegations not specifically denied deemed admitted.Material averment in the compliant, other than those as to the amount of unliquidated damages, shall be deemed admitted when not specifically denied. Allegations of usury in a complaint to recover usurious interest are deemed admitted if not denied under oath.(1a,R9)

Example: The other side makes an allegation with my clients which are true; I do not want to deny it and exposed my client to perjury. I will just ignore it, so what does the rule say if I just ignore it, what would be the result? apply section11 Rule: Allegations are deemed admitted, if not denied, exceptions: 1.Unliquidated damages [liquidated damages pertain to amount stipulated in the contract which parties agree as the reasonable amount in the event of breach] for instance you have borrowed something and you made a contract with me, there is a provision that in the event you did not return to me you will pay two thousand monthly.. so that amount can be determined so that is liquidated but if you simply say as a consequence of your failure to return the object to me I suffered moral damaged.. there is no basis to compute that.. so we call that unliquidated so the result is if unliquidated damages specifically denied they are not deemed admitted meaning I can still present evidence to counter act during trial 2. Allegations of usury [denial under oath] Liam Law vs. Olympic Sawmill, 129 SCRA 439; Security Bank v. RTC, 263 SCRA 483 [suspended]; Cuaton v. Salud, 421 SCRA 278] [10% monthly] why weird?!if there is admission in usury.. you must deny specifically underoath.. Another example of a pleading that must need to be verified.. denial of an allegation of usury has to be verified otherwise it is considered to be an admission because the rule is pleadings need not be verified but when you deny usury it must be verified. The problem now is what is the rule now in usury? There is no more law in usury already abolished meaning you can charged as high as you want because there is no longer law in usury so you can charge as high as you want. The civil code provides for the amount of interest of how much you can charged.. 6% per annum.. That is the legal rate in the excess of that is considered usurious, however Marcos exercising his law making powers authorized Central Bank to fix the rate of interest in Money Lend. It increased it to 12%, so right now it has been increased. Security Bank v. RTC- court says it has been suspended. Can you no longer charge your client as much as you can? Sky is the limit because there is no longer usury law. Cuaton v. Salud, 421 SCRA 278] [10% monthly)- court clarify it here... 120% per annum.. double the amount... this is unconscionable.. so the rule is while there seems to be no limit of fixing the interest.. you based on the writing if there is no writing.. you go back to the civil code.. but if you agree in writing you

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charged as much as you can provided it is not unconscionable .. there is specific limitation and that is not unconscionable .. whether this provision is already useless or can still apply because the court simply say unconscionable and not usurious so maybe it is correct to say that they seemed to be useless now because the law in usury is no longer enforced. Sec. 12.Striking out of pleading or matter contained therein.Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these Rules, upon motion made by a party within twenty (20) days after the service of the pleading upon him, or upon the courts own initiative at any time, the court may order any pleading to be stricken out or that any sham or false, redundant, immaterial, impertinent, or scandalous matter be stricken out there from. (5, R9) What may be stricken out: 1. Entire pleading- if you strike out the entire complaint, the complaint is dismissed.. if you strike out the entire answer that will have the result that seems to be that person is in default now because he had not filed an answer 2. Part which are: a. sham or false b. redundant c. immaterial/impertinent d. scandalous See Rule 7, Sec. 3: Scandalous/indecent/unsigned disciplinary action Particularly: can be stricken of 1. Conclusions of law 2. Evidentiary facts 3. Irrelevant matters 4. Repetitious matters state only the ultimate facts! ---------Republic of the Philippines REGIONAL TRIAL COURT 11TH Judicial Region Branch 1, Tagum City, Davao del Norte REYNALDO M. LIM,Plaintiff, Civil Case No. 4232-versus-For: Reformation/Cancellation Of Lease Contract ._____ Trading, Inc. and ._____ Solis, .Defendants. .x-------------------------x ANSWER WITH COMPULSORY COUNTERCLAIM Defendant ___ Trading, Inc., through counsel, respectfully submits this Answer, by way of the following averments: 1. That it admits the allegations in paragraph 1of the Complaint as to the personal circumstances of the parties, as well as their capacity to sue and be sued; 2. That it also admits the allegations in paragraph 2of the Complaint on the ownership by plaintiff and the location of the premises subject of this suit; 3. That it, likewise, admits the allegations in paragraph 3of the Complaint as to the existence of the Contract of Lease, its duration and the amount of rental agreed upon; 4. That, however, it denies the allegations in paragraph 4of the Complaint that the lease excluded the second floor, the kitchen and the delivery entrance of the premises because defendant leased what is clearly and categorically described in paragraph 3 of the Contract of Lease, as follows: actionable document because the other side used it in their pleadings but we do not quarrel about the document both of us admit that there is a lease contract.. we quarrel only on the interpretation.. that is why I am not denying the due execution of the document 3. The Lessee hereby expressly agrees and warrants that the leased premises shall be used exclusively for commercial purpose and bodega covering the whole building except the proposed kitchen and the family bedroom at the second floor. [underscoring supplied] 5. That defendant partially denies the allegation ( take note..so that this not become a negative pregnant) in paragraph 5of the Complaint for it was only late in 2007 or early in 2008, that plaintiff, for the first time, agitated for an increase in the rental, even as he has been personally and promptly collecting the P25,000.00 monthly rental since the contract commenced in February 2007;

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6. That defendant also partially denies the various allegations in paragraph 6of the Complaint, for the truth is as stated below: it must rely on specific facts where I raised my defense if you simply deny it this will amount to admission (a) The terms of the Contract of Lease were the result of a drawn out negotiations and they were explained to plaintiff; (b) Plaintiff, as an experienced and shrewd businessman, fully understood the terms of the Contract of Lease when he and his wife signed it; Plaintiff actually received a copy of the Contract of Lease and the annexes thereto leaving no room for doubt as to what were included and what were excluded; 7. That defendant admits the allegation in paragraph 7of the Complaint that it received the demand letter of plaintiff dated May 25, 2011, with a qualification that it refused to heed the same because it is patently unjust; 8. That defendant has no information sufficient to form a belief as to the truth of the allegations in paragraph 8of the Complaint regarding plaintiffs agreement with his counsel regarding attorneys and appearance fees; it is obvious how would I know how much they agreed.. this is permissible 9. That paragraph 2of the Prayer in the Complaint does not specify the exact amount of the damage sought, and the portion should be expunged from the records for violation of Circular No. 7, March 4, 1988 on payment of docket fees; if you are claiming for a monetary consideration state it as basis of payment for docket fee or else that should not be there 10. That, in sum, plaintiff has no cause of action against defendant because the Contract of Lease reflects the true agreement and the intention of the parties when it was signed, and the present gripe of plaintiff is a mere after-thought. COMPULSORY COUNTERCLAIM 11. That as unambiguously stated in the Contract of Lease, plaintiff actually knew that he was leasing the entire premises, excepting the kitchen at the ground floor and the family bedroom at the second floor; 12. That, as stated in the Contract of Lease, it is exclusively for commercial purpose and bodega and for the parties to have excluded the delivery area, as plaintiff now insists, would have made no sense as the leased premises would be useless to defendants retail business; 13. That, likewise, to exclude the entire second floor of the building would run counter to the terms of the contracts which only states: except . the family bedroom at the second floor. 14. That the Contract of Lease was accompanied by sketches of the Ground Floor and the Second Floor, conveniently omitted by plaintiff in his Complaint, showing clearly the proposed Owners Kitchen at the Ground Floor and the Owners Area at the Second Floor [See Annexes1 and 2]; you noticed it I already have now detailed of an actionable document because there is actually a sketch there.. if the other does not reply they deemed to have admitted the sketch that I attached because you are barred now from denying it 15. That in response to the concern of plaintiff, the sketch of the Ground Floor was later clarified; notations were made, duly initialed by plaintiff, showing the real scope of the Contract of Lease; 16. That this suit, therefore, is baseless, and is intended merely to harass defendant so that it will agree to plaintiffs unfair demands; 17. That as a consequence of this frivolous suit defendant was forced to hire the services of a lawyer to defend itself, incurring expenses of P50,000.00 as attorneys fees and P2,000.00 as appearance fee for every scheduled hearing; so this is now the compulsory counterclaim 18. That, in addition, before plaintiff and defendant entered into the Contract of Lease, the building was in a state of decay and disuse, and as stipulated under paragraph 4 of the Contract of Lease, defendant renovated the space to be occupied as well as plaintiffs family kitchen, comfort room and entrance, for which defendant spent a total of P1,413,581.55; this should be stated in the counter claim because if not this can be considered anymore 19. That under paragraph 8 of the Contract of Lease, plaintiff bound himself to reimbursed defendant for the expenses incurred in the renovation and pay damages, if the agreement is prematurely terminated without defendants fault. Prayer- relief being prayed for WHEREFORE, premises considered, it is respectfully prayed that after due hearing,

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judgment be rendered dismissing the complaint and granting defendants compulsory counter-claim by ordering plaintiff to pay the following: (1) P50,000.00 as attorneys fee and P2,000 for every scheduled hearing as appearance fee. In case the Contract of Lease is cancelled or terminated, directing plaintiff to reimburse defendant the following: (2) P1,413,581.55 for the expenses incurred by defendant in renovating the leased premises. Defendant further prays for other relief just under the premises. Tagum City, Davao del Norte, Philippines, August 2, 2011. GIL A. DE LA BANDA .Counsel for Defendant ___ Trading, Inc.c/o St. Thomas More Law School Doctolero St., Tagum City, Davao del Norte .PTR No. 1020420; 1/1/11; Tagum City .Roll No. 35845; IBP Life No. 01020 .MCLE Exemption No. III-000739 .Copy furnished: .Atty. Rodolfo Ta-asan .Chavez-Monteverde Sts., .Davao City -8000 .___________________ Why do have to put copy furnished or CC? If I am the one filing the complaint I do not leave a copy to any lawyer.. I cant also give a copy to the defendant himself, what is the reason? The copy of the complaint will be served on him during the service of summons. But on the answer you will have to leave a copy to the defendants lawyer. EXPLANATION: A copy of this Answer is being furnished plaintiffs counsel by registered mail due to distance--- if not done personally you have to make an explanation and attach that one QUESTION: Supposed you noticed that I have not made verification and a have not made a certificate of non- forum shopping... if compulsory no need. If permissive counterclaim..Definitely, YES. Must permissive counterclaim be verified? Rule is pleadings may need not be verified unless a rule or a law requires that it must be verified...there is nothing in the rule there.. this will only be verified if the other side based it claims on actionable document and this time you are denying. If you are admitting the authenticity no need to verify the pleading but if you deny the authenticity you need to verify. Rule 9 Effects of Failure to Plead QUESTION: In an action for foreclosure of mortgaged plaintiff attached a copy mortgaged contract, defendant did not deny its due execution under oath which defense is waived? a) Defendants agent had no authority to sign it- that will be part of the due execution b) Defendant has paid the loan c) Defendants signature was obtained by force and intimidation d) Defendant was still a minor when he signed it- that is not inconsistent with due execution Sec. 1.Defenses and objections not pleaded. Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived. However, when it appears from the pleadings or the evidence on records that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment or by statute of limitations, the court shall dismiss the claim. (2a) Where does one raise his defenses? 1.Motion to dismiss 2.Answer- incorporate your defenses to the answer.. some defenses can be raised twice Otherwise, waived. Villaluz v. Ligun, 468 SCRA 486 (2005) somebody put a defense of Forumshopping on appeal.. FORUM SHOPPING cannot be raised on appeal because you failed to raise it in a motion to dismiss or in the answer.. deemed waived

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Exceptions: 1.Lack of jurisdiction over subject matter 2.Pendency of another action between the same parties for the same cause- LIS PENDENS 3.Bar by prior judgment- RES JUDICATA 4.Statute of limitations- PRESCRIPTION -2 effects 1) even if there is no motion to dismiss the judge can dismiss it by way of its own initiative 2) the judge can dismiss even if the defendant did not bother to raise this issues.. all other issues.. the judge cannot decide on its own initiative QUESTION: Does this mean if it is not raised in the pleadings.. in the answer or in the motion to dismiss.. you can raise it anytime even on appeal.. For instance I did not raised it during trial but during appeal I remembered it, can I do it? YES can be raised..because in Lack of Jurisdiction over subject matter if I did not appeal the decision will be null and void.. it does not matter if I raised it as a rule.. because that can be raised anytime In 2, 3, and 4.. the judge if it did not raised it on the answer.. on appeal it cannot be raised anymore.. forum is essentially .. you filed two cases or it can be lis pendens.. on appeal.. you cannot raised it anymore.. so 2, 3 and 4 is considered waived if you do not raised before the trial court at every stage of its proceedings -Summary Rule/Small Claims- The judge can dismiss a case on its own initiative for any ground on motion to dismiss. Just a wider discretion but in regular proceedings you can only dismissed it based on the four grounds. In fact matter or venue can be a ground for dismissal in Summary Rules and Small Claims. Sec.2.Compulsory counterclaim, or cross claim, not set up barredA compulsory counterclaim, or a cross claim, not set up shall be barred (4a) because compulsory counterclaim cannot be raised anywhere else. In cross claim it is always compulsory..for the reason that if you will not raise it you can longer raised it anymore in any other proceeding this will be forever barred so cross claims by nature are also compulsory what about a third party claim? A third party claim cannot be a compulsory..it is always discretionary on the part of the judge if it be allowed or not.. if they disallow it you can raise it in another proceedings. Its in relation only to the claim of the party to a claim of a defendant..it is not exactly intertwined with the main action. Sec. 3.Default; declaration of. If the defending party fails to answer within the time allowed therefore, the court shall, upon motion of the claiming party with notice to the defending party, and proof of such failure, declare the defending party in default. Thereupon, the court shall proceed to render judgment granting the claimant such relief as his pleading may warrant, unless the court, in its discretion requires the claimant to submit evidence. Such reception of evidence may be delegated to the clerk of court. (1a, R18) Applies to: who are subject? 1. 2. 3. 4. 5. Original defendant Defendant in counter-claim Defendant in cross-claim Defendant in third-party complaint Defendant in complaint-in-intervention

Default is proper only to the defending side, there can be no default on the part of the plaintiff except when there is a counterclaim but default will be in so far as when there is a counter claim. Default does not apply to a party it only applies to the party to whom it is made. Default- Ground-failure to answer for a claim against you Procedure for declaration 1. Motion from plaintiff 2. Notice to defendant 3. Hearing/Present proof of failure 4) Judgment by default which either can be done on a hearing on a claim or it can be done simply based on the complaint without need of any hearing Cathay Pacific v. Romillo, 141 SCRA 451 (1986) Answer before declaration? This case is about Muslims who took a plane and lost their baggage and the judge awarded millions. The idea is I filed a complaint against you, you did not answer for a long time and you did not even filed a motion for extension but meanwhile you file an answer..but I got a motion to declare you in default.. What was the content there? You summarize in one

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sentence. According to the court declaration of default cannot be done once the answer is in, even if it is deleted. The counsel of the law is to have the case litigated for their merits. There is already an answer so how can you declare him in default. Default simply can come in when motion is filed and there is still no answer. Procedure after declaration: 1. Render judgment based on complaint, or 2. Receive evidence ex parte [can be delegated to clerk of court] defendant must be given notice] Meaning if you will declare him in default the judge has option..youll be allowed to present evidence or you have a correct cause of action. He can render judgment based on the claim even if there is no answer. What do you mean by ex parte? means only one side, the other side unfortunately was not able to dispute it. reception of evidence can be delegated to the clerk of court. (a) Effects of order of default. -A party in default shall be entitled to notice of subsequent proceedings but not to take part in the trial. (2a, R18) QUESTION: Which right is not available to defendant who was declared in default? a) To receive copy of the decision b) To be notified of the schedules c) To cross examine the witnesses against him as granted by the constitution- because you loss standing actually to other proceeding if you are allowed to cross examine you are not given the right to participate it is as if you have not been in default d) To ask the judge to recall the order of default Effect: loss of standing, given notice but cannot participate--- what about the right granted in the constitution to cross examine witnesses? The right to cross examine is provided in criminal cases and there is no default. It only applies to civil cases on failure to answer. (b) Relief from order of default. -A party declared in default may at any time after notice thereof and before judgment file a motion under oath to set aside the order of default upon proper showing that his failure to answer was due to fraud, accident, mistake or excusable negligence and that he has a meritorious defense. In such case, the order of default may be set aside on such terms and conditions as the judge may impose in the interest of justice. (3a, R18)

Remedy: A motion to set aside order in default File a motion under oath to lift order of default at anytime before judgment. Another pleading a document that needs to be done verified, motion to set aside order of default needs has to be under oath. Pleadings need not be verified unless the rule provides otherwise. [Verified] Ground: FAME + Meritorious Defense [Affidavit of Merit?] Fraud, accident, mistake, and excusable negligence- you must sure that you have to make these as your defense/ the two must get together... FAME and meritorious defense Can you cross? Can you testify? Phil. Banking v. CA, 419 SCRA 487 (2004) he was declared in default..and the witnesses presented and the judge lifted the order of default ----if lifted, can you cross witness presented prior to lifting of order of default? It is discretionary on the part of the judge.. if he does not allow it very difficult to destroy the evidence of the other side If it is pre trial we do not declare for trial.. You present your witnesses now so that later on if you are ordered in default and there is a motion to lift it you cannot cross examine the witnesses anymore but the judge can deny because it is just discretionary.. (c) Effect of partial default. -When a pleading asserting a claim states a common cause of action against several defending parties, some of whom answered and the others fail to do so, the court shall try the case against all upon the answers thus filed and render judgment upon the evidence presented. (4a, R18) Partial default applies when out of several defendants, not everyone answers. Supposing I answered only two and I did not answer the two others... and you say you will just be declared partial in default because you did not answer the other..but the answer is wrong.. there is no partial default there.. the result simply is failure to deny is you deemed admitted it. -Effect Those who do not answer can be declared in default. But -Co vs. Acosta, 134 SCRA 185[common cause of action and indispensable parties][also

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Pinlac v. CA, 349 SCRA 635 (2001) [defense will benefit the non-answering party, so no default] for example promissory note case part of it to be paid by you and part of it by methe other defendant only answered and you have not and your defense is prescription..the judge ordered you in default because you did not answer..the judge is wrong, he cannot declare the a non answering defendant in default if they have common cause of action.. if the defense is prescription and the other one was declared to have prescribed so the defense will also apply to you. The judge must render judgment upon the evidence presented however if there is a decision that if it would be personal so the judge can render judgment against you Luzon v. Magbanua, 72 SCRA 254 [personal defense -forgery] if your defense is forgery in a promissory note so it will only apply to you..so judgment can be rendered to you separately. 1. If no evidence is presented, no unliquidated damage (but something is wrong here if you cannot award unliquidated for example accident..actual damage 20 thou..loss of income and moral damage 1 M..so this is unliquidated..so If I am the defendant I will simply not show upto declare myself in default because you will only get the 20 thou then the court cannot award the unliquidated. 2. If evidence is presented, on motion of plaintiff or on initiative of the court, unliquidated damage may be awarded So meaning it will be wrong not to appear and plaintiff should be able to present evidence..so in the end you can still get the unliquidated damages. (e) Where no defaults allowed. -If the defending party in an action for annulment or declaration of nullity of marriage or for legal separation fails to answer, the court shall order the prosecuting attorney to investigate whether or not a collusion between the parties exists, and if there is no collusion, to intervene for the State in order to see to it that the evidence submitted is not fabricated. (6a, R18) There is a case filed on a spouse on adultery. They answered but they did not appear in the trial so the prosecutor will come in to investigate. Rule 10 Amended and Supplemental Pleadings Sec. 1.Amendments in general. Pleadings may be amended by adding or striking out an allegation or the name of any party, or by correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect, so that the actual merits of the controversy may speedily be determined, without regard to technicalities, and in the most expeditious and inexpensive manner. (1)- so when we try to look at it in constitution, usually when we talk about amendments we also relate it with revisions..and what do we mean with amendment or revision? But in Civ Pro.. it is different in the entire rules of court. Whether we change it or not we only had one term for all of them so revision is covered Amendments by adding or removing: 1. An allegation 2. Name of a party 3. Correcting a mistake in: (a) name, (b) allegation, Description, (d) others

Imson v. CA, 239 SCRA 58 (1994) Suit against driver, truck owner and insurer, in an accident, Only insurer answered, and settled. Since it was dismissed, must the suit against driver and owner be also dismissed? [Common cause of action? Indispensable party?] take note if there is indispensable party you have to try the case against all of them, so you have to be joint actually. Take note also there is no common cause of action against them by virtue of the insurance contract. Insurer is not indispensable party because the case can go on without him. He is only a necessary party. Cavil v. Florendo, 154 SCRA 610 (1987) Can he testify? (d) Extent of relief to be awarded. -A judgment rendered against a party in default shall not exceed the amount or be different in kind from that prayed for nor award unliquidated damages. (5a, R18) Limitations on judgment by default: (1)shall not exceed that prayed for in the complaint; (2)should not be different in kind from the relief prayed for in the complaint;and (3) should not award unliquidated damages. Meaning: Feria

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Remember the principle that amendment is always favored.. it is always liberally construed in favor of the pleader or litigants, why? because in many instances the interest of justice will be served through amendmentbut we have to understand it is favored from the very beginning but it becomes more difficult as the case progresses. So that is why before the answer is favored generally, it is considered a matter of right but as it goes on in the stages of the appeal, the SC allowed amendment even while the case is pending with it on appeal but we have to understand but as it goes on the right to amendment becomes more restrictive. Rule : Liberal construction PAGCOR v. Lopez, 474 SCRA 76 (2005) amount of docket fee- paid only P1,212.00 but later on amended the pleading paid for -P15,775,903.68(P1,562,145,661.87) but they paid only the original filing..so they moved to strike out the pleading the SC said no apply LIBERAL construction.. it would just have a lien if there is judgment already rendered. Verzosa v. CA, 299 SCRA 100 (1998)/Rule 1, Sec. 5] Sec. 2.Amendments as a matter of right. A party may amend his pleading once as a matter of right at any time before a responsive pleading is served or, in the case of a reply, at any time within ten (10) days after it is served. (2a) Note: Right, whether formal or substantial- no leave of court because it is a right 1. Before answer is served not filed ( service means you give a copy to the party wile filing you submit a copy to the court) 2. Once- if you do it again no longer a right even if there is still no answer.. you secure a leave of court if you do it the second time 3. Responsive pleading [Bautista v. Maya-maya, 476 SCRA 416 (2005) there are pleading that are not responsive for example you file a pleading against me, I notice that something is wrong with your pleading so I filed a motion to dismiss it is just ok because it is still a matter of right for instance I file complaint and you file for a bill of particulars.. bill of particulars are not responsive pleading so you can amend it as a matter of right 4. If some have answered [Siasoco v. CA, 303 SCRA 186 (1999)- I filed a case against the two of you A and B, sometimes the sheriff fails to file a motion to one of you..you were not able to file an answer..so would it still be a matter of right? YES, in so far as the defendant has not filed an answer. But the one who was able to answer, no longer a matter of right. For instance five of them defendants and not any of them had answered so you can amend it in so far as one of them for as many as you want so far as the defendant has not filed any answer. Even if you have filed already and you notice that there is a need to amend. ( ALLOWED) In the end once is not exactly once for so long as the defendants had not yet answered. I can do it for as many of them once. 5. Answer this is in matter of responsive pleading/Reply [10 days] after the answer Extent of Amendment: 1. Change of cause of action? [Bautista v. Maya-maya, 476 SCRA 416 (2005) you can 2. Confer jurisdiction? YES, you can do anything you want provided there is still no responsive pleading yet have been served Effect of Amendment: as to prescription: 1. new cause of action date amended/ the old pleading seems superseded 2. no new cause of action the date of original filing.. it is as if it is filed from the original pleading itself/ this is important on the matter of prescriptionVersoza v. CA Sec. 3.Amendments by leave of court. Except as provided in the next preceding section, substantial amendments may be made only upon leave of court. But such leave may be refused if it appears to the court that the motion was made with intent to delay. Orders of the court upon the matters provided in this section shall be made upon motion filed in court, and after notice to the adverse party, and an opportunity to be heard. (3a) Substantial amendment after answer: Not a matter of right/Discretion (standard used by the court..in the interest of justice) Requisite: Leave of Court 1. Motion 2. Notice to adverse party

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3. Opportunity to be heard- opportunity to oppose your proposed amendment What may be allowed: 1.Changing cause of action [PAGCOR V. Lopez, 474 SCRA 76 (2005) 2.Adding a new one 3.Curing a defectively stated cause of action 4.Adding a party 5.Capacity to sue 6.General denial to specific denial QUESTION: What about if you were not able to contest the actionable document under oath? It is not covered what is only found in the provision is you can convert general to specific denial. It is a lawful one. What is not allowed? 1. Amendment to confer jurisdiction [see Nocum v. Tan, 470 SCRA 639 (2005) 2. Not to cure a pre-mature or non-existing cause of action [Swagman v. CA, 455 SCRA 175 (2005) principle: cause of action must exist at the time of filing 3. Not to cure violation of certification on on-forum-shopping [Rule 7, Sec. 5] the effect of not being able to attach certificate of non forum shopping cannot be cured by amendments... what you do is you re-file it...but on the other side if one is not able to file a responsive pleading then you amend it before answer is served it is an absolute right...you are free to do anything without leave of court. Sec. 4. Formal amendments. A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily corrected by the court at any stage of the action, at its initiative or on motion, provided no prejudice is caused thereby to the adverse party. (4a) -On its own initiative or motion: Formal amendments: 1.A defect in the designation of the parties 2.Other clearly typographical or clerical errors -At any stage of the proceedings/ even a non existing entity can be amended

Examples: MIA v. Rivera, 471 SCRA 358 (2006) also Berman Memorial v. Chong, 458 SCRA 112 [2005] Sec.5.Amendment to conform to or authorize presentation of evidence.When issues not raised by the pleadings are tried with the express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues maybe made upon motion of any party anytime, even after judgment; but failure to amend does not affect the result of the trial of these issues..If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be sub served thereby. The court may grant a continuance to enable the amendment to be made.(5a) Principle: Only issues raised in the pleadings may be tried- if you will not raise it the court will have no jurisdiction on the issue May be modified/amended: 1.During pre-trial 2.During trial by express or implied consent Two situations covered: 1. Parties agreed expressly or impliedly [failure to object] - you can move to present the evidence but the other side would say it is a perjury 2. One party objects to the evidence a. court may allow amendment- amend first your complaint before one can amend the answer..so in the answer now you can raise the issue on payment b. court did not order amendment- you keep on objecting and court allowed for the receipt--- that cannot be considered an evidence.. if you introduce the matter not raised as an issue over the objection of the other side the way to do it is amend the pleadingamend it first before you can try the issue [Cagungan v. Planters, 473 SCRA (2005) QUESTION:

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Plaintiff filed a case for ejectment before the RTC, defendant filed a motion to dismiss contending that the jurisdiction is with RTC..as the complaint says that he has been occupying the premise for over a year. With leave of court the plaintiff filed an amendment to confer jurisdiction. As judge what will you do? ANSWER: Allow because it is a matter of right because you file a motion to dismiss and not responsive pleading. A motion to dismiss is not a reply. QUESTION: After the case has been submitted for decision, it was discovered that plaintiff erroneously sued the wrong person who holds 90% of the shares of stocks of the corporation instead of the corporation itself ANSWER: Allow him to amend at any stage of the proceeding to be submitted even on appeal in fact. QUESTION: IN his answer the defendant set up the defense of prescription and compensation after trial he presented evidence of payment of the loan even when before the case was filed over the objection of plaintiff. He was convince though that there is payment ANSWER: Allow him to amend it or else the evidence presented will not be admitted Sec.6.Supplementalpleadings.Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented. The adverse party may plead thereto within ten(10)days from Distinctions: 1. Amended pleadings apply to facts not cause of action which occurred prior to the filing of the original complaint; but supplemental pleadings apply to facts occurring after the filing of the original complaint 2. An amended pleading supersedes the original; but supplemental pleadings only supplement sit.

3. Amending a pleading is either a matter of right or discretion; but supplementing it is always a matter of judicial discretion Can one be declared in default for not answering: 1. A supplemented pleading? Del Bros v. IAC, 159 SCRA 533 [if the principal issue is changed you can be declared in default] 2. An amended pleading? [Feria-if a new cause of action is added, summons will be served] summons is a copy of a new complaint Leobrera v. CA, 170 SCRA 711: A supplemental pleading must be based on matters arising subsequent to the original complaint related to the claim presented therein and founded on the same cause of action. [not to introduce new cause of action, only to supply deficiencies in the original pleading] Superclean Services v. CA, 258 SCRA 165(1996)[contract for janitorial services that lapsed][If relief is changed, amendment] later you sued the pleader to annul the award to me because you want to come in, but the problem is janitorial services last only for one year and the case takes too long.. at the end of the year you cause of actions to award the contract to you but after one year there is no contract to speak of. You file a supplemental pleading to convert it to action for damages. YES it can be done but it is not an action for supplemental of pleading but amendment. Though it is strange because it is a new matter arose after the filing of the original filing. Vda. De Villaruel, v. Manila, 104 Phil. 92 rescission and back rentals + recovery of value of burned building [supplement] somebody rented a building to another, the other guy was not paying rentals so he filed a case of rescission of contracts and payment of back rentals... but during the war the building was destroyed..after the war I filed a supplemental pleading... a new matter (allowed) New Cases: Can apply to new cause of action 1.Planters v. LZK Holdings,456 SCRA 366 (2005) Original case: Annulment of foreclosure, Mortgage contract, Promissory notes and Damages I mortgaged some property to you later on I dont want it foreclosed so I file for the annulment of mortgaged contract even the loan and promissory note. Later on I added a new cause of action, unreasonable condition to its agreement,

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nonpayment of rental and demands of underpayment of rentals. The court allowed it. Supplement: Additional causes of action:unreasonable conditions to a lease agreement, non-payment of rental and demand to other tenants to pay rental The new causes of action are germane to, and are in fact, intertwined with the [original] cause of action of nullification of the real estate mortgage and the extrajudicial foreclosure thereof as well as the sale at public auction. ( the message is you can add a new cause of action) Young v. Sy, 503 SCRA 151 (2006)Original: Nullification of Extrajudicial settlement, Mortgage and Foreclosure Sale I mortgaged to you my property then you had it foreclosed because it seems you have not able to pay your obligation so I file to nullify your foreclosure while the case was going on, you consolidated ownership after one year when there is still no right of legal redemption exercise you can consolidate ownership with you, so I added new cause of action..I file now to exercise my right to legal redemption.. what did the court say? -Supplement: After consolidation: Right to exercise legal redemption-to avoid multiplicity of suits + right of redemption will lapse if you will not allow it immediately.. so you are allowed to do it.. Language of the court says, the fact that the supplemental pleading technically states a new cause of action should not be a bar to its allowance but only a factor to be considered by the court in the exercise of its discretion.. The parameter or limitation will be: But always note Swagman: It thus follows that a complaint whose cause of action has not yet accrued cannot be cured or remedied by an amended or supplemental pleading alleging the existence or accrual of a cause of action while the case is pending. when filed while there is still no cause of action exist Feria: A cause of action which accrued after the filing of the original complaint may be pleaded in a supplemental complaint if there was a valid and subsisting cause of action at the time the original complaint was filed. [additional installment became due] meaning if I only had one cause of action but had not matured I cannot amend it and supplement it later on but if there is a valid cause of action and some things happened I can supplement it with a new cause of action QUESTION: M executed a promissory note in favor of O payable on June 30 if it would still be on June will the promissory note will mature. On January 01, 2012 however O notified me that he is terminating the loan and demanding payment. M did not pay and O filed a case against M for the recovery of money on May 01, 2012. May 1, 2012 the loan was still not due. M filed a motion to dismiss on July 01so on July 1 that means the loan already has matured. As judge what will you do? ( Swagman principle) a) Order O to amend his complaint b) Order O to supplement his complain ANSWER: c) Dismiss the case D) Proceed and decide on the merits The one being asked here is just a single cause of action which never existed at the time of filing so it will fall on Swagman. Sec. 7.Filing of amended pleadings. When any pleading is amended, a new copy of the entire pleading, incorporating the amendments, which shall be indicated by appropriate marks, shall be filed. (7a) (underline if there will be something that you will add other than the original, the purpose is to identify the changes that had been made) Sec. 8.Effect of amended pleadings. An amended pleading supersedes the pleading that it amends. However, admissions in superseded pleadings may be received in evidence against the pleader; and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived. (n) QUESTION: In a case involving recovery of ownership, defendant admitted in his answer that plaintiff here inherited the property. Later in an amended answer, defendant denied plaintiffs ownership claiming that he bought it from plaintiffs parents (new theory now) Based on the book of FERIA, defendants original admission is: a) Inadmissible, having it superseded by an amendment b) Admissible, without need of corroborating evidence

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c) Admissible only to the money offered d) Discretionary upon the court whether to admit it or not According to FERIA, there is no more need to offer it so long as it has been superseded if the court can take judicial notice immediately. In fact when you go to Evidence later on you will notice that it seems to be wrong that is why I asked it based on the opinion of Feria because as to Feria, no need to offer it anymore, court will take a judicial notice. Effect: Original pleading is superseded so that claims and defenses, unless incorporated in amendment are abandoned: Exception: Admissions may be received in evidence: It may still be received as evidence the only quarrel here is are you still going to offer it or not to offer. Rule 11- RESPONSIVE PLEADINGS Sec. 1.Answer to the complaint. The defendant shall file his answer to the complaint within fifteen (15) days after service of summons, unless a different period is fixed by the court. (1a) General rule 15 days: Court can provide otherwise: Sec. 15 & 16, Rule 14 Cases where Rules provide otherwise: 1. Extra-territorial service by publication not less than 60 days 2. Foreign private juridical entity if served on government officer-30 days 3. Summary Rule/Small Claims 10 days [not extendible] very strict/ judge can be discipline if he allows extensions Modified further by: 1. Motion to dismiss- if I file a motion to dismiss, you may not answer until such time the motion is dissolved, who knows the judge might dismissed it. That is why in Summary Rules not allowed to file motion to dismiss. It serves only to delay the answer that is why motion to dismiss will deemed prolong the period of answer. 2. Motion for bill of particulars- the period will be at the time the court will grant or deny the motion 3. Motion for extension- normally allowed 4. When last day falls on a Saturday, Sunday or holiday Sec. 2.Answer of a defendant foreign private juridical entity. Where the defendant is a foreign private juridical entity and service of summons is made on the government official designated by law to receive the same, the answer shall be filed within thirty (30) days after receipt of summons by such entity. (2a) Notes: 1.Applies when summons is served on government official in cases involving juridical entities 2.Computed from whose receipt? computed at the time from the moment the person whom the entity is supposed to answer will received it not by the receipt of the government official Sec.3.Answer to amended complaint.Where the plaintiff files an amended complaint as a matter of right, the defendant shall answer the same within fifteen (15) days after being served with a copy thereof. Where its filing is not a matter of right, the defendant shall answer the amended complaint within ten (10) days from notice of the order admitting the same. An answer earlier filed may serve as the answer to the amended complaint if no new answer is filed. (problem only when there is new cause of action) This Rule shall apply to the answer to an amended counterclaim, amended crossclaim, amended third (fourth, etc.) party complaint, and amended complaint-inintervention. (3a) Period to answer amended complaint: 1. If before service of responsive pleading (matter of right) 15 days

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2. If after service or responsive pleading (matter of discretion) 10 days from receipt of order admitting amended pleading Sec. 4.Answer to counterclaim or cross-claim. -A counterclaim or cross-claim must be answered within ten (10) days from service. (4) Notes: 1. Why 10 days only? if the person already knew about it..why would he need 15 days because if the complaint is new and I have received it I might not be able to know what is it..I might still be looking for lawyers.. so logically Ill be needing an extended period. For instance a counter claim or cross claim you filed a case against me I filed a counter claim against you why would I need 15 days if I already have a lawyer so that is why it is made shorter. The two of us filed a case against him later on he filed a counter claim, we are already inside, we already have lawyer so we need 10 days only for order to answer it 2. Do you get a summons? You no longer need a summon because you are already inside the case 3. Must it be answered? You can be deemed in default if you fail to answer in a cross claim and counter claim. When will you default a guy? In all situations when you a defending party. Sec. 5.Answer to third (fourth, etc.) party complaint. The time to answer a third (fourth, etc.) party complaint shall be governed by the same rule as the answer to the complaint. (5a) Notes: 1. Why back to 15?. Because you are suing an outsider 2. Must there be summons? Yes because he still does not know the case Sec. 6. Reply. A reply may be filed within ten (10) days from service of the pleading responded to. (6) Question: 1) When is a reply mandatory? Answer: 1) When there is an actionable document 2) When it alleges usury

2) How is it distinguished from answer to counterclaim? MEANS: In the answer you put up a new claim so I have to make an answer otherwise I can be held in default, reply dealing with something new matters which is not a new claim at all. Sec. 7.Answer to supplemental complaint. A supplemental complaint may be answered within ten (10) days from notice of the order admitting the same, unless a different period is fixed by the court. The answer to the complaint shall serve as the answer to the supplemental complaint if no new or supplemental answer is filed. (n) (Already inside) Example: It mentioned here ten days from the notice of the order admitting the same, the same as an amendment, and this is what we do. I file, if it is not a matter of right anymore, I file a motion to amend my complaint, motion to supplement my complaint. Together with the motion I attach an amended or supplemental pleading, so definitely I will give you a copy so that you will have a chance to oppose it. The judge may give you favor but when you get my copy do not count the ten days yet, you will wait until the judge will tell you granted. Once the judge has granted, my attached amendment that has been given due course thats the time you count the ten days will start running not the time you received the motion as well as my amended pleading. ( By the time the order admitting the same) Sec.8.Existing counterclaim and cross-claim.A compulsory counterclaim or a cross claim that a defending party has at the time he files his answer shall be contained therein.(8a,R6) Two rules are here now, the reason in the end counter claims and cross claims are considered waived forever if you will not raise it in your answer Sec. 9.Counterclaim or cross-claim arising after answer. A counterclaim or a cross-claim which either matured or was acquired by a party after serving his pleading may, with the permission of the court, be presented as a counterclaim or a cross-claim by supplemental pleading before judgment. (9,R6)

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The same principle in the same way you can amend your complaint, you can also supplement your counter claim. thou, maybe you filed a counterclaim. I have to answer that otherwise I will be declared in default for your complaint. In some situations for instance I filed a case for 1M so you raised a counter claim, this case is still frivolous, I did not borrow any money from you, you just want to harass me, if I spent for a lawyer to answer, this will be now a compulsory counterclaim. I send you a counterclaim, must I answer that? No need, because if I answer that I would simply be repeating my allegation. It is true that you borrow 1 M so that is why you will not be liable for a 100 thousand for his hiring of a lawyer meaning if in the process of answering the counter claim I will only be repeating my allegations in my complaint I am not required to do it. I will not be declared in default.

Sec. 10. Omitted counterclaim or cross-claim. ask in the bar When a pleader fails to set up a counterclaim or a cross-claim through oversight, inadvertence, or excusable neglect, or when justice requires, he may, by leave of court, set up the counterclaim or cross-claim by amendment before judgment.(3a, R9) Same principle, amending a counter claim or supplementing a counter claim, if it existed at the time of filing, it is an amendment if later on supplemental. Sec.11.Extension of time to plead.Upon motion and on such terms as maybe just, the court may extend the time to plead provided in these Rules. The court may also, upon like terms, allow an answer or other pleading to be filed after the time fixed by these Rules.(7) The rule covers a new situation: 1) Applies if the period has already lapsed- I get the complaint I have 15 days to answer on the tenth day I cannot finish the answer so what I do I file a motion for an extension of time to file answer. (Actually allowed by the rules) 2) The court may also upon light terms allowed answer over to be filed for the time fixed by these rules- You filed a complaint against me. I have 15 days after the 2oth day I have not yet still filed an answer, so the rule is I cannot file a motion for extension of time to file an answer because there is nothing to extend anymore I already exceeded my limit so I go to the second one motion to delay answer. So this is the second situation QUESTION: Must you answer a counter claim? ANSWER: Generally, YES. Why? Because there can be default for not answering at all but in some situations there is an exception. For instance I filed a case against you for sum of money 1M then you mentioned that I also owe you a 500