Sie sind auf Seite 1von 4

RULE 6: KINDS OF PLEADINGS Section 8. Cross-claim.

A cross-claim is any claim by

one party against a co-party arising out of the transaction
Section 1. Pleadings defined. Pleadings are the written
or occurrence that is the subject matter either of the
statements of the respective claims and defenses of the
original action or of a counterclaim therein. Such cross-
parties submitted to the court for appropriate judgment.
claim may include a claim that the party against whom it
Section 2. Pleadings allowed. The claims of a party are is asserted is or may be liable to the cross-claimant for all
asserted in a complaint, counterclaim, cross-claim, third or part of a claim asserted in the action against the cross-
(fourth, etc.)-party complaint, or complaint-in- claimant. (7)
intervention. The defenses of a party are alleged in the
Section 9. Counter-counterclaims and counter-
answer to the pleading asserting a claim against him. An
crossclaims. A counter-claim may be asserted against
answer may be responded to by a reply. (n)
an original counterclaimant.
Section 3. Complaint. The complaint is the pleading A cross-claim may also be filed against an original cross-
alleging the plaintiff's cause or causes of action. The claimant. (n)
names and residences of the plaintiff and defendant
Section 10. Reply. A reply is a pleading, the office or
must be stated in the complaint. (3a)
function of which is to deny, or allege facts in denial or
Section 4. Answer. An answer is a pleading in which a avoidance of new matters alleged by way of defense in
defending party sets forth his defenses. (4a) the answer and thereby join or make issue as to such new
matters. If a party does not file such reply, all the new
Section 5. Defenses. Defenses may either be negative matters alleged in the answer are deemed controverted.
or affirmative. If the plaintiff wishes to interpose any claims arising out
(a) A negative defense is the specific denial of the of the new matters so alleged, such claims shall be set
material fact or facts alleged in the pleading of the forth in an amended or supplemental complaint. (11)
claimant essential to his cause or causes of action.
(b) An affirmative defense is an allegation of a new Section 11. Third, (fourth, etc.)party complaint. A
matter which, while hypothetically admitting the third (fourth, etc.) party complaint is a claim that a
material allegations in the pleading of the claimant, defending party may, with leave of court, file against a
would nevertheless prevent or bar recovery by him. The person not a party to the action, called the third (fourth,
affirmative defenses include fraud, statute of limitations, etc.) party defendant for contribution, indemnity,
release, payment, illegality, statute of frauds, estoppel, subrogation or any other relief, in respect of his
former recovery, discharge in bankruptcy, and any other opponent's claim. (12a)
matter by way of confession and avoidance. (5a)
Section 12. Bringing new parties. When the presence
Section 6. Counterclaim. A counterclaim is any claim of parties other than those to the original action is
which a defending party may have against an opposing required for the granting of complete relief in the
party. (6a) determination of a counterclaim or crossclaim, the court
shall order them to be brought in as defendants, if
Section 7. Compulsory counterclaim. A compulsory jurisdiction over them can be obtained. (14)
counterclaim is one which, being cognizable by the
regular courts of justice, arises out of or is connected Section 13. Answer to third (fourth, etc.)party
with the transaction or occurrence constituting the complaint. A third (fourth, etc.) party defendant
subject matter of the opposing party's claim and does may allege in his answer his defenses, counterclaims or
not require for its adjudication the presence of third cross-claims, including such defenses that the third
parties of whom the court cannot acquire jurisdiction. (fourth, etc.) party plaintiff may have against the
Such a counterclaim must be within the jurisdiction of original plaintiff's claim. In proper cases, he may also
the court both as to the amount and the nature thereof, assert a counterclaim against the original plaintiff in
except that in an original action before the Regional Trial respect of the latters claim against the third-party
Court, the counter-claim may be considered compulsory plaintiff.
regardless of the amount. (n)
Section 1. Caption. The caption sets forth the name of be remedied if it shall appear that the same was due to
the court, the title of the action, and the docket number mere inadvertence and not intended for delay. Counsel
if assigned. who deliberately files an unsigned pleading, or signs a
The title of the action indicates the names of the parties. pleading in violation of this Rule, or alleges scandalous or
They shall all be named in the original complaint or indecent matter therein, or fails promptly report to the
petition; but in subsequent pleadings, it shall be court a change of his address, shall be subject to
sufficient if the name of the first party on each side be appropriate disciplinary action.
stated with an appropriate indication when there are
Section 4. Verification. Except when otherwise
other parties.
specifically required by law or rule, pleadings need not
Their respective participation in the case shall be
be under oath, verified or accompanied by affidavit. (5a)
A pleading is verified by an affidavit that the affiant has
Section 2. The body. The body of the pleading sets
read the pleading and that the allegations therein are
fourth its designation, the allegations of the party's
true and correct of his knowledge and belief.
claims or defenses, the relief prayed for, and the date of
the pleading. (n) A pleading required to be verified which contains a
(a) Paragraphs. The allegations in the body of a verification based on "information and belief", or upon
pleading shall be divided into paragraphs so numbered "knowledge, information and belief", or lacks a proper
to be readily identified, each of which shall contain a verification, shall be treated as an unsigned pleading.
statement of a single set of circumstances so far as that
can be done with convenience. A paragraph may be Section 5. Certification against forum shopping. The
referred to by its number in all succeeding pleadings. (3a) plaintiff or principal party shall certify under oath in the
(b) Headings. When two or more causes of action are complaint or other initiatory pleading asserting a claim
joined the statement of the first shall be prefaced by the for relief, or in a sworn certification annexed thereto and
words "first cause of action,'' of the second by "second simultaneously filed therewith: (a) that he has not
cause of action", and so on for the others. theretofore commenced any action or filed any claim
When one or more paragraphs in the answer are involving the same issues in any court, tribunal or quasi-
addressed to one of several causes of action in the judicial agency and, to the best of his knowledge, no such
complaint, they shall be prefaced by the words "answer other action or claim is pending therein; (b) if there is
to the first cause of action" or "answer to the second such other pending action or claim, a complete
cause of action" and so on; and when one or more statement of the present status thereof; and (c) if he
paragraphs of the answer are addressed to several should thereafter learn that the same or similar action or
causes of action, they shall be prefaced by words to that claim has been filed or is pending, he shall report that
effect. (4) fact within five (5) days therefrom to the court wherein
(c) Relief. The pleading shall specify the relief sought, his aforesaid complaint or initiatory pleading has been
but it may add a general prayer for such further or other filed.
relief as may be deemed just or equitable. (3a, R6) Failure to comply with the foregoing requirements shall
(d) Date. Every pleading shall be dated. (n) not be curable by mere amendment of the complaint or
Section 3. Signature and address. Every pleading must other initiatory pleading but shall be cause for the
be signed by the party or counsel representing him, dismissal of the case without prejudice, unless otherwise
stating in either case his address which should not be a provided, upon motion and after hearing. The
post office box. submission of a false certification or non-compliance
with any of the undertakings therein shall constitute
The signature of counsel constitutes a certificate by him indirect contempt of court, without prejudice to the
that he has read the pleading; that to the best of his corresponding administrative and criminal actions. If the
knowledge, information, and belief there is good ground acts of the party or his counsel clearly constitute willful
to support it; and that it is not interposed for delay. and deliberate forum shopping, the same shall be ground
for summary dismissal with prejudice and shall
An unsigned pleading produces no legal effect. However,
the court may, in its discretion, allow such deficiency to
constitute direct contempt, as well as a cause for Section 7. Action or defense based on document.
administrative sanctions. (n) 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
Section 1. In general. Every pleading shall contain in a attached to the pleading as an exhibit, which shall be
methodical and logical form, a plain, concise and direct deemed to be a part of the pleading, or said copy may
statement of the ultimate facts on which the party with like effect be set forth in the pleading. (7)
pleading relies for his claim or defense, as the case may
Section 8. How to contest such documents. When an
be, omitting the statement of mere evidentiary facts. (1)
action or defense is founded upon a written instrument,
If a defense relied on is based on law, the pertinent copied in or attached to the corresponding pleading as
provisions thereof and their applicability to him shall be provided in the preceding section, the genuineness and
clearly and concisely stated. (n) due execution of the instrument shall be deemed
admitted unless the adverse party, under oath
Section 2. Alternative causes of action or defenses. A specifically denies them, and sets forth what he claims to
party may set forth two or more statements of a claim or be the facts, but the requirement of an oath does not
defense alternatively or hypothetically, either in one apply when the adverse party does not appear to be a
cause of action or defense or in separate causes of action party to the instrument or when compliance with an
or defenses. When two or more statements are made in order for an inspection of the original instrument is
the alternative and one of them if made independently refused. (8a)
would be sufficient, the pleading is not made insufficient
by the insufficiency of one or more of the alternative Section 9. Official document or act. In pleading an
statements. (2) official document or official act, it is sufficient to aver
that the document was issued or the act done in
Section 3. Conditions precedent. In any pleading a compliance with law. (9)
general averment of the performance or occurrence of
all conditions precedent shall be sufficient. (3) Section 10. Specific denial. A defendant must specify
each material allegation of fact the truth of which he
Section 4. Capacity. Facts showing the capacity of a does not admit and, whenever practicable, shall set forth
party to sue or be sued or the authority of a party to sue the substance of the matters upon which he relies to
or be sued in a representative capacity or the legal support his denial. Where a defendant desires to deny
existence of an organized association of person that is only a part of an averment, he shall specify so much of it
made a party, must be averred. A party desiring to raise as is true and material and shall deny only the remainder.
an issue as to the legal existence of any party or the Where a defendant is without knowledge or information
capacity of any party to sue or be sued in a sufficient to form a belief as to the truth of a material
representative capacity, shall do so by specific denial, averment made to the complaint, he shall so state, and
which shall include such supporting particulars as are this shall have the effect of a denial. (10a)
peculiarly within the pleader's knowledge. (4)
Section 11. Allegations not specifically denied deemed
Section 5. Fraud, mistake, condition of the mind. In all admitted. Material averment in the complaint, other
averments of fraud or mistake the circumstances than those as to the amount of unliquidated damages,
constituting fraud or mistake must be stated with shall be deemed admitted when not specifically denied.
particularity. Malice, intent, knowledge, or other Allegations of usury in a complaint to recover usurious
condition of the mind of a person may be averred interest are deemed admitted if not denied under oath.
generally. (5a) (1a, R9)
Section 6. Judgment. In pleading a judgment or Section 12. Striking out of pleading or matter contained
decision of a domestic or foreign court, judicial or quasi- therein. Upon motion made by a party before
judicial tribunal, or of a board or officer, it is sufficient to responding to a pleading or, if no responsive pleading is
aver the judgment or decision without setting forth permitted by these Rules, upon motion made by a party
matter showing jurisdiction to render it. (6)
within twenty (20) days after the service of the pleading Section 9. Motion for leave. A motion for leave to file
upon him, or upon the court's own initiative at any time, a pleading or motion shall be accompanied by the
the court may order any pleading to be stricken out or pleading or motion sought to be admitted. (n)
that any sham or false, redundant, immaterial,
Section 10. Form. The Rules applicable to pleadings
impertinent, or scandalous matter be stricken out
shall apply to written motions so far as concerns caption,
therefrom. (5, R9)
designation, signature, and other matters of form. (9a)

Section 1. Motion defined. A motion is an application

for relief other than by a pleading. (1a)

Section 2. Motions must be in writings. All motions

shall be in writing except those made in open court or in
the course of a hearing or trial. (2a)

Section 3. Contents. A motion shall state the relief

sought to be obtained and the grounds upon which it is
based, and if required by these Rules or necessary to
prove facts alleged therein, shall be accompanied by
supporting affidavits and other papers. (3a)

Section 4. Hearing of motion. Except for motions

which the court may act upon without prejudicing the
rights of the adverse party, every written motion shall be
set for hearing by the applicant. Every written motion
required to be heard and the notice of the hearing
thereof shall be served in such a manner as to ensure its
receipt by the other party at least three (3) days before
the date of hearing, unless the court for good cause sets
the hearing on shorter notice. (4a)

Section 5. Notice of hearing. The notice of hearing

shall be addressed to all parties concerned, and shall
specify the time and date of the hearing which must not
be later than ten (10) days after the filing of the motion.

Section 6. Proof of service necessary. No written

motion set for hearing shall be acted upon by the court
without proof of service thereof. (6a)

Section 7. Motion day. Except for motions requiring

immediate action, all motions shall be scheduled for
hearing on Friday afternoons, or if Friday is a non-
working day, in the afternoon of the next working day.

Section 8. Omnibus motion. Subject to the provisions

of section 1 of Rule 9, a motion attacking a pleading,
order, judgment, or proceeding shall include all
objections then available, and all objections not so
included shall be deemed waived. (8a)