Allegations in A Pleading Answer Key

1. What is the manner in making the allegations in a pleading?
How should the allegation that all

the conditions precedent be alleged?
- Under the revised rules of civil procedure, allegations shall be done in a methodical and logical
form, a plain, concise and direct statement of the ultimate facts, including the evidence on
which the party pleading relies for his or her claim or defense, as the case may be.
2. How should fraud and mistake be alleged? How should malice, intent, knowledge and other
conditions of the mind be alleged?
- The Revised Rules of Civil Procedure, specifically under Section 5 provides that 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.
3. What are the reasons behind your answers in Number 2?
- The propositions of the rules as provided under the Revised Rules of Civil Procedure.
4. How should judgment be alleged?

- Judgments must be alleged as under the Revised Rules of Procedure that in pleading a judgment
or decision of a domestic or foreign court, judicial or quasi-judicial 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. Further, an authenticated copy of the judgment or decision shall be
attached to the pleading.
5. How should official documents or acts be alleged?
- It should be alleged in a manner provided under the Revised Rules of Procedure that 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.
6. How should an actionable document be pleaded?

- In pleading an official document or official act, it is sufficient to aver that the document was
issued or the act was done in compliance with law as provided under the Revised Rules of Civil
Procedure.
7. How can a party contest an actionable document? What are the consequences if a party fails to
contest an actionable document?
- A party can contest an actionable document under the Revised Rules of Civil Procedure, that
when an action or defense is founded upon a written instrument, or attached to the
corresponding pleading as provided in the preceding section, the genuineness and due
execution of the instrument shall be deemed admitted unless the adverse party, under such
oath specifically denies them, and sets forth what he or she claims to be the facts.
8. What are the exceptions in Number 7?
- Exception provided under the Rules of Civil Procedure are when 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 the original instrument is refused.
9. Mr. Moren filed an action for recovery of a parcel of land situated in Lipa City against Ms.
Marasigan in the Regional Trial Court of Lipa City. Mr. Moren alleged in his complaint that he
inherited the parcel of land from his parents, and he does not know how the possession of the
land was transferred to Ms. Marasigan. Ms. Marasigan filed an Answer claiming that the parents
of Mr. Moren executed a Deed of Absolute Sale of the subject parcel of land in favor of Ms.
Marasigan. Mr. Moren did not file any responsive pleading. During the presentation of evidence,
the counsel for the plaintiff presented Mr. Moren as a witness and asked in his Judicial Affidavit
if the signatures found on the Deed of Absolute Sale does indeed belong to his parents, which
Mr. Moren answered in the negative. The counsel for the defendant objected to that question
on the ground that the plaintiff failed to deny specifically under oath the genuineness and due
execution of the Deed of Absolute Sale. Should the RTC sustain the defendant’s objection or
should the RTC overrule the said objection? Explain.
- The RTC should overrule the objection. Under the Revised Rules of Civil Procedure, specifically
Sec. 11 Provides that material averments in a pleading asserting a claim or claims, other than
those as to the amount of unliquidated damages, shall be deemed admitted when not
specifically denied.
10. What affirmative defenses can the defendant raise in his Answer? What happens if the
defendant fails to raise these affirmative defenses?
- That the plaintiff has no legal capacity to sue and; That a condition precedent for filing the claim
has not been complied with.
For reasons that the plaintiff has no legal capacity to sue by reason of Section 4. Which provides
that 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 pleader’s knowledge.
And, plaintiff’s averment is insufficient as to form to fulfill conditions precedent.
- The Revised Rules of Procedure provides that the failure of the defendant to raise such defenses
would tantamount to waiver of the defense thereof.
11. What are the remedy/remedies of the plaintiff if the court resolves the affirmative defenses in
favor of the defendant?
- The amended Rules of Court provides the remedies that a plaintiff may resort to in cases when
the court resolves in favor of the defendant:
Petition for Certiorari, mandamus and prohibition
Motion for reconsideration
Appeal
12. What are the remedy/remedies of the defendant if the court resolves the affirmative defenses
in favor of the plaintiff?
- As provided under the Revised Rules of Court, the following remedies available for the
defendant in case the court shall resolve the affirmative defense in favor of the plaintiff are:
Continue with the trial; and
Appeal only when such judgment in the case is against the defendant.
13. What is the difference between an Answer and a Demurrer to Evidence?
- Answer is a responsive against the complaint, while a demurrer is a motion when after the
plaintiff rests his case.
Answer, if granted can be refiled depending of the grounds of its dismissal, while the latter if
granted shall tantamount to dismissal and thus cannot be refiled. The only remedy of the
plaintiff is to appeal from the order of dismissal.
In an answer, If the affirmative defense is denied, no motion for reconsideration or petition for
certiorari, mandamus, or prohibition is allowed, while the former if denied, the denial shall not
be the subject of an appeal or petition for certiorari, prohibition or mandamus before a
judgment.
Lastly, in an answer, negative defenses may be raised which denies specifically the material facts
or an affirmative defense which hypothetically admits the allegations but assert an allegation
that would bar the relief sought. Further it can also include grounds for dismissal, while the
latter, the only ground is that upon the facts and the law the plaintiff has shown no right to
relief.

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1. What is the manner in making the allegations in a pleading?

How should the allegation that all

3. What are the reasons behind your answers in Number 2?

4. How should judgment be alleged?

6. How should an actionable document be pleaded?

8. What are the exceptions in Number 7?

Petition for Certiorari, mandamus and prohibition

Motion for reconsideration

Continue with the trial; and

13. What is the difference between an Answer and a Demurrer to Evidence?

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