C. Allegations in Pleadings: Remedial Law 1 Notes

REMEDIAL LAW 1 NOTES |Page |1
MARCH 27 or occurrence of all conditions precedent shall be

RULE 8: sufficient.
MANNER OF MAKING ALLEGATIONS IN A
PLEADING Condition precedent In any pleading a general
averment of the performance or occurrence of all
C. Allegations in Pleadings conditions precedent shall be sufficient. [Sec. 3,
Rule 8, Section 1. In general. - Every pleading Rule 8]
shall contain in a methodical and logical form, a
plain, concise and direct statement of the ultimate All valid conditions precedent to the institution of
facts, including the evidence on which the party the particular action, whether prescribed by statute,
pleading relies for his or her claim or defense, as the fixed by agreement of the parties or implied by law
case may be. must be performed or complied with before
commencing the action, unless the conduct of the
If a cause of action or defense relied on is based on adverse party has been such as to prevent or waive
law, the pertinent provisions thereof and their performance or excuse non-performance of the
applicability to him or her shall be clearly and condition. [Anchor Savings Bank v. Furigay, G.R.
concisely stated. No. 191178 (2013)]
Rule 8, Section 2. Alternative causes of action or Examples of conditions precedent:

defenses. — A party may set forth two or more a. A tender of payment is required before making a
statements of a claim or defense alternatively or consignation [Art. 1256, NCC]
hypothetically, either in one cause of action or b. Exhaustion of administrative remedies is required
defense or in separate causes of action or defenses. in certain cases before resorting to judicial action
When two or more statements are made in the [Lopez v. City of Manila, G.R. No. 127139 (1999);
alternative and one of them if made independently Dy v. CA, G.R. No. 121587 (1999)]
would be sufficient, the pleading is not made c. Prior resort to barangay conciliation proceedings
insufficient by the insufficiency of one or more of is necessary in certain cases [Book III, Title I,
the alternative statements. Chapter 7, LGC]
d. Earnest efforts toward a compromise must be
Alternative Causes of Action undertaken when the suit is between members of the
A party may set forth two or more claims or same family and if no efforts were in fact made, the
defenses alternatively in one cause of action. case must be dismissed, [Art. 151, FC]
Such happens when a party is not certain which e. Arbitration may be a condition precedent when
cause of action would squarely fit the set of facts the contract between the parties provides for
alleged in the complaint. [1 Riano 278, 2016 arbitration first before recourse to judicial remedies
Bantam Ed.] [1 Riano 333-334, 2014 Bantam Ed.]
Also. a pleading which alleges alternative causes of Note: The failure to comply with a condition
action is not made insufficient by the insufficiency precedent before the filing of a complaint is no
of one or more of the alternative statements as long longer a ground for an allowable motion to dismiss
as one of them is sufficient. [Sec. 2, Rule 8] under the Amended Rules. However, it is an
affirmative defense that must be set out in the
Example: A plaintiff may be unsure as to whether answer or else, it is deemed waived. [Sec. 12, Rule
the liability of the carrier is based either on breach 8]
of contract or a quasi-delict. The rules allow him to
state both causes of action in the alternative. [1 Rule 8, Section 4. Capacity. — Facts showing the
Riano 278, 2016 Bantam Ed.] capacity of a party to sue or be sued or the authority
of a party to sue or be sued in a representative
Rule 8, Section 3. Conditions precedent. — In capacity or the legal existence of an organized
any pleading a general averment of the performance association of person 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 MANNER OF MAKING ALLEGATIONS IN A
party to sue or be sued in a representative capacity, PLEADING DEFENSES
shall do so by specific denial, which shall include
such supporting particulars as are peculiarly within RULE 6, Sec.5. Defenses;
the pleader's knowledge. Defenses may either be negative or affirmative.
a) A negative defense is the specific denial of the
Manner of making allegations material fact or facts alleged in the pleading of the
How to allege the following in a pleading: claimant essential to his or her cause or causes of
action.
1. Capacity to sue or be sued
The following must be averred, to wit: b) An affirmative defense is an allegation of a new
a. Facts showing the capacity of a person to sue or matter which, while hypothetically admitting the
be sued, material allegations in the pleading of the claimant,
b. The authority of a party, to sue and be sued in a would nevertheless prevent or bar recovery by him
representative capacity, or or her. The affirmative defenses include fraud,
c. The legal existence of an organized association of statute of limitations, release, payment, illegality,
persons that is made a party. statute of frauds, estoppel, former recovery,
discharge in bankruptcy, and any other matter by
Moreover, a party desiring to raise an issue as to the way of confession and avoidance.
legal existence of any party to sue or be sued in a
representative capacity must do so via specific Affirmative defenses may also include grounds
denial. [Sec. 4, Rule 8] for the dismissal of a complaint, specifically, that
the court has no jurisdiction over the subject
Rule 8, Section 5. Fraud, mistake, condition of matter, that there is another action pending
the mind. — In all averments of fraud or mistake between the same parties for the same cause, or
the circumstances constituting fraud or mistake that the action is barred by a prior judgment.
must be stated with particularity. Malice, intent,
knowledge, or other condition of the mind of a Types
person may be averred generally. The following are the types of defenses:
a) Affirmative;
Fraud, mistake, malice, intent, knowledge and b) Negative:
other condition of the mind, judgments, official a. Specific denial; and
documents or acts Fraud, mistake, malice, intent, b. Lack of knowledge
knowledge, and other condition of the mind In all
averments of fraud or mistake, the circumstances Negative v. affirmative defense
constituting fraud or mistake must be stated with Negative defense consists in specific denial of the
particularity. [Sec. 5, Rule 8] material fact or facts.
On the other hand, affirmative defense consists in
Rationale: the allegation of a new matter that would prevent or
The reason for this rule is that an allegation of fraud bar recovery.
concerns the morality of the defendant’s conduct
and he is entitled to know fully the ground on which Affirmative defenses [RULE 8.12]
the allegations are made, so he may have every Rule 8, Section 12. Affirmative Defenses.
opportunity to prepare his case to clear himself at (a) A defendant shall raise his or her affirmative
the trial [Guy v. Guy, G.R. No. 189486 (2012)] defenses in his or her answer, which shall be limited
to the reasons set forth under Section 5 (b),Rule 6,
Malice, intent, knowledge or other condition of the and the following grounds:
mind of a person may be averred generally [Sec. 5, 1. That the court has no jurisdiction over the
Rule 8] person of the defending party;
2. That venue is improperly laid; answer, if based on the grounds in Section 5 (b),
3. That the plaintiff has no legal capacity to Rule 6. If there is a summary hearing, the
sue; affirmative defenses shall be resolved within 30
4. That the pleading asserting the claim states calendar days from the termination of said hearing.
no cause of action; and
5. That a condition precedent for filing the The amendment also categorically provides that if
claim has not been complied with. the affirmative defenses are denied, a motion for
reconsideration to assail the order of denial shall not
(b) Failure to raise the affirmative defenses at the be the subject of a motion for reconsideration or
earliest opportunity shall constitute a waiver petition for certiorari, prohibition or mandamus, but
thereof. may be among the matters to be raised on appeal
after a judgment on the merits. This means that
(c) The court shall motu proprio resolve the above from the denial of
affirmative defenses within thirty (30) calendar days the affirmative defenses, the case will just proceed
from the filing of the answer. to trial.
(d) As to the other affirmative defenses under the Note that this provision incorporates some of the
first paragraph of Section 5 (b), Rule 6, the court provisions of Section 6, Rule 16, which provides
may conduct a summary hearing within fifteen (15) that the grounds for a motion to dismiss may be
calendar days from the filing of the answer. Such pleaded as affirmative defense.
affirmative defenses shall be resolved by the court
within thirty (30) calendar days from the Note also that this provision already contains the
termination of the summary hearing. grounds for dismissal under the now deleted old
Section 1, Rule 16. Hence, the grounds to dismiss
(e) Affirmative defenses, if denied, shall not be the should be alleged as affirmative defenses, except
subject of a motion for reconsideration or petition those falling under Section 1, Rule 9, which are the
for certiorari, prohibition or mandamus, but may be only grounds that may be raised by motion to
among the matters to be raised on appeal after a dismiss. All other grounds are prohibited motions to
judgment on the merits. dismiss, under Section 12, Rule 15.
Even without this amendment, the old rules

recognize that the grounds for a motion to dismiss
may be used as affirmative defenses. The new
amendment also provides that the failure to raise the
affirmative defenses at the earliest opportunity shall Three groups of affirmative defenses
be a waiver thereof, without prejudice to the Accordingly, it would seem that there are three
nonwaivable grounds. groups:
1. Rule 6.05(b):
The amendment also requires the courts to resolve a. Fraud;
the foregoing affirmative defenses within 30 days b. Statute of limitations;
from filing thereof, upon its own initiative. This is a c. Release;
new inclusion not found under the old rules. In fact, d. Payment;
based on the old rules, courts would desist from e. Illegality;
ruling on the affirmative defenses and instead f. Statute of frauds;
proceed to trial. Now, courts are required to rule on g. Estoppel;
the affirmative defenses within the prescribed h. Former recovery;
period. i. Discharge in bankruptcy;
j. Any other matter by way of:
There may be a summary hearing on the affirmative a. Confession; and
defenses within 15 calendar days from the filing of b. Avoidance;
k. Grounds for the dismissal of the complaint: f) That the cause of action is barred by a prior
a. Court has no jurisdiction over the judgment or by the statute of limitations;
subject matter; g) That the pleading asserting the claim states
b. Litis pendentia; or no cause of action;
c. Res judicata h) That the claim or demand set forth in the
plaintiff's pleading has been paid, waived,
2. Rule 8.12: abandoned, or otherwise extinguished;
a. Court has no jurisdiction over the person of i) That the claim on which the action is
the defending party; founded is enforceable under the provisions
b. The venue is improperly laid (improper of the statute of frauds; and
venue); j) That a condition precedent for filing the
c. That the plaintiff has no legal capacity to sue claim has not been complied with
(no locus standi);
d. That the pleading asserting the claim states In sum, the above grounds can be found in the
no cause of action; and following provisions, the letters corresponding are
e. That a condition precedent for filing the those to which they were originally designated
claim has not been complied with under the then Rule 16:
3. Rule 9.01: a. Rule 6.05 (b):

a. Court has no jurisdiction over the subject i. Prescription (f);
matter; ii. Payment, waiver, abandonment, or
b. Litis pendentia; or extinguishment (h);
c. Res judicata; and iii. Statute of frauds (i);
d. Statute of limitations iv. Lack of jurisdiction over the subject
matter; (b)
(NOTE: Notice that the ground under the last v. Litis pendentia; (e)
paragraph of Rule 6.05(b) and in Rule 9.01 are vi. Res judicata; (f)
almost the same)
b. Rule 8.12;
Q: That Rule 16 has been deleted, are the i. Lack of jurisdiction over the person; (a)
grounds under the then Motion to Dismiss now ii. Improper venue; (c)
gone? iii. Lack of locus standi; (d)
No, they are still complete and merely transposed to iv. Failure to state cause of action; (g)
other portions of the rule. In loving memory of Rule v. Failure to comply with condition
16, the then grounds are as follows: precedent (j);
16.01. Grounds;
Within the time for but before filing the answer to
the complaint or pleading asserting a claim, a c. Rule 9.01:
motion to dismiss may be made on any of the i. Lack of jurisdiction over the subject
following grounds: matter; (b)
a) That the court has no jurisdiction over the ii. Litis pendentia; (e)
person of the defending party; iii. Res judicata; (f)
b) That the court has no jurisdiction over the iv. Prescription; (f)
subject matter of the claim;
c) That venue is improperly laid; (NOTE: Notice that there are repeating grounds,
d) That the plaintiff has no legal capacity to specifically those relating to residual prerogatives,
sue; considering that they can be raised merely as an
e) That there is another action pending between affirmative defense rather than a motion to dismiss.
the same parties for the same cause;
Further, ground “h” under the then Rule 16 has been Q: Assume that the affirmative defense was
severed.) denied by the court, is a motion for
reconsideration the remedy?
Q: Considering that the grounds for residual No
prerogative are likewise enumerated as an
affirmative defense, is it then correct to say that Q: How about a petition for certiorari?
a motion to dismiss is not proper in case of those No
enumerated under Rule 9.01?
No, as it may happen that the defendant merely Q: How about a petition for mandamus?
wants to raise the grounds as an affirmative defense, No
rather than a motion to dismiss.
If raised as an affirmative defense, the court on its Q: What is the proper remedy?
own may dismiss the case upon a finding that such The remedy is to go to trial
ground does exist.
Thus it would expedite the cases, considering that Q: In case of an adverse judgment, what is the
no motion to dismiss is needed to be heard, as it remedy?
may dismiss the case on the basis of the affirmative To appeal the case, and put the denial of the
defense. affirmative defense in issue.
The provision enumerated the above remedies as
Availability of preliminary hearing to hear unavailable, which means that the order denying the
affirmative defense affirmative is deemed as a final order, hence the
As a general rule, a motion to hear affirmative remedy is appeal:
defense is a prohibited motion. Hence, grounds ―It is settled that the proper remedy to obtain a
under 8.12 cannot be subjected to a summary reversal of judgment on the merits, final order or
hearing. resolution is appeal.‖ (Nuque v. Aquino)
As a remedy is available in law, via appeal, the
However, in case of those mentioned under the first above remedies cannot be availed of.
paragraph of Rule 6.5(b) may be subjected to a
summary hearing, as these matters may require the Q: What would be advisable assuming that the
presentation of evidence. defense of lack of jurisdiction over the person
was denied, and eventually was appealed from,
in order for the acts not to be tantamount to a
voluntary submission to the court?
Dean Mawis advised that the party must be
consistent in questioning the jurisdiction despite the
denial of the affirmative defense, as to avoid being
deemed as voluntary submitting to the court.
Effect of raising affirmative defense

It has the effect of hypothetically admitting the
allegations against him,but raises a defense which
would nevertheless bar recovery from the plaintiff.
Effect if affirmative defense allowed What follows is a reverse trial, for the defendant to
The court may motu proprio dismiss the case, prove such defense/s
considering that the defense raised effectively bars
recovery from the plaintiff. Q: While normally, order of trial begins with
This in effect, declogs court dockets, as trial no plaintiff, why is it that the defendant is the one to
longer needed to be reached. first present his evidence when he raises an
affirmative defense?
As there is nothing to prove for the plaintiff,

considering that the facts are already hypothetically Note: Under the previous Rules, only material
admitted. averments in the complaint were deemed admitted
That it is hypothetically admitted, thus the plaintiff if not specifically denied. Under the Amended
has no burden to prove the evidence-in-chief, Rules widens the scope of such rule to include any
specifically his allegations. pleading asserting a claim. It is submitted,
therefore, that this rule now covers:
(NOTE: In contrast, in criminal cases, reverse trial 1. Counterclaims
is NOT mandatory, as the burden of proof rests 2. Cross-claims (both compulsory and
upon the prosecution all throughout the permissive)
proceedings) 3. Third (fourth, etc.) party complaints,
and
Negative defences 4. Complaints-in-intervention.
Specific denial and lack of knowledge [rule 8.10]
As to answers, any new allegations set forth therein
Specific denial are deemed controverted. [Sec. 10, Rule 6]
Rule 8, Section 10. Specific denial. — A defendant
must specify each material allegation of fact the 1. Effect of failure to make specific denials
truth of which he or she does not admit and, General rule: Material averments in a pleading
whenever practicable, shall set forth the substance asserting a claim or claims shall be deemed
of the matters upon which he or she relies to admitted when not specifically denied [Sec. 11,
support his or her denial. Where a defendant Rule 8]
desires to deny only a part of an averment, he or
she shall specify so much of it as is true and Exceptions:
material and shall deny only the remainder. Where a The following averments in the complaint are not
defendant is without knowledge or deemed admitted even if not specifically denied:
information sufficient to form a belief as to the truth 1. Amount of unliquidated damages [Sec. 11,
of a material averment made to the complaint, he or Rule 8]
she shall so state, and this shall have the effect of a 2. Conclusions in a pleading, because it is for a
denial. court to make conclusions, and
3. Non-material allegations or averments,
*The amendment only addresses gender sensitivity. because the rules provide that only material
allegations have to be denied. [1 Riano 300,
Specific denials 2016 Bantam Ed.]
The purpose of requiring the defendant to make a
specific denial is to make him disclose the matters 2. When a specific denial requires an oath
alleged in the complaint which he succinctly intends
to disprove at the trial, together with matters which Specific denial under oath is required for the
he relied upon to support the denial. [Philippine denial of the genuineness and due execution of an
Bank of Communications v. Go, G.R. No. 175514 actionable document. But, as previously mentioned,
(2011)] an oath is not required when the adverse party does
not appear to be a party to the instrument or when
A denial does not become specific merely because it compliance with an order for inspection of the
is qualified by the word “specific” or “specifically”. original instrument is refused. [Sec. 8, Rule 8]
[Republic v. Gimenez, G.R. No. 174673 (2016)]
Note: The provisions on usury were deleted by the
Material averments in any pleading asserting a amended rules.
claim, other than those as to the amount of
unliquidated damages, shall be deemed admitted Affirmative defenses
when not specifically denied. [Sec. 11, Rule 8]
A defendant shall raise his or her affirmative

defenses in the answer. [Sec. 12, Rule 8] Note: The court must motu proprio resolve these
affirmative defenses within 30 calendar days from
The grounds shall be limited to those under Sec. the filing of the answer. [Sec. 12(c), Rule 8]
5(b), Rule 6 and those enumerated under Sec. 12,
Rule 8. Effect of failure to raise the affirmative defense
Thus, the following are the affirmative defenses at the earliest opportunity
that should be raised in the answer: General rule: Failure to raise an affirmative
Under Sec. 5(b), Rule 6, 1st paragraph: defense in the answer or at the earliest opportunity
1. Fraud, constitutes a waiver of the defense.
2. Statute of limitations,
3. Release, Exception: Non-waivable grounds
4. Payment, a. Lack of jurisdiction over the subject matter;
5. Illegality, b. Litis pendentia;
6. Statute of frauds, c. Res judicata; and
7. Estoppel, d. Statute of limitations. [Sec. 1, Rule 9]
8. Former recovery,
9. Discharge in bankruptcy, and Note: If the non-waivable grounds are not raised in
10. Any other matter by way of the answer, the Amended Rules allow them to be
confession and avoidance. proper grounds for a motion to dismiss. [Sec. 12,
Rule 15] With the deletion of Rule 16, and
Note: The court is allowed to conduct a summary consequently the time for filing of a motion to
hearing within 15 calendar days from the dismiss, it seems that the Amended Rules do not
allegation of these affirmative defenses in the provide for a specific period where the filing of a
answer. After such hearing, they must be resolved motion to dismiss may be done.
by the court within 30 calendar days from the end
of the summary hearing. [Sec. 12(d), Rule 8] Remedy if the affirmative defense is denied
Affirmative defenses, if denied, shall not be the
Under Sec. 5(b), Rule 6, 2nd paragraph subject of a motion for reconsideration, or a petition
11. Lack of jurisdiction over the subject for certiorari, prohibition, or mandamus, but may be
matter; among the matters to be raised on appeal after a
12. Litis pendentia, and judgment on the merits. [Sec. 12(e), Rule 8]
13. Res judicata.
Note: Curiously, the Amended Rules do not provide Note: If denied, the case will proceed to trial. The
a time for which the court must act on these grounds defendant may raise the matter on appeal after
when they are alleged as affirmative defenses in the judgment on the merits.
answer. Section 12, Rule 8 merely provides for a
period for the affirmative defenses listed in the first
paragraph of Sec. 5(b), Rule 6 and not for those The first and second sentence refers to specific
listed under the second paragraph of such rule. denial, while the last sentence refers to lack of
knowledge
Under Sec. 12, Rule 8:
14. Lack of jurisdiction over the person Q: X is filing a case for payment of the allegedly
of the defendant, borrowed amount of Php10,000 by Y. Y said in
15. Improper venue, his pleading that he had already paid the
16. Lack of legal capacity to sue of the amount. Did Y raise a negative defense?
plaintiff, No, rather Y raised an affirmative defense.
17. Failure to state a cause of action, and Raising the defense of payment, he raised an
18. Failure to comply with a condition affirmative defense in which while admitting the
precedent.
facts, raising a fact that would nevertheless bar (b) by copying the instrument in the pleading.
recovery by X. (Imperial Textile Mills, Inc. v. Court of Appeals,
G.R. No. 86568, March 22, 1990)
Q: How then could Y possibly raise a negative
defense? With the amendment, the second manner of
By specifically denying the claim against him. pleading an actionable document no longer applies.
As an example, Y could raise that it is not him who The substance of the actionable document must be
contracted and borrowed the money, but rather Z, alleged in the pleading and a copy thereof must be
his brother. attached. Copying the instrument in the pleading
It is a negative defense considering that he denied will no longer suffice.
such fact and never admitted the same.
Pleading an actionable document Actionable
Q: Should Y’s answer containing a specific document
denial be under oath? Whenever an action or defense is based or founded
No upon a written instrument or document, said
instrument or document is deemed an actionable
Q: When then should an answer containing a document [1 Riano 359, 2014 Bantam Ed.]
specific denial be under oath?
Only in cases of specifically denying actionable Pleading the document
documents 1. The substance of such document shall be set
forth in the pleading, and
Actionable Documents [RULE 8.07; 8.08] 2. The original or a copy thereof shall be
Rule 8, Section 7. Action or defense based on attached to the pleading as an exhibit. [Sec.
document. — Whenever an action or defense is 7, Rule 8]
based upon a written instrument or document, the
substance of such instrument or document shall be Note: The Amended Rules deleted the provision
set forth in the pleading, and the original or a copy allowing for the copying of the instrument on the
thereof shall be attached to the pleading as an pleading. Therefore, such is no longer allowed as a
exhibit, which shall be deemed to be a part of the means of pleading an actionable document. This
pleading, or said copy may with like effect be set means that setting forth the substance of the
forth in the pleading. actionable document and the attachment of such
to the pleading is the only way to plead the
Actionable documents – are those which is the basis document under the Amended Rules.
of one’s claim or defense.
How do you allege an actionable document? A variance in the substance of the document set
Section 7 provides the answer. forth in the pleading and the document annexed
To allege an actionable document, you either (1) thereto does not warrant dismissal of the action.
copy the document verbatim in your pleading; or (2) [Convets Inc. v. National Dev. Co., G.R. No. L-
copy the basis of your claim and attach a copy of 10232 (1958)]
the document.
Rule 8, Section 8. How to contest such
Use the first mode if your document is short like a documents. — When an action or defense is
promissory note. Use the second mode if your founded upon a written instrument, copied in or
document is quite lengthy like a contract of attached to the corresponding pleading as provided
mortgage consisting of 20 pages. in the preceding section, the genuineness and due
Under the old rules, there are 2 ways of pleading an execution of the instrument shall be deemed
actionable document, namely: admitted unless the adverse party, under oath
(a) by alleging the substance of such written specifically denies them, and sets forth what he
instrument in the pleading and attaching a copy claims to be the facts, but the requirement of an
thereof to the pleading; and oath does not apply when the adverse party does not
appear to be a party to the instrument or when specifically denying under oath, by the responsive
compliance with an order for an inspection of the pleadings such as the answer, and specifically reply
original instrument is refused. and rejoinder in which they are specifically
available for.
You contest the actionable document by specifically
denying it under oath. The pleading must contain a Effect of failure to specifically deny [8.11]
jurat (subscribed and sworn to before me). Rule 8, Section 11. Allegations not specifically
Otherwise, the authenticity and due execution of the denied deemed admitted. — Material averment in
document are deemed admitted. Only authenticity the complaint, other than those as to the amount of
and due execution, not the contents of the unliquidated damages, shall be deemed admitted
document. when not specifically denied. Allegations of usury
in a complaint to recover usurious interest are
**The provision is essentially the same except for deemed admitted if not denied under oath.
the deletion of the second manner of pleading an
actionable document (by copying the instrument in *The amendment changes the term “material
the pleading), and the amendment to address gender averment” into plural form. Instead stating that the
sensitivity. material averment is in the complaint, it is amended
to state that it is in a pleading asserting a claim or
How to contest an actionable document claims. The provision on allegations of usury in a
General rule: complaint was deleted, probably because of the
The adverse party, under oath, specifically denies suspension of the Usury Law.
them, and sets forth what he or she claims to be the *Failure to deny shall admit the facts
facts
Q: Is such provision limited to complaints?
Exceptions: The requirement of an oath does not No as it includes any pleading in which a
apply when: responsive pleading can be filed.
1. The adverse party does not appear to be a It is with the exception of course of those which
party to the instrument, or does not require a response thereto, considering that
2. Compliance with an order for an inspection those facts are deemed automatically controverted
of the original instrument is refused. [Sec. 8, despite no response.
Rule 8]
Q: Y specifically denied the genuineness of the
Effect of failure to deny under oath actionable document allegedly executed by them.
The genuineness and due execution of the He claims that he had never seen such document,
actionable document is deemed admitted. [Sec. 8, nor wrote on such, and further met the plaintiff
Rule 8] X. Will Y’s denial prosper to the effect that he
contested the genuineness and due execution of
Meaning of due execution and genuineness said actionable document?
That the party whose signature it bears admits that No, as specific denial of actionable documents must
he signed it or that it was signed by another for him be under oath.
with his authority; that it was in words and figures Without any showing that it is under oath, the
exactly as set out in the pleading of the party relying specific denial alone is insufficient.
upon it; that the document was delivered and that In effect, he did not contest such document, and
any formal requisites required by law, such as a admitted the facts.
seal, an acknowledgment, or revenue stamp, which
it lacks, are waived by him [Hibberd v. Rohde and Q: A, an employee of X, was accused of taking
Mcmillian, G.R. No. 8418 (1915)] shabu while at work. In answering thereto, A
said that “I do not use shabu while at work”. Did
Thus, in line with the above provision, denial of the A successfully denied specifically the allegation
actionable document can only be done by against him?
R E M E D I A L L A W 1 N O T E S | P a g e | 10
No, as his denial is deemed as a negative pregnant Did Atty. X successfully deny specifically that it
was not her wife, Atty. Y, who signed the
Negative pregnant pleading but instead it is him?
It is a denial pregnant with an admission. No, as there is a failure to deny such fact.
It so happens when the allegation is a complex Instead of specifically stating reasons thereto, Atty.
compound (containing a qualifier), to the extent that X answered vaguely and artistically.
what is being denied is merely the qualifier, but not However, despite the art, said statement did not
the allegation itself. pertain to the allegation needed to be denied.
In effect, the party denying is admitting the fact (Lacurom v. Jacoba)
itself, but qualifying it by denying such qualifier.
Q: For recovery of ill-gotten wealth, the PCGG
Q: A, an employee of X, was accused of taking filed a case against X, Y, and Z, family members
shabu. Can there be a negative pregnant in case of then President A, a dictator.
of denial by A? PCGG claims that they have several Swiss bank
No, considering that a qualifier to which a denial accounts and that they have a deposit amounting
can attach does not exist. to $300,000,000.
In this case, A can only specifically deny by saying In answering thereto, X, Y, and Z, denied in the
―I do not take shabu” following manner:
“They could not have known anything, as they
Q: A accused Y of having affairs with his wife Z. are NOT privy to the contracts;
According to A, Z confessed to him that she has We could not recall, considering that it is a long
an affair with Y. Such affair was characterized time ago”
by Z to be abusive and tormenting, considering Did X, Y, and Z successfully deny the allegation
the physical and verbal abuse, drug inducement, against them?
and blackmailing against her made by Y that if No, considering that they failed to deny the material
she leaves her, someone will die. allegation, which is the existence of Swiss accounts
Y answered, in this manner: and the amount of bank deposit.
“I did not abuse nor torment Z. Neither did I By raising the defense of the PCGG‘s lack of
physically or verbally abuse Z, drugged Z, nor knowledge, and that they could not remember the
blackmailed Z.” amounts, they effectively raised a negative
Did Y successfully denied specifically the pregnant, and thus admitted the following:
allegation against him? a) That indeed there are Swiss accounts; and
No, as he merely denied the qualifiers. b) That the amount is $300,000,000 (Republic v.
As he merely denied the qualifiers, he failed to Sandiganbayan)
specifically deny the fact which is being qualified,
which in this case, is the illicit relationship. Alleging official documents [8.09]
For failure to deny such, it is deemed admitted that
indeed there is an affair between Y and Z. (Valdez Rule 8, Section 9. Official document or act. — In
v. Dabon) pleading an official document or official act, it is
sufficient to aver that the document was issued or
Q: Atty. X and Atty. Y are spouses. X is the act was done in compliance with law.
currently handling a case. One time, X
mistakenly handed over to Y the pleading, to *Amendment involves a grammatical change only.
which the latter signed, thinking that it is her
case, and that she was in a hurry. Official documents or acts In pleading official
Eventually, when asked about such fact, Atty. X documents or acts, it is sufficient to aver that the
stated: document was issued or the act was done in
“I only raise my guns, and honed them, only to compliance with law. [Sec. 9, Rule 8]
point at statements which are monumental”
Alleging judgments [8.06]
day period stated therein, and the amendment to

Rule 8, Section 6. Judgment. — In pleading a address gender sensitivity.
judgment or decision of a domestic or foreign court,
judicial or quasi-judicial tribunal, or of a board or Striking out of a pleading
officer, it is sufficient to aver the judgment or The court may order any pleading to be stricken out
decision without or that any sham or false, redundant, immaterial,
setting forth matter showing jurisdiction to render it. impertinent, or scandalous matter be stricken out
An authenticated copy of the judgment or therefrom. [Sec. 13, Rule 8]
decision shall be attached to the pleading.
How done
*The amendment is in line with including evidence 1. Upon motion by a party before responding
to the pleading. An authenticated copy of the to a pleading;
judgment is evidence thereof. 2. Upon motion by a party within 20 calendar
days after service of the pleading upon him
or her, if no responsive pleading is allowed
Judgments by the rules; or
In pleading a judgment or decision of either a 3. Upon the court’s own initiative at any time.
domestic or a foreign court, judicial or quasi- [Sec. 13, Rule 8]
judicial tribunal, or a board or officer, it is sufficient RULE 9
to aver the judgment or decision without setting Effect of Failure to Plead
forth matter showing jurisdiction to render it.
Section 1. Defenses and objections not pleaded. —
However, under the Amended Rules, an Defenses and objections not pleaded either in a
authenticated copy of the judgment or decision motion to dismiss or in the answer are deemed
pleaded must be attached to the pleading. [Sec. 6, waived. However, when it appears from the
Rule 8] pleadings or the evidence on record that the court
has no jurisdiction over the subject matter, that
Q: Is it necessary that in alleging a judgment, the there is another action pending between the same
jurisdiction of said court be shown? parties for the same cause, or that the action is
No, it is sufficient to attach an authenticated copy of barred by a prior judgment or by statute of
such judgment or decision. limitations, the court shall dismiss the claim. (2a)
The rationale for such is that jurisdiction is
presumed. Rule 9
Effect of Failure to Plead
Rule 8, Section 13. Striking Out of Pleading or Residual prerogatives, as laid down in Katon vs
Matter Contained Therein. Upon motion made by a Palanca, is the authority of the appellate court to
party before responding to a pleading or, if no dismiss a case motu proprio pursuant to the grounds
responsive pleading is permitted by these Rules, under Section 1 of Rule 9. They are: res judicata,
upon motion made by a party within twenty (20) litis pendentia, prescription, lack of jurisdiction and
calendar days after the service of the pleading upon statute of limitation.
him or her, or upon the court's own initiative at any
time, the court may order any pleading to be Tie this up with Section 3, Rule 17: Dismissal due
stricken out or that any sham or false, redundant, to fault of plaintiff. — If, for no justifiable cause,
immaterial, impertinent, or scandalous matter be the plaintiff fails to appear on the date of the
stricken out therefrom. presentation of his evidence in chief on the
complaint, or to prosecute his action for an
*The former Section 12 was moved to Section 13. unreasonable length of time, or to comply with
The provision is essentially the same except for the these Rules or any order of the court, the complaint
addition of the word “calendar” to qualify the 20- may be dismissed upon motion of the defendant or
upon the court's own motion, without prejudice to
the right of the defendant to prosecute his counterclaim, or a cross-claim, not set up shall be
counterclaim in the same or in a separate action. barred.
This dismissal shall have the effect of an
adjudication upon the merits, unless otherwise Failure to plead compulsory counterclaim and
declared by the court. cross-claim
General rule: A compulsory counterclaim, or a
Thus, the 8 grounds by which the court can dismiss cross-claim, not set up shall be barred. [Sec. 2, Rule
a case motu proprio are: (PRIOR TO 9]
AMENDMENT)
(1) res judicata (Section 1, Rule 9) Exceptions:
(2) litis pendentia (Section 1, Rule 9) 1. Omitted Counterclaim or Cross-claim
(3) lack of jurisdiction (Section 1, Rule 9) When a pleader fails to set up a counterclaim or
(4) statute of limitation (Section 1, Rule 9) cross-claim through oversight, inadvertence, or
(5) failure of any party to appear for the excusable neglect, or when justice requires, he may,
presentation of evidence in chief (Section 3, by leave of court, set up the counterclaim or
Rule 17) cross-claim by amendment before judgment.
(6) plaintiff’s failure to prosecute his action for [Sec. 10, Rule 11]
an unreasonable length of time (Section 3,
Rule 17) 2. Counterclaim or Cross-claim after Answer
(7) plaintiff’s failure to comply with these Rules A counterclaim or a cross-claim which either
or any order of the court (Section 3, Rule matured or was acquired by a party after serving his
17) pleading may, with the permission of the court, be
(8) the rule in summary procedure presented as a counterclaim or a cross-claim by
supplemental pleading before judgment. [Sec. 9,
Failure to plead defenses and objections Rule 11]
General rule: Defenses and objections not pleaded
in either a motion to dismiss or in the answer are Rule 9, Section 3. Default; declaration of. — If
deemed waived [Sec. 1, Rule 9] the defending party fails to answer within the time
allowed therefor, the court shall, upon motion of the
Exceptions: claiming party with notice to the defending party,
The court shall dismiss the case when it appears and proof of such failure, declare the defending
from the pleadings or the evidence on record that: party in default. Thereupon, the court shall proceed
1. The court has no jurisdiction over the to render judgment granting the claimant such relief
subject matter, as his or her pleading may warrant, unless the court
2. There is another action pending between the in its discretion requires the claimant to submit
same parties for the same cause (litis evidence. Such reception of evidence may be
pendentia), delegated to the clerk of court.
3. The action is barred by a prior judgment
(res judicata), or (a) Effect of order of default. — A party in default
4. The action is barred by statute of limitations shall be entitled to notice of subsequent proceedings
(prescription). [Sec. 1, Rule 9] but shall not take part in the trial.
Note: The Amended Rules provide that the (b) Relief from order of default. — A party declared
aforementioned grounds are the only grounds in default may at any time after notice thereof and
allowed in a motion to dismiss. [Sec. 12 (a), Rule before judgment file a motion under oath to set
15] aside the order of default upon proper showing that
his or her failure to answer was due to fraud,
Waiver of Defenses and Objections; Default accident, mistake or excusable negligence and that
Rule 9, Section 2. Compulsory counterclaim, or he or she has a meritorious defense. In such case,
cross-claim, not set up barred. — A compulsory the order of default may be set aside on such terms
and conditions as the judge may impose in the A moved to declare B in default, to which the
interest of justice. court did. Did the court properly declared B in
default?
(c) Effect of partial default. — When a pleading No, the order of default is improper
asserting a claim states a common cause of action In the example, order of default not valid, as
against several defending parties, some of whom summary procedure/small claims
answer and the others fail to do so, the court shall
try the case against all upon the answers thus filed Q: A filed a case of B for sum of money for
and render judgment upon the evidence presented. amounting to Php500k.
B received summons on 10 January
(d) Extent of relief to be awarded. — A judgment On February 15, B has not filed his answer to the
rendered against a party in default shall neither complaint.
exceed the amount or be different in kind from that The court declared defendant in default. Is the
prayed for nor award unliquidated damages. court correct in declaring such?
No, as the court cannot declare the defendant in
(e) Where no defaults allowed. — If the defending default motu proprio.
party in an action for annulment or declaration of In order to be valid there must be a motion by the
nullity of marriage or for legal separation fails to adverse party
answer, the court shall order the Solicitor General
or his or her deputized public prosecutor, to Q: A filed a case of B for sum of money for
investigate whether or not a collusion between the amounting to Php500k.
parties exists, and if there is no collusion, to B received summons on 10 January
intervene for the State in order to see to it that the On February 15, B has not filed his answer to the
evidence submitted is not fabricated. complaint.
A moved to declare B in default, to which the
**The first paragraph is the same, except for the court did. Did the court properly declared B in
amendment to address gender sensitivity. default?
Paragraph (a) only involves only the inclusion of No, the order of default is improper
the word “shall” to emphasize that the defaulting In the example, order of default not valid, as
party will not take part in the trial. summary procedure/small claims
Paragraph (b) includes a grammatical amendment,
of including a comma after the word judgment, and Q: A filed a case of B for sum of money for
amendments to address gender sensitivity. amounting to Php500k.
Paragraph (c) is the same. B received summons on 10 January
Paragraph (d) only includes a grammatical On February 15, B has not filed his answer to the
amendment of inserting the word “neither”. complaint.
Paragraph (e) as amended, specifies that the A moved to declare B in default. The next day,
prosecuting attorney is the Solicitor General or his the court declared B as in default. Is the court’s
or her deputized public prosecutor. The old rule order valid?
only mentioned public prosecutor. No, it is invalid.
A motion to declared defendant in default is a
It is an order declaring the defending party in litigious motion.
default for failure to file an answer to the complaint As a litigious motion, there must be a hearing
within the period allowed considering that the court cannot act upon said
motion without prejudicing the rights of the adverse
Q: A filed a case of B for sum of money for party.
amounting to Php250k. Thus, absent any showing that a hearing was
B received summons on 10 January conducted, or due process at least, then the order
On February 15, B has not filed his answer to the should be deemed invalid.
complaint.
Effect of order of default (NOTE: Aside from default, a summary judgment

He loses personality to the case. cannot be had in such proceedings, considering that
While he is still entitled to notice and other court no judgment by stipulation of facts or admission
processes, he cannot however participate in the trial shall be rendered thereto)
of the case.
Q: May a plaintiff be declared in default?
Q: As an order of default has been decreed Yes, as a general rule, he may be declared in
against him, X filed a Motion for default for failure to file an answer to a permissive
Reconsideration. Will his motion prosper? counterclaim.
No, the proper remedy should be a Motion to Lift
Order of Default (BDO v. Tansipek) However, as an exception, he cannot be declared in
Effect of granting Motion to Lift Order of default for failure to answer a compulsory
Default counterclaim, considering that matters raised therein
Defaulted party regains his personality, and thus can are controverted despite no answer to that effect.
participate in the proceedings
On the other hand, as an exception to the
Q: Is a motion to lift order of default available in exception, while it is a compulsory counterclaim,
trial only? failure to file an answer thereto would lead to a
No, as personality can be regained even after declaration in default, if the said compulsory
judgment, for purposes of post-judgment remedies counterclaim is anchored on an actionable
such a Motion for New Trial or Reconsideration, or document, to which an answer is needed to
even Appeal specifically deny under oath the genuineness and
due execution of the actionable document. Thus:
GR: May be declared in default for failure to file an

Q: For failure to attend pre-trial, the court answer to a permissive counterclaim;
declared X in default. Subsequently, a judgment
by default was rendered against her. Is the ER: Would not be declared in default despite no
judgment valid? answer, in cases of compulsory counterclaim;
No, as it did not precede an order of default.
An order of default can ONLY BE HAD IN EER: Can be declared in default if there is a failure
CASES OF FAILURE TO FILE AN ANSWER, to answer a compulsory counterclaim anchored on
NO MORE, NO LESS. an actionable document
Thus, the order declaring X in default is invalid, as
it is rooted from her failure to appear in pre-trial, Rule as to judgment by default
and as such, an order of default cannot be had from GR: Every judgment by default must be preceded
such failure. (Salvador v. Rabaja) by an order of default;
(NOTE: Thus, the only ground to file a motion to ER: Section 5, Rule 29; Failure to comply with
declare defendant in default, is for failure to file an modes of discovery, specifically on deposition,
answer) which states:
Q: For failure to respond to the petition for 29.05. Failure of Party to Attend or Serve
nullity of marriage of Husband H, Wife W was Answers;
declared in default. Did the court properly order If a party or an officer or managing agent of a party
such default? wilfully fails to appear before the officer who is to
No, as no order of default can attach in a petition for take his or her deposition, after being served with a
nullity of marriage, considering that the family is an proper notice, or fails to serve answers to
inviolable institution. interrogatories submitted under Rule 25 after proper
For preventing such order, a judgment by default is service of such interrogatories, the court on motion
thereby prevented. and notice, may strike out all or any part of any
pleading of that party, or dismiss the action or There are 2 kinds of motions: (1) litigious motion
proceeding or any part thereof, or enter a and (2) non-litigious (or oral) motion. Since a
judgment by default against that party, and in its motion to declare a party in default is a litigated
discretion, order him or her to pay reasonable motion, it must comply with section 4 (must be in
expenses incurred by the other, including attorney's writing, and comply with 3-day notice rule), section
fees. 5 (10-day setting rule), and section 6 (copy of
(NOTE: This is the ONLY instance where a pleading must be served upon the adverse party) of
judgment by default is valid despite no order of Rule 15.
default prior thereto)
Rule 15, Section 4. Hearing of motion. — Except
(Bronds Notes) for motions which the court may act upon without
Under the 1997 Rules of Court, when may a party prejudicing the rights of the adverse party, every
be declared in default? There is only one ground for written motion shall be set for hearing by the
declaring a party in default: failure to file applicant.
responsive pleading within the required period.
Now, there is no more declaration of a party as in Every written motion required to be heard and the
default that used to be in the 1960 Rules of Court notice of the hearing thereof shall be served in such
that has been deleted by the 1997 Rules of Court. a manner as to ensure its receipt by the other party
at least three (3) days before the date of hearing,
A files a case against B for unlawful detainer and unless the court for good cause sets the hearing on
forcible entry and summons was served upon B on shorter notice.
January 5. On February 5, B has not yet filed an
answer. Can B be declared in default for failure to Rule 15, Section 5. Notice of hearing. — The
file his answer? No, the case is covered by the notice of hearing shall be addressed to all parties
Rules of Summary Procedure and an order of concerned, and shall specify the time and date of
default or a motion to declare defendant in default is the hearing which must not be later than ten (10)
a prohibited pleading. days after the filing of the motion.
If there is only one ground, the 2 other grounds in Rule 15, Section 6. Proof of service necessary. —
the 1960 Rules of Court to declare a party as in No written motion set for hearing shall be acted
default have been eliminated: (1) when a party fails upon by the court without proof of service thereof.
to appear at the pre-trial; or (2) the party fails to file
a pre-trial brief. 3-day notice rule – a copy of the pleading must be
received 3 days before the scheduled hearing (not
Now, if the plaintiff does not appear at the pre-trial, must be sent). If the motion day is a Friday, it must
it will be nonsuited and result to a dismissal. be received not later than Tuesday. Under
Defendant can present evidence ex parte on his computation of time in Rule 22, you must always
counterclaim. If the defendant fails to appear at the exclude the first day and include the last day.
pre-trial or submit a pre-trial brief, the plaintiff can
present evidence ex parte. There is no need to Rule 22, Section 1. How to compute time. — In
declare them as in default. computing any period of time prescribed or allowed
by these Rules, or by order of the court, or by any
To declare a party in default because of failure to applicable statute, the day of the act or event from
file responsive pleading within the required period, which the designated period of time begins to run is
the other party must file a motion. There is no to be excluded and the date of performance
declaration in default motu proprio. It must always included. If the last day of the period, as thus
be through a litigious motion. computed, falls on a Saturday a Sunday, or a legal
holiday in the place where the court sits, the time
(see page 16 Prac Court NOTES) shall not run until the next working day.
10-day setting rule – you have to set the hearing the remedies against a judgment may be availed of
within a period of 10 days from the filing of a such as motion for reconsideration, motion for new
motion. If there is a conflict between the 2, what trial and appeal.
should prevail over which? The 3-day notice rule
must prevail, because the 10-day setting rule is General rule: An order of default must always
addressed to the court while the 3-day notice rule is precede a judgment by default.
addressed to the adverse party. The adverse party
must not be prejudiced. Exception: Where a judgment by default may be
granted by the court without being preceded by an
When the party is supposed to file a responsive order of default: refusal to comply with the modes
pleading within 15 days from receipt of the of discovery (Rule 29, Section 3(c)).
summons (ex. defendant receives the summons with
the copy of the complaint) and he fails to file his Rule 29, Section 3. Other consequences. — If any
answer to the complaint within 15 days from receipt party or an officer or managing agent of a party
thereof, the plaintiff can go to the court and file a refuses to obey an order made under section 1 of
motion to declare the defendant in default. It is a this Rule requiring him to answer designated
litigated motion and it must comply with sections 4, questions, or an order under Rule 27 to produce any
5 and 6 of Rule 15. document or other thing for inspection, copying, or
photographing or to permit it to be done, or to
The plaintiff may also be declared in default in a permit entry upon land or other property or an order
case where the defendant files a permissive made under Rule 28 requiring him to submit to a
counterclaim (thus, the plaintiff must file an physical or mental examination, the court may make
answer). What is the effect if a party is declared in such orders in regard to the refusal as are just, and
default? He loses his personality before the court. among others the following: xxx
When he loses his personality before the court, he
can no longer participate in the proceedings. (c) An order striking out pleadings or parts thereof,
or staying further proceedings until the order is
How can he regain his personality before the court? obeyed, or dismissing the action or proceeding or
There is only one way according to the SC which any part thereof, or rendering a judgment by default
was discussed in Banco de Oro vs Tansipek: Even against the disobedient party; xxx
if you lose your personality before the court because
you have been declared in default, you are still UP BOC:
entitled to notices. You are only deprived of Default
participation in the trial but you are still entitled to Failure of the defending party to answer within the
processes. In this case, the defaulted party filed a time allowed therefor. [Sec. 3, Rule 9]
motion for reconsideration. SC held that a motion
for reconsideration is not a valid remedy. There is Dual stages of default
one remedy: a motion to set aside the order of
default. This motion is also a litigated motion and
must conform to Sections 4, 5, 6 of Rule 15. When
the motion to set aside the order of default is
granted by the court, then you regain your
personality before the court.
If you do not regain your personality in court, what

follows an order of default? A judgment by default.
While there is only one remedy against an order of
default (which is a motion to set aside the order of
default), there are several remedies against a
judgment by default. Because it is a judgment, all When declaration of default is proper
The rule on default clearly establishes the “failure to The court may either:
answer within the time allowed therefor” as the a. Proceed to render judgment granting the
ground for a declaration of default [Sec. 3, Rule 9]. claimant such relief as his or her pleading
may warrant, or
Failure to attend the pre-trial does not result in b. Require the claimant to submit evidence;
the "default" of the defendant. Instead, the failure such reception of evidence may be delegated
of the defendant to attend shall be cause to allow the to the clerk of court. [Sec. 3, Rule 9]
plaintiff to present his evidence ex-parte and the
court to render judgment on the basis thereof A declaration of default is not tantamount to an
[Aguilar v. Lightbringers Credit Cooperative, G.R. admission of the truth or validity of the plaintiff’s
No. 209605 (2015)] claims. [Monarch Insurance v. CA, G.R. No. 92735
(2000)]
Requisites before a declaration of default
1. The court must have validly acquired A defending party declared in default retains the
jurisdiction over the person of the right to appeal from the judgment by default.
defending party, either by service of However, the grounds that may be raised in such an
summons or voluntary appearance; appeal are restricted to any of the following:
2. The defending party must have failed to file a. The failure of the plaintiff to prove the material
his answer within the time allowed therefor; allegations of the complaint;
3. The claiming party must file a motion to b. The decision is contrary to law; and c. The
declare the defending party in default; amount of judgment is excessive or different in kind
4. The claiming party must prove that the from that prayed for.
defending party has failed to answer within
the period provided by the ROC; [Sablas v. In these cases, the appellate tribunal should only
Sablas, G.R. No. 144568 (2007)] consider the pieces of evidence that were presented
5. The defending party must be notified of the by the plaintiff during the ex parte presentation of
motion to declare him in default; and [Sec. his evidence. [Otero v. Tan, G.R. No. 200134
3, Rule 9] (2012)]
6. There must be a hearing set on the motion
to declare the defending party in default Relief from an order of default
[Spouses de los Santos v. Carpio, G.R. No. Relief before judgment
153696 (2006)] [1 Riano 364, 2014 Bantam File a motion under oath to set aside the order of
Ed.] default upon proper showing that:
a. His or her failure to answer was due to
Effect of an order of default fraud, accident, mistake or excusable
A party in default shall be entitled to notices of negligence, and
subsequent proceedings but shall not take part in b. He has a meritorious defense - such that the
the trial. [Sec. 3, Rule 9] motion must be accompanied by a statement
of the evidence which he intends to present
The party declared in default loses his standing in if the motion is granted and which is such as
court. The loss of such standing prevents him from to warrant a reasonable belief that the result
taking part in the trial. He forfeits his rights as a of the case would probably be otherwise if a
party litigant, has no right to present evidence new trial is granted [Kilosbayan v. Janolo,
supporting his allegations, to control the G.R. No. 180543 (2010)] [Sec. 3(b), Rule 9]
proceedings, or cross-examine witnesses. [1 Riano
305, 2016 Bantam Ed.] In such a case, the order of default may be set aside
in such terms and conditions as the judge may
A party in default may still participate as a witness. impose in the interest of justice. [Sec. 3(b), Rule 9]
[Cavili v. Florendo, G.R. No. 73039 (1987)]
Relief after judgment but before it has become state a cause of action, hence the same should be
final and executory dismissed. [1 Regalado 193, 2010 Ed., citing Reyes
The party declared in default may file: v. Tolentino, G.R. No. L-29142 (1971)].
a. a motion for new trial under Sec. 1(a), Rule
37 [Lina v. CA, G.R. No. L-63397 (1985)], Actions where default are not allowed
or In case of failure to file an answer in an action for
b. an appeal from the judgment as being 1. Annulment or declaration of nullity of
contrary to the evidence or the law marriage, or
[Republic v. Sandiganbayan, G.R. No. 2. Legal separation
148154 (2007), cited in 1 Riano 373, 2014
Bantam Ed.] The court shall order the Solicitor General, or his or
her deputized public prosecutor:
Relief after judgement has become final and 1. To investigate whether or not a collusion
executory between the parties exists, or
2. To intervene for the State in order to see to
He may file a petition for relief under Rule 38 [Lina it that the evidence submitted is not
v. CA, G.R. No. L-63397 (1985)] fabricated, if there is no collusion. [Sec.
3(e), Rule 9]
These remedies presuppose that the defending party
was properly declared in default, but it is submitted, Other instances where default is not allowed:
however, that certiorari will lie when said party 1. Special civil actions of certiorari, prohibition
was improperly declared in default. [1 Riano 374, and mandamus where comment instead of an
2014 Bantam Ed.] answer is required to be filed. [Sec. 6, Rule 65]
2. Cases covered by the Rule on Summary
Effect of a partial default Procedure [See Sec. 6, Rule on Summary
Partial default takes place when the complaint Procedure, which requires the court to render.
states a common cause of action against several judgment if the defendant fails to answer]
defendants, and only some of whom answer. [Sec. 3. In expropriation proceedings, whether or not a
3, Rule 9] defendant has previously appeared or answered, he
may present evidence as to the amount of
Effects compensation to be paid for his property in the trial
1. The court should declare defaulting of the issue of just compensation. [Sec. 3(2), Rule
defendants in default, and proceed to trial on 67]
answers of others
2. If the defense is personal to the one who
answered, it will not benefit those who did
not answer. IV. RULES 10 TO 14: AMENDMENTS TO
SUMMONS
v. Extent of relief RULE 10
A judgment rendered against a party in default shall Amended and Supplemental Pleadings
neither: A. Amendments and Supplemental Pleadings
1. Exceed the amount, Section 1. Amendments in general. — Pleadings
2. Be different in kind from that prayed for, may be amended by adding or striking out an
nor allegation or the name of any party, or by correcting
3. Award unliquidated damages. [Sec. 3(d), a mistake in the name of a party or a mistaken or
Rule 9] inadequate allegation or description in any other
respect, so that the actual merits of the controversy
The fact that the defendant was declared in default may speedily be determined, without regard to
is of no moment when the plaintiff would not have technicalities, and in the most expeditious and
been entitled to relief since his complaint did not inexpensive manner.
SUPPLEMENTAL PLEADINGS [10.06]

Kinds of Amendments
There are 2 sets of classifications of amendments It refers to any of the following which has arisen
both in civil and criminal cases. SINCE THE DATE OF THE PLEADING TO BE
 Substantial vs Formal SUPPLEMENTED:
o Substantial amendment – when such amendment 1. Transactions;
would be prejudicial to a party 2. Occurrences; or
o Formal amendment – is not prejudicial to a party 3. Events
because it is only amended as to the form
(NOTE: In sum, amendments pertain to presently
Section 4. Formal amendments. — A defect in the available facts which can be changed. On the other
designation of the parties and other clearly clerical hand, supplements pertain to those which merely
or typographical errors may be summarily corrected arose after the pleading concerned)
by the court at any stage of the action, at its
initiative or on motion, provided no prejudice is Q: When a pleading is amended or
caused thereby to the adverse party. supplemented, would the fact remain that the
 As a matter of right vs by leave of court (applies amended pleading or supplemented pleading still
in both civil and criminal but the time frame differs) be considered as a judicial admission?
o In civil cases, amendment is a matter of right No, the amended or supplemented pleading shall
before the responsive pleading is served cease to be a judicial admission, considering that
the facts consisting in the prior pleading are now
When proper changed.
a. Defect in the designation of the parties, or
b. Other clearly clerical or typographical errors Q: What then is the effect on the amended or
[Sec. 4, Rule 10] supplemented pleading, evidentiary wise?
The amended or supplemented pleading shall be
How made deemed as an extrajudicial admission.
Such defects or errors are summarily corrected by Thus, as an extrajudicial admission, proof is
the court, at any stage of the action, at its initiative necessary.
or on motion, provided no prejudice is caused In contrast, if it is a judicial admission, proof is no
thereby to the adverse party. [Sec. 4, Rule 10] longer necessary.
Amendment v. Supplement Section 6. Supplemental pleadings. — Upon

AMENDMENTS [10.01] motion of a party, the court may, upon reasonable
It refers to the amendment of the pleadings‘: notice and upon such terms as are just, permit him
1. Allegation: or her to serve a supplemental pleading setting
a. Adding; forth transactions, occurrences or events which have
b. Striking out; happened since the date of the pleading sought to be
c. Correcting if: supplemented. The adverse party may plead thereto
i. Mistaken; or within ten (10) calendar days from notice of the
ii. Inadequate order admitting the supplemental pleading.
2. Name of any party:
a. Adding; * The amendment involves a grammatical change,
b. Striking out; to add a comma after the word “party”, to address
c. Correcting mistake; gender sensitivity and to qualify the 10-day period
3. Description: stated therein as 10 calendar days.
a. Correcting if:
i. Mistaken; or When proper
ii. Inadequate A supplemental pleading is filed to set forth
transactions, occurrences or events which have
happened since the date of the pleading sought to be

supplemented. [Sec. 6, Rule 10]
How made
Upon motion of a party, the court may, upon
reasonable notice and upon such terms as are just,
permit him or her to serve a supplemental pleading
Note: The admission or non-admission of a

supplemental pleading is not a matter of right but is
discretionary on the court. Note the language of
Sec. 6, Rule 10: “may”.
The adverse party may plead thereto within ten

(10) calendar days from notice of the order
admitting the supplemental pleading. [Sec. 6, Rule
10]
Purpose
To bring into the records new facts which will
enlarge or change the kind of relief to which the
plaintiff is entitled. [Ada v. Baylon, G.R. No.
182435 (2012)]
Regarding supplemental pleadings, these are availed

of after the fact.
‘after the fact’ – if something new transpired after
the pleadings have been already in the hands of the
court, then you don’t file an amended pleading but
rather a supplemental pleading.
Under the Rules of Evidence, Rule 129 (What Need
Not Be Proved), judicial notice and judicial
admissions need not be proved. As to the latter, they
are admissions in the pleadings.
Rule 129, Section 4. Judicial admissions. — An

admission, verbal or written, made by the party in
the course of the proceedings in the same case, does
not require proof. The admission may be
contradicted only by showing that it was made
through palpable mistake or that no such admission
was made.
When you amend the pleading, what happens to the
admissions there in the original pleading? They
become extra judicial admissions. Therefore,
evidence must be offered. Only admissions in the

pleadings, not extra judicial admissions. UP BOC:
How to amend pleadings
Amendments 1. Adding an allegation,
Q: Is an amendment available only to civil cases? 2. Adding the name of any party,
No it is available for both civil AND criminal cases 3. Striking out an allegation,
4. Striking out the name of any party,
Q: That amendment applies to both civil and 5. Correcting a mistake in the name of a party,
criminal cases, are they the same in toto? or
No. While they have the same meaning, they differ 6. Correcting a mistaken or inadequate
in the concept of substitution. allegation or description in any other
In a civil case, substitution of the parties is allowed. respect. [Sec. 1, Rule 10]
On the other hand, in criminal cases, substitution of
parties is NOT allowed, what is being substituted in Purpose of Amendments to a Pleading
criminal cases are pleadings. To wit: The courts should be liberal in allowing
amendments to pleadings to avoid a multiplicity of
110.14. Amendment or substitution; suits and in order that the real controversies
A complaint or information may be amended, in between the parties are presented, their rights
form or in substance, without leave of court, at any determined, and the case decided on the merits
time before the accused enters his plea. After the without unnecessary delay. [Tiu v. Phil. Bank of
plea and during the trial, a formal amendment may Communication, G.R. No. 151932 (2009)]
only be made with leave of court and when it can be Amendment as a matter of right
done without causing prejudice to the rights of the Section 2. Amendments as a matter of right. — A
accused. party may amend his pleading once as a matter of
However, any amendment before plea, which right at any time before a responsive pleading is
downgrades the nature of the offense charged in or served or, in the case of a reply, at any time within
excludes any accused from the complaint or ten (10) calendar days after it is served.
information, can be made only upon motion by the
prosecutor, with notice to the offended party and o In criminal cases, amendment is a matter of right
with leave of court. The court shall state its reasons before arraignment
in resolving the motion and copies of its order shall o Thereafter, it is already by leave of court. If you
be furnished all parties, especially the offended seek amendment, you have to precede it with a
party. motion for leave to admit amended pleading.
o Whether it is a matter of right or by leave of court,
If it appears at any time before judgment that a it can be both formal or substantive.
mistake has been made in charging the proper
offense, the court shall dismiss the original Under this mode of amendment, the party has the
complaint or information upon the filing of a ABSOLUTE RIGHT to amend his pleadings.
new one charging the proper offense in
accordance with section 19, Rule 119, provided the Requisites
accused shall not be placed in double jeopardy. The a) Before a responsive pleading served; and
court may require the witnesses to give bail for their b) Availed only once
appearance at the trial.
Kinds of amendments Responsive pleading
1. As to necessity of leave of court: As it refers to a responsive pleading, the right is
a. As a matter of right; or available to:
b. Discretionary; a) Plaintiff as to his complaint, before answer
2. As to the nature of amendment: served; or
a. Formal;
b. Substantial;
b) Defendant as to his answer, before service of Even prior to the amendment, it was settled that an
reply amendment to confer jurisdiction on the court will
not be allowed (Ventura v. Militante, G.R. No.
Q: Is a motion to dismiss a responsive pleading 63145, [October 5, 1999)
to which the amendment of a pleading as a Likewise, it is settled, even before the amendment,
matter of right shall be barred? that a complaint whose cause of action has not yet
No, it is NOT a responsive pleading. accrued cannot be cured or remedied by an
Thus, during the pendency of said motion, the amended or supplemental pleading alleging the
amendment is still available. existence or accrual of a cause of action while the
After the order of dismissal is served, the right is case is pending. Such an action is prematurely
still available within fifteen (15) days. brought and is, therefore, a groundless suit, which
However, after said fifteen (15) days, the order has should be dismissed by the court upon proper
already become final and the right is no longer motion seasonably filed by the defendant. The
available. underlying reason for this rule is that a person
should not be summoned before the public tribunals
A party may amend his pleading once as a matter of to answer for complaints which are immature.
right (Swagman Hotels & Travel Inc. v. Court of
a. At any time before a responsive pleading is Appeals, G.R. No. 161135, April 8, 2005)
served, or The second paragraph is the same.
b. In the case of a reply, at any time within 10
calendar days after it is served [Sec. 2, Rule A files a case against B. Summons was served upon
10] B. Two days after receiving the summons, B files
his answer. Can A still amend the complaint as a
A motion to dismiss is not a responsive pleading matter of right? Yes. The Rules says before the
and does not preclude the exercise of the plaintiff’s responsive pleading is “served,” not “filed.”
right to amend his complaint. [Remington Industrial
Sales v. CA, G.R. No. 133657 (2002)] Substantial amendments may be made only upon
leave of court [Sec. 3, Rule 10]
Amendment by leave of court
Section 3. Amendments by leave of court. — Requisites
Except as provided in the next preceding section, a) Motion for leave of court, accompanied by
substantial amendments may be made only upon the amended pleading sought to be admitted;
leave of court. But such leave shall be refused if it [Sec. 10, Rule 15]
appears to the court that the motion was made with b) Notice is given to the adverse party; and
intent to delay or confer jurisdiction on c) Parties are given the opportunity to be heard.
the court, or the pleading stated no cause of [Sec. 3, Rule 10]
action from the beginning which could be
amended. When leave of court to substantially amend a
pleading shall be refused
Orders of the court upon the matters provided in If it appears to the court that the motion was made:
this section shall be made upon motion filed in 1. With intent to delay;
court, and after notice to the adverse party, and an 2. With intent to confer jurisdiction on the
opportunity to be heard. court; or
3. The pleading stated no cause of action from
* The amendment makes it not merely directory but the beginning. [Sec. 3, Rule 10]
mandatory for the court to deny leave if the motion
was made with intent to delay, confer jurisdiction Note: This rule merely integrates into the Rules of
on the court, or the pleading stated no cause of Court the landmark case of Swagman Hotels v.
action from the beginning which could be amended. Court of Appeals which provided that a complaint
whose cause of action has not yet accrued cannot
be cured or remedied by an amended or authorized to mortgage the property owned by

supplemental pleading alleging the existence or ABC.
accrual of a cause of action while the case is ABC and X received the answers.
pending. [Swagman v. CA, G.R. No. 161135
(2005)] Thus, the complaint of ABC was dismissed.
However, it filed a Motion for Reconsideration,
Thus, it is one which requires leave of court, and pending thereto, filed a Motion to Admit
considering that it is discretionary Amended Complaint, which the court denied.
Did the court correctly deny the motion?
Q: When can substantial amendments be done? (ANSWERING IN ACCORDANCE TO NEW
It may be done in the following circumstances: RULES)
1. During availment of amendment as a matter of Yes, the court is correct. Under the Rules, an
right; amendment which seeks to confer jurisdiction upon
2. With leave of court: the court shall be refused.
a. After responsive pleading has been filed; or (NOTE: The ruling in Lisam Enterprises, Inc. v.
b. In case of a reply, after ten (10) days have BDO states that despite the amendment concerns
elapsed from receipt thereof conferring jurisdiction upon the court, it may be
allowed by the court considering that the case did
Summary of availability of amendment not go to trial yet, and by virtue of liberality must be
allowed, as it will further the facilitation of justice.
The ruling no longer holds true, considering that
under the new Rules, an amendment of such nature
shall be refused.
In effect, the ruling in Lisam is now ineffective)
Q: Why is an amendment seeking to confer

jurisdiction upon the court prohibited?
As from the start, the court has no jurisdiction.
That it is without jurisdiction, it never had
jurisdiction over the original complaint, and thus
nothing is to be amended
Q: X, corporate treasurer of ABC, filed a case in Amendments in relation to issues not raised in
behalf of the latter against DEF, Y, and Z, for the pleading
annulment of mortgage over a parcel of land
owned by entered into by the president Y and Section 5. No Amendment Necessary to Conform to
secretary Z of ABC with DEF. X claims that her or Authorize Presentation of Evidence. When issues
signature was falsified. not raised by the pleadings are tried with the
express or implied consent of the parties, they shall
In answering, DEF moved to dismiss the case, be treated in all respects as if they had been raised
and argued that nowhere in the pleading that it in the pleadings. No amendment of such pleadings
states the authority of X to file the case, and that deemed amended is necessary to cause them to
the case involves an intra-corporate dispute conform to the evidence.
considering that he is filing the case for
transactions entered by its own officers. * Under the old rules, when evidence not within the
issues raised in the pleadings is presented by the
On the other hand, Y and Z denies the parties during the trial, the pleadings are
falsification, and that they were actually subsequently amended on motion of a party to
conform to such evidence. Thus, a complaint which
fails to state a cause of action may be cured by
evidence presented during the trial. (Swagman Q: A files an action for sum of money against B,
Hotels & Travel Inc. v. Court of Appeals, G.R. No. by virtue of loans incurred on January, March,
161135, April 8, 2005) and December.
A filed the complaint, on October, with respect
The amended rules provide, that the issues not to the January and March loans.
raised in the pleadings but tried with the consent of Eventually, on December, it became due. What is
the parties shall already be treated as if they had A’s remedy?
been raised in the pleadings and as such, there no
need to amend the pleadings to conform to He must supplement his pleading, considering that
evidence, as they are deemed amended already. the December loan‘s being due is a fact which
Thus, the amendment, even by the title of the transpired after the complaint.
section, provides that No amendment is necessary
to conform to or authorize presentation of evidence. Section 7. Filing of amended pleadings. — When
any pleading is amended, a new copy of the entire
No amendment necessary to conform to or pleading, incorporating the amendments, which
authorize presentation of evidence shall be indicated by appropriate marks, shall be
When issues are not raised in the pleadings but are filed.
tried with the consent of the parties, they shall be
treated as if they had been raised in the pleading. How to file amended pleadings
No amendment of such pleadings deemed amended When any pleading is amended, a new copy of the
is necessary to cause them to conform to the entire pleading, incorporating the amendments,
evidence. [Sec. 5, Rule 10] which shall be indicated by appropriate marks, shall
be filed. [Sec. 7, Rule 10]
Note: This is a new rule introduced by the Amended
Rules. The old rule provided that in a situation Effect of amended pleading
where issues not raised in the pleadings were tried Section 8. Effect of amended pleadings. — An
with the consent of the parties, the pleadings should amended pleading supersedes the pleading that it
be subsequently amended on motion of a party to amends. However, admissions in superseded
conform to evidence. pleadings may be offered in evidence against the
pleader, and claims or defenses alleged therein not
Thus, as a rule, as long as the parties consented to incorporated in the amended pleading shall be
the trial of the issue not appearing on the pleadings, deemed waived.
no amendment of the pleading is necessary to
conform to the evidence. * The amended provision changes “received” to
“offered” in evidence. This means that the
Q: Why is amendment unnecessary in case of admissions in the superseded pleading may be
issues tried with the consent of the parties? offered, but not necessarily received in evidence.
As under the new Rules, evidence is already in the
pleading. Rule on Amendments in Criminal Procedure is
Back then, it would be necessary to amend as the more taxing. There is only one pleading in criminal
evidence is not included in the pleadings. actions, the information; in civil actions, there are a
Supplemental pleadings lot of pleadings that can be amended. In civil
actions, we have amendatory pleadings and
Q: Does it apply to criminal cases? suppletory pleadings. In criminal procedure, there
No, it does not apply to criminal cases, unlike are no suppletory pleadings; instead, they have
amendments. Thus: amendments and substitutions.
Effect of amended pleading

1. Supersedes the pleading that it amends,
2. Admissions in the superseded pleadings may

be offered in evidence against the pleader Where its filing is not a matter of right, the
defendant shall answer the amended complaint
Note: The amended rules changed the word within fifteen (15) calendar days from notice of the
“received” into “offered”, meaning that the order of admitting the same. An answer earlier filed
admissions in the superseded pleadings may not may serve as the answer to the amended complaint
necessarily be received in evidence. They are if no new answer is filed.
considered extrajudicial admissions.
This Rule shall apply to an answer to an amended
3. Claims or defenses alleged in the superseded counterclaim, amended crossclaim, amended third
pleading but not incorporated or reiterated in (fourth, etc.)-party complaint, and amended
the amended pleading are deemed waived. complaint-in-intervention
[Sec. 8, Rule 10]
**The first paragraph is amended with an increased

RULE 11 the and qualified period - from 15 days to 30
When to File Responsive Pleadings calendar days.
The second paragraph is amended with an increased
SEE PAGE 119 PJA the and qualified period - from 10 days to 15
B. Time/Period for Filing Responsive Pleadings calendar days.
Answer
Section 1. Answer to the complaint. — The The third paragraph only changed “the” to “an”.
defendant shall file his or her answer to the
complaint within thirty (30) calendar days after
service of summons, unless a different period is
fixed by the court. Section 4. Answer to counterclaim or cross-
claim. — A counterclaim or crossclaim must be
** There is a longer period within which to file an answered within twenty (20) calendar days from
answer under the amended rule. It was increased service.
from 15 to 30 days. And the period is also qualified
by calendar days. There is also an amendment to * The amendment increased the and qualified the
address gender sensitivity. period from 10 days to 20 calendar days.
Section 2. Answer of a defendant foreign private Section 5. Answer to third (fourth, etc.)-party
juridical entity. — Where the defendant is a complaint. — The time to answer a third (fourth,
foreign private juridical entity and service of etc.)—party complaint shall be governed by the
summons is made on the government official same rule as the answer to the complaint.
designated by law to receive the same, the answer
shall be filed within sixty (60) calendar days Section 7. Answer to supplemental complain. —
after receipt of summons by such entity. A supplemental complaint may be answered within
twenty (20) calendar days from notice of the order
* The amendment increased the and qualified the admitting the same, unless a different period is
period from 30 days to 60 calendar days. 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
Section 3. Answer to amended complaint. — filed.
Where the plaintiff files an amended complaint as a
matter of right, the defendant shall answer the same * The amendment increased the and qualified the
within thirty (30) calendar days after being served period from 10 days to 20 calendar days.
with a copy thereof.
Reply allow any other pleading to be filed after the

Section 6. Reply. — A reply, if allowed under time fixed by these Rules.
Section 10, Rule 6 hereof, may be filed within
fifteen (15) calendar days from service of the
pleading responded to. **The title of the section was amended from time to
plead to time to file an answer. Thus, this provision
**The amendment should be read with Rule 6, specifically only applies now to extension of time to
Section 10, on the instances when a reply may only file an answer. The extension of time to file an
be filed. In which case, the period to file, if allowed, answer now now has a limit of 30 calendar days and
under the amended rule was increased and qualified said motions shall only be allowed once. No such
– from 10 days to 15 calendar days. limitation was present under the old rule.
The second paragraph bolsters the amendment

Section 8. Existing counterclaim or cross-claim. limiting only to answers the extension of time to file
— A compulsory counterclaim or a cross-claim that the same. The second paragraph categorically
a defending party has at the time he or she files his prohibits the filing of motion for extension of time
or her answer shall be contained therein. to file a pleading other than the answer. Such
motion shall be considered a mere scrap of paper. In
** Amendment is only to address gender sensitivity. any case, even without such motion for extension of
time, the court, in its discretion, may allow any
Section 9. Counterclaim or cross-claim arising other pleading to be filed after the period prescribed
after answer. — A counterclaim or a cross-claim for the filing thereof has lapsed.
which either matured or was acquired by a party
after serving his or her pleading may, with the Note, however, that under the old rule, the Second
permission of the court, be presented as a paragraph of Section 11 states that the court may
counterclaim or a cross-claim by supplemental allow an answer or other pleading to be filed after
pleading before judgment. the time fixed by the rules. Hence, even if the time
to file an answer had lapsed but there was no
** Amendment is only to address gender sensitivity. motion to dismiss yet, the Supreme Court held that
the court may admit the answer belatedly filed
(Crisologo-Jose v. Land Bank of the Phils., G.R.
Section 10. Omitted counterclaim or cross-claim. No. 167399, 22 June 2006) The amended Section
— When a pleader fails to set up a counterclaim or 11 allows extension to file answer once, for a period
a cross-claim through oversight, inadvertence, or not exceeding 30 calendar days, then goes on to say
excusable neglect, or when justice requires, he or that a motion for extension to file any pleading
she may, by leave of court, set up the counterclaim other than the answer is prohibited, nut the court
or cross-claim by amendment before judgment. may allow any other pleading filed after the time
fixed by the rules. It is now uncertain whether the
** Amendment is only to address gender sensitivity. ruling in Crisologo would still apply or is the
admission of belatedly filed Answer not allowed as
Section 11. Extension of time to plead. — A the rules state that it is any pleading other than the
defendant may, for meritorious reasons, be answer that may be allowed to be filed beyond the
granted an additional period of not more than period fixed by the rules.
thirty (30) calendar days to file an answer. A
defendant is only allowed to file one (1) motion In Indiana Aerospace University vs. Commission on
for extension of time to file an answer. Higher Education (G.R. No. 139371, 4 April 2001),
the belatedly filed answer was admitted since there
A motion for extension to file any pleading, other was no motion to declare defendant in default yet,
than an answer, is prohibited and considered a and the court cannot declare defendant in default
mere scrap of paper. The court, however, may motu proprio. It appears that even with the amended
Section 3, Rule 9, there is still need for motion to

declare defendant in default and the court cannot
make such declaration in default motu proprio.
Given the foregoing and since there is no
prohibition under the rules on admitting an answer
belatedly filed where no motion to dismiss has yet
been filed, it is submitted that the filing of Answer
belatedly may also be included and covered by the
amended Section 11, Rule 11.
4 periods under Rule 11: 10, 15, 30 and 60 days.

(Page 62 pdf)

C. Allegations in Pleadings: Remedial Law 1 Notes

Uploaded by

Copyright:

Available Formats

C. Allegations in Pleadings: Remedial Law 1 Notes

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

C. Allegations in Pleadings: Remedial Law 1 Notes

Uploaded by

Copyright:

Available Formats

REMEDIAL LAW 1 NOTES |Page |1

MARCH 27 or occurrence of all conditions precedent shall be

Rule 8, Section 2. Alternative causes of action or Examples of conditions precedent:

averred. A party desiring to raise an issue as to the

Even without this amendment, the old rules

3. Rule 9.01: a. Rule 6.05 (b):

Effect of raising affirmative defense

As there is nothing to prove for the plaintiff,

A defendant shall raise his or her affirmative

day period stated therein, and the amendment to

Effect of order of default (NOTE: Aside from default, a summary judgment

GR: May be declared in default for failure to file an

If you do not regain your personality in court, what

SUPPLEMENTAL PLEADINGS [10.06]

Amendment v. Supplement Section 6. Supplemental pleadings. — Upon

happened since the date of the pleading sought to be

Note: The admission or non-admission of a

The adverse party may plead thereto within ten

Regarding supplemental pleadings, these are availed

Rule 129, Section 4. Judicial admissions. — An

evidence must be offered. Only admissions in the

be cured or remedied by an amended or authorized to mortgage the property owned by

Q: Why is an amendment seeking to confer

Effect of amended pleading

2. Admissions in the superseded pleadings may

**The first paragraph is amended with an increased

Reply allow any other pleading to be filed after the

The second paragraph bolsters the amendment

Section 3, Rule 9, there is still need for motion to

4 periods under Rule 11: 10, 15, 30 and 60 days.

You might also like