RULE 1 pleading, irrespective of whether the motion

for its admission, if necessary, is denied by

General Provisions the court. (6a)

Section 1. Title of the Rules. — These Rule Section 6. Construction. — These Rules
shall be known and cited as the Rules of shall be liberally construed in order to
Court. (1) promote their objective of securing a just,
speedy and inexpensive disposition of every
Section 2. In what courts applicable. — action and proceeding. (2a)
These Rules shall apply in all the courts,
except as otherwise provided by the Civil Actions
Supreme Court. (n) Ordinary Civil Actions
RULE 2
Section 3. Cases governed. — These Rules Cause of Action
shall govern the procedure to be observed in
actions, civil or criminal and special
proceedings. Section 1. Ordinary civil actions, basis
of. — Every ordinary civil action must be
(a) A civil action is one by which a based on a cause of action. (n)
party sues another for the
enforcement or protection of a right, Section 2. Cause of action, defined. — A
or the prevention or redress of a cause of action is the act or omission by
wrong, (1a, R2) which a party violates a right of another. (n)

A civil action may either be ordinary Section 3. One suit for a single cause of
or special. Both are governed by the action. — A party may not institute more
rules for ordinary civil actions, than one suit for a single cause of action.
subject to the specific rules (3a)
prescribed for a special civil action.
(n) Section 4. Splitting a single cause of
action; effect of. — If two or more suits are
(b) A criminal action is one by which instituted on the basis of the same cause of
the State prosecutes a person for an action, the filing of one or a judgment upon
act or omission punishable by law. the merits in any one is available as a
(n) ground for the dismissal of the others. (4a)

(c) A special proceeding is a remedy Section 5. Joinder of causes of action. — A

by which a party seeks to establish a party may in one pleading assert, in the
status, a right, or a particular fact. alternative or otherwise, as many causes of
(2a, R2) action as he may have against an opposing
party, subject to the following conditions:
Section 4. In what case not applicable. —
These Rules shall not apply to election (a) The party joining the causes of
cases, land registration, cadastral, action shall comply with the rules on
naturalization and insolvency proceedings, joinder of parties;
and other cases not herein provided for,
except by analogy or in a suppletory (b) The joinder shall not include
character and whenever practicable and special civil actions or actions
convenient. (R143a) governed by special rules;

Section 5. Commencement of action. — A (c) Where the causes of action are

civil action is commenced by the filing of the between the same parties but
original complaint in court. If an additional pertain to different venues or
defendant is impleaded in a later pleading, jurisdictions, the joinder may be
the action is commenced with regard to him allowed in the Regional Trial Court
on the dated of the filing of such later provided one of the causes of action
 falls within the jurisdiction of said involves things belonging to the principal.
court and the venue lies therein; and (3a)

(d) Where the claims in all the Section 4. Spouses as parties. — Husband
causes action are principally for and wife shall sue or be sued jointly, except
recovery of money, the aggregate as provided by law. (4a)
amount claimed shall be the test of
jurisdiction. (5a) Section 5. Minor or incompetent persons. —
A minor or a person alleged to be
Section 6. Misjoinder of causes of action. — incompetent, may sue or be sued with the
Misjoinder of causes of action is not a assistance of his father, mother, guardian, or
ground for dismissal of an action. A if he has none, a guardian ad litem. (5a)
misjoined cause of action may, on motion of
a party or on the initiative of the court, be Section 6. Permissive joinder of parties. —
severed and proceeded with separately. (n) All persons in whom or against whom any
right to relief in respect to or arising out of
the same transaction or series of
RULE 3 transactions is alleged to exist, whether
Parties to Civil Actions jointly, severally, or in the alternative, may,
except as otherwise provided in these
Rules, join as plaintiffs or be joined as
Section 1. Who may be parties; plaintiff and defendants in one complaint, where any
defendant. — Only natural or juridical question of law or fact common to all such
persons, or entities authorized by law may plaintiffs or to all such defendants may arise
be parties in a civil action. The term in the action; but the court may make such
"plaintiff" may refer to the claiming party, the orders as may be just to prevent any plaintiff
counter-claimant, the cross-claimant, or the or defendant from being embarrassed or put
third (fourth, etc.) — party plaintiff. The term to expense in connection with any
"defendant" may refer to the original proceedings in which he may have no
defending party, the defendant in a counter- interest. (6n)
claim, the cross-defendant, or the third
(fourth, etc.) — party defendant. (1a) Section 7. Compulsory joinder of
indispensable parties. — Parties in interest
Section 2. Parties in interest. — A real party without whom no final determination can be
in interest is the party who stands to be had of an action shall be joined either as
benefited or injured by the judgment in the plaintiffs or defendants. (7)
suit, or the party entitled to the avails of the
suit. Unless otherwise authorized by law or Section 8. Necessary party. — A necessary
these Rules, every action must be party is one who is not indispensable but
prosecuted or defended in the name of the who ought to be joined as a party if
real party in interest. (2a) complete relief is to be accorded as to those
already parties, or for a complete
Section 3. Representatives as parties. — determination or settlement of the claim
Where the action is allowed to be subject of the action. (8a)
prosecuted and defended by a
representative or someone acting in a Section 9. Non-joinder of necessary parties
fiduciary capacity, the beneficiary shall be to be pleaded. — Whenever in any pleading
included in the title of the case and shall be in which a claim is asserted a necessary
deemed to be the real property in interest. A party is not joined, the pleader shall set forth
representative may be a trustee of an expert his name, if known, and shall state why he is
trust, a guardian, an executor or omitted. Should the court find the reason for
administrator, or a party authorized by law or the omission unmeritorious, it may order the
these Rules. An agent acting in his own inclusion of the omitted necessary party if
name and for the benefit of an undisclosed jurisdiction over his person may be obtained.
principal may sue or be sued without joining
the principal except when the contract
The failure to comply with the order for his Section 15. Entity without juridical
inclusion, without justifiable cause, shall be personality as defendant. — When two or
deemed a waiver of the claim against such more persons not organized as an entity
party. with juridical personality enter into a
transaction, they may be sued under the
The non-inclusion of a necessary party does name by which they are generally or
not prevent the court from proceeding in the commonly known.
action, and the judgment rendered therein
shall be without prejudice to the rights of In the answer of such defendant, the name
such necessary party. (8a, 9a) and addresses of the persons composing
said entity must all be revealed. (15a)
Section 10. Unwilling co-plaintiff. — If the
consent of any party who should be joined Section 16. Death of party; duty of counsel.
as plaintiff can not be obtained, he may be — Whenever a party to a pending action
made a defendant and the reason therefor dies, and the claim is not thereby
shall be stated in the complaint. (10) extinguished, it shall be the duty of his
counsel to inform the court within thirty (30)
Section 11. Misjoinder and non-joinder of days after such death of the fact thereof,
parties. — Neither misjoinder nor non- and to give the name and address of his
joinder of parties is ground for dismissal of legal representative or representatives.
an action. Parties may be dropped or added Failure of counsel to comply with his duty
by order of the court on motion of any party shall be a ground for disciplinary action.
or on its own initiative at any stage the
action and on such terms as are just. Any The heirs of the deceased may be allowed
claim against a misjoined party may be to be substituted for the deceased, without
severed and proceeded with separately. requiring the appointment of an executor or
(11a) administrator and the court may appoint a
guardian ad litem for the minor heirs.
Section 12. Class suit. — When the subject
matter of the controversy is one of common The court shall forthwith order said legal
or general interest to many persons so representative or representatives to appear
numerous that it is impracticable to join all and be substituted within a period of thirty
as parties, a number of them which the court (30) days from notice.
finds to be sufficiently numerous and
representative as to fully protect the If no legal representative is named by the
interests of all concerned may sue or defend counsel for the deceased party, or if the one
for the benefit of all. Any party in interest so named shall fail to appear within the
shall have the right to intervene to protect specified period, the court may order the
his individual interest. (12a) opposing party, within a specified time to
procure the appointment of an executor or
Section 13. Alternative defendants. — administrator for the estate of the deceased
Where the plaintiff is uncertain against who and the latter shall immediately appear for
of several persons he is entitled to relief, he and on behalf of the deceased. The court
may join any or all of them as defendants in charges in procuring such appointment, if
the alternative, although a right to relief defrayed by the opposing party, may be
against one may be inconsistent with a right recovered as costs. (16a, 17a)
of relief against the other. (13a)
Section 17. Death or separation of a party
Section 14. Unknown identity or name of who is a public officer. — When a public
defendant. — Whenever the identity or officer is a party in an action in his official
name of a defendant is unknown, he may be capacity and during its pendency dies,
sued as the unknown owner heir devisee, or resigns, or otherwise ceases to hold office,
by such other designation as the case may the action may be continued and maintained
require, when his identity or true name is by or against his successor if, within thirty
discovered, the pleading must be amended (30) days after the successor takes office or
accordingly. (14) such time as may be granted by the court, it
is satisfactorily shown to the court by any furnished him. The amount of the docket
party that there is a substantial need for and other lawful fees which the indigent was
continuing or maintaining it and that the exempted from paying shall be a lien on any
successor adopts or continues or threatens judgment rendered in the case favorable to
to adopt or continue to adopt or continue the the indigent, unless the court otherwise
action of his predecessor. Before a provides.
substitution is made, the party or officer to
be affected, unless expressly assenting Any adverse party may contest the grant of
thereto, shall be given reasonable notice of such authority at any time before judgment
the application therefor and accorded an is rendered by the trial court. If the court
opportunity to be heard. (18a) should determine after hearing that the party
declared as an indigent is in fact a person
Section 18. Incompetency or incapacity. — with sufficient income or property, the proper
If a party becomes incompetent or docket and other lawful fees shall be
incapacitated, the court, upon motion with assessed and collected by the clerk of court.
notice, may allow the action to be continued If payment is not made within the time fixed
by or against the incompetent or by the court, execution shall issue or the
incapacitated person assisted by his legal payment thereof, without prejudice to such
guardian or guardian ad litem. (19a) other sanctions as the court may impose.
(22a)
Section 19. Transfer of interest. — In case
of any transfer of interest, the action may be Section 22. Notice to the Solicitor General.
continued by or against the original party, — In any action involving the validity of any
unless the court upon motion directs the treaty, law, ordinance, executive order,
person to whom the interest is transferred to presidential decree, rules or regulations, the
be substituted in the action or joined with the court, in its discretion, may require the
original party. (20) appearance of the Solicitor General who
may be heard in person or a representative
Section 20. Action and contractual money duly designated by him. (23a)
claims. — When the action is for recovery of
money arising from contract, express or RULE 4
implied, and the defendant dies before entry
of final judgment in the court in which the Venue of Actions
action was pending at the time of such
death, it shall not be dismissed but shall Section 1. Venue of real actions. — Actions
instead be allowed to continue until entry of affecting title to or possession of real
final judgment. A favorable judgment property, or interest therein, shall be
obtained by the plaintiff therein shall be commenced and tried in the proper court
enforced in the manner especially provided which has jurisdiction over the area wherein
in these Rules for prosecuting claims the real property involved, or a portion
against the estate of a deceased person. thereof, is situated.
(21a)
Forcible entry and detainer actions shall be
Section 21. Indigent party. — A party may commenced and tried in the municipal trial
be authorized to litigate his action, claim or court of the municipality or city wherein the
defense as an indigent if the court, upon real property involved, or a portion thereof,
an ex parte application and hearing, is is situated. (1[a], 2[a]a)
satisfied that the party is one who has no
money or property sufficient and available
Section 2. Venue of personal actions. — All
for food, shelter and basic necessities for
other actions may be commenced and tried
himself and his family.
where the plaintiff or any of the principal
plaintiffs resides, or where the defendant or
Such authority shall include an exemption any of the principal defendants resides, or in
from payment of docket and other lawful the case of a non-resident defendant where
fees, and of transcripts of stenographic he may be found, at the election of the
notes which the court may order to be plaintiff. (2[b]a)
Section 3. Venue of actions against counterclaim, cross-claim, third (fourth, etc.)-
nonresidents. — If any of the defendants party complaint, or complaint-in-intervention.
does not reside and is not found in the
Philippines, and the action affects the The defenses of a party are alleged in the
personal status of the plaintiff, or any answer to the pleading asserting a claim
property of said defendant located in the against him.
Philippines, the action may be commenced
and tried in the court of the place where the An answer may be responded to by a reply.
plaintiff resides, or where the property or any (n)
portion thereof is situated or found. (2[c]a)
Section 3. Complaint. — The complaint is
Section 4. When Rule not applicable. — the pleading alleging the plaintiff's cause or
This Rule shall not apply. causes of action. The names and
residences of the plaintiff and defendant
(a) In those cases where a specific must be stated in the complaint. (3a)
rule or law provides otherwise; or
Section 4. Answer. — An answer is a
(b) Where the parties have validly pleading in which a defending party sets
agreed in writing before the filing of forth his defenses. (4a)
the action on the exclusive venue
thereof. (3a, 5a) Section 5. Defenses. — Defenses may
either be negative or affirmative.
RULE 5
(a) A negative defense is the specific
Uniform Procedure In Trial Courts denial of the material fact or facts
alleged in the pleading of the
Section 1. Uniform procedure. — The claimant essential to his cause or
procedure in the Municipal Trial Courts shall causes of action.
be the same as in the Regional Trial Courts,
except (a) where a particular provision (b) An affirmative defense is an
expressly or impliedly applies only to either allegation of a new matter which,
of said courts, or (b) in civil cases governed while hypothetically admitting the
by the Rule on Summary Procedure. (n) material allegations in the pleading
of the claimant, would nevertheless
Section 2. Meaning of terms. — The term prevent or bar recovery by him. The
"Municipal Trial Courts" as used in these affirmative defenses include fraud,
Rules shall include Metropolitan Trial statute of limitations, release,
Courts, Municipal Trial Courts in Cities, payment, illegality, statute of frauds,
Municipal Trial Courts, and Municipal Circuit estoppel, former recovery, discharge
Trial Courts. (1a) in bankruptcy, and any other matter
by way of confession and avoidance.
Procedure In Regional Trial Courts (5a)

RULE 6 Section 6. Counterclaim. — A counterclaim

is any claim which a defending party may
Kinds Of Pleadings have against an opposing party. (6a)

Section 1. Pleadings defined. — Pleadings Section 7. Compulsory counterclaim. — A

are the written statements of the respective compulsory counterclaim is one which,
claims and defenses of the parties submitted being cognizable by the regular courts of
to the court for appropriate judgment. (1a) justice, arises out of or is connected with the
transaction or occurrence constituting the
subject matter of the opposing party's claim
Section 2. Pleadings allowed. — The claims
and does not require for its adjudication the
of a party are asserted in a complaint,
presence of third parties of whom the court
cannot acquire jurisdiction. Such a
counterclaim must be within the jurisdiction order them to be brought in as defendants, if
of the court both as to the amount and the jurisdiction over them can be obtained. (14)
nature thereof, except that in an original
action before the Regional Trial Court, the Section 13. Answer to third (fourth, etc.)—
counter-claim may be considered party complaint. — A third (fourth, etc.) —
compulsory regardless of the amount. (n) party defendant may allege in his answer his
defenses, counterclaims or cross-claims,
Section 8. Cross-claim. — A cross-claim is including such defenses that the third
any claim by one party against a co-party (fourth, etc.) — party plaintiff may have
arising out of the transaction or occurrence against the original plaintiff's claim. In proper
that is the subject matter either of the cases, he may also assert a counterclaim
original action or of a counterclaim therein. against the original plaintiff in respect of the
Such cross-claim may include a claim that latter's claim against the third-party plaintiff.
the party against whom it is asserted is or (n)
may be liable to the cross-claimant for all or
part of a claim asserted in the action against
the cross-claimant. (7)
RULE 7
Section 9. Counter-counterclaims and
counter-crossclaims. — A counter-claim Parts of a Pleading
may be asserted against an original counter-
claimant. Section 1. Caption. — The caption sets
forth the name of the court, the title of the
A cross-claim may also be filed against an action, and the docket number if assigned.
original cross-claimant. (n)
The title of the action indicates the names of
Section 10. Reply. — A reply is a pleading, the parties. They shall all be named in the
the office or function of which is to deny, or original complaint or petition; but in
allege facts in denial or avoidance of new subsequent pleadings, it shall be sufficient if
matters alleged by way of defense in the the name of the first party on each side be
answer and thereby join or make issue as to stated with an appropriate indication when
such new matters. If a party does not file there are other parties.
such reply, all the new matters alleged in the
answer are deemed controverted. Their respective participation in the case
shall be indicated. (1a, 2a)
If the plaintiff wishes to interpose any claims
arising out of the new matters so alleged, Section 2. The body. — The body of the
such claims shall be set forth in an amended pleading sets fourth its designation, the
or supplemental complaint. (11) allegations of the party's claims or defenses,
the relief prayed for, and the date of the
Section 11. Third, (fourth, etc.)—party pleading. (n)
complaint. — A third (fourth, etc.) — party
complaint is a claim that a defending party (a) Paragraphs. — The allegations in
may, with leave of court, file against a the body of a pleading shall be
person not a party to the action, called the divided into paragraphs so
third (fourth, etc.) — party defendant for numbered to be readily identified,
contribution, indemnity, subrogation or any each of which shall contain a
other relief, in respect of his opponent's statement of a single set of
claim. (12a) circumstances so far as that can be
done with convenience. A paragraph
Section 12. Bringing new parties. — When may be referred to by its number in
the presence of parties other than those to all succeeding pleadings. (3a)
the original action is required for the granting
of complete relief in the determination of a (b) Headings. — When two or more
counterclaim or cross-claim, the court shall causes of action are joined the
statement of the first shall be
 prefaced by the words "first cause of A pleading is verified by an affidavit that the
action,'' of the second by "second affiant has read the pleading and that the
cause of action", and so on for the allegations therein are true and correct of his
others. knowledge and belief.

When one or more paragraphs in the A pleading required to be verified which

answer are addressed to one of contains a verification based on "information
several causes of action in the and belief", or upon "knowledge, information
complaint, they shall be prefaced by and belief", or lacks a proper verification,
the words "answer to the first cause shall be treated as an unsigned pleading.
of action" or "answer to the second (6a)
cause of action" and so on; and
when one or more paragraphs of the Section 5. Certification against forum
answer are addressed to several shopping. — The plaintiff or principal party
causes of action, they shall be shall certify under oath in the complaint or
prefaced by words to that effect. (4) other initiatory pleading asserting a claim for
relief, or in a sworn certification annexed
(c) Relief. — The pleading shall thereto and simultaneously filed therewith:
specify the relief sought, but it may (a) that he has not theretofore commenced
add a general prayer for such further any action or filed any claim involving the
or other relief as may be deemed same issues in any court, tribunal or quasi-
just or equitable. (3a, R6) judicial agency and, to the best of his
knowledge, no such other action or claim is
(d) Date. — Every pleading shall be pending therein; (b) if there is such other
dated. (n) pending action or claim, a complete
statement of the present status thereof; and
Section 3. Signature and address. — Every (c) if he should thereafter learn that the
pleading must be signed by the party or same or similar action or claim has been
counsel representing him, stating in either filed or is pending, he shall report that fact
case his address which should not be a post within five (5) days therefrom to the court
office box. wherein his aforesaid complaint or initiatory
pleading has been filed.
The signature of counsel constitutes a
certificate by him that he has read the Failure to comply with the foregoing
pleading; that to the best of his knowledge, requirements shall not be curable by mere
information, and belief there is good ground amendment of the complaint or other
to support it; and that it is not interposed for initiatory pleading but shall be cause for the
delay. dismissal of the case without prejudice,
unless otherwise provided, upon motion and
after hearing. The submission of a false
An unsigned pleading produces no legal
certification or non-compliance with any of
effect. However, the court may, in its
the undertakings therein shall constitute
discretion, allow such deficiency to be
indirect contempt of court, without prejudice
remedied if it shall appear that the same
to the corresponding administrative and
was due to mere inadvertence and not
criminal actions. If the acts of the party or his
intended for delay. Counsel who deliberately
counsel clearly constitute willful and
files an unsigned pleading, or signs a
deliberate forum shopping, the same shall
pleading in violation of this Rule, or alleges
be ground for summary dismissal with
scandalous or indecent matter therein, or
prejudice and shall constitute direct
fails promptly report to the court a change of
contempt, as well as a cause for
his address, shall be subject to appropriate
administrative sanctions. (n)
disciplinary action. (5a)
RULE 8
Section 4. Verification. — Except when
otherwise specifically required by law or
rule, pleadings need not be under oath, Manner of Making Allegations in
verified or accompanied by affidavit .(5a) Pleadings
Section 1. In general. — Every pleading sufficient to aver the judgment or decision
shall contain in a methodical and logical without setting forth matter showing
form, a plain, concise and direct statement jurisdiction to render it. (6)
of the ultimate facts on which the party
pleading relies for his claim or defense, as Section 7. Action or defense based on
the case may be, omitting the statement of document. — Whenever an action or
mere evidentiary facts. (1) defense is based upon a written instrument
or document, the substance of such
If a defense relied on is based on law, the instrument or document shall be set forth in
pertinent provisions thereof and their the pleading, and the original or a copy
applicability to him shall be clearly and thereof shall be attached to the pleading as
concisely stated. (n) an exhibit, which shall be deemed to be a
part of the pleading, or said copy may with
Section 2. Alternative causes of action or like effect be set forth in the pleading. (7)
defenses. — A party may set forth two or
more statements of a claim or defense Section 8. How to contest such documents.
alternatively or hypothetically, either in one — When an action or defense is founded
cause of action or defense or in separate upon a written instrument, copied in or
causes of action or defenses. When two or attached to the corresponding pleading as
more statements are made in the alternative provided in the preceding section, the
and one of them if made independently genuineness and due execution of the
would be sufficient, the pleading is not made instrument shall be deemed admitted unless
insufficient by the insufficiency of one or the adverse party, under oath specifically
more of the alternative statements. (2) denies them, and sets forth what he claims
to be the facts, but the requirement of an
Section 3. Conditions precedent. — In any oath does not apply when the adverse party
pleading a general averment of the does not appear to be a party to the
performance or occurrence of all conditions instrument or when compliance with an
precedent shall be sufficient. (3) order for an inspection of the original
instrument is refused. (8a)
Section 4. Capacity. — Facts showing the
capacity of a party to sue or be sued or the Section 9. Official document or act. — In
authority of a party to sue or be sued in a pleading an official document or official act,
representative capacity or the legal it is sufficient to aver that the document was
existence of an organized association of issued or the act done in compliance with
person that is made a party, must be law. (9)
averred. A party desiring to raise an issue as
to the legal existence of any party or the Section 10. Specific denial. — A defendant
capacity of any party to sue or be sued in a must specify each material allegation of fact
representative capacity, shall do so by the truth of which he does not admit and,
specific denial, which shall include such whenever practicable, shall set forth the
supporting particulars as are peculiarly substance of the matters upon which he
within the pleader's knowledge. (4) relies to support his denial. Where a
defendant desires to deny only a part of an
Section 5. Fraud, mistake, condition of the averment, he shall specify so much of it as
mind. — In all averments of fraud or mistake is true and material and shall deny only the
the circumstances constituting fraud or remainder. Where a defendant is without
mistake must be stated with particularity. knowledge or information sufficient to form a
Malice, intent, knowledge, or other condition belief as to the truth of a material averment
of the mind of a person may be averred made to the complaint, he shall so state,
generally.(5a) and this shall have the effect of a denial.
(10a)
Section 6. Judgment. — In pleading a
judgment or decision of a domestic or Section 11. Allegations not specifically
foreign court, judicial or quasi-judicial denied deemed admitted. — Material
tribunal, or of a board or officer, it is averment in the complaint, other than those
as to the amount of unliquidated damages, (a) Effect of order of default. — A
shall be deemed admitted when not party in default shall be entitled to
specifically denied. Allegations of usury in a notice of subsequent proceedings
complaint to recover usurious interest are but not to take part in the trial. (2a,
deemed admitted if not denied under oath. R18)
(1a, R9)
(b) Relief from order of default. — A
Section 12. Striking out of pleading or party declared in default may at any
matter contained therein. — Upon motion time after notice thereof and before
made by a party before responding to a judgment file a motion under oath to
pleading or, if no responsive pleading is set aside the order of default upon
permitted by these Rules, upon motion proper showing that his failure to
made by a party within twenty (20) days answer was due to fraud, accident,
after the service of the pleading upon him, or mistake or excusable negligence
upon the court's own initiative at any time, and that he has a meritorious
the court may order any pleading to be defense. In such case, the order of
stricken out or that any sham or false, default may be set aside on such
redundant, immaterial, impertinent, or terms and conditions as the judge
scandalous matter be stricken out therefrom. may impose in the interest of justice.
(5, R9) (3a, R18)

RULE 9 (c) Effect of partial default. — When

a pleading asserting a claim states a
Effect of Failure to Plead common cause of action against
several defending parties, some of
Section 1. Defenses and objections not whom answer and the others fail to
pleaded. — Defenses and objections not do so, the court shall try the case
pleaded either in a motion to dismiss or in against all upon the answers thus
the answer are deemed waived. However, filed and render judgment upon the
when it appears from the pleadings or the evidence presented. (4a, R18).
evidence on record that the court has no
jurisdiction over the subject matter, that (d) Extent of relief to be awarded. —
there is another action pending between the A judgment rendered against a party
same parties for the same cause, or that the in default shall not exceed the
action is barred by a prior judgment or by amount or be different in kind from
statute of limitations, the court shall dismiss that prayed for nor award
the claim. (2a) unliquidated damages. (5a, R18).

Section 2. Compulsory counterclaim, or (e) Where no defaults allowed. — If

cross-claim, not set up barred. — A the defending party in an action for
compulsory counterclaim, or a cross-claim, annulment or declaration of nullity of
not set up shall be barred. (4a) marriage or for legal separation fails
to answer, the court shall order the
Section 3. Default; declaration of. — If the prosecuting attorney to investigate
defending party fails to answer within the whether or not a collusion between
time allowed therefor, the court shall, upon the parties exists, and if there is no
motion of the claiming party with notice to collusion, to intervene for the State
the defending party, and proof of such in order to see to it that the evidence
failure, declare the defending party in submitted is not fabricated. (6a,
default. Thereupon, the court shall proceed R18)
to render judgment granting the claimant
such relief as his pleading may warrant, RULE 10
unless the court in its discretion requires the
claimant to submit evidence. Such reception Amended and Supplemental Pleadings
of evidence may be delegated to the clerk of
court. (1a, R18)
Section 1. Amendments in general. — substantial justice will be subserved thereby.
Pleadings may be amended by adding or The court may grant a continuance to
striking out an allegation or the name of any enable the amendment to be made. (5a)
party, or by correcting a mistake in the name
of a party or a mistaken or inadequate Section 6. Supplemental pleadings. —
allegation or description in any other Upon motion of a party the court may, upon
respect, so that the actual merits of the reasonable notice and upon such terms as
controversy may speedily be determined, are just, permit him to serve a supplemental
without regard to technicalities, and in the pleading setting forth transactions,
most expeditious and inexpensive manner. occurrences or events which have
(1) happened since the date of the pleading
sought to be supplemented. The adverse
Section 2. Amendments as a matter of right. party may plead thereto within ten (10) days
— A party may amend his pleading once as from notice of the order admitting the
a matter of right at any time before a supplemental pleading. (6a)
responsive pleading is served or, in the case
of a reply, at any time within ten (10) days Section 7. Filing of amended pleadings. —
after it is served. (2a) When any pleading is amended, a new copy
of the entire pleading, incorporating the
Section 3. Amendments by leave of court. amendments, which shall be indicated by
— Except as provided in the next preceding appropriate marks, shall be filed. (7a)
section, substantial amendments may be
made only upon leave of court. But such Section 8. Effect of amended pleadings. —
leave may be refused if it appears to the An amended pleading supersedes the
court that the motion was made with intent pleading that it amends. However,
to delay. Orders of the court upon the admissions in superseded pleadings may be
matters provided in this section shall be received in evidence against the pleader,
made upon motion filed in court, and after and claims or defenses alleged therein not
notice to the adverse party, and an incorporated in the amended pleading shall
opportunity to be heard. (3a) be deemed waived. (n)

Section 4. Formal amendments. — A defect RULE 11

in the designation of the parties and other
clearly clerical or typographical errors may When to File Responsive Pleadings
be summarily corrected by the court at any
stage of the action, at its initiative or on
Section 1. Answer to the complaint. — The
motion, provided no prejudice is caused
defendant shall file his answer to the
thereby to the adverse party. (4a)
complaint within fifteen (15) days after
service of summons, unless a different
Section 5. Amendment to conform to or period is fixed by the court. (la)
authorize presentation of evidence. — When
issues not raised by the pleadings are tried
Section 2. Answer of a defendant foreign
with the express or implied consent of the
private juridical entity. — Where the
parties they shall be treated in all respects
defendant is a foreign private juridical entity
as if they had been raised in the pleadings.
and service of summons is made on the
Such amendment of the pleadings as may
government official designated by law to
be necessary to cause them to conform to
receive the same, the answer shall be filed
the evidence and to raise these issues may
within thirty (30) days after receipt of
be made upon motion of any party at any
summons by such entity. (2a)
time, even after judgment; but failure to
amend does not effect the result of the trial
of these issues. If evidence is objected to at Section 3. Answer to amended complaint.
the trial on the ground that it is not within the — When the plaintiff files an amended
issues made by the pleadings, the court may complaint as a matter of right, the defendant
allow the pleadings to be amended and shall shall answer the same within fifteen (15)
do so with liberality if the presentation of the days after being served with a copy thereof.
merits of the action and the ends of
Where its filing is not a matter of right, the counterclaim or a cross-claim through
defendant shall answer the amended oversight, inadvertence, or excusable
complaint within ten (l0) days from notice of neglect, or when justice requires, he may, by
the order admitting the same. An answer leave of court, set up the counterclaim or
earlier filed may serve as the answer to the cross-claim by amendment before judgment.
amended complaint if no new answer is (3, R9)
filed.
Section 11. Extension of time to plead. —
This Rule shall apply to the answer to an Upon motion and on such terms as may be
amended counterclaim, amended cross- just, the court may extend the time to plead
claim, amended third (fourth, etc.)—party provided in these Rules.
complaint, and amended complaint-in-
intervention. (3a) The court may also, upon like terms, allow
an answer or other pleading to be filed after
Section 4. Answer to counterclaim or cross- the time fixed by these Rules. (7)
claim. — A counterclaim or cross-claim must
be answered within ten (10) days from RULE 12
service. (4)
Bill of Particulars
Section 5. Answer to third (fourth, etc.)-
party complaint. — The time to answer a Section 1. When applied for; purpose. —
third (fourth, etc.)—party complaint shall be Before responding to a pleading, a party
governed by the same rule as the answer to may move for a definite statement or for a
the complaint. (5a) bill of particulars of any matter which is not
averted with sufficient definiteness or
Section 6. Reply. — A reply may be filed particularity to enable him properly to
within ten (10) days from service of the prepare his responsive pleading. If the
pleading responded to. (6) pleading is a reply, the motion must be filed
within ten (10) days from service thereof.
Section 7. Answer to supplemental Such motion shall point out the defects
complain. — A supplemental complaint may complained of, the paragraphs wherein they
be answered within ten (10) days from are contained, and the details desired. (1a)
notice of the order admitting the same,
unless a different period is fixed by the Section 2. Action by the court. — Upon the
court. The answer to the complaint shall filing of the motion, the clerk of court must
serve as the answer to the supplemental immediately bring it to the attention of the
complaint if no new or supplemental answer court which may either deny or grant it
is filed. (n) outright, or allow the parties the opportunity
to be heard. (n)
Section 8. Existing counterclaim or cross-
claim. — A compulsory counterclaim or a Section 3. Compliance with order. — If the
cross-claim that a defending party has at the motion is granted, either in whole or in part,
time he files his answer shall be contained the compliance therewith must be effected
therein. (8a, R6) within ten (10) days from notice of the order,
unless a different period is fixed by the
Section 9. Counterclaim or cross-claim court. The bill of particulars or a more
arising after answer. — A counterclaim or a definite statement ordered by the court may
cross-claim which either matured or was be filed either in a separate or in an
acquired by a party after serving his amended pleading, serving a copy thereof
pleading may, with the permission of the on the adverse party. (n)
court, be presented as a counterclaim or a
cross-claim by supplemental pleading before Section 4. Effect of non-compliance. — If
judgment. (9, R6) the order is not obeyed, or in case of
insufficient compliance therewith, the court
Section 10. Omitted counterclaim or cross- may order the striking out of the pleading or
claim. — When a pleader fails to set up a the portions thereof to which the order was
directed or make such other order as it
deems just. (1[c]a)

Section 5. Stay of period to file responsive

pleading. — After service of the bill of
particulars or of a more definite pleading, or
after notice of denial of his motion, the
moving party may file his responsive
pleading within the period to which he was
entitled at the time of filing his motion, which
shall not be less than five (5) days in any
event. (1[b]a)

Section 6. Bill a part of pleading. — A bill of

particulars becomes part of the pleading for
which it is intended. (1[a]a)