Análisis logotipo Renfe

different period is fixed by the court. (1a)

Section 1 is the GENERAL RULE – the defendant has a period of 15 days after service of summons within which to file his answer. The procedure is when a plaintiff files a complaint in court, the court will issue summons (which is the counterpart of warrant of arrest in criminal cases). The sheriff of the court will look for the defendant and serve him a copy of the complaint. From that day on, the defendant has 15 days to file his answer.

The rules says, “unless a different period is fixed by the court.” That would be the EXCEPTION to the 15-day period to file answer. Now, when are these instances when the court may fix a different period? They are those mentioned in Rule 14, Sections 14, 15, and 16 – yung tinatawag service of summons by publication.

Let’s give example to the general rule. EXAMPLE: If the defendant is served with a copy of the complaint and summons today (January 13,1998), the last day to file an answer will be January 28, 1998. Just add 15 days to January 13.

In computing the a period, you follow the rule known as “exclude the first, include the last day rule” under Article 13 of the New Civil Code. I think you know how to apply that. When you receive the complaint today or when you are summoned today, you start counting the period tomorrow. Such rule is also found in Section 1 of Rule 22 on Computation of Time:

Rule 22, Sec. 1. How to compute time. - In computing any period of time prescribed or allowed by these Rules, or by order of the court, or by any applicable statute, the day of the act or event from which the designated period of time begins to run is to be excluded and the date of performance included. If the last day of the period, as thus computed, falls on a Saturday, a Sunday, or a legal holiday in the place where the court sits, the time shall not run until the next working day. (n)

(The following discussions on Rule 22 are taken from the Remedial Law Review Transcription [1997-1998]:)

So you see, ito (Section 1, Rule 22) yung the act itself from which the designated period of time where the case will run is to be excluded. Meaning, when you receive the summons, you count one but today is excluded and of course the last day is included. And if the last day is the next working day. A: It is done on the next business day. Here, there is an automatic extension.

Sec. 2. Effect of interruption. Should an act be done which effectively interrupts the running of the period, the allowable period after such

interruption shall start to run on the day after notice of the cessation of the cause thereof.

The day of the act that caused the interruption shall be excluded in the computation of the period. (n)

Alright, a good example of this is period to file an answer which is 15 days. And then you filed a motion to dismiss under Rule 16 somewhere in between. Now, what is the principle to be remembered here?

The filing of the motion to dismiss will now be interrupt the running of the 15-day period. And when your motion is denied, if you receive the order of the denial now, you continue computing the balance within the remaining period to file your answer.

Now, some people can’t understand this second sentence – “The day of the act that caused the interruption shall be excluded in the computation of the period.” Many are wondering kung ano ba ang ibig sabihin nito! The meaning of this is exemplified in the case of LABITAD vs. CA (July 17, 1995). For EXAMPLE:

We will assume that on November 30 (end of the month), you were served with summons by the court. So you have 15 days to file your answer from November 30. Let us say, on December 10, you filed a motion to dismiss under Rule 16. So, the remaining of the period to file an answer is interrupted. And let us say on December 15 or 5 days thereafter, your motion was denied, you receive a copy of the order of denial.

My QUESTION is, how many days more do you have or left to file your answer? Five days?

How many days did you consume? From November 30 to December 10 = 10 days. Tapos, December 10 to December 15 = not counted. And you still have 5 days, so December 20, di ba?

Now if you ask majority of lawyers here, they will give the same answer. BUT according to LABITAD, that computation is wrong. You actually have six (6) days.

So your deadline to file you notice to appeal is December 21. Why? Akala ko ba the filing of the motion to dismiss interrupts? Now, when did you file your motion? December 10. Therefore, December 10 is not counted because it is already interrupted.

So actually, you did not consume 10 days but only 9 days. That is the explanation of the SC in the case of LABITAD – the day you filed your motion to dismiss is already excluded. So you only count December 1 to 9. This is the illustration of the sentence “the day the act which caused the interruption is excluded in the computation of t tie period.”

ILLUSTRATION:

November 30 December 10 December 15 December 21

Defendant received

Alright, let’s go back to Rule 11:

Sec. 2. Answer of a defendant foreign private juridical entity. Where the defendant is a foreign private juridical entity and service of summons is made on the government official designated by law to receive the same, the answer shall be filed within thirty (30) days after receipt of summons by such entity. (2a)

The defendant here is a foreign private juridical entity. Meaning, a foreign corporation doing business in the Philippines. In the first place, one cannot sue a foreign private corporation which is not doing business in the Philippines because there is no way that the court can acquire jurisdiction over the person of such corporation. If the foreign private corporation is doing business in the Philippines, then one can sue it here in the Philippines. EXAMPLES: Sun Life of Canada; China Airlines (CAL), Cathay Pacific, etc.

Q: Now, what is the period to answer when the defendant is a foreign private corporation doing business in the Philippines?

A: It DEPENDS:

7.) When the foreign corporation has a designated resident agent, the summons shall be served to the resident agent, and he has 15 days to answer, just like any defendants in Section 1. 8.) On the other hand, if the foreign corporation does not have any designated resident agent in

the Philippines, then under the Corporation Code, the summons shall be served to the government official designated by law to receive the same, who is duty bound to transmit it to the head office of the corporation abroad. And the corporation now has 30 days from receipt of summons to file its answer.

So it is either 15 or 30 days.

Q: Now, who is this proper government official designated by law to receive summons?

A: Generally, it is the Secretary of the Department of Trade and Industry. But for some types of business, the law may designate any other official. Like the foreign corporation to be sued is a foreign insurance company (e.g. Sun Life of Canada), under Insurance Code, you serve it to the Insurance Commissioner. Or if it is a foreign bank which has branch here, you serve the summons to the Superintendent of the Bangko Sentral ng Pilipinas.

Sec. 3. Answer to amended complaint. Where the plaintiff files an amended complaint as a matter of right, the defendant shall answer the same within fifteen (l5) days after being served with a copy thereof.

Where its filing is not a matter of right, the defendant shall answer the amended complaint within ten (10) days from notice of the order admitting the same. An answer earlier filed may serve as the answer to the amended complaint if no new answer is filed.

This Rule shall apply to the answer to an amended counterclaim, amended cross-claim, amended third (fourth, etc.) party complaint, and amended complaint-in-intervention. (3a)

Now, what is the period to file an answer to an amended complaint? Under Section 3, there are two (2) periods – first paragraph, 15 days; second paragraph, 10 days. Now what is the difference?

Suppose the complaint is amended as a matter of right because defendant has not yet filed an answer. Meaning, the complaint is served on you and even before you answer it was amended and another complaint is served, then you have 15 days to file your answer counted from the day of service of the amended complaint. So forget the original period and you have 15 days all over again.

But suppose the defendant has already answered the original complaint and then the plaintiff decides to amend his complaint which under the previous rule, is a matter of judicial discretion. Now, suppose the court issued an order admitting the amended complaint and the defendant is furnished of the copy of the order admitting the amended complaint. Therefore, if he wants to answer the amended complaint, he has 10 days to do it and not 15 days. The 10-day period will be counted from service of the order admitting the amended complaint, not from the service of the amended complaint because the same may not be admitted. You wait for the order of the court admitting the amended complaint.

So, there are two (2) periods to file an answer to an amended complaint.

Q: Suppose I will not file an answer to the amended complaint. I filed an answer to the original complaint but I did not file an answer to the amended complaint, can I be declared in default?

A: NO, because Section 3 provides that the answer earlier filed may serve as an answer to the amended complaint if no answer is filed. Like when the amendment is only formal, why will I answer? In other words, my defenses to the original complaint is still applicable.

So the principle is: if no answer is filed to the amended complaint, the answer to the original complaint automatically serves as the answer to the amended complaint and therefore the defendant cannot be declared in default.

Alright, the third paragraph of Section 3 is new. So, kasama na iyung amended counterclaims, amended cross-claims.

Sec. 4. Answer to counterclaim or cross-claim. A counterclaim or cross- claim must be answered within ten (l0) days from service. (4)

Now, if you answer a counterclaim or cross-claim, you have Section 4. The period to file an answer to a counterclaim or cross-claim is only ten (10) days from the time it is served.

Q: What happens if the plaintiff does not answer the counterclaim of the defendant?

A: He can be declared in default on the counterclaim. He has still standing to prove his cause of action in the main case but he loses his standing to defend himself in the counterclaim.

Q: Are there instances where an answer to a counterclaim is optional? Meaning, the plaintiff does not answer and he cannot be declared in default.

A: YES, that is when the counterclaim is so intertwined with the main action – they are so intertwined that if the plaintiff would answer the counterclaim, it would only be a repetition of what he said in his complaint. In this case, even if the plaintiff will not answer, he cannot be declared in default.

EXAMPLE: The plaintiff filed a case against the defendant for damages arising from a vehicular collision. According to the plaintiff, because of the negligence of the defendant, the plaintiff’s vehicle was damaged amounting to that much. So the cause is quasi-delict. Now in his answer, defendant says no and he denied the liability and he files a counterclaim saying, “As a matter of fact, it is the plaintiff

who is negligent. And since my vehicle was damaged, I am now claiming damages against him.”

So practically, the issue on negligence is being thrown back. Now, the plaintiff did not answered the counterclaim, can he be declared in default? NO, because if you require the plaintiff to file an answer, what will he say? The same, “NO, you were the one at fault!” So, uulitin na naman niya 'yung sinabi niya in his complaint. It is already repetitions. Yan, so that is one of the exceptions.

Sec. 5. Answer to third (fourth, etc.)- party complaint. The time to answer a third (fourth, etc.)- party complaint shall be governed by the same rule as the answer to the complaint. (5a)

Sec. 6. Reply. A reply may be filed within ten (l0) days from service of the pleading responded to. (6)

If you want to file a reply, you have ten (10) days to file. But as a general rule, the filing of a reply is optional.

Sec. 7. Answer to supplemental complaint. A supplemental complaint may be answered within ten (10) days from notice of the order admitting the same, unless a different period is fixed by the court. The answer to the complaint shall serve as the answer to the supplemental complaint if no new or supplemental answer is filed. (n)

It follows the same rule as in Section 3, second paragraph. A supplemental complaint may be answered in ten (10) days. The computation is again from notice of the order admitting the same.

Suppose I will not answer the supplemental complaint? The same principle – the answer to the original complaint shall serve as the answer to the supplemental complaint. So it follows the same principle as the amended complaint in the second paragraph of Section 3.

Sec. 8. Existing counterclaim or cross-claim. A compulsory counterclaim or a cross-claim that a defending party has at the time he files his answer shall be contained therein. (8a, R6)

One of the requisites to make a counterclaim compulsory is that the defending party has the counterclaim at the time he files his answer. This is related with Section 7, Rule 6.

Sec. 9. Counterclaim or cross-claim arising after answer. A counterclaim or a cross-claim which either matured or was acquired by a party after serving his pleading may, with the permission of the court, be presented as a counterclaim or a cross-claim by supplemental pleading before judgment. (9, R6)

Sec. 10. Omitted counterclaim or cross-claim. When a pleader fails to set up a counterclaim or a cross-claim through oversight, inadvertence, or excusable neglect, or when justice requires, he may, by leave of court, set up the counterclaim or cross-claim by amendment before judgment. (3a, R9)

Existing counterclaims or cross-claims, tapas na ito ano? We already discussed this before. As a matter of fact, Sections 9 and 10 illustrates the distinction between an amended pleading to a supplemental pleading.

If the counterclaim or cross-claim was acquired by a party after serving his pleading, he may raised it by way of supplemental pleading. But if a pleader fails to set up a counterclaim or a cross-claim which is already matured when he filed his pleading due to inadvertence or excusable neglect, then he way raise it by way of amended pleading.

Sec. 11. Extension of time to plead. Upon motion and on such terms as may be just, the court may extend the time to plead provided in these Rules.

The court may also, upon like terms, allow an answer or other pleading to be filed after the time fixed by these Rules. (7)

The period to file is 15 or 10 days, but the general rule is 15 days. Q: Now, is the 15-day period extendible?

A: YES, upon motion and on such terms as may be just, the court may extend the time to plead. Normally, the lawyer will file a motion for extension of time to answer on the 15th, the 14th, or the 13th day. That’s very common. The common reason of the lawyers for the extension is pressure of work – maraming trabaho ba. Others are because of the traditional mañana habit. We usually act during the deadline.

Take note that when you file your motion for extension, do it within the original 15-day period. Do not file your motion on the 16th day because there is nothing to extend. So the extension is usually filed within the 15-day period.

Q: Now what happens if the lawyer fails to file such a motion? So naglampas na yung 15 days. And then on the 18th, he will now file an answer. Practically out of time na yan because the 15-day period already expired and he did not ask any motion for extension. Now what should the lawyer do?

A: The lawyer can use the second paragraph, “The court may also, upon like terms, allow an answer or other pleading to be filed after the time fixed by these Rules.” The correct motion is “MOTION TO ADMIT LATE ANSWER.”

EXAMPLE: The deadline is 3 days ago. I failed to file my answer but now it is ready. So, “motion to admit belated answer.”

Normally, the courts here are liberal in allowing extensions. The general rule is that the court frowns on default. As such as possible both sides must be heard. So in the spirit of liberality, courts are usually liberal in allowing these extensions in time to file answers. I still have to see a judge na i-deny yan. Standard na yan, eh.

SUMMARY OF TIME TO FILE RESPONSIVE PLEADINGS