SECTION 1 - Answer to the complaint.—The defendant shall file his
answer to the complaint within fifteen (15) days after service of summons, unless a different period is fixed by the court. (1a)
Note: In case of a non-resident defendant on whom extrajudicial service of summons is made, period to answer must be at least 60 days (Sec. 15, Rule 15)
SECTION 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)
Breakdown of Sec. 1 and 2
A. Defendant to file his Answer to the Complaint 1. Within 15 days after service of summons 2. UNLESS different period is fixed by the court B. If defendant is a foreign private juridical entity
1. Service of summons made on the government official designated by law to receive the same
2. Answer is filed within 30 days after receipt of summons
Answer to Complaint:
1. Within 15 days after service of summons
UNLESS a different period is fixed by the court 2. In case the defendant is a foreign juridical entity
a. If it has a resident agent – within 15 days after service of summons to him
b. If it has no resident agent, but it has an agent or officer in the Philippines – within 15 days after service of summons to said agent or officer
c. If it has no resident agent nor agent nor officer – in which case service of summons is to be made with the SEC which will then send a copy thereof by registered mail within 10 days to the home office of foreign corporation – within 30 days after receipt of summons by the home office of the foreign private entity
3. In case of service of summons by publication – within the time specified in the order granting leave to serve summons by publication, which shall not be less than 60 days after notice (Rule 14 and 15)
4. In case of a non-resident defendant on whom extraterritorial service of summons is made – answer should be at least 60 days
Note: The court may extend the time to file the pleadings but it may NOT shorten them
Except in Quo warranto proceedings
SECTION 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 (15) 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)
Breakdown of Provision
A. If plaintiff files amended complaint as matter of right 1. Defendant to answer within 15 days after being served
a copy thereof
B. If plaintiff files amended complaint which is not a matter of right
1. Defendant to answer within 10 days from notice of the order admitting the same
2. Answer earlier filed may serve as answer to amended complaint if no answer is filed
C. Sec. 3, Rule 11 shall apply to:
1. Answer to an amended counterclaim 2. Answer to amended cross-claim
3. Answer to amended third-party complaint 4. Answer to amended complaint-in-intervention
Reckoning Dates:
A. If the filing of an amended complaint is a matter of right As where no answer has yet been filed to the original
complaint, no motion for leave of court order granting such leave to file amended complaint being involved
15-day period to answer is counted from service of amended complaint
B. If filing of amended complaint is not a matter of right Leave of court is required
The 10-day period to answer runs from notice of the court order granting the same
Leave of Court
- Leave of court to file a pleading or motion is obtained by filing a motion for leave accompanied by the pleading or motion sought to be admitted (See Sec. 9, Rule 15) - Plaintiff should serve on defendant and file with the court
the motion for leave to file an amended complaint - If motion is granted, defendant shall file his answer within
10 days from order admitting amended complaint - If no answer is filed, his original answer may serve as
answer to the amended complaint As such, he cannot be held in default
However, new material allegations in the amended complaint which are not specifically denied are deemed admitted
Note: this rule shall also apply to the answer to an amended counterclaim, amended cross-claim, amended third-party complaint, and amended complaint-in-intervention
- If no new answer is filed, answer to original pleading shall be deemed as answer to amended pleading
SECTION 4 - Answer to counterclaim or cross-claim.—A counter-
claim or cross-claim must be answered within ten (10) days from service. (4)
Note: Failure to answer is a ground for default
A Counterclaim need not be answered in the following cases: 1. Where the answer would be a repetition of the allegations
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2. Where the issues raised in the counterclaim are inseparable from those posed in the complaint (Sarmiento
v. Juan)
3. A plaintiff who fails or chooses not to answer a compulsory counterclaim may not be declared in default, principally because the issues raised in the counterclaim are deemed automatically joined by the allegations in the compliant (Gojo v. Goyala)
Nature of Default on Counterclaim
Unlike default on a complaint, default to a counterclaim does not divest the plaintiff of standing in court or right to produce evidence on his complaint nor per se entitle defendant to immediate judgment on the counterclaim (Navarro v. Bello)
A counterclaim or cross claim must be answered within 10 days from service.
SECTION 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) Notes:
- Contents of an answer to a third-party complaint are provided for in Sec. 13, Rule 6
- Time to file such answer is 15 days from service of summons to which are attached copies of the complaint and the third-party complaint
- The third-party defendant is served with summons just like the original defendant, hence he also has 15, 30, or 60 days from service of summons, as the case may be a. 15 days for resident defendant
b. 30 days for defendant foreign private juridical entity c. 60 days for non-resident defendant
SECTION 6 - Reply.—A reply may be filed within ten (10) days
from service of the pleading responded to. (6)
A reply may be filed within 10 days from service of pleading responded to.
Notes:
- This section uses the word MAY
- It is ordinarily optional to file a reply since, by his failure to do so, all the new matters alleged in the antecedent pleading are deemed controverted
SECTION 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. (a)
Since the filing of a supplemental complaint requires leave of court, - The procedure for filing an answer thereto is similar to the
case of an amended complaint the filing of which is not a matter of right, hence likewise requiring leave of court - Unlike the amended complaint, the court may, in a
supplemental complaint, fix a different period for answering the supplemental complaint in lieu of the reglementary 10 day period
Note that in an amended complaint, the facts sought to be incorporated were already known to but were
merely omitted by pleader and, in all probability, were likewise known to defending party
In a supplemental complaint, it seeks the introduction of facts or events which occurred or supervened after the filing of the original complaint; hence, for lack of knowledge thereof, defending party may need a longer period of time to respond to the allegations Effect of Failure to Answer Supplemental Complaint
- Failure to answer a supplemental complaint when ordered by the court is a ground for default (Del Bros. v. IAC) - But where the basic and principal issue had been
previously traversed and joined by the answer remained: There is no necessity to require defendant to plead
further to the supplemental complaint
There is no legal ground to declare defendant in default for such failure to plead
- The answer to the complaint shall serve as an answer to the supplemental complaint
Justice Feria notes that new and material allegations in the supplemental complaint which are not specifically denied are deemed admitted
SECTION 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)
SECTION 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)
SECTION 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)
Breakdown of Provisions
A. A compulsory counterclaim or a cross-claim that defendant has at time of filing of answer
1. The same shall be contained in the answer B. Counterclaim or cross-claim arising after the Answer
1. This covers counterclaim or cross-claim which either: a. Matured or
b. Was acquired by a party after his pleading 2. May be presented as counterclaim or cross-claim by
SUPPLEMENTAL PLEADING
a. How: With the permission of the court b. When: Before judgment
C. Omitted counterclaim or cross-claim
1. When pleader fails to set up counterclaim or cross- claim through:
a. Oversight, inadvertence, or excusable neglect; or b. When justice requires
2. Pleader may set up the counterclaim or cross-claim by AMENDED PLEADING
a. How: By leave of court b. When: Before judgment
Notes:
- See Sec. 2, Rule 11 for comments for Sec. 11 - See Sec. 6 and 7, Rule 6 discussion:
An after-acquired counterclaim or cross-claim may be set up by filing a supplemental pleading