F. Pleadings

Question 1

LMT*Section 5. Defenses

Answer 1

Section 5. Defenses. – Defenses may either be negative or affirmative.

(a) A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his or her cause or causes of action.

(b) An affirmative defense is an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him or her. The affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance. Affirmative defenses may also include grounds for the dismissal of a complaint, specifically, that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment. (5a)

Question 2

LMT*Section 6. Counterclaim. –

Answer 2

Section 6. Counterclaim. – A counterclaim is any claim which a defending party may have against an opposing party

Question 3

LMT*Section 7. Compulsory counterclaim

Answer 3

Section 7. Compulsory counterclaim. –

A compulsory counterclaim is one which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the Regional Trial Court, the counterclaim may be considered compulsory regardless of the amount. A compulsory counterclaim not raised in the same action is barred, unless otherwise allowed by these Rules. (7a)

Question 4

LMT*Section 8. Cross-claim

Answer 4

Section 8. Cross-claim. –

A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. Such cross-claim may cover all or part of the original claim.

Question 5

LMT*Section 11. Third, (fourth, etc.)-party complaint.

Answer 5

Section 11. Third, (fourth, etc.)-party complaint. –

A third (fourth, etc.)-party complaint is a claim that a defending party may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.)-party defendant, for contribution, indemnity, subrogation or any other relief, in respect of his or her opponent’s claim. (CISO)

The third (fourth, etc.)-party complaint shall be denied admission, and the court shall require the defendant to institute a separate action, where:

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(a) the third (fourth, etc.)-party defendant cannot be located within thirty (30) calendar days from the grant of such leave;

(b) matters extraneous to the issue in the principal case are raised; or

(c) the effect would be to introduce a new and separate controversy into the action. (11a)

Question 6

LMT*Section 12. Bringing new parties.

Answer 6

Section 12. Bringing new parties. –

When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross-claim,

the court shall order them to be brought in as defendants, if jurisdiction over them can be obtained.