F3 Kinds of Pleadings 3

Question 1

REPLY

Answer 1

A pleading, the office or function of which is to deny, or allege facts in denial, or avoidance of new matters alleged in, or relating to, said actionable document.

(Sec. 10, Rule 6, ROC, as amended)

It is a responsive pleading to an answer.

NOTE: All new matters alleged in the answer are deemed controverted. If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint. (Sec. 4, Rule 19, ROC, as amended)

Question 2

When a Reply may be filed

Answer 2

The plaintiff may file a reply ONLY if the defending party attaches an actionable document to his answer. (Sec. 10, Rule 6, supra.)

Question 3

Necessity of Filing a Reply under Oath

Answer 3

Where the defense in the answer is based on an actionable document, a reply under oath pursuant to Sec. 8 of Rule 8 may be made. Otherwise, the genuineness and due execution of the document shall be deemed admitted.

Question 4

REJOINDER

Answer 4

A rejoinder is the defendant’s answer to the plaintiff’s replication. (Bouvier, 6th ed., 1856)

Question 5

When a Rejoinder may be filed

Answer 5

In the event of an actionable document attached to the reply, the defendant may file a rejoinder if the same is based solely on an actionable document.

(Sec. 10, Rule 6, ROC, as amended)

Therefore, the rejoinder is limited to said actionable document.

Question 6

Pleadings allowed in Small Claims Cases

Answer 6

1. Statement of Claim (Form 1-SSC);

NOTE: It must be accompanied by a certification of non-forum shopping. If his claim is based on an actionable document, he is also required to attach two duly certified copies of such document as well as affidavits of witnesses and other evidence to support the claim. This is a mandatory requirement. No evidence shall be allowed during the hearing which was not attached to the claim unless good cause is shown for the admission of the evidence. (Sec. 6, A.M. No. 08-8-7-SC)

2. Response
3. Counterclaim:

a. Compulsory counterclaim
i. Is within the coverage of the Rule, exclusive of interest and costs;
ii. Arises out of the same transaction or event that is the subject matter of the plaintiff’s claim;
iii. Does not require for its adjudication the joinder of third parties; and
iv. Is not a subject of another pending action. (Sec. 15, A.M. No. 08-8-7-SC)

b. Permissive counterclaim Counterclaim against the plaintiff that does not arise out of the same transaction or occurrence, provided that the amount and nature thereof are within the coverage of the Rule and the prescribed docket and other legal fees are paid.

(Sec. 15, A.M. No. 08-8-7-SC)

Question 7

Civil Cases covered by the Rule on Small Claims

Answer 7

1. For money owed under any of following:

a. Contract of lease;
b. Contract of loan;
c. Contract of services;
d. Contract of sale; or
e. Contract of mortgage;

NOTE: On February 27, 2019, A.M. No. 08-8-7- SC was amended by the SC, which increases the amount of small claims from P 300,000.00 to P 400,000.00 in MeTC, and from P 200,000.00 to P 300,000.00 in MTCC, MTC and MCTC. (A.M. No. 08-8-7-SC, as amended, effective April 1, 2019)

2. For liquidated damages arising from contract; and
3. For the enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this rule pursuant to Sec. 417 of the Local Gov’t Code. (Sec. 4, A.M. No. 08-8-7-SC)

Question 8

Pleadings allowed in Cases covered by the Rules on Summary Procedure

Answer 8

1. Complaint;
2. Compulsory counterclaim;

NOTE: While in small claims cases, permissive counterclaim is allowed as long as the amount and nature thereof are within the coverage of the Rules of Procedure for Small Claims cases, the same is not allowed under the Rules on Summary Procedure.

3. Crossclaims pleaded in the answer; and
4. Answer to these pleadings (Sec. 3, Rules on Summary Procedure)

Question 9

Prohibited Pleadings, Motions and Petitions in Small Claims and Summary Procedure

Answer 9

1. GR: Motion to dismiss the complaint (2016 BAR)

XPNs:

In cases covered by summary procedure, a Motion to Dismiss may be filed only either on the ground of:

a. Lack of jurisdiction over the subject matter; or

b. Failure to refer the dispute to the Lupon Tagapamayapa, as required by the LGC. In cases covered by small claims, a Motion to Dismiss is a prohibited pleading which admits no exceptions. (SC En Banc Resolution dated October 27, 2009 in A.M. No. 08-8-7-SC)

2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial; NOTE: Judgment referred herein is a judgment on the merits.
4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings, affidavits, or any other paper;
6. Memoranda;
7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;
8. Motion to declare the defendant in default;
9. Dilatory motions for postponement;
10. Reply;
11. Third-party complaints; and
12. Interventions (Sec.14, A.M. No. 08-8-7-SC)