F6. When to File Responsive Pleadings (Rule 11) Flashcards
1.Answer to the Complaint
The defendant shall file his answer to the complaint within thirty (30) calendar days after service of summons, unless a different period is fixed by the court. (Sec. 1, Rule 11, ROC, as amended)
- Answer of a Defendant Foreign Private Juridical Entity
i. 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 sixty (60) calendar days after receipt of summons by such entity.
ii. Where its filing is not a matter of right, the defendant shall answer the amended complaint within fifteen (15) calendar 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. (Sec. 2, Rule 11, ROC, as amended)
NOTE: This Rule shall apply to the answer to an amended counterclaim, amended crossclaim, amended third (fourth, etc.)-party complaint, and amended complaintin-intervention
- Answer to Amended Complaint
i. When the plaintiff files an amended complaint as a matter of right, the defendant shall answer the same within thirty (30) calendar days after being served with a copy thereof.
ii. Where its filing is not a matter of right, the defendant shall answer the amended complaint within fifteen (15) calendar 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. (Sec. 3, Rule 11, ROC, as amended)
- Answer to Counterclaim or Crossclaim
A counterclaim or crossclaim must be answered within twenty (20) calendar days from service. (Sec. 4, Rule 11, ROC, as amended)
- 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. (Sec. 5, Rule 11, ROC, as amended)
- Reply
A reply, if allowed under Section 10, Rule 6 hereof, may be filed within fifteen (15) calendar days from service of the pleading responded to. (Sec. 6, Rule 11, ROC, as amended)
- Answer to Supplemental Complaint
A supplemental complaint may be answered within twenty (20) calendar 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. (Sec. 7, Rule 11, ROC, as amended)
- Existing Counterclaim or Crossclaim
A compulsory counterclaim or a crossclaim that a defending party has at the time he files his answer shall be contained therein. (Sec. 8, Rule 11, ROC, as amended
- Counterclaim or Crossclaim arising after Answer
A counterclaim or a crossclaim 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. (Sec. 9, Rule 11, ROC, as amended)
- Omitted Counterclaim or Crossclaim
When a pleader fails to set up a counterclaim or a crossclaim 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. (Sec. 10, Rule 11, ROC, as amended
- Extension of Time to file an Answer
A defendant may, for meritorious reasons, be granted an additional period of not more than thirty (30) calendar days to file an answer. A defendant is only allowed to file one (1) motion for extension of time to file an answer. (Sec. 11, Rule 11, ROC, as amended)
NOTE: A motion for extension to file any pleading, other than an answer, is prohibited and considered a mere scrap of paper. The court, however, may allow any other pleading to be filed after the time fixed by these Rules
