Rule 6 - Pleadings

Question 1

What is a pleading?

Answer 1

These are written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.(Rule 6,Section 1)

Question 2

What are the functions of a pleading?

Answer 2

1. to inform the defendant clearly and definitely of the claims made against him so that he may be prepared to meet the issues at trial;
2. to inform the defendant of all material facts on which the plaintiff relies to support his demand; and
3. to state the theory of a cause of action which forms the bases of plaintiffs claim of liability

Question 3

What are the kinds of pleadings?

Answer 3

1. Complaint
2. Answer
3. Counterclaim
4. Cross-claim
5. Rejoinder
6. Reply
7. Third party complaint
8. Complaint-in-intervention

Question 4

Why is it required that we state the residence of the party in a pleading

Answer 4

so that we will know to whom or in what place we will be sending our pleadings.

Question 5

What are evidentiary facts?

Answer 5

They are evidence on which the party pleading relies for his claims or defenses so they must also be attached or mention in the pleading or complaint.

Question 6

What is a Complaint?

Answer 6

• the one that will cause the commencement of ordinary civil action
• pleading alleging the plaintiff’s or claiming party’s cause or cause of action. (Section 3, Rule 6).

Question 7

What is an Answer?

Answer 7

The pleading in which the defending party sets forth his or her affirmative or negative defenses. (Section 4, Rule 6, 2019 Amendments to the Rules of Civil Procedure)

An Answer may likewise be a response to a counterclaim or cross-claim.

Categorized as a responsive pleading.

Question 8

Two (2) kinds of Defenses that may be set forth in the Answer

Answer 8

Negative Defenses and Affirmative Defenses

Question 9

What is a negative defense?

Answer 9

A defense of specific denial where the defendant denies the statement in the complaint and states the fact or reason/s on which the denial is based

Question 10

What is an affirmative defense?

Answer 10

is also called defense of confession and avoidance because while the defendant may admit the material allegation in the complaint, he/she will plead a new matter which will prevent or bar recovery by the plaintiff.

Question 11

What are the kinds of specific denial in negative defenses?

Answer 11

1. absolute denial
2. partial denial
3. denial by disavowal of knowledge

Question 11

What are the kinds of specific denial in negative defenses?

Answer 11

1. absolute denial
2. partial denial
3. denial by disavowal of knowledge

Question 12

What are examples of insufficient denial or denials amounting to admission?

Answer 12

General denial - an admission of the material averments in a pleading asserting a claim or claims; and
Denial in the form of Negative Pregnant

Question 13

What is a negative pregnant?

Answer 13

it is a negative implying also an affirmative and which, although is stated in negative form, really admits the allegations to which it relates (Riano). It is a form of negative expression which carries with it an affirmation or at least an implication of some kind favorable to the adverse party. (Valdez vs. Dabon, A.C. No. 7353. November 16. 2015).

Question 14

Kinds of affirmative Defense

Answer 14

Fraud, statute of limitations, release, Payment, illegality statute of frauds, estoppel, former recovery, discharge in bankruptcy,

Question 15

What is an affirmative defense?

Answer 15

Also called a defense of confession and avoidance because while the defendant is admitting the material allegations inthe complaint, he is raising a new matter to bar o prevent recovery by the plaintiff.

Question 16

If the complaint is for recovery of money, should the counterclaim be also for sum of money?

Answer 16

No. It is not required that the two (2) cases should be similar in nature. What is important is that the same parties are involved in the case.

Question 17

What is the purpose of a counterclaim? Why is it allowed by the Rules?

Answer 17

To avoid multiplicity of suits.

Lafarge Cement Philippines vs. Continental Cement Corp.
G.R. No. 155173 [November 23, 2004]
SC: Counterclaims are generally allowed in order to avoid multiplicity of suits and to facilitate the disposition of the whole controversy in a single action, such that the defendant’s demand may be adjudged by a counterclaim rather than by an independent suit.

Question 18

A died. X was then appointed as administrator/legal representative of A’s estate. B owed the estate of A sum of money and because of it, X filed a case against B to collect
the amount. (X was suing B in a representative capacity).
B then filed his Answer and included a counterclaim for collection of sum of money against X which was obtained by the latter in his personal capacity. Is the counterclaim against X proper?

Answer 18

No. When X sued B, he was suing in a representative capacity. He was acting as administrator of the estate of A. The real plaintiff is the estate of A. Therefore, B cannot file a counterclaim against X in the latter’s personal capacity when X is suing in B in a representativecapacity.

Question 19

What are the limitations for counterclaims?

Answer 19

Based on Lafarge Cement Philippines vs. Continental Cement Corp. The only limitations are
(1) that the court should have jurisdiction over the subject matter of the counterclaim, and
(2) that it could acquire jurisdiction over third parties whose presence is essential for its adjudication.

Question 20

What are the kinds of counter claims?

Answer 20

1) compulsory counterclaim
2) permissive counterclaims .

Question 21

What is a compulsory counterclaim?

Answer 21

One which arises out of or is necessarily connected with the transaction or occurrence that is the subject matter of the opposing party’s claim (Sec. 7, Rule 6, 2019 Amendments to the Rules of Civil Procedure)

Question 22

What is a permissive counterclaim?

Answer 22

it does not arise out of nor is it necessarily connected with the subject matter of the opposing party’s claim. There is an absence of a logical connection with the subject matter of the complaint.

Question 23

What is the importance of the distinction between a compulsory and permissive counterclaim?

Answer 23

If a counterclaim is compulsory, it must be set up in the same action. Otherwise, it will be barred.

Question 24

When is a counterclaim compulsory?

Answer 24

A counterclaim is compulsory if: CAT-TiJ
1. It is cognizable by the regular courts of justice;
2. It arises out of or is connected with a transaction or occurrence constituting the
subject matter of the opposing party’s claim;
3. It does not require for its adjudication the presence of third parties of whom the
court cannot acquire jurisdiction;
4. It must be within the jurisdiction of the court, both as to the amount and nature
thereof, except that in an original action before the TC, the counterclaim may be considered compulsory regardless of the amount; and, 5. The defending party has a counterclaim at the time he files his Answer (In short, the counterclaim has already matured at the time the defendant filed his Answer.)

Question 25

Are counterclaims allowed in criminal cases?

Answer 25

The counterclaim of the accused cannot be tried together with the criminal case because, as already discussed, it will unnecessarily complicate and confuse the criminal proceedings.(Cabaero vs. Cantos)

Question 26

TESTS TO DETERMINE WHETHER THE COUNTERCLAIM IS COMPULSORY

Answer 26

1. Issues - are the issues of fact and law raised by the claim and counterclaim largely the same?
2. Res judicata - would res judicata bar a subsequent suit on the defendant’s claims, absent the compulsory counterclaim rule?
3. Evidence - will substantially the same evidence support or refute the plaintiffs claim, as well as the defendant’s counterclaim?
4. Logical Relation - Is there any logical relation between the claim and counterclaim?
   A positive answer to all four questions would indicate that the counterclaim is compulsory. (Buncayao vs. Fort llocandia Property, G.R. No. 170483, April 19, 2010)

Question 27

EFFECT OF COUNTERCLAIM WHEN COMPLAINT IS DISMISSED

Answer 27

Notwithstanding the dismissal of the action, the counterclaim shall not be dismissed in the following instances:
1. If a counterclaim has been pleaded by the defendant prior to the service upon him or her of the plaintiff’s motion to dismiss (Sec. 2, Rule 17, 2019 Amendments to the Rules of Civil Procedure); and
2. If the dismissali s due to the fault of the plaintiff.(Sec.3,Rule17,2019Amendments to the Rules of Civil Procedure)

Question 28

What is a cross-claim?

Answer 28

Any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter of either the original action, or a counterclaim therein. Such cross-claim may cover all or part of the original claim. (Sec. 8, Rule 6, 2019 Amendments to the Rules of Civil Procedure)

Question 29

Requisites of cross- claim

Answer 29

1. A claim by one party against a co-party.

example: Both plaintiff A vs B or B vs A or both defendant C Vs D or D vs C

2. It must arise out of the subject matter of the complaint or of the counterclaim; and
3. The cross-claimant is prejudiced by the claim against him by the opposing party.

Question 30

EFFECT IF A CROSS-CLAIM IS NOT SET UP

Answer 30

en. Rule: Barred if not set up (Sec. 2, Rule 9)
Exceptions:
1. Cross-claim arising after Answer (Sec. 9, Rule 11, 2019 Amendments to the Rules of
Civil Procedure); and
2. Omitted cross-claim.

Question 31

Distinguish counterclaim vs cross claim

Answer 31

1.it is a claim against an opposing party while cross claim is a claim against a co-party.
2. A counterclaim may or may not arise out of the subject matter of the complaint while a cross-claim arise from the subject matter of the original complaint.
3. Countered aim may or may not survive if the main action is dismissed While in a cross- claim, if the main action is dismissed, the cross claim is also dismissed

Question 32

In an action with a cross-claim, what is first resolved? Is it the main action or the cross-claim?

Answer 32

SC: Main action is first resolved. Needless to state, until the principal issue between the plaintiff and defendant cross-claimant shall have been determined, it would be premature to decide the cross-claim.Leticia Ligon vs. Court of Appeals and INC

Question 33

When Third-Party Complaint may be denied

Answer 33

1. The third (fourth, etc.)-party defendant cannot be located within thirty (30) calendar days from the grant of such leave;
2. Matters extraneous to the issue in the principal case are raised; or
3. The effect would be to introduce new and separate controversy into the action.

Question 34

What is a third-party complaint?

Answer 34

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, the requirement before it is filed the purpose must be for contribution, indemnity, subrogation or any other relief, in respect of his or her opponent’s claim. (Sec. 11, Rule 6, 2019 Amendments to the Rules of Civil Procedure). In short this is a complaint we will be impleading a stranger to the actions.

Question 35

in the third-party complaint, is it required that the issues raised are related or connected to the main actions?

Answer 35

NO, When a third-party complaint is filed, it need not be based on the same theory as that in the main complaint. It can be a different theory altogether.(Philtranco Servico Enterprises vs. Court of Appeals, 2012)

Question 36

Who has jurisdiction over the third-party complaint?

Answer 36

Where the trial court has jurisdiction over the main case, it also has jurisdiction over the third-party complaint regardless of the amount involved as a third-party complaint is merely auxiliary to and is a continuation of the main action. (Republic vs Central Surety, 1968)

Question 37

What is the test for the propriety of a third-party complaint?

Answer 37

TESTS-THIRD (FOURTH, ETC.)-PARTY COMPLAINT
1. ) Whether it arises out of the same transaction on which the plaintiff’s claim is based, or, although arising out of another or different transaction, is connected with the plaintiff’s claim;
2.) Whether the third-party defendant would be liable to the plaintiff or to the defendant for all or part of the plaintiff’s claim against the original defendant; and
3.) Whether the third-party defendant may assert defenses which the third-party plaintiff has or may have to the plaintiff’s claim (Capayas va CFI of Albany, 1946)

Question 38

Mobil filed a case against Sapugay. Sapugay filed an Answer and interposed a counterclaim for damages against Mobil and included Cardenas (Manager of Mobil) who was not a plaintiff to the case. Is the inclusion proper?

Answer 38

The inclusion of Cardenas is proper since it was necessary in the counterclaim.

Question 39

Chavez represented as counsel for PCGG. PCGG filed a case against Enrile for accumulation of ill-gotten wealth. Enrile filed an Answer with a counterclaim. In his counterclaim against PCGG, Enrile included Atty. Chavez. ls the inclusion of Atty. Chavez proper?

Answer 39

No. To allow a counterclaim against a lawyer who files a complaint for his client, who is merely their representative in court, would lead to mischievous consequences. A lawyer cannot attend to his duties towards his clients if, in the same case, he is kept busy defending himself.