1997 Rules on Civil Procedure 2001 Edition < DRAFT COPY; Please check for errors >

Rule 11 When to File Responsive Pleadings

Rule 11 WHEN TO FILE RE PON I!E PLEADIN" What are discussed in this rule are periods. The question when a defendant wants to file an answer is, How many days does he have? There must be a deadline. Rule applies to all persons ! natural and "uridical such as a corporation. ECTION 1# Answer to the complaint. The $efe%$a%& shall f'le h's a%s(er &o &he co)*la'%& ('&h'% f'f&ee% +l,- $a.s af&er ser/'ce of su))o%s0 u%less a $'ffere%& *er'o$ 's f'1e$ 2. &he cour&# +1a#ection is the $%&%R'( R)(% ! the defendant has a period of * days after service of summons within which to file his answer. The procedure is when a plaintiff files a complaint in court, the court will issue summons +which is the counterpart of warrant of arrest in criminal cases,. The sheriff of the court will loo- for the defendant and serve him a copy of the complaint. .rom that day on, the defendant has * days to file his answer. The rules says, unless a different period is fi/ed by the court. That would be the %01%2T34& to the *5day period to file answer. &ow, when are these instances when the court may fi/ a different period? They are those mentioned in Rule 6, #ections 6, *, and 7 ! yun8 tinatawa8 service of summons by publication. (et9s 8ive e/ample to the 8eneral rule. %0':2(%; 3f the defendant is served with a copy of the complaint and summons today +<anuary =, >>?,, the last day to file an answer will be <anuary @?, >>?. <ust add * days to <anuary =. 3n computin8 the a period, you follow the rule -nown as e/clude the first, include the last day rule under 'rticle = of the &ew 1ivil 1ode. 3 thin- you -now how to apply that. When you receive the complaint today or when you are summoned today, you start countin8 the period tomorrow. #uch rule is also found in #ection of Rule @@ on 1omputation of Time; Rule 330 ec# 1# How to compute time# 4 I% co)*u&'%5 a%. *er'o$ of &')e *rescr'2e$ or allo(e$ 2. &hese Rules0 or 2. or$er of &he cour&0 or 2. a%. a**l'ca2le s&a&u&e0 &he $a. of &he ac& or e/e%& fro) (h'ch &he $es'5%a&e$ *er'o$ of &')e 2e5'%s &o ru% 's &o 2e e1clu$e$ a%$ &he $a&e of *erfor)a%ce '%clu$e$# If &he las& $a. of &he *er'o$0 as &hus co)*u&e$0 falls o% a a&ur$a.0 a u%$a.0 or a le5al hol'$a. '% &he *lace (here &he cour& s'&s0 &he &')e shall %o& ru% u%&'l &he %e1& (ork'%5 $a.# +%+The followin8 discussions on Rule @@ are ta-en from the Remedial (aw Review Transcription A >>B5 >>?C;, #o you see, ito +#ection , Rule @@, yun8 the act itself from which the desi8nated period of time where the case will run is to be e/cluded. :eanin8, when you receive the summons, you count one but today is e/cluded and of course the last day is included. 'nd if the last day is the ne/t wor-in8 day. '; 3t is done on the ne/t business day. Here, there is an automatic e/tension.

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Rule 11 When to File Responsive Pleadings

ec# 3# Effect of interruption. houl$ a% ac& 2e $o%e (h'ch effec&'/el. '%&erru*&s &he ru%%'%5 of &he *er'o$0 &he allo(a2le *er'o$ af&er such '%&erru*&'o% shall s&ar& &o ru% o% &he $a. af&er %o&'ce of &he cessa&'o% of &he cause &hereof# The $a. of &he ac& &ha& cause$ &he '%&erru*&'o% shall 2e e1clu$e$ '% &he co)*u&a&'o% of &he *er'o$# +%'lri8ht, a 8ood e/ample of this is period to file an answer which is * days. 'nd then you filed a motion to dismiss under Rule 7 somewhere in between. &ow, what is the principle to be remembered here? The filin8 of the motion to dismiss will now be interrupt the runnin8 of the *5day period. 'nd when your motion is denied, if you receive the order of the denial now, you continue computin8 the balance within the remainin8 period to file your answer. &ow, some people can9t understand this second sentence ! The day of the act that caused the interruption shall be e/cluded in the computation of the period. :any are wonderin8 -un8 ano ba an8 ibi8 sabihin nitoD The meanin8 of this is e/emplified in the case of LABITAD vs. CA +<uly B, >>*,. .or %0':2(%; We will assume that on &ovember =E +end of the month,, you were served with summons by the court. #o you have * days to file your answer from &ovember =E. (et us say, on Fecember E, you filed a motion to dismiss under Rule 7. #o, the remainin8 of the period to file an answer is interrupted. 'nd let us say on Fecember * or * days thereafter, your motion was denied, you receive a copy of the order of denial. :y G)%#T34& is, how many days more do you have or left to file your answer? .ive days? How many days did you consume? .rom &ovember =E to Fecember E H E days. Tapos, Fecember E to Fecember * H not counted. 'nd you still have * days, so Fecember @E, di ba? &ow if you as- ma"ority of lawyers here, they will 8ive the same answer. I)T accordin8 to LABITAD, that computation is wron8. Jou actually have si/ +7, days. #o your deadline to file you notice to appeal is Fecember @ . Why? '-ala -o ba the filin8 of the motion to dismiss interrupts? &ow, when did you file your motion? Fecember E. Therefore, Fecember E is not counted because it is already interrupted. #o actually, you did not consume E days but only > days. That is the e/planation of the #1 in the case of LABITAD ! the day you filed your motion to dismiss is already e/cluded. #o you only count Fecember to >. This is the illustration of the sentence the day the act which caused the interruption is e/cluded in the computation of t tie period. 3(()#TR'T34&; &ovember =E Fefendant received #ummons Fecember E Fefendant filed a :otion to Fismiss Fecember * :otion to Fismiss is denied. Fecember @ Feadline to file the 'nswer

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'lri8ht, let9s 8o bac- to Rule ;

Rule 11 When to File Responsive Pleadings

ec# 3# Answer of a defendant foreign private juridical entit . Where &he $efe%$a%& 's a fore'5% *r'/a&e 6ur'$'cal e%&'&. a%$ ser/'ce of su))o%s 's )a$e o% &he 5o/er%)e%& off'c'al $es'5%a&e$ 2. la( &o rece'/e &he sa)e0 &he a%s(er shall 2e f'le$ ('&h'% &h'r&. +78- $a.s af&er rece'*& of su))o%s 2. such e%&'&.# +3aThe defendant here is a forei8n private "uridical entity. :eanin8, a forei8n corporation doin8 business in the 2hilippines. 3n the first place, one cannot sue a forei8n private corporation which is not doin8 business in the 2hilippines because there is no way that the court can acquire "urisdiction over the person of such corporation. 3f the forei8n private corporation is doin8 business in the 2hilippines, then one can sue it here in the 2hilippines. %0':2(%#; #un (ife of 1anadaK 1hina 'irlines +1'(,, 1athay 2acific, etc. G; &ow, what is the period to answer when the defendant is a forei8n private corporation doin8 business in the 2hilippines? '; 3t F%2%&F#; a., When the forei8n corporation has a desi8nated resident a8ent, the summons shall be served to the resident a8ent, and he has * days to answer, "ust li-e any defendants in #ection . b., 4n the other hand, if the forei8n corporation does not have any desi8nated resident a8ent in the 2hilippines, then under the 1orporation 1ode, the summons shall be served to the 8overnment official desi8nated by law to receive the same, who is duty bound to transmit it to the head office of the corporation abroad. 'nd the corporation now has =E days from receipt of summons to file its answer. #o it is either * or =E days. G; &ow, who is this proper 8overnment official desi8nated by law to receive summons? '; $enerally, it is the #ecretary of the Fepartment of Trade and 3ndustry. Iut for some types of business, the law may desi8nate any other official. (i-e the forei8n corporation to be sued is a forei8n insurance company +e.8. #un (ife of 1anada,, under 3nsurance 1ode, you serve it to the 3nsurance 1ommissioner. 4r if it is a forei8n ban- which has branch here, you serve the summons to the #uperintendent of the Ian8-o #entral n8 2ilipinas. ec# 7# Answer to amended complaint. Where &he *la'%&'ff f'les a% a)e%$e$ co)*la'%& as a )a&&er of r'5h&0 &he $efe%$a%& shall a%s(er &he sa)e ('&h'% f'f&ee% +l,- $a.s af&er 2e'%5 ser/e$ ('&h a co*. &hereof# Where '&s f'l'%5 's %o& a )a&&er of r'5h&0 &he $efe%$a%& shall a%s(er &he a)e%$e$ co)*la'%& ('&h'% &e% +18- $a.s fro) %o&'ce of &he or$er a$)'&&'%5 &he sa)e# A% a%s(er earl'er f'le$ )a. ser/e as &he a%s(er &o &he a)e%$e$ co)*la'%& 'f %o %e( a%s(er 's f'le$# Th's Rule shall a**l. &o &he a%s(er &o a% a)e%$e$ cou%&ercla')0 a)e%$e$ cross4cla')0 a)e%$e$ &h'r$ +four&h0 e&c#- *ar&. co)*la'%&0 a%$ a)e%$e$ co)*la'%&4 '%4'%&er/e%&'o%# +7a&ow, what is the period to file an answer to an amended complaint? )nder #ection =, there are two +@, periods ! first para8raph, * daysK second para8raph, E days. &ow what is the difference?

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Rule 11 When to File Responsive Pleadings

#uppose the complaint is amended as a matter of ri8ht because defendant has not yet filed an answer. :eanin8, the complaint is served on you and even before you answer it was amended and another complaint is served, then you have * days to file your answer counted from the day of service of the amended complaint. #o for8et the ori8inal period and you have * days all over a8ain. Iut suppose the defendant has already answered the ori8inal complaint and then the plaintiff decides to amend his complaint which under the previous rule, is a matter of "udicial discretion. &ow, suppose the court issued an order admittin8 the amended complaint and the defendant is furnished of the copy of the order admittin8 the amended complaint. Therefore, if he wants to answer the amended complaint, he has E days to do it and not * days. The E5day period will be counted from service of the order admittin8 the amended complaint, not from the service of the amended complaint because the same may not be admitted. Jou wait for the order of the court admittin8 the amended complaint. #o, there are two +@, periods to file an answer to an amended complaint. G; #uppose 3 will not file an answer to the amended complaint. 3 filed an answer to the ori8inal complaint but 3 did not file an answer to the amended complaint, can 3 be declared in default? '; &4, because #ection = provides that the answer earlier filed may serve as an answer to the amended complaint if no answer is filed. (i-e when the amendment is only formal, why will 3 answer? 3n other words, my defenses to the ori8inal complaint is still applicable. #o the principle is; if no answer is filed to the amended complaint, the answer to the ori8inal complaint automatically serves as the answer to the amended complaint and therefore the defendant cannot be declared in default. 'lri8ht, the third para8raph of #ection = is new. #o, -asama na iyun8 amended counterclaims, amended cross5claims. ec# 9# Answer to counterclaim or cross!claim. A cou%&ercla') or cross4cla') )us& 2e a%s(ere$ ('&h'% &e% +l8- $a.s fro) ser/'ce# +9&ow, if you answer a counterclaim or cross5claim, you have #ection 6. The period to file an answer to a counterclaim or cross5claim is only ten + E, days from the time it is served. G; What happens if the plaintiff does not answer the counterclaim of the defendant? '; He can be declared in default on the counterclaim. He has still standin8 to prove his cause of action in the main case but he loses his standin8 to defend himself in the counterclaim. G; 're there instances where an answer to a counterclaim is optional? :eanin8, the plaintiff does not answer and he cannot be declared in default. '; J%#, that is when the counterclaim is so intertwined with the main action ! they are so intertwined that if the plaintiff would answer the counterclaim, it would only be a repetition of what he said in his complaint. 3n this case, even if the plaintiff will not answer, he cannot be declared in default. %0':2(%; The plaintiff filed a case a8ainst the defendant for dama8es arisin8 from a vehicular collision. 'ccordin8 to the plaintiff, because of the ne8li8ence of the defendant, the plaintiff9s vehicle was dama8ed amountin8 to that much. #o the cause is quasi5delict. &ow in his answer, defendant says no and he denied the liability and he files a counterclaim sayin8, 's a matter of fact, it is the plaintiff who is ne8li8ent. 'nd since my vehicle was dama8ed, 3 am now claimin8 dama8es a8ainst him.

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Rule 11 When to File Responsive Pleadings

#o practically, the issue on ne8li8ence is bein8 thrown bac-. &ow, the plaintiff did not answered the counterclaim, can he be declared in default? &4, because if you require the plaintiff to file an answer, what will he say? The same, &4, you were the one at faultD #o, uulitin na naman niya Lyun8 sinabi niya in his complaint. 3t is already repetitions. Jan, so that is one of the e/ceptions. ec# ,# Answer to third "fourth# etc.$! part complaint. The &')e &o a%s(er a &h'r$ +four&h0 e&c#-4 *ar&. co)*la'%& shall 2e 5o/er%e$ 2. &he sa)e rule as &he a%s(er &o &he co)*la'%&# +,aec# :# %epl . A re*l. )a. 2e f'le$ ('&h'% &e% +l8- $a.s fro) ser/'ce of &he *lea$'%5 res*o%$e$ &o# +:3f you want to file a reply, you have ten + E, days to file. Iut as a 8eneral rule, the filin8 of a reply is optional. ec# ;# Answer to supplemental complaint. A su**le)e%&al co)*la'%& )a. 2e a%s(ere$ ('&h'% &e% +18- $a.s fro) %o&'ce of &he or$er a$)'&&'%5 &he sa)e0 u%less a $'ffere%& *er'o$ 's f'1e$ 2. &he cour&# The a%s(er &o &he co)*la'%& shall ser/e as &he a%s(er &o &he su**le)e%&al co)*la'%& 'f %o %e( or su**le)e%&al a%s(er 's f'le$# +%3t follows the same rule as in #ection =, second para8raph. ' supplemental complaint may be answered in ten + E, days. The computation is a8ain from notice of the order admittin8 the same. #uppose 3 will not answer the supplemental complaint? The same principle ! the answer to the ori8inal complaint shall serve as the answer to the supplemental complaint. #o it follows the same principle as the amended complaint in the second para8raph of #ection =. ec# <# E&isting counterclaim or cross!claim. A co)*ulsor. cou%&ercla') or a cross4cla') &ha& a $efe%$'%5 *ar&. has a& &he &')e he f'les h's a%s(er shall 2e co%&a'%e$ &here'%# +<a0 R:4ne of the requisites to ma-e a counterclaim compulsory is that the defendin8 party has the counterclaim at the time he files his answer. This is related with #ection B, Rule 7. ec# =# Counterclaim or cross!claim arising after answer. A cou%&ercla') or a cross4cla') (h'ch e'&her )a&ure$ or (as ac>u're$ 2. a *ar&. af&er ser/'%5 h's *lea$'%5 )a.0 ('&h &he *er)'ss'o% of &he cour&0 2e *rese%&e$ as a cou%&ercla') or a cross4cla') 2. su**le)e%&al *lea$'%5 2efore 6u$5)e%&# +=0 R:ec# 18# 'mitted counterclaim or cross!claim. Whe% a *lea$er fa'ls &o se& u* a cou%&ercla') or a cross4cla') &hrou5h o/ers'5h&0 '%a$/er&e%ce0 or e1cusa2le %e5lec&0 or (he% 6us&'ce re>u'res0 he )a.0 2. lea/e of cour&0 se& u* &he cou%&ercla') or cross4cla') 2. a)e%$)e%& 2efore 6u$5)e%&# +7a0 R=%/istin8 counterclaims or cross5claims, tapas na ito ano? We already discussed this before. 's a matter of fact, #ections > and E illustrates the distinction between an amended pleadin8 to a supplemental pleadin8.

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Rule 11 When to File Responsive Pleadings

3f the counterclaim or cross5claim was acquired by a party after servin8 his pleadin8, he may raised it by way of supplemental pleadin8. Iut if a pleader fails to set up a counterclaim or a cross5claim which is already matured when he filed his pleadin8 due to inadvertence or e/cusable ne8lect, then he way raise it by way of amended pleadin8. ec# 11# E&tension of time to plead. ?*o% )o&'o% a%$ o% such &er)s as )a. 2e 6us&0 &he cour& )a. e1&e%$ &he &')e &o *lea$ *ro/'$e$ '% &hese Rules# The cour& )a. also0 u*o% l'ke &er)s0 allo( a% a%s(er or o&her *lea$'%5 &o 2e f'le$ af&er &he &')e f'1e$ 2. &hese Rules# +;The period to file is * or E days, but the 8eneral rule is * days. G; &ow, is the *5day period e/tendible? '; J%#, upon motion and on such terms as may be "ust, the court may e/tend the time to plead. &ormally, the lawyer will file a motion for e/tension of time to answer on the *th, the 6th, or the =th day. That9s very common. The common reason of the lawyers for the e/tension is pressure of wor- ! maramin8 trabaho ba. 4thers are because of the traditional maMana habit. We usually act durin8 the deadline. Ta-e note that when you file your motion for e/tension, do it within the ori8inal *5day period. Fo not file your motion on the 7th day because there is nothin8 to e/tend. #o the e/tension is usually filed within the *5day period. G; &ow what happens if the lawyer fails to file such a motion? #o na8lampas na yun8 * days. 'nd then on the ?th, he will now file an answer. 2ractically out of time na yan because the *5day period already e/pired and he did not as- any motion for e/tension. &ow what should the lawyer do? '; The lawyer can use the second para8raph, The court may also, upon li-e terms, allow an answer or other pleadin8 to be filed after the time fi/ed by these Rules. The correct motion is :4T34& T4 'F:3T ('T% '&#W%R. %0':2(%; The deadline is = days a8o. 3 failed to file my answer but now it is ready. #o, motion to admit belated answer. &ormally, the courts here are liberal in allowin8 e/tensions. The 8eneral rule is that the court frowns on default. 's much as possible both sides must be heard. #o in the spirit of liberality, courts are usually liberal in allowin8 these e/tensions of time to file answers. 3 still have to see a "ud8e na i5deny yan. #tandard na yan, eh.

()**A%+ ', TI*E T' ,ILE %E(-'.(I/E -LEADI.0( PLEADIN" PERIOD

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., 'nswer @., 'nswer of a private forei8n corporation a., with desi8nated 2hilippine representative b., no desi8nated 2hilippine representative =., 'nswer to an amended complaint a., if as a matter of ri8ht b., if as a matter of "udicial discretion 6., 'nswer to counterclaim or cross5claim *., 'nswer to third +fourth, etc., party complaint 7., Reply B., 'nswer to supplemental complaint

Rule 11 When to File Responsive Pleadings * days * days =E days * days E days E days * days E days E days

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