I.

PLEADINGS
A. Definition

Rule 6 Section 1. PLEADINGS defined. — written statements of the respective claims and
defenses of the parties submitted to the court for appropriate judgment.

B. Allowed Pleadings
(Rule 6, sec. 2) The claims of a party are asserted in a: (4CT)
(1) Complaint,
(2) Counter-claim,
(3) Cross-claim,
(4) Third (fourth, etc.) party complaint
(5) Complaint-in-intervention
-The defenses of a party are alleged in the answer to the pleading asserting a claim against him.
-An answer may be responded to by a reply
C. How Allegations Made (Rule 8)

1. In General (Rule 8, sec. 1)

Every pleading shall contain in a methodical and logical form, a plain, concise and direct
statement of the ultimate facts on which the party pleading relies for his claim or
defense, as the case may be, omitting the statement of mere evidentiary facts.

If a defense relied on is based on law, the pertinent provisions thereof and their
applicability to him shall be clearly and concisely stated.

- Two (2) Kinds of Facts:

(1) Ultimate Facts – the essential facts constituting the plaintiffs cause of action.

Test: A fact is essential if it cannot be stricken out without leaving the statement of the cause of
action insufficient.

(2) Evidentiary Facts – are those facts which are necessary for determination of the ultimate facts.

- Mathay v. Consolidated Bank, 58 SCRA

Held: Bare allegations that one is entitled to something is an allegation of a conclusion. Such kind of
allegation adds nothing to the complaint it being necessary to plead specifically the facts upon w/c such
conclusion is founded.

2. Capacity (Rule 8, sec. 4)

Facts showing the capacity of a party to sue or be sued or the authority of a party to sue or be
sued in a representative capacity or the legal existence of an organized association of persons
that is made a party, must be averred. A party desiring to raise an issue as to the legal
existence of any party or the capacity of any party to sue or be sued in a representative
 capacity, shall do so by specific denial, which shall include such supporting particulars as are
peculiarly within the pleader’s knowledge.

3. Alternative Claims and Defenses (Rule 8, sec. 2)

A party may set forth two or more statements of a claim or defense alternatively or
hypothetically, either in one cause of action or defense or in separate causes of action or
defenses. When two or more statements are made in the alternative and one of them if made
independently would be sufficient, the pleading is not made insufficient by the insufficiency of
one or more of the alternative statements.
4. Conditions Precedent (Rule 8, sec. 3)
In any pleading, a general averment of the performance or occurrence of all conditions precedent
shall be sufficient.
5. Fraud and Mistake, Condition of Mind (Rule 8, sec. 5)
In all averments of fraud or mistake, the circumstances constituting the fraud or mistake must be
stated with particularity. Malice, intent, knowledge or other condition of the mind of a person may
be averred generally.
6. Judgments (Rule 8, sec. 6)
In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial
tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting
forth the matter showing jurisdiction to render it.
7. Official Documents (Rule 8, sec. 9)
In pleading an official document or official act, it is sufficient to aver that the document was issued
or the act done in compliance with law.

8. Actions Based upon a document (Rule 8, sec. 7)

Whenever an action or defense is based upon a written instrument or document, the substance of
such instrument or document shall be set forth in the pleading and the original or a copy thereof
shall be attached to the pleading as an exhibit, which shall be deemed to be a part of the pleading,
or said copy may with like effect be set forth in the pleading.

D. Complaint
1. Definition and In General (Rule 6, sec. 3)
The complaint is the pleading alleging the plaintiff’s cause or causes of action. The names and
residences of the plaintiff and defendant must be stated in the complaint.
- Tantuico v. Republic, 204 SCRA 428 (’91)
Facts: A case was filed by the PCGG vs. the Marcoses & Tantuico, the latter on the theory that he
collaborated & aided the Marcoses in concealing the ill-gotten wealth. Tantuico filed a motion for a
bill of particulars. The SolGen opposed the motion saying that the matters sought by Tantuico are
evidentiary in nature & that the complaint was sufficient as it contains the essential elements of a
cause of action.
Held: A complaint is defined as a concise statement of the ultimate facts constituting the plaintiff’s
cause or causes of action. Its office or purpose is to inform the defendant clearly & definitely
 of the claims made vs. him so that he may be prepared to meet the issues at trial. The
complaint should inform the defendant all the material facts on w/c the plaintiffs rely to support his
demand The complaint should inform the defendant of all the material facts on w/c the plaintiff relies
to support his demand; it should state the theory of a cause of action w/c forms the bases of the
plaintiffs claim of liability.
- Three (3) Essential Elements of a cause of action (R.O.V.):
(1) The Legal Right of the Plaintiff;
(2) The correlative Obligation of the defendant; and
(3) The act or omission of the defendant in Violation of said legal right.

- If the Cause of Action is insufficient, the complaint must succumb to a motion to dismiss.

- If the allegations of the complaint are vague, indefinite, or in the form of conclusions, the
proper recourse would be a motion for a bill of particulars.
E. Answer
1. Defined and in general (Rule 6, sec. 4)
An answer is a pleading in which a defending party sets forth his defenses
2. Types of Defenses (Rule 6, sec. 5)
(1) Negative
(2) Affirmative
a. Negative (Rule 6, Sec. 5(a))
A negative defense is the specific denial of the material fact or facts alleged in the pleading
of the claimant essential to his cause or causes of action.

b. Affirmative (Rule 6, Sec. 5(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. 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 Include:

(1) Fraud

(2) Statute of Limitations

(3) Release

(4) Payment

(5) Illegality
 (6) Statute of Frauds

(7) Estoppel

(8) Former Recovery

(9) Discharge in Bankruptcy

(10) Any other matter by way of confession and avoidance

3. Capacity of Parties (Rule 8, sec. 4)

Facts showing the capacity of a party to sue or be sued or the authority of a party to sue or be sued
in a representative capacity or the legal existence of an organized association of persons that is
made a party, must be averred. A party desiring to raise an issue as to the legal existence of any
party or the capacity of any party to sue or be sued in a representative capacity, shall do so by
specific denial, which shall include such supporting particulars as are peculiarly within the pleader’s
knowledge.
4. Genuineness of document (Rule 8, sec. 8)
When an action or defense is founded upon a written instrument, copied in or attached to the
corresponding pleading as provided in the preceding section, the genuineness and due execution
of the instrument shall be deemed unless the adverse party, under oath specifically denies them,
and sets forth what he claims to be the facts; but the requirement of an oath does not apply when
the adverse party does not appear to be party to the instrument or when compliance with an order
for an inspection of the original instrument is refused.
- Donato v. CA
Controversy over a parcel of land allegedly sold to defendants by Rarang by virtue of
special power of attorney executed the by the mother (deceased) of plaintiffs. Trial court
held in favor of plaintiffs on the ground that defendants failed to present evidence to prove
genuineness of the power of attorney. CA Affirmed.
Supreme Court held that while Rule 8, Sec. 8 provides for rule on implied admission of the
genuineness and due execution of a document subject of an action/defense, one exception
is when the adverse party does not appear to be a party to the instrument. In this case,
their plaintiffs were mere witnesses to the power of attorney in question. Besides, the
document should not be afforded presumption of genuineness and due execution in view of
the discrepancies in its execution.
5. Periods to Plead (Rule 11, secs. 1,2, &3)

a. (Rule 11, Sec. 1)

The defendant shall file his answer to the complaint within 15 days after service of
summons, unless a different period is fixed by the court.

b. (Rule 11, Sec. 2)

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 30 days after receipt of summons by such entity.
 c. (Rule 11, Sec. 3)

Where the plaintiff files an amended complaint as a matter of right, the defendant shall
answer the same within 15 days after being served with a copy thereof.

Where its filing is not a matter of right, the defendant shall answer the amended
complaint within 10 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.

This Rule shall apply to the answer to an amended counterclaim, amended cross-claim,
amended third (fourth, etc) party complaint, and amended complaint-in-intervention.

6. Waiver of defenses (Rule 9, sec. 2)

A compulsory counterclaim, or a cross-claim, not set up shall be barred.

- Director of Lands v. CA, 106 SCRA 426 (’81)

Facts: Resp. filed an application for confirmation of imperfect title. The Dir. of Lands opposed.
The trial ct. ruled in favor of resp. On appeal, the Dir. raised the argument that the award to resp. is
erroneous on ground of res judicata. The lots were already declared public lots in a cadastral
proceeding, it cannot be awarded to the private resp.
Held: The failure of the Dir. to raise in the proceedings before the trial ct. to interpose his objection
nor set up the defense of res judicata constitutes procedural infirmity w/c cannot be cured on
appeal. All defenses not interposed in a motion to dismiss or in an answer are deemed waived. It
cannot be pleaded for the first time or on appeal.

F. Counter-claims
1. Definition (Rule 6, sec. 6)
A counterclaim is any claim which a defending party may have against an opposing party. It is in
itself a claim or cause of action interposed in an answer. It is either compulsory or permissive.
2. Types of Counterclaim (CP)
(1) Compulsory
(2) Permissive

3. Compulsory Counter-claim (Rule 6, sec. 7)

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 the amount and the nature thereof, except that in an original action before the
RTC, the counterclaim may be considered compulsory regardless of the amount.
- It is compulsory where:

(1) It arises out of, or is necessarily connected with the transaction or occurrence that is the best
subject matter of the opposing party’s claim;

(2) It does not require jurisdiction; and

(3) The Trial Court has jurisdiction to entertain the claim.
- The tests to determine whether or not a counterclaim is compulsory are:
(1) Are the issues of fact or law raised by the claim counterclaim largely the same?

(2) Would res judicata bar a subsequent suit on defendant’s claims absent the compulsory
counterclaim rule?

(3) Will substantially the same evidence support or refute plaintiff’s claim as well as the defendant’s
counterclaim? And

(4) Is there any logical relation between the claim and the counterclaim? (Financial Building Corp.
vs. Forbes Park Assn. Inc., 338 SCRA 811).
4. Permissive Counter-claim
Permissive counterclaim is a counterclaim which does not arise out of nor is it necessarily
connected with the subject matter of the opposing party’s claim. It is not barred even if not set up in
the action.
- Requirements:
(1) It does not require for its adjudication the presence of third parties of whom the court cannot
acquire jurisdiction;

(2) It must be within the jurisdiction of the court wherein the case is pending and is cognizable
by the regular courts of justice; and

(3) It does not arise out of the same transaction or series of transactions subject of the
complaint.
5. Effects on the Counterclaim when the complaint is dismissed
If a counterclaim has already been pleaded by the defendant prior to the service upon him of the
plaintiff’s motion to dismiss, and the court grants the said motion to dismiss, the dismissal shall be
limited to the complaint (Sec. 2, Rule 17). The dismissal upon motion of plaintiff shall be without
prejudice to the right of the defendant to prosecute the counterclaim. The defendant if he so desires
may prosecute his counterclaim either in a separate action or in the same action. Should he choose
to have his counterclaim resolved in the same action, he must notify the court of his preference
within 15 days from notice of the plaintiff’s motion to dismiss. Should he opt to prosecute his
counterclaim in a separate action, the court should render the corresponding order granting and
reserving his right to prosecute his claim in a separate complaint. A class suit shall not be
dismissed or compromised without the approval of the court.

The dismissal of the complaint under Sec. 3 (due to fault of plaintiff) is without prejudice to the right
of the defendant to prosecute his counterclaim in the same action or in a separate action. This
dismissal shall have the effect of an adjudication upon the merits, unless otherwise declared by the
court. The dismissal of the main action does not carry with it the dismissal of the counterclaim (Sec.
6, Rule 16).
G. Cross-Claims
1. Definition (Rule 6, sec. 8)

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 include a claim that the party against whom it is asserted is or may be liable to the
cross-claimant for all of part of a claim asserted in the action against the cross-claimant.

H. Third (fourth, etc.) party Complaints

1. Definition
It 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 opponent’s claim.
J. Complaint-in-intervention
1. Definition
Complaint-in-intervention is a pleading whereby a third party asserts a claim against either or all of
the original parties. If the pleading seeks to unite with the defending party in resisting a claim
against the latter, he shall file an answer-in-intervention.

If at any time before judgment, a person not a party to the action believes that he has a legal
interest in the matter in litigation in a case in which he is not a party, he may, with leave of court, file
a complaint-in-intervention in the action if he asserts a claim against one or all of the parties.

K. Reply

1. Definition (Rule 6, sec. 10)

Reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance
of new matters alleged by way of defense in the answer and thereby join or make issue as to such
matters. It a party does not file such reply, all the new matters alleged in the answer are deemed
controverted.
L. Parts of a Pleading (Rule 7)
1. Parts of a Pleading: (CBSVF)
(1) The Caption (Rule 7, sec.1),
(2) The Text or Body (Rule 7, Sec. 2),
(3) The signature and address (Rule 7, Sec 3),
(4) The Verification (Rule 7, sec. 4), and
(5) The Certification against forum shopping
2. Caption
a. Contents
The caption must set forth the (1) name of the court, the (2) title of the action, and the (3)
docket number if assigned. The title of the action indicates the names of the parties. They
shall all be named in the original complaint or petition; but in subsequent pleadings, it shall
be sufficient if the name of the first party on each side be stated with an appropriate
 indication when there are other parties. Their respective participation in the case shall be
indicated.
3. Signature and Address
a. Requirements
Every pleading must be signed by the party or counsel representing him, stating in either
case his address which should not be a post office box.
b. Signature of Counsel
The signature of counsel constitutes a certificate by him that (1) he has read the pleading;
that to the best of his knowledge, information, and belief (2) there is good ground to
support it; and that it is (3) not interposed for delay.
c. Effect of an unsigned pleading
An unsigned pleading produces no legal effect. However, the court may, in its discretion,
allow such deficiency to be remedied if it shall appear that the same was due to mere
inadvertence and not intended for delay. Counsel who deliberately files an unsigned
pleading, or signs a pleading in violation of the Rule, or alleges scandalous or indecent
matter therein, or fails to promptly report to the court a change of his address, shall be
subject to appropriate disciplinary action.
d. Other Requirements
In every pleading, counsel has to indicate his (1) professional tax receipt (PTR) and (2)
IBP receipt, the purpose of which is to see to it that he pays his tax and membership due
regularly.
4. Verification
a. Definition
A verification of a pleading is an affirmation under oath by the party making the
pleading that he is prepared to establish the truthfulness of the facts which he has pleaded
based on his own personal knowledge.
b. General Rule
The general rule under, Sec. 4. Rule 7 is that, pleading need not be under oath. This
means that a pleading need not be verified. A pleading will be verified only when a
verification is required by a law or by a rule.
c. How is a pleading verified
A pleading is verified by an affidavit, which declares that:
(a) the affiant has read the pleading, and
(b) the allegations therein are true and correct to his personal knowledge or based
on authentic records.
d. Importance
The verification requirement is significant, as it is intended to secure an assurance that
the allegations in a pleading are true and correct and not the product of the
imagination or a matter of speculation, and that the pleading is filed in good faith.
 The absence of proper verification is cause to treat the pleading as unsigned and
dismissable.
- Sarmeinto vs. Zaratan, GR 167471, Feb. 5, 2007
It is, however, been held that the absence of a verification or the non-compliance with the
verification requirement does not necessarily render the pleading defective. It is only a
formal and not a jurisdictional requirement. The requirement is a condition affecting only
the form of the pleading
- Pampanga Development Sugar Co. vs. NLRC, 272 SCRA 737
The absence of a verification may be corrected by requiring an oath. The rule is in
keeping with the principle that rules of procedure are established to secure substantial
justice and that technical requirements may be dispensed with in meritorious cases.
5. Certification against forum-shopping
a. Definition
The certification against forum shopping is a sworn statement certifying to the following
matters:
(1)That the party has not commenced or filed any claim involving the same issues in any
court, tribunal, or quasi-judicial agency and, to the best of his knowledge, no such other
action or claim is pending;

(2)That if there is such other pending action or claim, a complete statement of the present
status thereof; and

(3)That if he should therefore learn that the same or similar action or claim has been filed or
is pending, he shall report that fact within five (5) days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed.
b. Mandatory
- Robert Development Corp. vs. Quitain, 315 SCRA 150
The certification is mandatory under Sec. 5, Rule 7, but not jurisdictional.
c. Forum-shopping
- Huibonhoa vs. Concepcion, GR 153785, Aug. 3, 2006
There is forum shopping when, as a result of an adverse opinion in one forum, a party seeks
a favorable opinion, other than by appeal or certiorari in another. There can also be forum
shopping when a party institutes two or more suits in different courts, either simultaneously
or successively, in order to ask the courts to rule on the same or related causes and/or to
grant the same or substantially the same reliefs on the supposition that one or the other
court would make a favorable disposition or increase a party’s chances of obtaining a
favorable decision or action.
- Montes vs. CA, GR 143797, May 4, 2006
It is an act of malpractice, as the litigants trifle with the courts and abuse their processes. It
is improper conduct and degrades the administration of justice. If the act of the party or its
counsel clearly constitutes willful and deliberate forum-shopping, the same shall constitute
direct contempt, and a cause for administrative sanctions, as well as a ground for the
summary dismissal of the case with prejudice
 Forum shopping exists when the elements of litis pendentia are present or where a final
judgment in one case will amount to res judicata in another.
d. Who Executes the certification
- Far Eastern Shipping Co. vs. CA, 297 SCRA 30
It is the plaintiff or principal party who executes the certification under oath, and not the
attorney. It must be signed by the party himself and cannot be signed by his counsels. As a
general and prevailing rule, a certification signed by counsel is a defective certification and
is a valid cause for dismissal.
This certification is not necessary when what is filed is a mere motion for extension, or in
criminal cases and distinct causes of action.
6. Requirements of a Corporation executing the certification/verification on non-forum
shopping
- National Steel Corp. vs. CA, 388 SCRA 85)
A juridical entity, unlike a natural person, can only perform physical acts through properly delegated
individuals. The certification against forum shopping where the plaintiff or a principal party is a
juridical entity like a corporation may be executed by properly authorized persons. This person
may be the lawyer of a corporation. As long as he is duly authorized by the corporation and has
personal knowledge of the facts required to be disclosed in the certification against forum shopping,
the certification may be signed by the authorized lawyer.
7. Effect of the signature of counsel in a pleading
- Far Eastern Shipping Company vs. CA, 297 SCRA 30
A certification signed by a counsel is a defective certification and is a valid cause for dismissal.
- Go vs. Rico, GR 140682, April 25, 2006
This is the general and prevailing rule. A certification by counsel and not by the principal
party himself is no certification at all. The reason for requiring that it must be signed by the
principal party himself is that he has actual knowledge, or knows better than anyone else, whether
he has initiated similar action/s in other courts, agencies or tribunals. Their lawyer’s explanation that
they were out of town at the time their petition was filed with the CA is bereft of basis. That
explanation is an afterthought as it was not alleged by counsel in her certification against forum
shopping.
M. Effect of Failure to Plead (Rule 9)
1. Failure to plead defenses and objections
Defenses or objections not pleaded in either in a motion to dismiss or in the answer, they are
deemed waived.
- Exceptions:
(1) When it appears from the pleading or the pieces of evidence on record that the court has
no jurisdiction over the subject matter;

(2) That there is another action pending between the same parties for the same cause;

(3) That the action is barred by the statute of limitations (same as Sec. 8, Rule 117);
 (4) Res judicata. In all these cases, the court shall dismiss the claim (Sec. 1, Rule 9).
2. Failure to plead a compulsory counterclaim and cross-claim (Sec. 2, Rule 9).
- A compulsory counterclaim or a cross-claim not set up shall be barred.
3. Default
a. Definition
Default is a procedural concept that occurs when the defending party fails to file his answer
within the reglementary period. It does not occur from the failure of the defendant to attend
either the pre-trial or the trial.
b. When a declaration of default is proper (Rule 9, sec. 3)
If the defending party fails to answer within the time allowed therefor, the court shall, upon
motion of the claiming party with notice to the defending party, and proof of such failure,
declare the defending party in default.
c. Effect of an order of default (Rule 9, sec. 3[a])
A party in default shall be entitled to notice of subsequent proceedings but not to take part in
the trial.
d. Relief from an order of default (Rule 9, sec. 3[b])
- Remedy after notice of order and before judgment:
i. Motion to set aside order of default, showing that (a) the failure to answer was due
to fraud, accident, mistake, or excusable negligence, and (b) the defendant has a
meritorious defense—there must be an affidavit of merit.
- Remedy after judgment but before finality:
i. Motion for new trial under Rule 37; or
ii. Appeal from the judgment as being contrary to the evidence or the law;
- Remedy after judgment becomes final and executor:
i. Petition for relief from judgment under Rule 38;
ii. Action for nullity of judgment under Rule 47.
- Matute vs. CS, 26 SCRA 798; Akut vs. CA, 116 SCRA 216)
If the order of default is valid, Certiorari is not available. If the default order was
improvidently issued, that is, the defendant was declared in default, without a motion, or
without having served with summons before the expiration of the reglementary period to
answer, Certiorari is available as a remedy.
e. Effect of a partial default (Rule 9, sec. 3[c])
When a pleading asserting a claim states a common cause of action against several
defending parties, some of whom answer and the others fail to do so, the court shall try the
case against all upon the answers thus filed and render judgment upon the evidence
presented.
f. Extent of Relief
 - Gajudo vs. Traders Royal Bank, GR 151098, March 31, 2006
A judgment rendered against a party in default may not exceed the amount or be different
from that prayed for nor include unliquidated damages which are not awarded (Sec. 3[c],
Rule 9). In fact, there can be no automatic grant of relief as the court has to weigh the
evidence. Furthermore, there can be no award of unliquidated damages.
g. Actions where default are not allowed:
(1) Annulment of Marriage;
(2) Declaration of Nullity of Marriage; and
(3) Legal Separation
- Sec. 3[e], Rule 9
The court shall order the prosecuting attorney to investigate whether or not a collusion between the
parties exists, and if there is no collusion, to intervene for the State in order to see to it that the
evidence submitted is not fabricated.
N. Kinds of Motions
1. Motion for bill of Particulars (Rule 12)
A request by a party for a clearer and more specific statement of allegations made by the opposing
party, to enable him to prepare his responsive pleading or to prepare for trial. It must point out
defects complained of and the details desired.
2. Motion to Dismiss (Rule 16)
A move by the defendant to dismiss the suit against him based on grounds like the lack of
jurisdiction, no cause of action, etc.
- Grounds (Rule 16, sec.1)
(a) That the court has no jurisdiction over the person of the defending party;
(b) That the court has no jurisdiction over the subject matter of the claim;
(c) That venue is improperly laid;
(d) That the plaintiff has no legal capacity to sue;
(e) That there is another action pending between the same parties for the same cause;
(f) That the cause of action is barred by a prior judgment or by the statute of limitations;
(g) That the pleading asserting the claim states no cause of action;
(h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived,
abandoned, or otherwise extinguished;
(i) That the claim on which the action is founded is enforceable under the provisions of the
statute of frauds; and
(j) That a condition precedent for filing the claim has not been complied with.
3. Motion for intervention (Rule 19)
Made by a person who has a legal interest:
(a) in the matter in litigation;
(b) in the success of either party
 (c) an interest against both; or
(d) who will be adversely affected by distribution or disposition of property in the custody of
the court or an officer thereof.
- Pleadings-in-intervention (Rule 12, sec 2[c]a)
The intervenor shall file a complaint-in-intervention if he asserts a claim against either or all of the
original parties, or an answer-in-intervention if he unites with the defending party in resisting a claim
against the latter.
4. Motion for judgment on the pleadings
Made by the plaintiff for the court to render a decision based solely on the pleadings because the
defendant’s answer does not deny the allegations in the complaint, except damages (this is not
allowed for legal separation or annulment cases).
5. Motion for summary judgment
Made by any party for the court to render a decision based on the pleadings (complaint, answer,
etc), affidavits, stipulations, and admissions, in cases like recovery of debts, etc.
O. Omibus Motion Rule
1. Omnibus Motion (Rule 9, Sec.8)
Subject to the provisions of section 1 of Rule 9, a motion attacking a pleading, order, judgment, or
proceeding shall include all objections then available, and all objections not so included shall be
deemed waived.