RULE 6: Kinds of Pleadings

Pleading - Pleadings

In reference to the second kind of pleading, upon filing of the complaint there are
remedies which are available to the defendants named therein. It’s either he can file a
motion to dismiss within 15 days or he can file his answer. In the answer, he can use
any one of the grounds for a motion to dismiss as a special and affirmative defense.
There is an agreement between the SC and the IBP that lawyers must exercise restraint
in filing a motion to dismiss. It’s not actually prohibited pero a lawyer must exercise
restraint in filing a motion to dismiss within 15 days from receipt of the summons. What
should be done by the lawyer instead is file his answer to the complaint then if he feels
that there are grounds for a motion to dismiss, he should raise these grounds as a
special and affirmative defense in the answer. In actual application of the rule, if your
answer raises special and affirmative defenses, what you do is you file a motion to the
court to hear these special and affirmative defenses and that would definitely be granted
by the court because it is settled that once the answer raises special and affirmative
defenses, it is as if the defendant was able to file a timely motion to dismiss.

In the answer, what should the defendant do in his answer in reference to the
allegations in the complaint? There are two ways.

1) Specific denial

2) Raise an affirmative defense

The affirmative defenses are all enumerated in one of the sections pero those are not
exclusive because there are other affirmative defenses which can be raised in the
answer apart from those which are enumerated in one of the sections of Rule 6.

In reference to a specific denial which is required by an answer, how do you do this?

What about if you only said “defendants specifically deny paragraphs 2, 3, and 4 of the
complaint”; would that constitute a denial as contemplated by the provision of the rules?
Because when you make a denial you make that in reference to the paragraphs in the
allegations in the complaint.
NO. That would constitute a general denial, and if that is a general denial, it is actually
considered an admission. Simply because you use the words “specifically deny” does
not mean that you are already specifically denying. You must state the reason why you
specifically deny the allegations in the complaint. Otherwise, if your denial does not
contain the reason why you deny the allegations, it is actually a general denial which is
not in accord with the provisions of the rules and being a general denial, it is actually
considered an admission.

Exceptions to the rule that failure to specifically deny the allegations in the complaint is
tantamount to an admission:

1) Amount of unliquidated damages

2) Conclusions of a pleading

3) Nonmaterial allegations

Here is the denial: paragraph 2 of plaintiff’s complaint is denied because it is not true
that defendant entered into a contract with the plaintiff on such date. The denial merely
repeated or reiterated the allegations in the complaint. Is that a specific denial?

NO. That is what we call a “negative pregnant”. A negative pregnant is a denial which
merely reiterates or repeats the allegations in the complaint. A negative pregnant is not
actually a denial but rather it is an admission in contemplation of the rules.

The negative pregnant rule is a rule where the defendant in his answer merely reiterates
or repeats the allegations in the complaint by way of denial. That is not as good denial
because that is actually tantamount to an admission.

What about if the denial would say “defendants deny paragraphs 2, 3, and 4 of the
complaint, having no knowledge or information sufficient to form a belief as to the truth
or falsity of the allegations contained therein”; is it a good denial?

YES. That is a good denial in contemplation of the rule.

In the answer, aside from raising special and affirmative defenses, the defendant can
also raise a counterclaim. A counterclaim therefore is a claim by the defendant against
the plaintiff. A complaint may be answered with special and affirmative defenses and
with counterclaim, altogether in one answer. A counterclaim is classified into two:

1) Compulsory counterclaim or recoupment

2) Permissive counterclaim or set-off

Where lies the difference between the two?

Compulsory counterclaim arises out of the same transaction which gave rise to the
complaint and does not require the presence of third persons over whom the court
cannot acquire jurisdiction. The opposite is a permissive counterclaim.

A compulsory counterclaim, if not raised in the answer is deemed waived while a

permissive counterclaim, even if it is not raised in the answer, is not considered waived.
That is why, if you have a compulsory counterclaim, see to it that that must be stated in
your answer, because if you don’t allege a compulsory counterclaim in your answer,
then that is deemed waived. While a permissive counterclaim may or may not be
alleged, because anyway, if you did not allege a permissive counterclaim in your
answer, you can file an independent action.

What is a common compulsory counterclaim?

Mga attorney’s fees, moral damages, actual damages, exemplary damages, etc. These
are dependent on the complaint itself. Precisely, if you will not raise that as a
compulsory counterclaim in your answer, it will be considered as waived.

A counterclaim, be it compulsory or permissive, must be answered by the plaintiff. What

is the effect if a compulsory counterclaim is not answered by the plaintiff? Is it
mandatory for a plaintiff to answer a compulsory counterclaim?

NO. A compulsory counterclaim need not be answered because it is inseparable from

the allegations in the complaint. Although as a rule, when there is a counterclaim raised
by the defendant in his answer, particularly if it is a permissive counterclaim, see to it
that you file an answer to the permissive counterclaim, because if you do not file an
answer to a permissive counterclaim then it is deemed admitted. But such answer is not
required if it is a compulsory counterclaim. The answer must be filed within 10 days
from receipt of the pleading being responded to. You count the 10-day period from
receipt of the answer of the defendant. A permissive counterclaim is tantamount to a
motion to dismiss. That is why you have to answer because it is detrimental to the
plaintiff if you do not file an answer to a permissive counterclaim.

Upon receipt of the answer of the defendant, what is supposed to be done by the
plaintiff?

A reply. But the filing of a reply is optional because anyway, even if a reply is not filed,
upon the filing of the answer, the issues of the case are already deemed join. But there
are two cases where a reply is mandatory. What are these?

1) If there is an allegation of usury

- If there is no reply, it is deemed admitted. So you cannot question na the fact

that the interest in the promissory note is usurious. The court has the power to nullify
interest agreed upon by the parties if the court finds out that the interest is
unconscionable.

2) If what is invoked is an actionable document

- A perfect example of an actionable document is a promissory note or any

contract entered into between the parties which served as a basis for the filing of the
complaint by the plaintiff on an alleged violation of the conditions of the contract by the
defendant. These are actionable documents wherein the plaintiff must submit a reply
under oath together with the usurious interest otherwise, if no reply under oath is filed, it
is tantamount to an admission as to the due execution and genuineness of that
particular actionable document. Meaning, the due execution and authenticity of that
actionable document is deemed admitted. Therefore, you can no longer raise as a
defense that the document is forged, that you were only compelled to sign because of
force or intimidation, that there was already fraud, etc. You are already barred from
raising certain defenses because you failed to file a reply.

What is a cross claim?

A cross claim is a claim by one party against a co-party to a case. It must also be
answered within 10 days from receipt of the pleading being responded to.

What about a third party complaint?

A third party complaint is where a defendant files a complaint against a person who is
not yet a party to the case. Kasi it might be that the plaintiff chose not to include one
person as a defendant when at the end of the day the liability is supposed to be on that
person. So what should be done then by the defendants here is to file a third party
complaint. But the third party complaint would always require a leave of court. Meaning,
you file a motion to allow the filing of a third party complaint and there is always a
required order from the court granting it. And so on and so forth. That person can also
file another fourth party complaint, fifth party complaint, and so on and so forth. This
would always require leave of court. When you file a motion to allow the filing of a third
party complaint, see to it that the third party complaint is already attached to the records
of the case.

Parts of a Pleading

There is the caption, the body, the prayer or relief, and it must be dated.

Is a pleading required to be verified?

Actually no. But when you become lawyers, verify all pleadings, particularly a complaint.
The pleading may not be verified unless it will fall on those specifically required by the
rules for verification.

How do you verify? Tell me if this is correct: “I, Juan De La Cruz, of legal age, married,
and a resident of etc. etc., that I am the plaintiff in the above entitled case, that I caused
the preparation of the foregoing complaint and that I have read the allegations
contained therein and the same are true and correct based on any information and
belief.” Is this correct?

NO. Dapat when you verify, you must say that I have read and understood the same
and that the allegations contained therein are true and correct based on my own
personal knowledge and based on authentic records. Kasi in a verification which says
information and belief, it is not a verification as required by the rules.

Furthermore, the pleading must be signed by the counsel. Because if a pleading is not
signed by the counsel, it produces no effect whatsoever, as if it is not filed. It should not
even be accepted by the court.

Bar Matter No. 1944 – MCLE No. must also be alleged in the pleading. If there is no
MCLE No., it can be a ground for the dismissal of the case. But not anymore. It has
been amended by the SC recently. If the complaint is dismissed, it would be unfair on
the part of the client. Why would a client be held liable for the lawyer’s noncompliance
with the MCLE? As of now, the complaint is not dismissed but it will subject the lawyer
to certain administrative sanctions like disbarment and suspension.

In the complaint, you must also include the roll (not sure if this is the right word, diri
nababati-an hin maupay) number of the SC, tapos your PTR and IBP official receipt
number.

So those are called parts of a pleading which you have to submit to the court.
Noncompliance of which would warrant a dismissal of the complaint.

Tapos when you notarize, don’t use a community tax certificate, otherwise known as
residence certificate, because it is not considered now as a proof of identity. It should be
government issued ID.

Aside from verification, a complaint must also contain a certification of non-forum

shopping; otherwise it can be a ground for dismissal. But the certification of non-forum
shopping applies only to INITIATORY PLEADING. This would definitely always involve
complaints. Meaning, the first pleading that one would file to the court must always
contain a certification of non-forum shopping. As of now, if the initiatory pleading does
not contain a certification of non-forum shopping, then incontestably that pleading may
warrant a dismissal.

What is a certification of non-forum shopping?

At the time of the filing of that case, there is no other pending case involving the same
cause of action. If you learn upon filing that another one is filed, you must also inform
the court about this. Otherwise, aside from the fact that the case will be dismissed, the
lawyer can also be subject to certain administrative sanctions.