 Rule 1: General Provisions

o Section 1: These rules hall be known and cited as the rules of court
 Limitations of SC rule making powers
 Should result in simple and inexpensive procedures for the speedy
disposition of cases
 Must be uniform for all courts of the same grade
 Wont diminish, increase or modify substantive rights
 Meaning that the SC can make a rule not apply if it is for the sake of just and
speedy disposition
o Section 2: In what courts applicable. These rules apply in all courts except as otherwise
provided by the SC
 Like when the summary rule on procedure say that it doesn’t apply to MTC's,
when the rules themselves say that it shouldn’t apply
o Section 3: Cases Governed. Civil, Criminal, and Special Proceedings
 It mentions criminal cases because Rule 1 is for general provisions for the
ENTIRE rules of court
 Action, is the legal and formal demand of one's right from another person
insisted upon a court
 Claim, is a right possessed by one against another. Converted into an action
when filed in court
 Action and suits are synonymous
 Civil action, when a party sues another to PROTECT a right or redress a wrong.
To compensate
 As to nature
 Ordinary Civil Actions
 2 definite particular parties (plaintiff and defendant)
 Protect or enforce a right
 15 days to appeal from notice
 Special Civil Actions, governed by rules 62-71
 Interpleader, Declaratory relief, Certiorari, Prohibition,
Mandamus, Quo Warranto, Expropriation, Foreclosure, Partition,
Forcible entry, Unlawful detainer, and Contempt
 Special because there are specific rules that apply only
to them. Ordinary civil actions still apply to them but in conflicts
apply the special rules
 1 particular plaintiff with a proceeding against the
whole world
 Establish a right
 30 days to appeal from notice, also requires the filing of
a record when doing so
 As to cause
 Real actions
 Where the issue or subject involved is the title,
ownership, possession or interest over a real property
 To be real it is not enough that it deals with real
property, the issue must be one of those presented above
 Publiciana, forcible entry, unlawful detainer,
foreclosure, partition
  Personal actions
 Founded on privity of contract, recovery of personal
property, recovery of damages
 Mixed actions
 Important to know so we know the venue of the action
 Real actions are local, meaning they have to be tried in
the place where the real property is involved
 Personal actions are transitory, meaning its venue
depends on the residence of the plaintiff or defendant (at the
option of the plaintiff)
 As to place of filing
 Local actions
 Can only be instituted at a particular place
 Transitory actions
 Those which follow the party wherever they reside
 As to object
 In Personam
 A claim against some PARTICULAR persons or party and
to bind or bar them
 In Rem
 To bar indifferently ALL who might be minded to make
an objection
 Quasi In Rem
 In Personam because it is directed at a particular
individual and to subject his property the lien burdening it
 Foreclosure for example is directed only at a party but
when it is foreclosed everyone has to respect it
 Important for the court to know so it will know whether
summons are needed or publication only to acquire
 Criminal action, When the STATE PROSECUTES a person for an act or omission
punishable by law. To punish
o Section 4: In what cases not applicable. Election, registration, cadastral, naturalization,
insolvency, and other cases not herein provided
 Meaning when election laws are silent you apply the rules of court
o Section 5: Commencement of a civil action. By the filing of original complaint in court
 Must be accompanied by the payment of the correct docket fee
 Important so we know when the prescriptive period is interrupted
 It is the date of mailing and not the date of receipt that is considered
 If an additional defendant is later impleaded, it only commences for him when
that pleading is filed
o Section 6: Rules shall be liberally construed in favor of just, speedy, and inexpensive
disposition of every proceeding
 We do not interpret the rules in a manner that prolongs a case
 And as much as possible be determined on the merits and not technicalities so
justice is advanced
 Rules that should be strictly construed because they were already intended to
minimize delay
 Reglementary periods
  Rule on forum shopping
 Service of summons
 When can lapses in literal observance of the rules be overlooked? Ethel v. Jugo
 Public policy not involved in the mistake
 Arose from honest mistake or unforeseen accident
 Mistake did not prejudice other party
 When the mistake did not deprive court if its authority
 
 
 Rule 2: Causes of Action
o Section 1: Every ordinary civil action must be based on a cause of action
 There can be no case if there is no cause of action
o Section 2: A cause of action is the act or omission by which a party violate the right of
another
 Elements of a cause of action
 Existence of a legal right in favor of plaintiff
 Obligation of the defendant to respect and not violate that right
 Act or omission by the defendant that violates that right
 Damage suffered by plaintiff
 In administrative cases it is not whether the complainant has a cause of action
that is essential but whether respondent breached the norms and standards of the
office
 Negligence need not be proved in breach of contract
 The cause of action must be STATED
 Cause of action is basis for the action filed
 Right of action is the right of the plaintiff to bring an action
 Must have a good cause of action
 Instituted by the proper party
 Performed all conditions precedent to file an action
 A right of action prescribes, a cause of action does not
 Relief is the award or coercive measure which the plaintiff prays the court as
consequence of the delict committed by defendant
 Remedy is the means to obtain a relief
 Subject matter is the thing directly involved in the action concerning which the
wrong has been done
o Section 3: Only one suit for the same cause of action
 Also called the rule against the splitting of the cause of action
 Even if multiple rights are violated, if there is only one act of violation then only
one suit BUT distinct rights belong to different persons (Car passenger example)
 Applies not just to complaints but also to counterclaims and cross-claims
 Purpose
 To avoid multiplicity of suits
 Conflicting decisions
 Unnecessary vexation and harassment of defendants
o Section 4: If there are 2 or more suits for the same cause of action then the filing of one
OR a judgment on the merits in any, is a ground for dismissal for the other
 The remedy for defendant is motion to dismiss
  Litis Pendentia motion to dismiss if the ground was that an action is pending
between SAME parties for the same cause of action
 Res Judicata or barred by prior judgment as ground to dismiss if there is already
a judgment on the merits on any one the cases filed
 Singleness of the cause of action is determined by the singleness of the wrong
committed by the defendant and NOT the number of remedies
 Rule in determining the singleness of a cause of action
 General rule 1, a contract embraces only one cause of action because it
can only be violated once even if there are multiple stipulations. (Rice corn and
flour delivery example)
 Exception to general rule, If the contract provides several stipulations to
be performed at DIFFERENT times, then there are as many causes of actions as
there are violations. (Installment example)
 Exception to the exception, all obligations at TIME of the suit that have
matured must be integrated as once cause of action in one complaint, those not
included are barred (Installment with a late complaint)
 Another exception to rule 2, an unqualified and positive refusal to the
whole contract, even if performance is not yet due, will be treated as a
complete breach with only once cause of action. Doctrine of anticipatory breach
o Section 5: Joinder of causes of action. A party may in one pleading, assert as many
causes of action subject to several conditions
 Section 5 of rule 2 is merely permissive
 Alternative Joinder, cause of action is either one or the other and not for both,
can also file both as defendants but will still be only be able to claim from one (carrier
or arrastre example)
 Cumulative Joinder, seeking relief for all causes of action
 The conditions
 Party joining the causes will comply with the rules on joinder of parties
 Rule 3 section 6, that 2 or more persons can join as plaintiffs, or
to join defendants if there is a common question of fact or law (same
series of transactions for example)
 Considered a different transaction if the defense of one won't
apply to the defense of the other cause of action (operator and multiple
bus example)
 But can join causes of action even if not same series of
transaction if only 1 plaintiff and 1 defendant
 A joinder of causes of action does not necessarily result in a
joinder of parties
 Joinder shall not include special civil actions
 Because there will be confusion in the application of procedural
rules
 If same parties but different jurisdictions, it may be allowed in the RTC
provided at least one cause of action falls within its venue or jurisdiction
 Won't work if both cases fall in the MTC
 Important that it be against the same party
 Where ALL the causes of action are principally for the recovery of
money, aggregate amount shall be the test of jurisdiction
 Totality rule
 o Section 6: Misjoinder of causes of action. A mis-joined cause of action is not a ground for
dismissal, may be severed and proceeded separately
 Upon motion of a party or initiative of the court
 The same rules apply for misjoinder of parties in rule 3 section 11
 
 
 
 Rule 3: Parties to Civil Actions
o Section 1: Who may be parties. Natural entities, juridical entities, or entities authorized
by law may be parties in a civil action
 Plaintiff is the claiming party filing the complaint, may also apply to a defendant
filing a counterclaim
 Defendant is the defending party, plaintiff may become a defendant through a
counterclaim
 The 3 kinds of entities must have legal capacity to sue and be a real party in
interest (so 3 requirements)
 Juridical persons who can be parties, Art. 44 of the civil code
 State and its political subdivisions
 Corporations and institutions for public interest created by law
 Corporations and associations of private interest to which the law
grants juridical personality
 As for entities authorized by law, a good example would be section 15 of rule 3
where even if there is no incorporation the law allows them to be sued as such
 When a party not authorized to be one is impleaded
 As to plaintiff, a motion to dismiss may be filed because there is no legal
capacity to sue OR if not the real party in interest then dismiss for a failure to
state a cause of action
 As to defendant, dismiss for failure to state a cause of action because
there cannot be a cause of action against one who cannot be a party in a civil
case
o Section 2: Parties in Interest. One who stands to be benefitted or injured by the
judgment, AND unless otherwise provided by law or these rules action must be prosecuted
or defended in the name of the real party in interest
 One who stands to be benefitted or injured by the judgment
 There is a present substantial interest
 The owner of the right violated is the party in interest as plaintiff
 The person responsible for the violation is the party in interest as defendant
 Doctrine of relativity applies in contracts but there can be third party liability
like in insurance contracts
 Creditors can also show their detriment through the contract
 Even if given the power to represent plaintiff the case must state the original
plaintiff as the party in interest
 Corporations can be the proper author of a suit
 Derivative suits by stockholders
 Failure to include the NAME of the party is not fatal if the body still indicates the
defendant as a party to the action
  Locus standi is the right of appearance in a court of justice on a given question,
it is governed by the real party in interest rule in private suits, hence the former I
broader
o Section 3: Representatives as parties. When the action is allowed to be defended or
prosecuted by someone else the beneficiary shall be included in the title and deemed the
real party in interest
 When an agent acts in his own name for the benefit of an undisclosed client he
may sue and be sued EXCEPT when the contract involves things belonging to the
principal
 Who can be the representative?
 Trustee of an express trust
 Guardian
 Executor
 Administrator
 A party authorized by law or these rules
 To bind the estate you must sue the executor or administrator of it
o Section 4: Spouses as parties. Husband and wife shall be sued jointly except a provided
by law
 This is because of the property relationship of a husband and wife
 In case one spouse is not pleaded the remedy is merely to amend the complaint
and not dismiss it
 Exception to this rule
 There is a complete separation of property
 When alienating or mortgaging an exclusive property
 When a spouse abandons OR fails to comply with the obligations to the
family
o Section 5: A minor and alleged incompetent person may sue or be sued with the
assistance of parents or guardian
 If there is no guardian then the court can n assign a guardian ad litem
o Section 6: Permissive joinder of parties. Persons whom or against whom any right to
relief arising out of the same series of transactions may be joined as plaintiffs or defendants
except as otherwise provided in these rules
 2 or more persons may be joined together as plaintiff or defendant under 3
conditions
 Right to relief in favor of or against the parties joined arising from the
same series of transactions
 There is a question of law or fact common to the parties joined in the
action
 Joinder is not otherwise proscribed by the provision of the rules on
jurisdiction and venue
 Transactions with the same subject matter of the suit, evidence mut be the
same
 Law encourages the joinder of parties
 To promote convenience in trials
 To prevent multiplicity of suits
 To expedite termination of litigation
 To economize procedure and avoid the repetition of evidence relating
to facts common to the general demands
  In a joinder of parties there is a joinder of causes of action
o Section 7: Compulsory joinder of indispensable parties. Parties in interest whom no final
determination can be had of an action shall be joined as plaintiffs or defendants
 Although joinder is permissive, it becomes mandatory if what is concerned is an
indispensable party
 The absence of the indispensable party results in the dismissal of the case
because its absence renders all subsequent actions of the court null and void for want
of authority to act NOT ONLY to the absent parties but also for those present
 An outright dismissal is not the immediate remedy because a non or misjoinder
is not a ground for dismissal
 It is only when the order of the court to implead an Indispensable party goes
unheeded
o Section 8: Necessary party. One who is not indispensable but ought to be joined as a
party if complete relief, or settlement of the claim is to be accorded
 Different from an indispensable party, which must be joined under any and all
conditions otherwise there can be no determination, because a necessary party
should merely ought to be joined to adjudicate the whole controversy since the court
may still proceed without him but shall not prejudice his rights
 A surety is principally liable even if the debtor can pay, here the debtor is merely
a necessary party
 In a joint obligation, you are indispensable as far as your share is concerned but
necessary for the complete relief of the creditor
 In a solidary obligation, you are not indispensable but necessary otherwise your
co-debtor cannot be reimbursed
o Section 9: Non-joinder of NECESSARY parties to be pleaded. When a necessary party is
not included in the pleading, the pleader shall state the name of the necessary party and
why he is omitted and if the court finds it unmeritorious it may order hiss inclusion. Failure
to comply without justifiable cause is deemed a waiver to claim from the necessary party.
The non-inclusion shall not prevent the proceeding but will also not prejudice the necessary
party
o Section 10: Unwilling co-plaintiff
 If an unwilling co-plaintiff refuses the joinder (especially if indispensable) then
he may be joined as a defendant whether he likes it or not but with a reason stated in
the complaint as to why he is a co-defendant (brother sister example)
o Section 11: Misjoinder and nonjoinder of parties. Both are not ground for dismissal, it
may be severed and proceeded with separately
 Because at any stage of the case the court can order a misjoined party to not be
included
 Misjoined when 2 parties which should not be joined are joined
 Nonjoined if a party who should be joined isn't
 Failure to obey the order of the court to add or drop a party is grounds for
dismissal under Section 3 rule 17
 This is not an excuse to sue a party left and right, it must be premised on good
faith
 Must be raised at the earlies opportunity because objections to misjoinder
cannot be raised for the first time on appeal
o Section 12: Class suit. When the subject matter is one of common or general interest
that is so numerous that it is impractible to join all as parties. A number of them, which the
 court finds sufficiently numerous to protect the interest of all concerned, will act as
representative
 Any party in interest shall have the right to intervene to protect his individual
interest
 This is an exception to the general rule that all parties in interest should be
included
 Doctrine of virtual representation, some will sue to represent the rest
 Conditions for a valid class suit
 Subject matter is one of general interest to many
 So numerous it is impractible
 Parties before the court are sufficiently numerous to protect the rights
of all concerned
 The representatives sue or defend for the benefit of all
 There is no common interest in the death of other passengers
 When the issue is not so clear a class suit should not be allowed
 A class suit has one right or cause of action but such pertains to many
individuals
 A representative suit on the other hand there are different causes of action
pertaining to different people
 A derivative suit is only found in corporation law where the minority files a suit
in behalf of the entire corporation because of a failure of a board to act in protection
of the corporation. Here the cause of action belongs to the corporation NOT its
members, unlike a class suit
o Section 13: Alternative Defendants. When the plaintiff is unsure of whoof several
persons he is entitled to get relief from, he may join any or all as alternative defendants
even if the right to relief against one is different from the other
 Meaning that even if the 2 causes of action (aquilana or contractual) are
inconsistent with each other, it is still allowed
 Even plaintiffs can be alternative
o Section 14: Unknown identity of defendant. He may be sued as the unknown owner or
by such other designation as the case requires. But when the name is discovered the
pleading must be amended
 Defendant must be the defendant sued and not merely an additional defendant
 Service of summons for one who is unknown can be done by publication of a
newspaper of general circulation
o Section 15: Entity without juridical personality as defendant.
 Requisites
 2 or more persons not organized as a juridical entity
 Enter into a transaction
 A wrong or delict committed against a 3rd person in the course of such
transaction
 The real defendants here are the persons involved
 Actions must be filed against the real parties sin interest EXCEPT
 Class suits
 Entity without juridical personality
 A co-owner in an action for ejectment
 This kind of defendant can be summoned by serving to any one of them or upon
the person in charge of the office, but such service shall not bind any person whose
 connection with the entity has been severed before the action was brought - Rule 14
section 8
o Section 16: Death of a party. When a party dies but the claim is not extinguished then it
shall be the duty of his counsel to inform the court within 30 days and to give the name and
address of his representatives. Failure of counsel to comply is a ground for disciplinary
action.
 Heirs may be appointed without an administrator or executor and if a minor
court MAY appoint a guardian ad litem
 The court will then order the representative to appear and be substituted within
30 days from its notice if it finds that the claim did not end with the death
 If no legal representative is named or if there is a failure to appear within the
period, the court MAY order the opposing party to find an executor who will appear in
behalf of the deceased.
 The charges in procuring such appointment may be recovered as costs
 Actions which survive the death of a party
 Actions and obligations from delicts
 Actions based on the tortious conduct of defendant
 Actions to recover real and personal property
 Action of ejectment
 Actions of contractual money claims
 Although the original lawyer-client relationship ended procedure still requires
him to name the new legal representative for substitution, but he can also be rehired
under a new contract
 Purpose of this substitution is to protect the right of every party to due process
 It is the order that EFFECTS the substitution and not the amendment of the
pleading
o Section 20: Action on contractual money claims. When action is for recovery of money
from contract but defendant dies before final judgment, it will not be dismissed. If there is
later a favorable judgement for the plaintiff then it is enforced against the estate of the
deceased in the manner provided for in these rules
 If the plaintiff gets a favorable decision they cannot just execute, they will have
to file a claim but will no longer need to prove it
 If the action dies with the party then the case is dismissed
 Contractual money claims
 If the defendant dies before final judgment then section 20 applies.
 If after final judgment but before execution then you still cannot
execute and must file a claim against the estate.
 If after levy/execution but before auction then it proceeds but the
excess is given back to administrator
 Non-contractual money claims (recovery of property, replevin, unlawful
detainer, Publiciana, etc.)
 There will be substitution and it will not be dismissed
o Section 17: Death or separation of a party who is a public officer. When a public officer
is a party in his official capacity but dies resign or ceases to hold office, the action may be
maintained against his successor if within 30 days after successor takes office, it is shown
there is a need to continue it AND that the successor continues the action of the
predecessor. The officer to be affected has been given reasonable notice and given an
opportunity to be heard
  If the successor does not adopt the policy then the case is dismissed
o Section 18: Incompetency or Incapacity. If a party becomes incompetent or
incapacitated, the court upon motion with notice may allow the action to continue against
the incapacitated with his guardian or guardian ad litem
o Section 19: Transfer of interest. When interest is transferred, the action may continue
against original party unless the court motions for the substitution to the person whom the
interest was transferred to OR merely joined with the original party
 Case will be dismissed if the interest is transferred while there is only one
plaintiff
o Section 21: Indigent Party. A party may litigate his action as an indigent if the court upon
an exparte application is satisfied that the party is one who has no money or property
sufficient for food and other basic necessities. Will result in exemption in paying the docket
fee and other lawful fees and will be a lien in case of a favorable judgment for the indigent
unless the court otherwise provides. Any adverse party may contest this at any time before
judgment is rendered, If it is later found that he has sufficient Income or property it will be
assessed and collected by the clerk of court
o Section 22: Notice to the Solicitor General. In any action involving the validity of a treaty,
ordinance, rule, etc., the court MAY require the appearance of the solicitor general who may
be heard in person or through a representative designated by him
 Because the Solicitor General is the legal counsel of the republic of the
Philippines
 
 
 Rule 4: Venue of Actions
o Intro
 Venue, is the place or geographical area where an action is to be filed or tried,
but in civil cases it refers sonly to the place of the suit and not the jurisdiction of the
court
 Venue is procedural and not substantive, it only becomes jurisdictional in
criminal cases
 Parties can waive the venue of a case
 By failing to object to the venue through a motion to dismiss
 By seeking affirmative relief even if the venue is wrong (estoppel?)
 By seeking an affirmative defense
 By voluntarily submitting to the court where the case is filed
 By laches
 Trial court can MOTU PROPRIO dismiss a case for lack of jurisdiction over
subject matter, litis Pendentia, res judicata, prescription, but NOT for improper venue
 Unless the defendant objects to the venue, it cannot be truly said to be
improper
 Court can dismiss a case due to improper venue at its instance in actions
covered by the rules on summary procedure and it may be done outright without
waiting for a motion to dismiss
 To determine where the proper venue is, we should first figure out if the action
is personal or real. If personal it is transitory, if real it is local
 But if the defendant is a non-resident and is about a personal action then the
venue is the residence of plaintiff
o Section 1: Venue of Real Actions. Actions affecting title, possession, or interest of real
property shall be tried in the court which has jurisdiction over the area where the real
property is involved or portion situated. Forcible entry and detainer actions shall be tried in
the MTC of the city where the property is involved
 The term proper court is used because it can be MTC or RTC depending on the
assessed value of the property
 If it is an object of the same transaction and found at the boundary of 2 places,
you can file at either
 If it is the subject of 2 different transactions then separate actions should be
filed
o Section 2: Venue of Personal Actions. All other actions may be commenced where any
principal plaintiff or principal defendant resides, and if a non-resident , where he may be
found. At the Plaintiff's choice
 To figure out if real or personal, check the primary objective. If it was to recover
ownership even if it was through contract, it is still a real action
 When there are several alternative reliefs that are personal and real which are
prayed for, venue is determined by the primary object of the suit
 Residence is the actual and physical residence and not merely a legal domicile
 Residence of a corporation is where its main office is situated
 Any person whether natural or juridical can only have one residence
 Cannot sue if defendant has no residence and cannot be found here because it
cannot be enforced there
 But in rem decisions can be enforced because the subject matter is here and it is
not a useless judgment
o Section 3: Venue of action against non-residents. If the defendant does not reside in the
Philippines AND the action affects the personal status of plaintiff/property of defendant, the
action may be commenced in the place where the plaintiff resides or where the property is
situated
 If the action is Personam there is no way to sue him
o Section 4: When the rule is not applicable. In cases where a specific rule or law provides
otherwise OR where parties validly agree in writing before the filing of an action, on the
exclusive venue
 Libel has a special law that determines the proper venue
 When the parties agree on a venue it must be
 In writing
 Made before the filing of the action
 And exclusive as to the venue (otherwise it is a mere additional venue)
 Venue stipulations might not apply if it is a contract of adhesion, But lawyers
should still know the implications even if it is a contract of adhesion
 Jurisdiction is the authority to hear the case, venue is merely where the case is
to be heard
 Jurisdiction over subject matter cannot be waived, venue can be waived
 Jurisdiction is governed by substantive law, venue is procedural
 Lack of jurisdiction of subject matter can be motu proprio dismissed, this can
only be done in venue if it is a summary procedure
 Jurisdiction links the court to the subject matter, venue links the parties
 
 
 Rule 5: Uniform Procedure in Trial Courts
o Section 1: Uniform Procedure. Procedure in MTC's shall be the same in RTC's EXCEPT
where a particular provision applies only to a particular court OR in civil cases governed by
the rules on summary procedure
 One example of a difference is that on the rules of appeal
o Section 2: Meaning of Terms. The term Municipal trial courts shall include MeTC, MTCC,
MTC, and MCTC
 Metropolitan TC, Municipal TC in cities, Municipal circuit TC
 
 
 Rule 6: Kinds of Pleadings
o Section 1: Pleadings defined. Are the written statements of the respective claims and
defenses of the parties, submitted to the court for appropriate judgment
 Cannot be oral
 Are necessary to invoke the jurisdiction of the court that the subject matter be
presented for consideration
 Are necessary to secure a method by which the issues are properly laid before
the court
 The counterpart of pleadings in criminal cases are informations
 Pleadings shall be liberally construed to do substantial justice
 Parties are strictly bound by their allegations and cannot take a contrary
position
 In case of ambiguities, the same must be construed against the pleader
 The system in the Philippines is the code pleading system observed in states like
California and New York
 Based on codified rules
o Section 2: Pleadings Allowed. Claims are asserted in complaints, counterclaims, cross
claims, third party complaints, or complaints in intervention. Defenses are alleged in the
answer to the pleading against him
 If you are a defendant you pleading and defense is called an Answer
 This Answer may be responded to by a reply
 But if a pleading falls under a summary procedure, only the following are
allowed
 Complaint
 Compulsory counterclaim
 Crossclaim pleaded in the answer
 Answers
 Pleading vs. Motion
 Pleadings are for submitting a claim or defense, motions are for applying
for an order no included in the judgment
 Pleadings may be initiatory while motions presuppose an existing case
already filed
 Pleadings must be written, motions can be oral
o Section 3: Complaint. Is the pleading alleging the plaintiff's cause of action. The names
and residences of the plaiantiff and defendant must be stated
 Also known as the initiatory pleading
 Must contain the ultimate facts and NOT evidentiary facts or legal conclusions
 It is ultimate if it is essential in constituting the plaintiff's cause of action
  Allegation must contain the 4 elements of a cause of action
 Right
 Obligation
 The violation of the right
 Damage
o Section 4: Answer. Is a pleading where the defendant sets forth his defenses
 Also called the responsive pleading
 Not found in criminal procedures
o Section 5: Defenses. Negative if it is the specific denial of the material fact or facts
alleged in the pleading. Affirmative If it is the of a new matter which if hypothetically
admitted would bar recovery by him
 General denials and negative pregnant denials are insufficient
 Negative pregnant is a denial but has the effect of admission because of a too
literal denial of an allegation, merely repeating the allegation in negative form
 Will admit the material allegation in the complaint but will plead a new matter
which will prevent recovery (fraud, statute of limitations, estoppel, former recovery,
etc.)
o Section 6: Counter Claims. A claim which a defending party may have against an
opposing party
 It is a cross complaint that may be alleged in the answer but is not part of it
 Must be answered within 10 days
 There is no rule that the counter claim should be similar to the claim
 What is important is that the parties are the same
 Same capacity rule, that one should be sued in the same capacity that he is
suing the defendant