RULE 5

UNIFORM PROCEDURE IN TRIAL COURTS

Section 1. Uniform procedure. - The procedure in the Municipal Trial Courts shall be the same as in the
Regional Trial Courts, except (a) where a particular provision expressly or impliedly applies only to either
of said courts, or (b) in civil cases governed by the Rule on Summary Procedure. (1)

Section 2. Meaning of terms. - The term "Municipal Trial Courts" as used in these Rules shall include
Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit
Trial Courts. (2)

RULE 5
UNIFORM PROCEDURE IN TRIAL COURTS

Section 1. Uniform procedure. - The procedure in the Municipal Trial Courts shall be the same as in the
Regional Trial Courts, except (a) where a particular provision expressly or impliedly applies only to either
of said courts, or (b) in civil cases governed by the Rule on Summary Procedure. (1)

Section 2. Meaning of terms. - The term "Municipal Trial Courts" as used in these Rules shall include
Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit
Trial Courts. (2)

RULE 6
KINDS OF PLEADINGS

Section 1. Pleadings defined. — [No amendment]

Section 2. Pleadings allowed. — The claims of a party are asserted in a complaint, counterclaim, cross-
claim, third (fourth, etc.)-party complaint, or complaint-in-intervention.

The defenses of a party are alleged in the answer to the pleading asserting a claim against him or her.

An answer may be responded to by a reply only if the defending party attaches an actionable document
to the answer.

Section 3. Complaint. — The complaint is the pleading alleging the plaintiffs or claiming party's cause or
causes of action. The names and residences of the plaintiff and defendant must be stated in the
complaint.

Section 4. Answer. — [No amendment]

Section 5. Defenses. — Defenses may either be negative or affirmative.

(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) 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 or her. 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 may also include grounds for the dismissal of a complaint, specifically, that the
court has no jurisdiction over the subject matter, that there is another action pending between the same
parties for the same cause, or that the action is barred by a prior judgment.

Section 6. Counterclaim. — [No amendment]

Section 7. Compulsory counterclaim. — 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 to the amount and the nature thereof, except that in an original action
before the Regional Trial Court, the counterclaim may be considered compulsory regardless of the
amount. A compulsory counterclaim not raised in the same action is barred, unless otherwise allowed
by these Rules.

Section 8. Cross-claim. — 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 cover all or part of the original claim.

Section 9. Counter-counterclaims and counter-cross-claims. — [No amendment]

Section 10. Reply. — All new matters alleged in the answer are deemed controverted. If the plaintiff
wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in
an amended or supplemental complaint. However, the plaintiff may file a reply only if the defending
party attaches an actionable document to his or her answer.

A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of
new matters alleged in, or relating to, said actionable document.

In the event of an actionable document attached to the reply, the defendant may file a rejoinder if the
same is based solely on an actionable document.

Section 11. Third, (fourth, etc.)-party complaint. — A third (fourth, etc.)-party complaint 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.

The third (fourth, etc.)-party complaint shall be denied admission, and the court shall require the
defendant to institute a separate action, where: (a) the third (fourth, etc.)-party defendant cannot be
located within thirty (30) calendar days from the grant of such leave; (b) matters extraneous to the issue
in the principal case are raised; or (c) the effect would be to introduce a new and separate controversy
into the action.

Section 12. Bringing new parties. — [No amendment]

Section 13. Answer to third (fourth, etc.)-party complaint. — [No amendment]