RULE 13
FILING AND SERVICE OF PLEADINGS
Payment of Docket Fees – Jurisdictional For
Initiatory Pleadings. It is not simply the filing
of the complaint or appropriate initiatory
pleading, but the payment of the prescribed
docket fees that vests a trial court with
jurisdiction over the subject matter or nature
of the action.
Failure to pay those fees within the
reglementary period allows only
discretionary, not automatic, dismissal;
Filing and Service, Defined
Filing- is the act of submitting the pleading
or other paper to the court. (Sec 2, Rule 13).
Service - is the act of providing a party with
a copy of the pleading or any other court
submission. Note that service may also be
made by the court. (see Secs. 13 and 18,
Rule 13).
To Whom Service is Made
1. If the party appears without a counsel –
service is to be made upon such party;
2. If the party appears by counsel - service
upon such party shall be made upon his or
her counsel, unless service upon the party
and the party's counsel is ordered by the
court;
3. If one counsel appears for several parties
– same as above, but such counsel shall
only be entitled to one copy of any paper
served by the opposite side;
4. If several counsels appear for one party -
such party shall be entitled to only one copy
of any pleading or paper to be served upon
the lead counsel if one is designated, or
upon any one of them if there is no
designation of a lead counsel.
Periods Of Filing Of Pleadings
Answer to Complaint
The defendant shall file his answer to the
complaint within 30 days after service of
summons, unless a different period is fixed
by the court.
Extension of Time to File an Answer
A defendant may, for meritorious reasons,
be granted an additional period of not more
than 30 calendar days to file an answer. A
defendant is only allowed to file 1 motion for
extension of time to file an answer. (Sec.
11, Rule 11).
Under the 2019 Amendments, a motion for
extension to file any pleading, other than an
answer, is prohibited and considered a
mere scrap of paper. (Id.; also see Sec. 12,
Rule 15). The court, however, may allow
any other pleading to be filed after the time
fixed by these Rules. (Sec. 11, Rule 11).
Where the Defendant is a Foreign Private
Juridical Entity
1. Within 30 days after service of summons
if there exists a resident agent. (Sec. 1,
Rule 11).
2.Within 30 days after service of summons if
there is no resident agent but there is an
agent or officer in the Philippines. (Sec. 1,
Rule 11).
3.Within 60 days after receipt of summons
by the home office of the foreign private
entity, if there is no resident agent nor agent
or officer in the Philippines and summons is
made to the proper government office which
is tasked to send a copy of such to the
home office of the foreign private entity.
(Sec. 2, Rule 11). If the service of summons
was made by publication, within the time
specified in the order granting leave to
serve summons by publication, which shall
not be less than 60 days after notice. (Sec.
17, Rule 14).
 Answer to Amended Complaint
a. Where the plaintiff files an amended
complaint as a matter of right, the defendant
shall answer the same within 30 days after
being served with a copy thereof.
b. Where filing is NOT a matter of right, the
defendant shall answer the amended
complaint within 15 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. (Sec. 3, Rule 11).
Different Manners of Filing
Filing of pleadings and other court
submissions shall be made by:
i. By personal filing;
ii. By registered mail;
iii. By accredited courier;
iv. By electronic mail or other electronic
means, as authorized by the court in places
where it is electronically equipped. (Sec. 3,
Rule 13).
Different Modes of Service
Pleadings, motions, notices, orders,
judgments, and other court submissions
shall be served:
i. By personal service;
ii. By registered mail;
iii. By substituted service; (Sec. 8, Rule 13).
iv. By accredited courier;
v. By electronic mail, facsimile transmission,
or other electronic means; and
vi. By other means as provided for in
international conventions where the
Philippines is a party. (Sec. 5, Rule 13).
Proof of Filing, General Rule
As a general rule, the filing of a pleading or
any other court submission shall be proved
by its existence in the record of the case.
(Sec. 16, Rule 13).
Proof of Personal Filing
If the pleading or any other court
submission is claimed to have been filed
personally, the filing shall be proven by the
written or stamped acknowledgment of its
filing by the clerk of court on a copy of the
pleading or court submission. (Sec. 16 (a),
Rule 13).
Proof of Filing by Registered Mail
If the pleading or any other court
submission was filed by registered mail, the
filing shall be proven by:
1. The registry receipt; and
2. The affidavit of the person who mailed it,
containing a full statement of:
i. The date and place of deposit of the mail
in the post office;
ii. That the document is in a sealed
envelope; iii. That the mail is addressed to
the court;
iv. That the postage fully prepaid; and
Proof of Filing by Accredited Courier
If the pleading or any other court
submission was filed through an accredited
courier service, the filing shall be proven by:
1. An affidavit of service of the person who
brought the pleading or other document to
the service provider; and 2. The courier's
official receipt and document tracking
number.
(Sec. 16 (c), Rule 13).
Proof of Filing by Electronic Mail
If the pleading or any other court
submission was filed by electronic mail, the
same shall be proven by:
1. An affidavit of electronic filing of the filing
party; and
2. A paper copy of the pleading or other
document transmitted or a written or
stamped acknowledgment of its filing by the
clerk of court. (Sec. 16 (d), Rule 13)
Proof of Service -When service of notice is
an issue, the rule is that the person alleging
that the notice was served must prove the
fact of service. The burden of proving notice
rests upon the party asserting its existence.
(Republic v. Wee, G.R. No. 147212, Mar.
24, 2006).
Proof of Personal Service , shall consist
of:
a. A written admission of the party served;
or
b. The official return of the server; or
c. The affidavit of the party serving,
containing a statement of the date, place,
and manner of service. (Sec. 17, Rule 13).
Nature of Notice of Lis Pendens
Lis pendens, which literally means pending
suit, refers to the jurisdiction, power or
control which a court acquires over property
involved in a suit, pending the continuance
of the action, and until final judgment. Its
notice is an announcement to the whole
world that a particular property is in litigation
and serves as a warning that one who
acquires an interest over said property does
so at his own risk or that he gambles on the
result of the litigation over said property.
(Spouses Romero v. Court of Appeals, G.R.
No. 142406, May 16, 2005).
Actions Where Lis Pendens is
Appropriate Notice of lis pendens may be
applied for in actions affecting the title or the
right of possession of real property. (Sec.
19, Rule 13).
Reason for Allowing Amendments
Amendments are permitted so that the
actual merits of the controversy may
speedily be determined, without regard to
technicalities, in the most expeditious and
inexpensive manner. (Sec. 1, Rule 10).
SUMMONS (RULE 14)
Summons is a writ by which the defendant
is notified of the action brought against
him/her. Service of such writ is the means
by which the court may acquire jurisdiction
over his/her person. (Cano-Gutierrez v.
Gutierrez, G.R. No. 138584, 2000)
Purpose of Summons
Its purpose is two-fold: to acquire
jurisdiction over the person of the defendant
and to notify the defendant that an action
has been commenced so that he may be
given an opportunity to be heard on the
claim against him. (RIANO, 2019, p. 391).
Without service of summons, or when
summons are improperly made, both the
trial and the judgment, being in violation of
due process, are null and void, unless the
defendant waives the service of summons
by voluntarily appearing and answering the
suit.
Summons in Actions In Personam
Where the action is in personam, that is,
one brought against a person on the basis
of her personal liability, jurisdiction over the
person of the defendant is necessary for the
court to validly try and decide the case.
Service of summons upon the defendants is
essential in order for the court to acquire
jurisdiction over their persons. (Velayo-Fong
v. Spouses Velayo, G.R. No. 155488, Dec.
6, 2006).
Summons in Actions In Rem and Quasi
In Rem An action in rem is an action
against the thing itself instead of against the
person. Meanwhile, an action quasi in rem
is where an individual is named as
defendant and the purpose of the
proceeding is to subject his interest therein
to the obligation or loan burdening the
property. This is so inasmuch as, in in rem
and quasi in rem actions, jurisdiction over
the person of the defendant is not a
prerequisite to confer jurisdiction on the
court provided that the court acquires
jurisdiction over the res.
When Summons Are Issued
The court shall direct the clerk of court to
issue the corresponding summons to the
defendants within 5 calendar days from:
1. Receipt of the initiatory pleading; and
2. Proof of payment of the required legal
fees. (Sec. 1, Rule 14).
But the court will not issue the
summons, and instead dismiss the case,
if the complaint, on its face, shows:
1. 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 a prior
judgment;
4. That the action is barred by the statute of
limitations. (Id., Sec. 1, Rule 9).
Within 30 calendar days from issuance of
summons by the clerk of court and receipt
thereof, the sheriff or process server, or
person authorized by the court, shall
complete its service. (Sec. 20, Rule 14).
Contents of and Attachments to the
Summons
The summons shall contain:
1. The name of the court and the names of
the parties to the action;
2. When authorized by the court upon ex
parte motion, an authorization for the
plaintiff to serve summons to the defendant;
3. A direction that the defendant answer
within the time fixed by these Rules; and
4. A notice that unless the defendant so
answers, plaintiff will take judgment by
default and may be granted the relief
applied for. (Sec. 2, Rule 14).
Attached to the summons are:
i. Copy of the complaint; and/or
ii. Order for appointment of guardian ad
litem, if any. (Id.).
Who May Serve Summons
The summons may be served by:
a. Sheriff;
b. Sheriff’s deputy; or
c. Other proper court officers;
d. Plaintiff, upon authorization of the court in
cases where:
Failure of the above to serve the summons,
in which case it shall be served together
with the sheriff;
Summons is to be served outside the
court’s judicial region; (Rule 14, Sec. 3);
e. Counsel of the defendant, whereby he
makes a special appearance to contest the
improper service of summons and was
thereafter deputized by the court to serve
summons. (Sec. 13, Rule 14).
PERSONAL SERVICE (SERVICE IN
PERSON ON DEFENDANT)
Personal service of summons is made
by:
a. Handing a copy thereof to the defendant
in person and informing the defendant that
he or she is being served; or,
b. If he or she refuses to receive and sign
for it, by leaving the summons within the
view and in the presence of the defendant
(tendering the summons). (Sec. 6, Rule 14).
When Substituted Service Can Be Made
Substituted service can be made if the
defendant cannot be served personally for:
1. At least 3 attempts; and
2. On 2 different dates. (Sec. 6, Rule 14).
How Substituted Service Made
Substituted service is effected by:
a. Leaving copies of the summons at the
defendant’s residence to a person:
i. At least 18 years of age;
ii. With sufficient discretion; and
iii. Must be residing therein.
b. By leaving copies of the summons at the
defendant's office or regular place of
business with some competent person. A
competent person includes, but is not
limited to, one who customarily receives
correspondences for the defendant;
If the server is refused entry upon making
his authority or purpose known, by leaving
copies of the summons to the following:
(a) Any officer of the homeowner’s
association or condominium corporation;
(b) Chief security officer in charge of the
community or building where the defendant
may be found.
Service Upon A Defendant Where His
Identity Is Unknown Or Where His
Whereabouts Are Unknown
How Service of Summons Effected
In any action, service of summons may be
effected by publication in a newspaper of
general circulation where:
1. A leave of court is secured; and
2. The defendant is designated as an
unknown owner; or
3. The defendant’s whereabouts are
unknown and cannot be ascertained by
diligent inquiry, within 90 calendar days
from the commencement of the action.
(Sec. 16, Rule 14).
Service Upon Residents Temporarily
Outside The Philippines
How Service of Summons Effected
In any action where the defendant who resides
in the Philippines is temporarily out of it, service
may be effected by:
a. Personal service;
b. Substituted service
c. As provided in international conventions
where the Philippines is a party;
d. By publication in a newspaper of general
circulation in places and time as the court
may order and a copy of the summons shall
be sent by registered mail to the
defendant’s last known address; and
e. Any other manner as the court may deem
sufficient. (Sec. 18, Rule 14 vis-à-vis Sec.
17, Rule 14).
When Extraterritorial Service Allowed
1. The defendant is a non-resident;
2. He or she is not found in the Philippines;
3. The action involves:
a. That which affects the personal status of
the plaintiff;
b. That which relates to or the subject
matter of which is property within the
Philippines, in which the defendant claims a
lien or interest, actual or contingent;
c. That in which the relief demanded
consists, wholly or in part, in excluding the
defendant from an interest in property
located in the Philippines; or
d. That in which the defendant property has
been attached in the Philippines; and
4. Leave of court is secured. (Sec. 17, Rule
14).
Service Upon Minors and Incompetents
When the defendant is a minor, insane or
otherwise an incompetent person, service of
summons shall be made:
1. Personally upon him or her; and
2. His or her legal guardian, if any; or in the
absence of a legal guardian, his or her
guardian ad litem, whose appointment shall
be applied for by the plaintiff. (Sec. 10, Rule
14).
SERVICE UPON DOMESTIC OR
FOREIGN PRIVATE JURIDICAL ENTITY
What are Domestic Private Juridical Entities
A defendant is a domestic private juridical
entity when it is a:
a. Corporation;
b. Partnership; or c. Association organized
under the laws of the Philippines with a
juridical personality. (Sec. 12, Rule 14).
Service of summons upon a domestic
private juridical entity may be made in
the following hierarchical order:
1. To the juridical entity’s president,
managing partner, general manager,
corporate secretary, treasurer, or in-house
counsel, wherever they may be found;
2. In the absence or unavailability of the
foregoing, to their respective secretaries;
3. If service cannot be made to the
foregoing persons or their secretaries, to the
person who customarily receives the
correspondence for the defendant at his
principal office; and
4. Should there be refusal on the above-
mentioned person to receive the summons
despite at least 3 attempts on 2 different
dates, service may be made electronically if
allowed by the court. (Id.).
Service Upon Prisoners
When the defendant is a prisoner confined
in a jail or institution, service shall be
effected upon him or her by the officer
having the management of such jail or
institution who is deemed as a special
sheriff for said purpose. (Sec. 8, Rule 14).
The jail warden shall file a return 5 calendar
days from service of summons to the
defendant. (Id.).
Service of Summons Upon Entities
Without Juridical Personality
When persons associated in an entity
without juridical personality are sued under
the name by which they are generally or
commonly known, service may be effected
upon all the defendants by serving upon:
a. Any one of them; or
b. Upon the person in charge of the office or
place of business maintained in such name.
(Sec. 7, Rule 14).
PROOF OF SERVICE
Proof of Service for Personal or Substituted
Service of Summons
For personal or substituted service of
summons, proof of service shall be made:
1. In writing by the server;
2. Shall set forth the manner, place, and
date of service;
3. Shall specify any papers which have
been served with the process and the name
of the person who received the same; and
4. Shall be sworn to when made by a
person other than a sheriff or his or her
deputy. (Sec. 21, Rule 14).
MOTIONS
An application for relief other than by a
pleading. (Sec. 1, Rule 15).
Motion- is an application made to a court or
judge for the purpose of obtaining a rule or
order directing some act to be done in favor
of the applicant. (Donton v. Loria, A.M. No.
P-03-1684, March 10, 2006).
Pleading- Written statements of the
respective claims and defenses of the
parties submitted to the court for
appropriate judgment. (Sec. 1, Rule 6).
Form of Motions
Generally, motions shall be in writing,
unless made in open court or in the course
of a hearing or trial. If made in open court or
during trial, the motion must be immediately
resolved after the adverse party is given the
opportunity to argue his or her opposition.
(Sec. 2, Rule 15).
Contents of a Motion
1. Statement of relief sought to be obtained.
2. Grounds upon which the motion is based.
3. Supporting affidavits and other papers
when required by the Rules or when
necessary to prove facts stated in motion.
(Sec. 3, Rule 15).
A motion for leave to file a pleading or
motion shall be accompanied by the
pleading or motion sought to be admitted.
(Sec. 10, Rule 15)
Litigious Motions
Litigated (Litigious) motions are those which
the Rules call for the service of copy thereof
upon the opposing party and which may be
set for hearing. (Tabujara III v. Gonzales-
Asdala, A.M. No. RTJ- 08-2126, Jan. 20,
2009).
The following are litigious motions:
1. Motion for bill of particulars;
2. Motion to dismiss;
3. Motion for new trial;
4. Motion for reconsideration;
5. Motion for execution pending appeal;
6. Motion to amend after a responsive
pleading
has been filed;
7. Motion to cancel statutory lien;
8. Motion for an order to break in or for a
writ of
demolition;
9. Motion for intervention;
10. Motion for judgment on the pleadings;
11. Motion for summary judgment;
12. Demurrer to evidence;
13. Motion to declare defendant in default;
and 14. Other similar motions. (Sec. 5 (a),
Rule 15).
Non-Litigious Motions
Motions which the court may act upon
without prejudicing the rights of adverse
parties are non- litigious motions. They shall
not be set for hearing and shall be resolved
by the court within 5 calendar days from
receipt thereof. (Sec. 4, Rule 15).
The following are non-litigious motions:
1. Motion for the issuance of an alias
summons; 2. Motion for extension to file
answer;
3. Motion for postponement;
4. Motion for the issuance of a writ of
execution; 5. Motion for the issuance of an
alias writ of execution;
Prohibited Motions
The following are prohibited motions:
1. Motion to dismiss, except for certain
grounds; 2. Motion to hear affirmative
defenses;
3. Motion for reconsideration of the court's
action on the affirmative defenses;
4. Motion to suspend proceedings without a
temporary restraining order or injunction
issued by a higher court;
5. Motion for extension of time to file
pleadings, affidavits or any other papers,
except a motion for extension to file an
answer;
6. Motion for postponement intended for
delay, save for certain exceptions. (Sec. 12,
Rule 15).
Motion to Dismiss
A motion to dismiss is now a prohibited
motion, save for the following grounds:
a. Lack of jurisdiction of the court over the
subject matter;
b. Litis pendentia;
c. Res judicata; and
d. Prescription. (Sec. 12 (a), Rule 15).
Motion to Hear Affirmative Defenses
Under Sec. 12 (c) of Rule 8, the court shall
motu propio resolve the affirmative
defenses. Thus, a motion to hear affirmative
defenses is not allowed. However, for
affirmative defenses under the first
paragraph of Section 5 (b) of Rule 6, the
court MAY opt to conduct a summary
hearing. (See Sec. 12 (c) and (d) of Rule 8;
Sec 5 (b), Rule 6).
Motion for Reconsideration of the
Court's Action on the Affirmative
Defenses
Affirmative defenses, if denied, shall not be
the subject of a motion for reconsideration
or petition for certiorari, prohibition or
mandamus, but may be among the matters
to be raised on appeal after a judgment on
the merits. (Sec. 12 (e), Rule 8).
Motion to Suspend Proceedings Without
A Temporary Restraining Order Or
Injunction Issued By A Higher Court
Under the 2019 Amendments, a motion to
suspend proceedings cannot be filed unless
supported by a temporary restraining order
or an injunction coming from a higher court.
(Sec. 12 (d), Rule 15).
Motion for Extension of Time to File
Pleadings, Affidavits or Any Other
Papers
A motion for extension to file any pleading,
other than an answer, is prohibited and
considered a mere scrap of paper. The
court, however, may allow any other
pleading to be filed after the time fixed by
these Rules. (Sec. 11, Rule 11).
A motion for extension to file an answer can
only be filed ONCE. (Id.).
Motion for Postponement Intended for
Delay
Generally, a motion to postpone proceedings is
not allowed, except if it is based on:
a. Acts of God;
b. Force majeure; or
c. Physical inability of the witness to appear
and testify. (Sec. 12 (f), Rule 15).
The presentation of evidence must still be
terminated on the dates previously agreed
upon despite the grant of the motion to
postpone the proceedings. (Id.).
Actions Of The Court
Upon the filing of the motion, the clerk of
court must immediately bring it to the
attention of the court. Thereafter, the court
may:
a. Deny the motion outright;
b. Grant the motion outright; or
c. Allow the parties the opportunity to be
heard. (Sec. 2, Rule 15).
DISMISSAL WITH PREJUDICE
A dismissal with prejudice bars the refiling
of the complaint and, when the law permits,
is subject to the right of appeal. (Heirs of
Sadhwani v. Sadhwani, G.R. No. 217365,
Aug. 14, 2019).
Dismissal Due to the Fault of the Plaintiff –
With Prejudice-The complaint may be
dismissed upon motion of the defendant or
upon the court's own motion and shall have
the effect of an adjudication on the merits,
unless otherwise declared by the court, if for
no justifiable cause the plaintiff:
a. Fails to appear on the date of the
presentation of his or her evidence in chief
on the complaint;
b. Fails to prosecute his or her action for an
unreasonable length of time; or
c. Does not comply with the Rules of Court
or any order of the court. (Sec. 3, Rule 17).
Effect on Dismissal by Motion on the
Counterclaim
The dismissal of the action by motion shall
not affect the right of the defendant to
prosecute his counterclaim either:
a. In a separate action; or
b. In the same action, after manifesting his
intention to do so within 15 calendar days
from the filing of the motion to dismiss by
the plaintiff. (Sec. 2, Rule 17).
Three Situations Involving the Effect of a
Dismissal of a Complaint on the
Counterclaim Already Set Up
1. When the defendant files an answer
raising therein an affirmative defense, as
well as a counterclaim, and upon hearing of
the affirmative defenses, the court
dismisses the case – Under Rule 16, Sec. 6
of the1997 Rules on Civil Procedure, the
dismissal of the complaint shall be without
prejudice to the prosecution of the
counterclaim in the same or a separate
action.
Note: Rule 16 has been entirely deleted in
the 2019 Amendments. The previous
grounds for a motion to dismiss are now
affirmative defenses, with certain
exceptions. (see discussions on affirmative
defenses and motions; see also Sec. 12,
Rule 8 and Sec. 12(a), Rule 15)
ii. When the plaintiff himself files a motion to
dismiss his complaint after the defendant
has pleaded his answer with a counterclaim,
and the court grants the motion - Again, the
dismissal shall be without prejudice to the
right of the defendant to prosecute his
counterclaim in a separate action unless
within 15 days from notice of the motion he
manifests his preference to have his
counterclaim resolved in the same action.
(Sec. 2, Rule 17).
iii. When complaint is dismissed through the
plaintiff’s fault and at a time when a
counterclaim has already been set up - The
dismissal is without prejudice to the right of
the defendant to prosecute his counterclaim
in the same or separate action. (Sec. 3,
Rule 17).
Concept of pretrial
An undeniably important and vital
component of case management in trial
courts, the purpose of which is to abbreviate
court proceedings, ensure prompt
disposition of cases and decongest court
dockets.
Pre-trial shall endeavor to persuade the
parties to arrive at a settlement of the
dispute, with due regard to the rights of the
parties.
Purpose of Pre-trial
The purpose of the pre-trial is to allow the
court to consider:
1. The possibility of an amicable settlement
or of a submission to alternative modes of
dispute resolution;
2. The simplification of the issues;
3. The possibility of obtaining stipulations or
admissions of facts and of documents to
avoid unnecessary proof;
4. The limitation of the number and
identification of witnesses and the setting of
trial dates
5. The advisability of a preliminary reference
of issues to a commissioner;
6. The propriety of rendering judgment on
the pleadings, or summary judgment, or
dismissing the action should a valid ground
exist; 7. The requirement of the parties to:
When Pre-trial is Conducted; When
Notice of Pre-trial is Sent- After the last
responsive pleading has been served and
filed, the branch clerk of court shall issue,
within five (5) calendar days from filing, a
notice of pretrial which shall be set not later
than sixty (60) calendar days from the filing
of the last responsive pleading. (Rule 18,
Sec. 1).
Complaint -is the pleading alleging the
plaintiff’s or claiming party’s cause or
causes of action. The names and
residences of the plaintiff and defendant
must be stated in the complaint. (Rule 6,
Sec. 3)
Answer -is a pleading in which a defending
party sets forth his defenses. (Sec. 6, Rule
4) It may be an answer to a complaint, a
counterclaim or a cross-claim but not to a
reply. Since it responds to a claim, an
answer is called a responsive pleading.
(RIANO, 2019, p. 323).
Counterclaims -is any claim, which a
defending party may have against an
opposing party. (Rule 6, Sec. 6)
Negative Defenses -refer to the specific
denial of the material fact or facts alleged in
the pleading of the claimant essential to his
cause or causes of action. (Rule 6 Sec.
5(a))
Compulsory Counterclaim
Elements of a Compulsory Counterclaim
1. Arises out of or is necessarily connected
with the transaction or occurrence which is
the subject matter of the opposing party’s
claim;
2. It does not require for its adjudication the
presence of third parties over whom the
court cannot acquire jurisdiction;
3. The court has jurisdiction over the
amount and nature of the case; and
4. It must be cognizable by the regular
courts of justice. (Rule 6, Sec. 7, see Alba v.
Malapajo, G.R. No. 198752, January 13,
2016).
Permissive Counterclaim -A counterclaim
is permissive if any of the elements of a
compulsory counterclaim is absent (see
prior discussion on Elements of Compulsory
Counterclaim; see also Sec. 7, Rule 6).
Nature of Cross-claims- 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. (Sec. 8, Rule 6).
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, an actionable document. (Rule 6,
Sec. 10). It is the responsive pleading to an
answer. (RIANO, 2019, p. 367).
Effect of Not Filing a Reply
If a party does not file such reply, all the
new matters alleged in the answer are
deemed controverted or denied. No
admission follows from the failure to file a
reply. (Rule 6, Sec. 10)
Requirement of Signature
The complaint must be signed by the
plaintiff or counsel representing him/her
indicating his/her address. (Sec. 3(a), Rule
7)
The signature of the counsel constitutes
a certification that he or she:
1. Has read the pleading and documents;
and
2. That to best of his knowledge,
information, and belief, and formed after an
inquiry reasonable under the circumstances:
i. The pleading is not being presented for
any improper purpose, such as to harass,
cause unnecessary delay, or needlessly
increase the cost of litigation;
ii. The claims, defenses, and other legal
contentions are warranted by existing law or
jurisprudence, or by a non-frivolous
argument for extending, modifying, or
reversing existing jurisprudence;
iii. The factual contentions have evidentiary
support or if specifically, so identified, will
likely have evidentiary support after availing
of the modes of discovery;
iv. The denials of factual contentions are
warranted on the evidence or, if specifically,
so identified, are reasonably based on belief
or a lack of information. (Sec. 3(b), Rule 7)
Requirement of Verification 6. Summary of the witnesses’ intended
Generally, a pleading need not be verified testimonies, as supported by judicial
or under oath except only when verification affidavits attached to the pleading; and
is required by a law or by a rule. (Sec. 4, 7. Documentary and object evidence in
Rule 7) support of the allegations contained in the
pleading. (Sec. 6, Rule 7)
How Verification is Made
Every pleading shall contain in a methodical
A pleading is verified by an affidavit of an and logical form, a plain, concise and direct
affiant duly authorized to sign said statement of the ultimate facts, including the
verification. The affiant shall allege the evidence on which the party pleading relies
following attestations: for his or her claim or defense, as the case
1. The allegations in the pleading are true may be. (Sec. 1, Rule 8).
and correct based on his or her personal
knowledge or based on authentic If a cause of action or defense relied on is
documents; based on law, the pertinent provisions
2. The pleading is not filed to harass, cause thereof and their applicability to him or her
unnecessary delay, or needlessly increase shall be clearly and concisely stated. (Id.).
the cost of litigation; and
3. The factual allegations therein have
evidentiary support or, if specifically, so
identified, will likewise have evidentiary
support after a reasonable opportunity for
discovery. The signature of the affiant shall
further serve as certification of the
truthfulness of the allegations in the
pleading. (Sec. 4, Rule 7).

Effect of Lack of Verification

A pleading which is required to be verified

but lacks the proper verification shall be
treated as an unsigned pleading which
produces no legal effect and is dismissible.
(Sec. 4, Rule 7).

Contents of a pleading

The following are the contents of a pleading:

1. Designation of the pleading;
2. Allegation of the party’s claims and
defenses; 3. Reliefs prayed for;
4. Date of the pleading (Sec. 2, Rule 7);
5. Names of witnesses who will be
presented to prove a party’s claim or
defense;