RULE 11.

WHEN TO FILE RESPONSIVE PLEADINGS

What is a responsive pleading?
A responsive pleading is a pleading which responds to the
pleadings of the adverse party.

Sec 1. Answer to the complaint. - The defendant shall file his or her
answer to the complaint within thirty (30) calendar days after service of
summons, unless a different period is fixed by the court.

Periods for Filing an Answer

Answer to an original Within thirty (30) calendar days after

complaint service of summons, unless a different
period is fixed by the court.

Q: When will the defendant file his answer?

(Sec. 1, Rule 11)
A: The defendant shall file his answer to the original complaint after the
service of summons within:

a. 30 calendar days after service of summons;

b. Unless a different period is fixed by the court.

Sec 2. Answer of a defendant foreign private juridical entity. - 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 sixty (60) calendar days after receipt of
summons by such entity.

Periods for Filing an Answer

Defendant is a foreign private juridical Within 15 days after service of

entity and has a resident agent summons to
said agent or officer (Sec.6, in
relation to Sec.5[a], Rule 2,
A.M. NO. 00-8-10-SC
2000-11-21)
 Defendant is a foreign private juridical
entity and has no resident agent but
has an agent/ officer in the Philippines
Within 15 days after service of
summons to
said agent or officer (Sec.6, in
relation to Sec.5[b], Rule 2,
A.M. NO. 00-8-10-SC
2000-11-21)

Defendant is a foreign private Within 60 calendar days after

juridical entity and has no resident receipt of summons by the
agent nor agent/ home office of the foreign
officer. (Summons to be served private entity.
to SEC which will then send a copy by
registered mail within 10 days to the
home office of the foreign private
corporation)

Sec 3. Answer to amended complaint. - When the plaintiff files an amended

complaint as a matter of right, the defendant shall answer the same within
thirty (30) calendar 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 fifteen (15) calendar 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.

Periods for Filing an Answer

Answer to amended complaint Within 30 calendar days from

service of amended complaint
(Matter of right)*
(Sec. 3. Rule 11)

Answer to amended complaint Within 15 calendar days counted

from notice of the court order
(Not a matter of right)*
admitting the same
(Sec. 3, Rule 11)

Sec 4. Answer to counterclaim or cross-claim. - A counterclaim or cross-

claim must be answered within twenty (20) calendar days from service.
Sec 5. Answer to third (fourth, etc.)- party complaint. - The time to answer
a third (fourth, etc.)- party complaint shall be governed by the same rule as
the answer to the complaint.
Sec 6. Reply. - A reply, if allowed under Section 10, Rule 6 hereof, may
be filed within fifteen (15) calendar days from service of the pleading
responded to.
Sec 7. Answer to supplemental complaint. - A supplemental complaint may
be answered within twenty (20) calendar days from notice of the order
admitting the same, unless a different period is fixed by the court. The
answer to the complaint shall serve as the answer to the supplemental
complaint if no new or supplemental answer is filed.
Sec 8. Existing counterclaim or cross-claim. - A compulsory counterclaim
or a cross-claim that a defending party has at the time he or she files his or
her answer shall be contained therein.
Sec 9. Counterclaim or cross-claim arising after answer. - A counterclaim
or a cross-claim which either matured or was acquired by a party after
serving his or her pleading may, with the permission of the court, be
presented as a counterclaim or a cross-claim by a supplemental pleading
before judgment.
Sec 10. Omitted counterclaim or cross-claim. - When a pleader fails to set
up a counterclaim or a cross-claim through oversight, inadvertence, or
excusable neglect, or when justice requires, he or she may, by leave of
court, set up the counterclaim or cross-claim by amendment before
judgment.

Q: What is the rule in case of an omitted counterclaim or cross-claim?

A: When a pleader fails to set up a counterclaim or a cross-claim through
oversight, inadvertence, or excusable neglect, or when justice
requires, he may, by leave of court, set up the counterclaim or cross-claim
by amendment before judgment.

Sec 11. Extension of time to file an answer. - A defendant may, for

meritorious reasons, be granted an additional period of not more than thirty
(30) calendar days to file an answer. A defendant is only allowed to file one
(1) motion for extension of time to file an answer.
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.
 REQUISITES OF SEC 11:

 1. There must be a motion for extension of time to file an answer;

  2. With service of that motion to other party;
 3. On meritorious reasons.

Q: May the trial court shorten the time within which to file responsive
pleadings?
A: No, the court cannot shorten the time within which to file responsive
pleadings, except in quo warranto cases. In quo warranto, the court “may
reduce the period provided by these Rules for filing pleadings x x x.” (Rule
66, Sec. 8.)