RULE 6 KINDS OF PLEADINGS

Section 1.
Pleadings defined. –
Pleadings are the written statements of the respective claims and
defensesof the parties submitted to the court for appropriate
judgment. (1)

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 himor her.An answer may
be responded to by a reply only if the defending party attaches
an actionabledocument to the answer. (2a)

Section 3.
Complaint. –
The complaint is the pleading alleging the plaintiff’s or claiming
party’s causeor causes of action. The names and residences of the
plaintiff and defendant must be stated in thecomplaint. (3a)

Section 4.
Answer. –
An answer is a pleading in which a defending party sets forth his
or her defenses. (4a)

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 pleadingof the claimant essential to his
or her cause or causes of action.
(b) An affirmative defense is an allegation of a new matter
which, while hypothetically admittingthe material allegations in
the pleading of the claimant, would nevertheless prevent or
barrecovery by him or her. The affirmative defenses include
fraud, statute of limitations, release,payment, illegality,
statute of frauds, estoppel, former recovery, discharge in
bankruptcy, andany 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
actionpending between the same parties for the same cause, or
that the action is barred by a priorjudgment. (5a)

Section 6.
Counterclaim. –
A counterclaim is any claim which a defending party may have
against anopposing party. (6)

Section 7.
Compulsory counterclaim. –
A compulsory counterclaim is one which, being cognizable bythe
regular courts of justice, arises out of or is connected with the
transaction or occurrence constitutingthe subject matter of the
opposing party’s claim and does not re uire for its adjudication
the presenceof third parties of whom the court cannot ac uire
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 actionbefore the Regional Trial Court, the
counterclaim may be considered compulsory regardless of
theamount. A compulsory counterclaim not raised in the same
action is barred, unless otherwise allowedby these Rules. (7a)

Section 8.
Cross-claim. –
A cross-claim is any claim by one party against a co-party
arising out of thetransaction or occurrence that is the subject
matter either of the original action or of a counterclaimtherein.
Such cross-claim may cover all or part of the original claim.
(8a)

Section 9.
Counter-counterclaims and counter-cross-claims. –
A counterclaim may be asserted againstan original counter-
claimant.A cross-claim may also be filed against an original
cross-claimant. (9)

Section 10.
Reply. –
All new matters alleged in the answer are deemed controverted. If
the plaintiffwishes to interpose any claims arising out of the new
matters so alleged, such claims shall be set forthin an amended
or supplemental complaint. However, the plaintiff may file a reply
only if the defendingparty 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 oravoidance 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 rejoinderif the same is based solely on an
actionable document. (10a)

Section 11.
Third, (fourth, etc.)-party complaint. –
A third (fourth, etc.)-party complaint is a claim that adefending
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 ofhis or her opponent’s claim.The third (fourth, etc.)-
party complaint shall be denied admission, and the court shall re
uirethe defendant to institute a separate action, where
(a) the third (fourth, etc.)-party defendant cannot belocated
within thirty (30) calendar days from the grant of such leave
(b) matters extraneous to the issuein the principal case are
raised or
(c) the effect would be to introduce a new and separate
controversyinto the action. (11a)

Section 12.
Bringing new parties. –
When the presence of parties other than those to the original
actionis re uired for the granting of complete relief in the
determination of a counterclaim or cross-claim, thecourt shall
order them to be brought in as defendants, if jurisdiction over
them can be obtained. (12)

Section 13.
Answer to third (fourth, etc.)-party complaint. –
A third (fourth, etc.)-party defendant mayallege in his or her
answer his or her defenses, counterclaims or cross-claims,
including such defensesthat the third (fourth, etc.)-party
plaintiff may have against the original plaintiff’s claim. In
proper cases,he or she may also assert a counterclaim against the
original plaintiff in respect of the latter’s claimagainst the
third-party plaintiff. (13a)