1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT)

PER RESOLUTION OF THE SUPREME COURT IN

BAR MATTER NO. 816 ADOPTED IN BAGUIO CITY ON
APRIL 8, 1997

RULE 11: WHEN TO FILE RESPONSIVE PLEADINGS

SECTION 1. Answer to the complaint.— The defendant shall file his answer to the complaint within
fifteen (15) days after service of summons, unless different period is fixed by the court. (1a)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 thirty (30) days after receipt of summons by such
entity. (2a)SEC. 3. Answer to amended complaint.— Where the plaintiff files an amended complaint as
a matter of right, the defendant shall answer the same within fifteen (15) 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 ten (10) 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. (3a)SEC. 4. Answer to counterclaim or cross-
claim. — A counterclaim or cross-claim must be answered within ten (10) days from service. (4)

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. (5a)

SEC. 6. Reply. — A reply may be filed within ten (10) days from service of the pleading responded to.
(6)

SEC. 7. Answer to supplemental complaint. — A supplemental complaint may be answered within ten
(10) 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. (n)

SEC. 8. Existing counterclaim or cross-claim. — A compulsory counterclaim or a cross-claim that a

defending party has at the time he files his answer shall be contained therein. (8a, R6)

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 pleading may, with the permission of the
court, be presented as a counterclaim or a cross-claim by supplemental pleading before judgment. (9,
R6)

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 may, by
leave of court, set up the counterclaim or cross-claim by amendment before judgment. (3a, R9)

SEC. 11. Extension of time to plead.— Upon motion and on such terms as may be just, the court may
extend the time to plead provided in these Rules.
The court may also, upon like terms, allow an answer or other pleading to be filed after the time fixed
by these Rules. (7)