RULE 6: KINDS OF PLEADINGS a.

Only the names and residence of the

Q: What is a pleading?
A: Pleadings are the written statements of the
respective claims and defenses of the parties
submitted to the court for appropriate judgment.
(Rule 6, Section 1)
Q: How are claims asserted by a part? (What
pleadings are allowed under the rules?)
A: The claims of a party are asserted in a:
a. complaint,
b. counterclaim,
c. cross-claim, third (fourth, etc.)-party
complaint, or
d. complaint-in-intervention. (Rule 6, Section
2)
plaintiff must be stated in the complaint
b. Only the names and residence of the
defendant must be stated in the complaint.
c. The names of the accused and defendant
must be stated in the complaint.
d. The residences of the accused and
defendant must be stated in the complaint.
e. Whether the residence of either the
plaintiff or defendant is stated in the
complaint is not material.
A: C and D.
The names and residences of the plaintiff and
defendant must be stated in the complaint. (Rule 6
Section 3a)
Q: What is an answer?

Q: How are defenses of a party alleged? A: An answer is a pleading in which a defending

party sets forth his or her defenses. (4a)
A: Defenses of a party are alleged in the answer to
the pleading asserting a claim against him/her. Q: Differentiate an affirmative defense from a
(Rule 6, Section 2) negative defense.

Q: May an answer be responded to by a reply? A:

A: Only if the defending party attaches an Affirmative Negative

Admitting material Specific denial of material
actionable document to the answer. (Rule 6
allegations, but alleges fact or facts.
Section 2)
new matter that bars
recovery of claimant.
Q: What is an actionable document?
The defense: The material facts denied
A: An “actionable document” is a written a. Alleges a new are:
matter but a. alleged in the
instrument or document on which an action or
b. While pleading of the
defense is founded. It may be pleaded in either of hypothetically claimant
two ways: admitting material b. essential to the
allegation claimant’s cause/s
1. by setting forth the substance of such essential to the of action.
document in the pleading and attaching cause of action of
the document thereto as an annex, or claimant, it
2. by setting forth said document verbatim in nevertheless bars
the pleading. recovery by
claimant.
Q: What is a complaint? 1. Fraud
2. Statute of
A: The complaint is the pleading alleging the Limitations
plaintiff’s or claiming party’s cause or causes of 3. Statute of Frauds
action. 4. Release
5. Payment
Q: Which statements are corrent? 6. Illegality
 7. statute of frauds Q: Is the presence of third parties necessary
8. estoppel
9. former recovery before the compulsory counter claim may be
10. discharge in
bankruptcy, and adjudicated?
11. any other matter
by way of: A: No, it does not require for its adjudication the
a. confession
and presence of third parties of whom the court
b. avoidance.
cannot acquire jurisdiction. (Rule 6, Section 7)

Q: May a defense include grounds for the

dismissal of a complaint?
Q: Must the counterclaim be within the
A: Yes, based on specific grounds.
jurisdiction of the Court?
Q: What grounds may be alleged in the defense
for the dismissal of a complaint? A: Yes. Such a counterclaim must be within the

A: jurisdiction of the court both as to the amount and

a. The court has no jurisdiction over the the nature thereof. (Rule 6, Section 7)
subject matter
b. There is another action pending between
the same parties for the same cause, or
Q: Is the above rule absolute? If no, what is the
c. The action is barred by a prior judgment.
exception?
Q: What is a counterclaim?
A: Except that in an original action before the
A: A counterclaim is any claim which a defending
Regional Trial Court, the counter claim may be
party may have against an opposing party. (Section
considered compulsory regardless of the amount.
6)

Q: What is the rule as regards compulsory

Q: What is a compulsory counterclaim?
counterclaims not raised in the same action?
A: It is one which, being cognizable by the regular
A: A compulsory counterclaim not raised in the
courts of justice arises out of or is connected with
same action is barred, unless otherwise allowed by
the transaction or occurrence constituting the
these Rules. (Rule 6, Section 7)
subject matter of the opposing party's claim.(Rule

6,Section 7)
Q: What is a cross-claim?

A: Any claim by one party against a co-party

arising out of the transaction or occurrence that is

the subject matter either the original action or of a A: All new matters alleged in the answer are

counterclaim therein. (Rule 6, Section 8) deemed controverted. (Rule 6, Section 10)

Q: Can the cross-claim cover all or part of the Q: Where should the plaintiff do if he/she wishes

original claim? to interpose any claims arising out of the new

A: Yes. Such cross-claim may cover all or part of the matters so alleged?

original claim. (Rule 6, Section 8) A: Such claims shall be set forth in an amended or

supplemental complaint. (Rule 6, Section 10)

Q: May a counterclaim be asserted against an

original counter-claimant? Q: When may a plaintiff file a reply?

A: Yes, a counterclaim be asserted against an A: The plaintiff may file a reply only if the

original counter-claimant. (Counter-counterclaim) defending party attaches an actionable document

(Rule 6, Section 9) to his or her answer. (Rule 6, Section 10)

Q: May a cross-claim be also be filed against an Q: May a defendant file a rejoinder if he/she

original cross-claimant? attaches an actionable document to his/her reply?

A: Yes, a cross-claim be also be filed against an A: Yes, if the same is based solely on an actionable

original cross-claimant (Counter-cross-claim) (Rule document. (Rule 6, Section 10)

6, Section 9)

Q: What is a third, (fourth,etc. )-party complaint?

Q: What is a reply? A: It is a claim that a defending party may file, with

A: It is a pleading that denies, or alleges facts in leave of court, against a person not a party to the

denial or avoidance of new matters that are action, called the third (fourth,etc.) -party

alleged in, or related to, said actionable defendant for contribution, indemnity, subrogation

document. (Rule 6, Section 10) or any other relief, in respect of his or her

opponent's claim. (Rule 6, Section 11)

Q: What is the rule as regards new matters

alleged in the answer?

Q: What instances shall the court deny admission
of a third (fourth, etc.)-party complaint, and the
defendant required to institute a separate action?
A:
a. The third (fourth, etc.)party defendant
cannot be located within thirty (30)
calendar days from the grant of such leave;
b. When matters extraneous to the issue in
the principal case are raised; or
c. The admission of the third (fourth, ect.) –
party complaint would have the effect of
d. including such defenses that the
third (fourth, etc.)-party plaintiff
may have against the original
plaintiff's claim. (Rule 6, Section
13)
Q: May a third (fourth, etc.)party defendant
assert a counterclaim against the original plaintiff
in respect of the latter's (original plaintiff) claim
against the third-party plaintiff?
A: Yes, in proper cases, a third (fourth, etc.)party
defendant assert a counterclaim against the
original plaintiff in respect of the latter's (original
plaintiff) claim against the third-party plaintiff?
(Rule 6, Section 13)

introducing a new and separate

controversy into the action. (Rule 6,

Section 11)

Q: What is the rule as regards bringing new

parties under Section 12?

A: When the presence of parties other than those

to the original action is required for the granting of
complete relief in the determination of a
counterclaim or cross-claim, the court shall order
them to be brought in as defendants, if jurisdiction
over them can be obtained.

Q: What may a third (fourth, etc.)party defendant

allege in his/her answer?
A: He/she may allege in his or her answer:
a. defenses,
b. counterclaims or
c. cross-claims,
Rule 7: Parts and contents of a pleading prefaced by the words "first cause of action,'' of
the second by "second cause of action", and so on
Q: What is set forth in the caption?
for the others.
A: The caption sets forth the:

1. Name of the court,

When one or more paragraphs in the answer are
2. Title of the action, and
addressed to one of several causes of action in the
3. Docket number if assigned.
complaint, they shall be prefaced by the words

Q: What is indicated in the title of the action?

A: The title of the action indicates the names of the

parties. They shall all be named in the original
complaint or petition; but in subsequent pleadings,
it shall be sufficient if the name of the first party on
each side be stated with an appropriate indication
when there are other parties. Their respective
participation in the case shall be indicated.

Q: What is set forth in the body of the pleading?

A: The body of pleading shall set forth its

designation, the allegations of the party's claims or
defenses, the relief prayed for, and the date of the
pleading.

(a) Paragraphs. — The allegations in the body of a

pleading shall be divided into paragraphs so
numbered to be readily identified, each of which
shall contain a statement of a single set of
circumstances so far as that can be done with
convenience. A paragraph may be referred to by its
number in all succeeding pleadings.

(b) Headings. — When two or more causes of

action are joined, the statement of the first shall be