RULE 8

 The statement should be plain, concise and logical. In a pleading we should talk about the
ultimate facts because it is the basis of the plaintiff’s primary right and it make up the wrongful
act or omission of the defendant.
 If the plaintiff is not sure of the 2 possible cause of action, he may state his cause of action in
alternative. The insufficiency of one will not affect the entire pleading if the other cause of
action is insufficient. Hindi nirerequire ni court na may choice so you can declare the 2 causes of
action.
 You must have the capacity to sue and the defendant should have the capacity to be sued.
 Fraud or mistake should be declared specifically while malice, intent, and condition of the mind
can be declared generally
 A copy of judgement rendered by the court even years ago should be attached to the pleading
 An ACTIONABLE DOCUMENT is one which is the basis or the foundation of the cause of action or
defense and not merely an evidence of the cause of action or defense.
 As a general rule, every pleading need not be under oath except when the law requires it
 Denial must be under oath but oath does not apply if
(a) When the adverse party does not appear to be a party to the instrument
(b) When compliance with an order for an inspection of the original instrument is refused
 To contest:
(a) You must specifically deny the genuineness and due execution of the document under oath;
(b) You set forth what you claim to be the facts.
 Pag hindi naverify ang answer na dinedeny mo yung allegation e ibig sabihin inaamin mo na
yung allegation
 A negative defense is the specific denial of the material fact or facts alleged in the pleading of
the claimant essential tohis cause or causes of action.
 3 types of denial:
(1) absolute - you deny the allegation in the complaint but you must state the basis of your
denial
(2) partial - Sometimes an allegation may consist of 2 or more parts. Therefore the answer may
admit part 1 but part 2 is denied.
(3) denial by disapproval of knowledge – having no knowledge or lack of information but in good
faith

Rule 9 contin.

 The remedy of a defendant if declared default is to file a motion under oath that his failure was
due to FRAUD, ACCIDENT, MISTAKE, AND EXCUSABLE NEGLIGENCE and that he has
MERITORIOUS DEFENSE.
 If dalawa ang defendant at yung isa ay di nakapagfile ng answer then that person is declared
default but the case will still go to trial based on the answer of the defendant who filed his
answer.
 If the defendant filed an answer but failed to appear in trial then the case will proceed and there
will be a presentation of evidence ex parte

Rule 10
  Pleadings may be amended by:
a. Adding or striking out an allegation
b. Adding a name of the party
c. Correcting a mistake in name
d. Correcting mistaken or inadequate description
 Plaintiff may amend before answer is served and defendant may amend before reply is served.
 Amendment is a matter of judicial discretion if:
a. The amendment must be substantial
b. The adverse party has already filed and served a copy of his responsive pleading
 Note that the amendment may be refused if the purpose is to delay the jurisdiction of the court
 Under rule 9 sec 1 there should be no surprise defense so if the defense is not raised in the
pleadings it is not allowed to be tried but Rule 10 sec 5 is the exemption that when the issue is
raised during trial and there is an express consent of both parties then the defense will be
treated in all respect as if they had been raised in the pleading.
 A supplemental pleading is one which avers facts occurring after the filing of the original
pleadings and which are material to the matured claims and/or defenses therein alleged
 Dapat same ang supplemental pleading sa original complaint
 Supplemental complaint may be answered within 20 calendar days from notice of the order
admitting the same, unless fixed by court.
 Pag magfile ng amended pleadings dapat naka underlined
 In amended pleadings, original pleading will be deemed abandoned

Rule 11

 Defendant shall file his or her answer to complaint within 30 days after service of summons
unless fixed by court
 If the defendant is a foreign corporation doing business in the Phil, the answer will be filed
within 60 days
 If it’s a matter of right answer should be in 30 days but if it is not a matter of right, answer to an
amended complaint should be within 15 days after notice
 Answer to counter claim or cross claim should be within 20 days
 Answer to a third party complaint should be within 30 days same with answer to the complaint
 A reply may be filed within 15 days from service of pleading
 Answer to supplemental complaint may be filed within 20 days from notice admitting to the
defense
 Cross-claim which either matured or was acquired by a party after serving his or her pleading
may, by permission of court, presented as a cross-claim by supplemental pleading before
judgment
 If the counterclaim or cross-claim was acquired by a party after serving his pleading, he may
raise it by way of supplemental pleading. But if a pleader fails to set up a counterclaim or a
cross-claim which is already matured when he filed his pleading due to oversight inadvertence
or excusable neglect, then he may raise it by way of amended pleading before judgment. Leave
of court is necessary
 Motion to admit late answer = 30 days
Rule 12

 A bill of particulars is a more definite statement of any matter which is not averred with
sufficient definiteness or particularity in a pleading to enable the opposing party to prepare his
responsive pleading. The defendant usually filed this.
 Ang purpose ng bill of particular ay ma clarify ang allegation sa isang pleading
 If the pleading is a reply, it should be filed within 10 days from service thereof and shall point
out the defects complained of
 Pwede den mag file ang plaintiff pag di niya n aintindihan ang reply ng defendant
 Clerk of court has the responsibility to immediately bring it to the attention of the court. They
can either grant, deny, or allow the parties to be heard
 If the motion is granted either whole or in part, it must be effected within 10 days unless
otherwise provided
 If the order is not obeyed, or in case of insufficient compliance therewith, the court may order
the stirking out of the pleading
 When you file a bill of particulars clarifying the paragraphs in the complaint which are vague,
the bill of particulars becomes part of the complaint with its supplements