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Rules of Court Rule 11

When to file a responsive pleading?

*Note that under Rule 11, Section 11, the court may extend the time to plead provided by this rules or the filing of the answers thereto and the filing other pleadings upon motion and on just terms. Eg. Illness and motion is not intended of delay. And If the last day falls on a Saturday, Sunday, or a legal holiday, the last day shall be the next business day. And should a motion for extension be filed, Feria submits that the extended period shall be reckoned not from the next business day but rather from the original expiration period, regardless of whether it was Saturday, Sunday, or a legal holiday.
Pleading to be answered Responsive Pleading Period of Filing a Responsive Pleading 15 Days *Note: The court may fix a different period Reckoning Point Rule/ Section

1. Complaint

Answer defendant in general

Service of Summons *Note: The date of the service itself is excluded from the computation After notice (of the order granting the leave or notice of the service? The rule is silent). Counted from the last date of publication.

R 11, S1

Extra-territorial Service of Summons

Within reasonable time not less than 60 Days.

R 14, S15

Summons by publication in an extra-territorial service of summons Note: Existing Counterclaim/ Crossclaim

Within reasonable time not less than 60 Days. Must be contained in the answer thereto, otherwise, barred. Unless, included in an amended answer after leave. May be setup as a counterclaim/ crossclaim, after leave is obtained, by amendment (grounds

Feria

R 11, S8

Omitted Counterclaim/ Crosslaim

R 11, S10

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Rules of Court Rule 11

-oversight, inadvertence, excusable neglect, or when justice requires), before judgment. But those coming after the service of the pleading (answer) May be presented as a counterclaim/ crossclaim as supplemental pleading before judgment. 15 Days apply After Service of Summons R 11, S9

Answer foreign private juridical entity/ Summons served on a resident agent Answer foreign private juridical entity/ Service of summons is made on the government officer designated by law to receive the same (made only in the absence of a resident agent) Gov. Officials designated by law: 1. SEC foreign corporations

Feria

30 Days

After receipt of Summons of such entity

R 11, S2

SEC transmits summons to the defendant corporation within 10 days from receipt such sending completes the service Service upon the deputy governor is as effective as if made upon the corporation or its agent. The deputy

Feria

2. Bangko Sentral Deputy Governor in charge of supervising and examining departments foreign banking corporations

Feria

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Rules of Court Rule 11

governor shall also transmits summons to the defendant corporation within 10 days from receipt such sending completes the service 3. Insurance commissioner foreign insurance companies The commissioner transmits summons to the defendant corporation within 10 days from receipt such sending completes the service 15 Days After service of a copy thereof to the defendant *Note: Defendant must be served a copy of the amended complaint. Feria

2. Amended Complaint (as a matter of right) *Note: This rule is applicable to an amended counterclaim, crossclaim, third party complaint, and complaint-inintervention 3. Amended Complaint (with leave) *Note: This rule is applicable to an amended counterclaim, crossclaim, third party complaint, and complaint-inintervention

Answer

R 11, S3

Answer *Note: If no new answer is filed, the answer earlier filed may also serve as the answer to the amended complaint. Provided, there are no new material allegations Otherwise, Feria submits that such new matters are deemed admitted. Answer *Note: If no new answer is filed, the answer earlier filed may also serve as the answer to the amended

10 Days

From notice of the order admitting the same *Note: Defendant must be served a copy of the amended complaint.

R 11, S3

4. Supplemental Complaint

10 Days *Note: The court may fix a different period

From notice of the order admitting the same

R 11, S7

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Rules of Court Rule 11

complaint. Provided also that there are no new material allegations Otherwise, such new matters are deemed admitted. 5. Supplemental Pleadings Adverse party may plead within 10 Days Answer *Note: If there are new material allegations in the counterclaim, the plaintiff must answer, otherwise, plaintiff will be declared in default. Answer Answer defendant in general Answer foreign private juridical entity 10 Days From notice of the order admitting the same From service of the counterclaim R 10, S6

6. Counterclaim

R 11, S4

7. Cross claim 8. Third (Fourth, etc.) Party Complaint *Note: Sec. 5 provides that this is governed by the rules on the answer to the complaint

10 Days 15 Days

From service of the crossclaim Service of Summons After receipt of Summons of such entity *Note: Service of summons is made on the government officer designated by law to receive the same From service of the answer

R 11, S4 R 11, S1

30 Days

R 11, S2

9. Answer

Reply

10 Days

R 11, S6