4. Affirmative Defenses (Rule 8, Sec. 12)

On dismissal based on improper venue

Improper venue is no longer one of the grounds for a motion to dismiss under the Amended Rules. However, the ground of the venue being improperly laid is one of those that may be set as an Affirmative Defense in the answer. The failure to raise the affirmative defense in the answer will constitute a waiver of such. [Sec 12, Rule 8]

However, the court may make a motu proprio dismissal for improper venue, inter alia, in actions covered by the Rules on Summary Procedure [Sec. 4], Rule of Procedure for Small Claims cases [Sec. 9], and in ejectment cases. [Sec. 5, Rule 70]

VENUE IN CIVIL ACTIONS

Remedies when a party impleaded is not authorized to be a party:

• If PLAINTIFF - a motion to dismiss may be filed on the ground that the plaintiff has no legal capacity to sue. (Rule 16, Sec. 1[d])

Note: Under the New Rules, the plaintiff’s lack of legal capacity to sue is no longer a ground for a motion to dismiss (See Rule 15, Sec. 12 of the New Rules). The ground that a plaintiff has no legal capacity is now an affirmative defense (See Rule 8, Sec. 11(3) of the New Rules). Rule 16 is entirely deleted.

• If DEFENDANT - the complaint may be dismissed on the ground of failure to state a cause of action. (Rule 16, Sec. 1[g])

Note: Failure to state a cause of action is now an affirmative defense. (See Rule 8, Sec. 12(4) of the New Rules).

Reversal or Modification of Order

If the defendant relies upon an affirmative defense in his answer, then the order of the trial may be properly reversed. This is because the plaintiffs need not present evidence as judicial admissions do not require proof.

Defendant in this case will present evidence ahead of plaintiff.

(3) AFFIRMATIVE DEFENSES

An affirmative defense is an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant would nevertheless prevent or bar recovery by him. The affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance.

Before an allegation qualifies as an affirmative defense, it must be of such nature as to bar the plaintiff from claiming on his cause of action (Pesane Animas Mongao v. Pryce Properties Corp., G.R. No. 156474, 2005)

Under Rule 8, Sec. 12 of the New Rules, affirmative defenses shall be limited to the following:<br>

Under Rule 8, Sec. 12:

• That the court has no jurisdiction over the person of the defending party;
• That venue is improperly laid;
• That the plaintiff has no legal capacity to sue;
• That the pleading asserting the claim states no cause of action; and
• That a condition precedent for filing the claim has not been complied with.

As to these affirmative defenses, the court shall motu propio resolve them within 30 days from the filing of the answer.

Under Rule 6, Sec. 5(b)(1)

• Fraud;
• Statute of limitations;
• Release;
• Payment;
• Illegality;
• Statute of frauds;
• Estoppel;
• Former recovery;
• Discharge in bankruptcy; and
• Any other matter by way of confession and avoidance.

As to these affirmative defenses, the court may conduct a summary hearing within 15 days from the filing of the answer, which the court shall resolve within 30 days from the termination of the summary hearing.

Under Rule 6, Sec.5(b)(2)

• That the court has no jurisdiction over the subject matter;
• That there is another action pending between the same parties for the same cause;
• That the action is barred by prior judgment.

Affirmative defenses, if denied, shall not be the subject of a motion for reconsideration or petition for certiorari, prohibition, or mandamus, but may be among the matters to be raised on appeal after a judgment on the merits (Rule 8, Sec. 12 of the New Rules).

What must the return contain

The respondent must state all defenses to show that he did not:

• Violate
• Threaten to violate
• Allow the violation of any environmental law, rule, or regulation; or
• Commit any act resulting to environmental damage of such magnitude as to prejudice the life, health, or property of inhabitants of two or more cities (R7, S8)

All defenses not raised are deemed waived. A general denial of allegations in the petition shall be considered an admission thereof (R7, S8)

The Following Defenses are NOT Waived Despite Failure to Deny under Oath:

• Payment;
• Want or illegality of consideration;
• Fraud;
• Mistake;
• Compromise;
• Statute of Limitations;
• Estoppel;
• Duress; and
• Minority or imbecility.

The aforementioned defenses are NOT inconsistent with the genuineness and due execution of the document.

AFFIRMATIVE DEFENSES

An affirmative defense is an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant would nevertheless prevent or bar recovery by him. The affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance.

Before an allegation qualifies as an affirmative defense, it must be of such nature as to bar the plaintiff from claiming on his cause of action (Pesane Animas Mongao v. Pryce Properties Corp., G.R. No. 156474, 2005)

Under Rule 8, Sec. 12 of the New Rules, affirmative defenses shall be limited to the following:

Under Rule 8, Sec. 12:

• That the court has no jurisdiction over the person of the defending party;
• That venue is improperly laid;
• That the plaintiff has no legal capacity to sue;
• That the pleading asserting the claim states no cause of action; and
• That a condition precedent for filing the claim has not been complied with.

As to these affirmative defenses, the court shall motu propio resolve them within 30 days from the filing of the answer.

Under Rule 6, Sec. 5(b)(1)

• Fraud;
• Statute of limitations;
• Release;
• Payment;
• Illegality;
• Statute of frauds;
• Estoppel;
• Former recovery;
• Discharge in bankruptcy; and
• Any other matter by way of confession and avoidance.

As to these affirmative defenses, the court may conduct a summary hearing within 15 days from the filing of the answer, which the court shall resolve within 30 days from the termination of the summary hearing.

Under Rule 6, Sec.5(b)(2)

• That the court has no jurisdiction over the subject matter;
• That there is another action pending between the same parties for the same cause;
• That the action is barred by prior judgment.

Affirmative defenses, if denied, shall not be the subject of a motion for reconsideration or petition for certiorari, prohibition, or mandamus, but may be among the matters to be raised on appeal after a judgment on the merits (Rule 8, Sec. 12 of the New Rules).