1. Kinds (Rule 6)

1. Kinds of pleadings (RULE 6)

• Complaint
• Answer
• Defenses (Negative defenses, Affirmative defenses, negative pregnant)
• Counterclaims (Compulsory counterclaim, permissive counterclaim, Effect on the counterclaim when complaint is dismissed, effect if compulsory counterclaim is not answered
• Cross-claims
• Reply
• Third (fourth, etc.) party complaints

COMPLAINT

The complaint is the pleading alleging the plaintiff’s cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint. (Rule 6, Sec. 3)

ANSWER

An answer is a pleading in which a defending party sets forth his defenses. (Sec. 6, Rule 4) It may be an answer to a complaint, a counterclaim or a crossclaim.

(1) NEGATIVE DEFENSES

Negative defenses refer to the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action. (Rule 6, Sec. 5)

Denials in the answer must be specific or based on a lack of information sufficient to form a belief as to the truth of the allegation in the complaint.

COUNTERCLAIMS

A counterclaim is any claim, which a defending party may have against an opposing party. (Rule 6, Sec. 6)

A counterclaim is in itself a distinct and independent cause of action and when filed, there are two simultaneous actions between the same parties. (Padilla v. Globe Asiatique Realty Holdings Corporation, G.R. No. 207376, August 6, 2014).

When a defendant files a counterclaim against the plaintiff, he becomes the plaintiff in the counterclaim and the original plaintiff becomes the defendant.

A counterclaim may be COMPULSORY or PERMISSIVE.

Rule on Barring of Compulsory Counterclaims

General Rule: A compulsory counterclaim not initially set up in the same action is barred. (Rule 6, Sec. 6) If it is filed concurrently with the main action but in a different proceeding, it would be abated on the ground of litis pendentia; if filed subsequently, it would meet the same fate on the ground of res judicata.||| (Alba, Jr. v. Malapajo, G.R. No. 198752, January 13, 2016).

Difference between Counterclaims filed in the Municipal Trial Court / Metropolitan Trial Court and in the Regional Trial Court:

A counterclaim filed in the Municipal Trial Court or in the Metropolitan Trial Court must be within the court’s jurisdiction both as to the nature and to the amount of the claim.

A counterclaim filed in the Regional Trial Court may be deemed compulsory regardless of the amount but it must be within its jurisdiction as to nature –i.e., an RTC cannot try an unlawful detainer case as a counterclaim, but it may take cognizance of a counterclaim involving an amount below its jurisdictional threshold (i.e. small amounts). (Rule 6, Sec. 7).

The payment of docket fees for compulsory counterclaim is no longer required. A.M. No. 04-2- 04-SC which included the payment of docket fees of permissive counterclaims and compulsory counterclaims has been suspended since September 21, 2004 by virtue of OCA Circular 96- 2009.

CROSS-CLAIMS

A cross-claim is any claim by one party against a coparty arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. Such cross-claim may cover all or part of the original claim. (Rule 6, Sec. 8)

A counterclaim may be asserted against an original counter-claimant. A cross-claim may also be filed against an original counter-claimant. (Rule 6, Sec. 9)

A cross-claim that a party has at the time the answer is filed shall be contained in the answer. (Rule 11, Sec.8).

Exceptions:

• When it is outside the jurisdiction of the court;
• If the court cannot acquire jurisdiction over third parties whose presence is necessary for the adjudication of said cross-claim. In which case, the cross-claim is considered PERMISSIVE;
• Cross claim that may mature or maybe acquired after service of the answer.

A cross-claim which either matured or was acquired by a party after serving his or her pleading may, with permission of the court, be presented as a crossclaim by supplemental pleading before judgment (Rule 11, Sec. 9).

A cross-claim cannot be set up for the first time on appeal. (Loadmasters Customs Services v. Glodel Brokerage Corp., G.R. No. 179446, 2011)

The dismissal of the complaint carries with it the dismissal of a cross-claim which is purely defensive, but not a cross-claim seeking an affirmative relief. (Torres v. CA, G.R. No. L-25889, 1973)

Counter-counterclaims and counter-cross-claims A counter-counter claim is filed when there is a claim against the original counterclaimant.

A counter-cross-claim is filed against an original cross claimant. (Rule 6, Sec. 9)

THIRD, (FOURTH, ETC.) PARTY COMPLAINT

A claim that a defending party may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.)—party defendant, for contribution, indemnity, subrogation or any other relief, in respect of his opponent’s claim. (Rule 6, Sec. 11)

A prerequisite to the exercise of such right is that some substantive basis for a third-party claim be found to exist, whether the basis be one of indemnity, subrogation, contribution or other substantive right. There must be a causal connection between the claim of the plaintiff in his complaint and a claim for contribution, indemnity or other relief of the defendant against the third-party defendant.

Requisites for a third-party action

• The party to be impleaded must not yet be a party to the action;
• The claim against the third-party defendant must belong to the original defendant;
• The claim of the original defendant against the third-party defendant must be based upon the plaintiffs claim against the original defendant; and
• The defendant is attempting to transfer to the third-party defendant the liability asserted against him by the original plaintiff. (Philtranco Services v. Paras, G.R. No. 161909, 25 April 2012).

Under Rule 6, Sec. 11 of the New Rules, the third (forth, etc.) party complaint shall be denied admission, and the court shall require the defendant to institute a separate action, where:

• the third (fourth, etc.) party defendant cannot be located within 30 calendar days from the grant of such leave;
• matters extraneous to the issue in the principal case are raised; or
• the effect would be to introduce a new and separate controversy into the action.

REPLY

A pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters.

If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint. However, the plaintiff may file a reply only if the defending party attaches an actionable document to his or her answer. (Rule 6, Sec. 10)

A party cannot, in his reply, amend his cause of action nor introduce therein any new or additional causes of action.

Kinds of Wills

• Notarial Will
• Holographic Will

Kinds of Declarations against Interests:

• Declaration against Pecuniary Interests those which may bar in whole or in part the declarant’s interests or which may give rise to a monetary claim against him.
• Declaration against Proprietary Interests - those which are at variance with the declarant’s property interests
• Declaration against Penal Interests - those which put the declarant at the risk of prosecution.