Rule 6: Kinds of Pleadings
Section 1: Pleadings Defined
• Pleadings are written statements of the respective claims and defenses of the
parties submitted to the court for appropriate judgment.
Section 2: Pleadings Allowed
• The pleadings allowed are:
1. Complaint
2. Answer
3. Counterclaim
4. Cross-claim
5. Third (fourth, etc.)-party complaint
6. Complaint-in-intervention
7. Reply
Section 3: Complaint
• A 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.
Section 4: Answer
• An answer is a pleading in which a defending party sets forth his defenses. It
may include:
o Negative defenses: Denial of the material facts alleged in the complaint.
o Affirmative defenses: Allegation of new matters which, while admitting
the material allegations of the complaint, would nevertheless prevent or
bar recovery by the plaintiff.
Section 5: Defenses
• Defenses may either be negative or affirmative:
o Negative defenses: Specific denials of the material facts alleged in the
complaint.
o Affirmative defenses: Allegations of new matters which, while admitting
the material allegations of the complaint, would nevertheless prevent or
bar recovery by the plaintiff.
Section 6: Counterclaim
• A counterclaim is any claim which a defending party may have against an
opposing party. It may be:
o Compulsory: Arising out of or connected with the transaction or
occurrence constituting the subject matter of the opposing party’s claim.
o Permissive: Any other claim against an opposing party.
Section 7: Cross-claim
• A cross-claim is any claim by one party against a co-party arising out of the
transaction or occurrence that is the subject matter either of the original action or
of a counterclaim therein.
Section 8: Third (fourth, etc.)-party complaint
• A third-party complaint is a claim that a defending party may, with leave of
court, file against a person not a party to the action, for contribution, indemnity,
subrogation, or any other relief, in respect of the opponent’s claim.
Section 9: Complaint-in-intervention
• A complaint-in-intervention is a pleading whereby a third party, not originally a
party to the action, seeks to become a party.
Section 10: Reply
• A reply is 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.
Rule 7: Parts of a Pleading
Section 1: Caption
• Every pleading must have a caption setting forth the name of the court, the title
of the action, and the docket number if assigned.
Section 2: The Body
• The body of the pleading must contain:
1. Paragraphs: Numbered consecutively, each containing a single
allegation.
2. Headings: For different causes of action or defenses.
3. Relief: A statement of the relief sought, specifying the amount of damages
if applicable.
Section 3: Signature and Address
• Every pleading must be signed by the party or counsel, indicating their address.
The signature certifies that the signer has read the pleading, believes there is
good ground to support it, and that it is not for delay.
Section 4: Verification
• A pleading is verified by an affidavit stating that the affiant has read the pleading
and that the allegations are true and correct based on personal knowledge or
authentic records.
Section 5: Certification Against Forum Shopping
• The plaintiff or principal party must certify under oath that they have not
commenced any action involving the same issues in any court, tribunal, or quasi-
judicial agency, and if there is such other pending action, a complete statement
of the present status thereof.
Rule 8: Manner of Making Allegations in Pleadings
Section 1: In General
• Allegations must be concise and direct.
Section 2: Alternative Causes of Action or Defenses
• A party may set forth two or more statements of a cause of action or defense
alternately or hypothetically.
Section 3: Conditions Precedent
• Conditions precedent must be averred.
Section 4: Capacity
• Facts showing the capacity of a party to sue or be sued must be averred.
Section 5: Fraud, Mistake, Condition of the Mind
• Circumstances constituting fraud or mistake must be stated with particularity.
Section 6: Judgment
• A judgment must be averred.
Section 7: Action or Defense Based on Document
• The substance of the document must be set forth.
Section 8: How to Contest Genuineness of Actionable Document
• The genuineness and due execution of the document must be specifically
denied.
Section 9: Official Document or Act
• An official document or act must be averred.
Section 10: Specific Denial
• A defendant must specifically deny each material allegation of the complaint.
Section 11: Allegations Not Specifically Denied
• Allegations not specifically denied are deemed admitted.
Rule 9: Effect of Failure to Plead
Section 1: Defenses and Objections Not Pleaded
• Defenses and objections not pleaded are deemed waived, except for lack of
jurisdiction, litis pendentia, res judicata, and prescription.
Section 2: Compulsory Counterclaim or Cross-claim Not Set Up
• A compulsory counterclaim or cross-claim not set up is barred.
Section 3: Default
• If the defending party fails to answer within the time allowed, they may be
declared in default.
Rule 10: Amended and Supplemental Pleadings
Section 1: Amendments in General
• A party may amend their pleading once as a matter of right before a responsive
pleading is served.
Section 2: Amendments to Conform to or Authorize Presentation of Evidence
• When issues not raised by the pleadings are tried by express or implied consent,
they are treated as if they had been raised in the pleadings.
Section 3: Relation Back of Amendments
• An amendment relates back to the date of the original pleading when it arises out
of the same conduct, transaction, or occurrence.
Section 4: Supplemental Pleadings
• Upon motion, a party may serve a supplemental pleading setting forth
transactions, occurrences, or events which have happened since the date of the
pleading sought to be supplemented.
Section 5: Form of Amendments
• Amendments must be indicated by appropriate marks.
