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1997 Rules on Civil Procedure 2001 Edition

Rule 11 When to File Responsive Pleadings

Rule 11

WHEN TO FILE RESPONSIVE PLEADINGS


What are discussed in this rule are periods. The question when a defendant wants to file an answer is, How man da s does he have!" There must #e a deadline. Rule 11 applies to all persons $ natural and %uridical such as a corporation.
SECTION 1. Answer to the complaint. The defendant shall file his ans er to the co!"laint ithin fifteen #l$% da&s after service of su!!ons' unless a different "eriod is fi(ed )& the court. #1a%

&ection 1 is the '()(R*+ R,+( $ the defendant has a period of 1- da s after service of summons within which to file his answer. The procedure is when a plaintiff files a complaint in court, the court will issue summons .which is the counterpart of warrant of arrest in criminal cases/. The sheriff of the court will loo0 for the defendant and serve him a cop of the complaint. From that da on, the defendant has 1- da s to file his answer. The rules sa s, unless a different period is fi1ed # the court." That would #e the (23(PT45) to the 1-6da period to file answer. )ow, when are these instances when the court ma fi1 a different period! The are those mentioned in Rule 17, &ections 17, 1-, and 18 $ ung tinatawag service of summons # pu#lication. +et9s give e1ample to the general rule. (2*:P+(; 4f the defendant is served with a cop of the complaint and summons toda .<anuar 1=,1>>?/, the last da to file an answer will #e <anuar @?, 1>>?. <ust add 1- da s to <anuar 1=. 4n computing the a period, ou follow the rule 0nown as e1clude the first, include the last da rule" under *rticle 1= of the )ew 3ivil 3ode. 4 thin0 ou 0now how to appl that. When ou receive the complaint toda or when ou are summoned toda , ou start counting the period tomorrow. &uch rule is also found in &ection 1 of Rule @@ on 3omputation of Time;
Rule 22' Sec. 1. How to compute time. * In co!"utin+ an& "eriod of ti!e "rescri)ed or allo ed )& these Rules' or )& order of the court' or )& an& a""lica)le statute' the da& of the act or event fro! hich the desi+nated "eriod of ti!e )e+ins to run is to )e e(cluded and the date of "erfor!ance included. If the last da& of the "eriod' as thus co!"uted' falls on a Saturda&' a Sunda&' or a le+al holida& in the "lace here the court sits' the ti!e shall not run until the ne(t or,in+ da&. #n%

.The following discussions on Transcription A1>>B61>>?C;/

Rule @@ are ta0en from the Remedial +aw Review

&o ou see, ito .&ection 1, Rule @@/ ung the act itself from which the designated period of time where the case will run is to #e e1cluded. :eaning, when ou receive the summons, ou count one #ut toda is e1cluded and of course the last da is included. *nd if the last da is the ne1t wor0ing da . *; 4t is done on the ne1t #usiness da . Here, there is an automatic e1tension.
Sec. 2. Effect of interruption. Should an act )e done hich effectivel& interru"ts the runnin+ of the "eriod' the allo a)le "eriod after such interru"tion shall start to run on the da& after notice of the cessation of the cause thereof. The da& of the act that caused the interru"tion shall )e e(cluded in the co!"utation of the "eriod. #n%

*lright, a good e1ample of this is period to file an answer which is 1- da s. *nd then ou filed a motion to dismiss under Rule 18 somewhere in #etween. )ow, what is the principle to #e remem#ered here!

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1997 Rules on Civil Procedure 2001 Edition

Rule 11 When to File Responsive Pleadings

The filing of the motion to dismiss will now #e interrupt the running of the 1-6da period. *nd when our motion is denied, if ou receive the order of the denial now, ou continue computing the #alance within the remaining period to file our answer. )ow, some people can9t understand this second sentence $ The da of the act that caused the interruption shall #e e1cluded in the computation of the period." :an are wondering 0ung ano #a ang i#ig sa#ihin nitoD The meaning of this is e1emplified in the case of LABITAD vs. CA .<ul 1B, 1>>-/. For (2*:P+(; We will assume that on )ovem#er =E .end of the month/, ou were served with summons # the court. &o ou have 1- da s to file our answer from )ovem#er =E. +et us sa , on Fecem#er 1E, ou filed a motion to dismiss under Rule 18. &o, the remaining of the period to file an answer is interrupted. *nd let us sa on Fecem#er 1- or - da s thereafter, our motion was denied, ou receive a cop of the order of denial. : G,(&T45) is, how man da s! da s more do ou have or left to file our answer! Five

How man da s did ou consume! From )ovem#er =E to Fecem#er 1E H 1E da s. Tapos, Fecem#er 1E to Fecem#er 1- H not counted. *nd ou still have - da s, so Fecem#er @E, di #a! )ow if ou as0 ma%orit of law ers here, the will give the same answer. I,T according to LABITAD, that computation is wrong. Jou actuall have si1 .8/ da s. &o our deadline to file ou notice to appeal is Fecem#er @1. Wh ! *0ala 0o #a the filing of the motion to dismiss interrupts! )ow, when did ou file our motion! Fecem#er 1E. Therefore, Fecem#er 1E is not counted #ecause it is alread interrupted. &o actuall , ou did not consume 1E da s #ut onl > da s. That is the e1planation of the &3 in the case of LABITAD $ the da ou filed our motion to dismiss is alread e1cluded. &o ou onl count Fecem#er 1 to >. This is the illustration of the sentence the da the act which caused the interruption is e1cluded in the computation of t tie period." 4++,&TR*T45); )ovem#er =E Fefendant received &ummons Fecem#er 1E Fefendant filed a :otion to Fismiss Fecem#er 1:otion to Fismiss is denied. Fecem#er @1 Feadline to file the *nswer

*lright, let9s go #ac0 to Rule 11;


Sec. 2. Answer of a defendant foreign private juridical entity. 0here the defendant is a forei+n "rivate 1uridical entit& and service of su!!ons is !ade on the +overn!ent official desi+nated )& la to receive the sa!e' the ans er shall )e filed ithin thirt& #20% da&s after recei"t of su!!ons )& such entit&. #2a%

The defendant here is a foreign private %uridical entit . :eaning, a foreign corporation doing #usiness in the Philippines. 4n the first place, one cannot sue a foreign private corporation which is not doing #usiness in the Philippines #ecause there is no wa that the court can acquire %urisdiction over the person of such corporation. 4f the foreign private corporation is doing #usiness in the Philippines, then one can sue it here in the Philippines. (2*:P+(&; &un +ife of 3anadaK 3hina *irlines .3*+/, 3atha Pacific, etc.

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Rule 11 When to File Responsive Pleadings

G; )ow, what is the period to answer when the defendant is a foreign private corporation doing #usiness in the Philippines! *; 4t F(P()F&; a./ When the foreign corporation has a designated resident agent, the summons shall #e served to the resident agent, and he has 1- da s to answer, %ust li0e an defendants in &ection 1. #./ 5n the other hand, if the foreign corporation does not have an designated resident agent in the Philippines, then under the 3orporation 3ode, the summons shall #e served to the government official designated # law to receive the same, who is dut #ound to transmit it to the head office of the corporation a#road. *nd the corporation now has =E da s from receipt of summons to file its answer. &o it is either 1- or =E da s. G; )ow, who is this proper government official designated # law to receive summons! *; 'enerall , it is the &ecretar of the Fepartment of Trade and 4ndustr . Iut for some t pes of #usiness, the law ma designate an other official. +i0e the foreign corporation to #e sued is a foreign insurance compan .e.g. &un +ife of 3anada/, under 4nsurance 3ode, ou serve it to the 4nsurance 3ommissioner. 5r if it is a foreign #an0 which has #ranch here, ou serve the summons to the &uperintendent of the Iang0o &entral ng Pilipinas.
Sec. 2. Answer to amended complaint. 0here the "laintiff files an a!ended co!"laint as a !atter of ri+ht' the defendant shall ans er the sa!e ithin fifteen #l$% da&s after )ein+ served ith a co"& thereof. 0here its filin+ is not a !atter of ri+ht' the defendant shall ans er the a!ended co!"laint ithin ten #10% da&s fro! notice of the order ad!ittin+ the sa!e. .n ans er earlier filed !a& serve as the ans er to the a!ended co!"laint if no ne ans er is filed. This Rule shall a""l& to the ans er to an a!ended counterclai!' a!ended cross*clai!' a!ended third #fourth' etc.% "art& co!"laint' and a!ended co!"laint*in*intervention. #2a%

)ow, what is the period to file an answer to an amended complaint! ,nder &ection =, there are two .@/ periods $ first paragraph, 1- da sK second paragraph, 1E da s. )ow what is the difference! &uppose the complaint is amended as a matter of right #ecause defendant has not et filed an answer. :eaning, the complaint is served on ou and even #efore ou answer it was amended and another complaint is served, then ou have 1- da s to file our answer counted from the da of service of the amended complaint. &o forget the original period and ou have 1- da s all over again. Iut suppose the defendant has alread answered the original complaint and then the plaintiff decides to amend his complaint which under the previous rule, is a matter of %udicial discretion. )ow, suppose the court issued an order admitting the amended complaint and the defendant is furnished of the cop of the order admitting the amended complaint. Therefore, if he wants to answer the amended complaint, he has 1E da s to do it and not 1- da s. The 1E6da period will #e counted from service of the order admitting the amended complaint, not from the service of the amended complaint #ecause the same ma not #e admitted. Jou wait for the order of the court admitting the amended complaint. &o, there are two .@/ periods to file an answer to an amended complaint. G; &uppose 4 will not file an answer to the amended complaint. 4 filed an answer to the original complaint #ut 4 did not file an answer to the amended complaint, can 4 #e declared in default!

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1997 Rules on Civil Procedure 2001 Edition

Rule 11 When to File Responsive Pleadings

*; )5, #ecause &ection = provides that the answer earlier filed ma serve as an answer to the amended complaint if no answer is filed. +i0e when the amendment is onl formal, wh will 4 answer! 4n other words, m defenses to the original complaint is still applica#le. &o the principle is; if no answer is filed to the amended complaint, the answer to the original complaint automaticall serves as the answer to the amended complaint and therefore the defendant cannot #e declared in default. *lright, the third paragraph of &ection = is new. &o, 0asama na i ung amended counterclaims, amended cross6claims.
Sec. 3. Answer to counterclaim or cross-claim. . counterclai! or cross*clai! !ust )e ans ered ithin ten #l0% da&s fro! service. #3%

)ow, if ou answer a counterclaim or cross6claim, ou have &ection 7. The period to file an answer to a counterclaim or cross6claim is onl ten .1E/ da s from the time it is served. G; What happens if the plaintiff does not answer the counterclaim of the defendant! *; He can #e declared in default on the counterclaim. He has still standing to prove his cause of action in the main case #ut he loses his standing to defend himself in the counterclaim. G; *re there instances where an answer to a counterclaim is optional! :eaning, the plaintiff does not answer and he cannot #e declared in default. *; J(&, that is when the counterclaim is so intertwined with the main action $ the are so intertwined that if the plaintiff would answer the counterclaim, it would onl #e a repetition of what he said in his complaint. 4n this case, even if the plaintiff will not answer, he cannot #e declared in default. (2*:P+(; The plaintiff filed a case against the defendant for damages arising from a vehicular collision. *ccording to the plaintiff, #ecause of the negligence of the defendant, the plaintiff9s vehicle was damaged amounting to that much. &o the cause is quasi 6delict. )ow in his answer, defendant sa s no and he denied the lia#ilit and he files a counterclaim sa ing, *s a matter of fact, it is the plaintiff who is negligent. *nd since m vehicle was damaged, 4 am now claiming damages against him." &o practicall , the issue on negligence is #eing thrown #ac0. )ow, the plaintiff did not answered the counterclaim, can he #e declared in default! )5, #ecause if ou require the plaintiff to file an answer, what will he sa ! The same, )5, ou were the one at faultD" &o, uulitin na naman ni a L ung sina#i ni a in his complaint. 4t is alread repetitions. Jan, so that is one of the e1ceptions.
Sec. $. Answer to third (fourth, etc.)- party complaint. The ti!e to ans er a third #fourth' etc.%* "art& co!"laint shall )e +overned )& the sa!e rule as the ans er to the co!"laint. #$a% Sec. 4. Reply. . re"l& !a& )e filed "leadin+ res"onded to. #4% ithin ten #l0% da&s fro! service of the

4f ou want to file a repl , ou have ten .1E/ da s to file. Iut as a general rule, the filing of a repl is optional.
Sec. 7. Answer to supplemental complaint. . su""le!ental co!"laint !a& )e ans ered ithin ten #10% da&s fro! notice of the order ad!ittin+ the sa!e' unless a different "eriod is fi(ed )& the court. The ans er to the co!"laint shall serve as the ans er to the su""le!ental co!"laint if no ne or su""le!ental ans er is filed. #n%

4t follows the same rule as in &ection =, second paragraph. * supplemental complaint ma #e answered in ten .1E/ da s. The computation is again from notice of the order admitting the same.

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&uppose 4 will not answer the supplemental complaint! The same principle $ the answer to the original complaint shall serve as the answer to the supplemental complaint. &o it follows the same principle as the amended complaint in the second paragraph of &ection =.
Sec. 5. E isting counterclaim or cross-claim. . co!"ulsor& counterclai! or a cross*clai! that a defendin+ "art& has at the ti!e he files his ans er shall )e contained therein. #5a' R4%

5ne of the requisites to ma0e a counterclaim compulsor is that the defending part has the counterclaim at the time he files his answer. This is related with &ection B, Rule 8.
Sec. 9. !ounterclaim or cross-claim arising after answer. a cross*clai! hich either !atured or as ac6uired )& a "art& "leadin+ !a&' ith the "er!ission of the court' )e "resented or a cross*clai! )& su""le!ental "leadin+ )efore 1ud+!ent. #9' . counterclai! or after servin+ his as a counterclai! R4%

Sec. 10. "mitted counterclaim or cross-claim. 0hen a "leader fails to set u" a counterclai! or a cross*clai! throu+h oversi+ht' inadvertence' or e(cusa)le ne+lect' or hen 1ustice re6uires' he !a&' )& leave of court' set u" the counterclai! or cross*clai! )& a!end!ent )efore 1ud+!ent. #2a' R9%

(1isting counterclaims or cross6claims, tapas na ito ano! We alread discussed this #efore. *s a matter of fact, &ections > and 1E illustrates the distinction #etween an amended pleading to a supplemental pleading. 4f the counterclaim or cross6claim was acquired # a part after serving his pleading, he ma raised it # wa of supplemental pleading. Iut if a pleader fails to set up a counterclaim or a cross6claim which is alread matured when he filed his pleading due to inadvertence or e1cusa#le neglect, then he wa raise it # wa of amended pleading.
Sec. 11. E tension of time to plead. 7"on !otion and on such ter!s as !a& )e 1ust' the court !a& e(tend the ti!e to "lead "rovided in these Rules. The court !a& also' u"on li,e ter!s' allo an ans er or other "leadin+ to )e filed after the ti!e fi(ed )& these Rules. #7%

The period to file is 1- or 1E da s, #ut the general rule is 1- da s. G; )ow, is the 1-6da period e1tendi#le! *; J(&, upon motion and on such terms as ma #e %ust, the court ma e1tend the time to plead. )ormall , the law er will file a motion for e1tension of time to answer on the 1-th, the 17th, or the 1=th da . That9s ver common. The common reason of the law ers for the e1tension is pressure of wor0 $ maraming tra#aho #a. 5thers are #ecause of the traditional maMana ha#it. We usuall act during the deadline. Ta0e note that when ou file our motion for e1tension, do it within the original 1-6da period. Fo not file our motion on the 18th da #ecause there is nothing to e1tend. &o the e1tension is usuall filed within the 1-6da period. G; )ow what happens if the law er fails to file such a motion! &o naglampas na ung 1- da s. *nd then on the 1?th, he will now file an answer. Practicall out of time na an #ecause the 1-6da period alread e1pired and he did not as0 an motion for e1tension. )ow what should the law er do! *; The law er can use the second paragraph, The court ma also, upon li0e terms, allow an answer or other pleading to #e filed after the time fi1ed # these Rules." The correct motion is :5T45) T5 *F:4T +*T( *)&W(R."

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Rule 11 When to File Responsive Pleadings

(2*:P+(; The deadline is = da s ago. 4 failed to file m answer #ut now it is read . &o, motion to admit #elated answer." )ormall , the courts here are li#eral in allowing e1tensions. The general rule is that the court frowns on default. *s such as possi#le #oth sides must #e heard. &o in the spirit of li#eralit , courts are usuall li#eral in allowing these e1tensions in time to file answers. 4 still have to see a %udge na i6den an. &tandard na an, eh. SUMMARY OF TIME TO FILE RESPONSIVE PLEADINGS PLEADING PERIOD 1./ *nswer @./ *nswer of a private foreign corporation a./ with designated Philippine representative #./ no designated Philippine representative =./ *nswer to an amended complaint a./ if as a matter of right #./ if as a matter of %udicial discretion 7./ *nswer to counterclaim or cross6claim -./ *nswer to third .fourth, etc./ part complaint 8./ Repl B./ *nswer to supplemental complaint 1- da s 1- da s =E da s 1- da s 1E da s 1E da s 1- da s 1E da s 1E da s

published by LAKAS ATENISTA 1997 1998: FOURTH YEAR: Anna Vanessa Angeles Glenda Buhion ose!h "a#$in %as$illo Aa#on Phili! %#u& Pea#l' oan a'agan Ande#son Lo (ogie "a#$i#i&a# F#e)el'n "e*ia Do#o$h' "on$e*o Ro+ena Panales Regina Sison Ru,' Tele#on "a#ilou Ti-,ol "a)es$e .' Pe#la Vi)en)io Li,e#$' Wong ude /a-o#a Special Thanks to: "a#issa %o##ales and ul' Ro-ena SE ON! YEAR: onal'n Adiong E-il' Ali0o 1a#en Allones ose!h A!ao "elod' Penelo!e Ba$u Ge--a Be$onio Ro)2' %a,a##oguis %ha#ina %a,#e#a "a#lon %as)ue*o "i2e %as$a0os 1a#en de Leon %he##' F#ondo&o ude Fuen$es "aila Ilao Ilai Llena Ro)2' "ala2i enn' Na-o) Ines Pa!a'a enni3e# Ra-os Paisal Tan*ili

LAKAS ATENISTA "##1"##": RE$ISION O%%ITTEE: "elissa Sua#e& essa-'n Agus$in udee .' ani)e oanne To##es Genie Sal4ania P)hes Fe#nande& Rie&l Lo)sin 1enne$h Li- %ha#les %on)on Ro' A)ela# F#an)is A-!ig 1a#en %a)a,elos "a'ing Dadula Hannah E5a-en Thea Guadalo!e "'#a "on$e)al4o Paul Ong2ing)o "i)hael Pi$o Rod 6uia)hon "a'a 6ui$ain Rina Sa)dalan L'le San$os oshua Tan Thaddeus Tu,u#an ohn Ve#a %#u& "o#$-o#$

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