PLEADING MOTION

RULE 6/Kinds Of Pleadings RULE 15/Motions

Section 1. Pleadings defined. — Pleadings are the written statements of the respective Section 1. Motion defined. — A motion is
claims and defenses of the parties submitted to the court for appropriate judgment. (1a) an application for relief other than by a
pleading. (1a)
Section 2. Pleadings allowed. — The claims of a party are asserted in a complaint, Section 2. Motions must be in writings. —
counterclaim, cross-claim, third (fourth, etc.)-party complaint, or complaint-in- All motions shall be in writing except
intervention. those made in open court or in the course
of a hearing or trial. (2a)
The defenses of a party are alleged in the answer to the pleading asserting a claim Section 3. Contents. — A motion shall
against him. state the relief sought to be obtained and
the grounds upon which it is based, and if
An answer may be responded to by a reply. (n) required by these Rules or necessary to
prove facts alleged therein, shall be
Section 3. Complaint. — The complaint is the pleading alleging the plaintiff's cause or accompanied by supporting affidavits and
causes of action. The names and residences of the plaintiff and defendant must be stated other papers. (3a)
in the complaint. (3a) Section 4. Hearing of motion. — Except
for motions which the court may act upon
Section 4. Answer. — An answer is a pleading in which a defending party sets forth his
without prejudicing the rights of the
defenses. (4a)
adverse party, every written motion shall
be set for hearing by the applicant.
Section 5. Defenses. — Defenses may either be negative or affirmative.
Section 5. Notice of hearing. — The
(a) A negative defense is the specific denial of the material fact or facts alleged notice of hearing shall be addressed to all
in the pleading of the claimant essential to his cause or causes of action. parties concerned, and shall specify the
time and date of the hearing which must
(b) An affirmative defense is an allegation of a new matter which, while not be later than ten (10) days after the
hypothetically admitting the material allegations in the pleading of the claimant, filing of the motion. (5a)
would nevertheless prevent or bar recovery by him. The affirmative defenses Section 6. Proof of service necessary. —
include fraud, statute of limitations, release, payment, illegality, statute of frauds, No written motion set for hearing shall be
acted upon by the court without proof of
service thereof. (6a)
 estoppel, former recovery, discharge in bankruptcy, and any other matter by way Section 7. Motion day. — Except for
of confession and avoidance. (5a) motions requiring immediate action, all
motions shall be scheduled for hearing on
Section 6. Counterclaim. — A counterclaim is any claim which a defending party may Friday afternoons, or if Friday is a non-
have against an opposing party. (6a) working day, in the afternoon of the next
working day. (7a)
Section 7. Compulsory counterclaim. — A compulsory counterclaim is one which, Section 8. Omnibus motion. — Subject to
being cognizable by the regular courts of justice, arises out of or is connected with the the provisions of section 1 of Rule 9, a
transaction or occurrence constituting the subject matter of the opposing party's claim motion attacking a pleading, order,
and does not require for its adjudication the presence of third parties of whom the court judgment, or proceeding shall include all
cannot acquire jurisdiction. Such a counterclaim must be within the jurisdiction of the objections then available, and all
court both as to the amount and the nature thereof, except that in an original action objections not so included shall be deemed
before the Regional Trial Court, the counter-claim may be considered compulsory waived. (8a)
regardless of the amount. (n) Section 9. Motion for leave. — A motion
for leave to file a pleading or motion shall
Section 8. Cross-claim. — A cross-claim is any claim by one party against a co-party be accompanied by the pleading or motion
arising out of the transaction or occurrence that is the subject matter either of the sought to be admitted. (n)
original action or of a counterclaim therein. Such cross-claim may include a claim that Section 10. Form. — The Rules
the party against whom it is asserted is or may be liable to the cross-claimant for all or applicable to pleadings shall apply to
part of a claim asserted in the action against the cross-claimant. (7) written motions so far as concerns caption,
designation, signature, and other matters
Section 9. Counter-counterclaims and counter-crossclaims. — A counter-claim may
of form. (9a)
be asserted against an original counter-claimant.

A cross-claim may also be filed against an original cross-claimant. (n)

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. If a party does not file
such reply, all the new matters alleged in the answer are deemed controverted.
(Controverted means disputed against or denied or opposed)
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. (11)

Section 11. Third, (fourth, etc.)—party complaint. — A third (fourth, etc.) — party
complaint is 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. (12a)

Section 12. Bringing new parties. — When the presence of parties other than those to
the original action is required for the granting of complete relief in the determination of
a counterclaim or cross-claim, the court shall order them to be brought in as defendants,
if jurisdiction over them can be obtained. (14)

Section 13. Answer to third (fourth, etc.)—party complaint. — A third (fourth, etc.) —
party defendant may allege in his answer his defenses, counterclaims or cross-claims,
including such defenses that the third (fourth, etc.) — party plaintiff may have against
the original plaintiff's claim. In proper cases, he may also assert a counterclaim against
the original plaintiff in respect of the latter's claim against the third-party plaintiff. (n)

P1 v P2 D1 v D2 v 3rd or 4th or 5th

(Plaintiff 1) (Plaintiff 2) (Defendant 1) (Defendant 2)
Complaint (where P1 and/or Answer (where D1 and D2 sets
P2 allege/s their/his cause or forth their defenses (negative or
causes of action against D1 affirmative) against the
and/or D2) Complaint of P1 and/or P2.
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. If a party does not file
such reply, all the new matters
alleged in the answer are
deemed controverted.
Counterclaim is any claim
which a defending party may
have against an opposing party.

Any claim by D1 and/or D2

against P1 and/or P2.
Counter-counterclaim may be
asserted against an original
counter-claimant.

Any claim by P1 and/or P2

against D1 and/or D2.
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
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
original action or of a
counterclaim therein. Such
cross-claim may include a
claim that the party against
whom it is asserted is or may
be liable to the cross-claimant
for all or part of a claim
asserted in the action against
the cross-claimant. (7)
P1 v P2
Cross- Counter
claim cross-claim
action or of a counterclaim
therein. Such cross-claim may
include a claim that the party
against whom it is asserted is or
may be liable to the cross-
claimant for all or part of a
claim asserted in the action
against the cross-claimant. (7)
D1 v D2
Cross- Counter
claim cross-claim
Third, (fourth, etc.)—party complaint. — A third
(fourth, etc.) — party complaint is 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. (12a)
D1 and/or D2 v 3rd-, 4th-, 5th -Party
Grounds: (CISO)
Contribution
Indemnity
Subrogation
any Other relief in respect to his opponent’s (P1
and/or P2’s claim)
D1 and/or D2 v 3rd-, 4th-, 5th -Party
Third, (fourth, Answer to third (fourth,
etc.)—party etc.)—party complaint. — A
complaint. third (fourth, etc.) — party
 defendant may allege in his
answer his defenses,
counterclaims or cross-
claims, including such
defenses that the third
(fourth, etc.) — party
plaintiff may have against the
original plaintiff's claim. In
proper cases, he may also
assert a counterclaim against
the original plaintiff in
respect of the latter's claim
against the third-party
plaintiff. (n)
Section 12. Bringing new parties. — When the presence of parties other than those
to the original action is required for the granting of complete relief in the
determination of a counterclaim or cross-claim, the court shall order them to be
brought in as defendants, if jurisdiction over them can be obtained. (14)