Answer

Answer | Kinds of pleadings (RULE 6) | Pleadings | CIVIL PROCEDURE

Below is a comprehensive, meticulous discussion of the “Answer” under the Philippine Rules of Civil Procedure (primarily under Rule 6, in relation to Rules 7 to 11, and other pertinent provisions), reflecting both the 1997 Rules of Civil Procedure and the amendments introduced by the 2019 Revised Rules (effective May 1, 2020). While focused on ordinary civil actions, this overview will also touch on related rules and best practices.

I. NATURE AND PURPOSE OF AN ANSWER

  1. Definition

    • The Answer is the pleading in which a defending party (typically the defendant) sets forth their defenses by admitting or denying the material allegations in the plaintiff’s complaint and, when appropriate, stating any affirmative defenses or counterclaims.
    • It is the principal responsive pleading to the complaint (or other initiating pleading, such as a counterclaim, cross-claim, or third-party complaint).

  2. Function

    • An Answer joins the issues of fact and/or law raised by the complaint.
    • The defendant is expected to respond clearly and specifically to each material allegation, thereby narrowing down the points in controversy and guiding the court on the matters that truly need judicial resolution.
    • Failure to file an Answer within the prescribed period, or the filing of a defective answer, can result in the declaration of default (subject to the court’s discretion and the rules on default).

II. PERIOD TO FILE AN ANSWER

  1. Ordinary Period

    • Rule: Under the 2019 Amendments, the defendant must file an Answer within 30 calendar days from service of summons and a copy of the complaint.
    • If service of summons was made by publication (in exceptional cases), the period to answer runs from the date of the last publication.

  2. Extension of Time

    • Single Extension: The 2019 Revised Rules allow only one (1) motion for extension to file an Answer, which, if granted, shall not exceed 30 calendar days.
    • Meritorious Grounds: The motion must set out compelling or meritorious reasons. Routine or dilatory motions for extension are generally disfavored.

  3. Special Cases

    • Amended Complaint: If the complaint is amended as a matter of right (before an answer is filed), the defending party has another fresh period of 30 calendar days from service of the amended complaint to file a responsive pleading. If the amended complaint is filed after an answer has already been served (i.e., amendments not as a matter of right), the period to answer the amended complaint is typically 15 calendar days from notice of the court order admitting the amended complaint, unless a different period is fixed by the court.
    • Supplemental Complaint: A supplemental complaint is answered within the time specified by the court’s order allowing its admission.
    • Counterclaim or Cross-Claim: If a counterclaim or cross-claim is asserted against a party who has already appeared in the action, that party must answer within 20 calendar days from service of the counterclaim or cross-claim (Rule 11, Sec. 4).
    • Third (Fourth, etc.)-Party Complaint: The third-party defendant (or subsequent-party defendant) must answer within 30 calendar days from service of summons and the third-party (fourth-party, etc.) complaint.

III. FORM AND CONTENTS OF THE ANSWER

  1. Caption and Title

    • Must follow the same case title as in the complaint, indicating the name of the court, title of the action, docket number, and the designation (i.e., “Answer”).

  2. Body of the Answer

    • Admissions and Denials

      • The defendant must specifically admit or deny each material allegation of the complaint, setting forth the substance of the matters relied upon.
      • A mere general denial is not favored; the rules require specific denials where the defendant either:
        1. Denies only a part or a specific portion of an allegation and admits the remainder;
        2. Denies on the basis of lack of knowledge or information sufficient to form a belief as to the truth thereof (but must state the basis for such lack of knowledge);
        3. Denies because the fact alleged is untrue or inaccurate.
      • Effect of Failure to Deny: Allegations not specifically denied (except unliquidated damages) are deemed admitted.
      • Negative Pregnant: A form of denial so specific that it actually implies an admission of a substantial part of the allegation. A negative pregnant is generally construed against the party employing it.

    • Affirmative Defenses

      • Under the Rules, affirmative defenses include:
        1. Fraud, prescription, release, payment, illegality, statute of frauds, estoppel, res judicata, unenforceability under the statute of frauds, and other similar defenses.
        2. Non-compliance with conditions precedent, including lack of certification against forum shopping or defective verification.
        3. Lack of jurisdiction over the subject matter, improper venue, or when plaintiff has no legal capacity to sue.
        4. Other grounds that would warrant the dismissal of the complaint (e.g., extinction of the claim, bar by a prior judgment).
      • Consequences: Affirmative defenses, if not set up in the Answer (except lack of jurisdiction over the subject matter), may be deemed waived.
      • Treatment by the Court: If the affirmative defense is one of those which can result in the outright dismissal of the case (e.g., res judicata, prescription, lack of cause of action, etc.), the court is mandated to resolve such defenses within 30 calendar days from the filing of the answer (Rule 9, Sec. 4).

  3. Counterclaims

    • A defendant may incorporate in the Answer any counterclaim against the plaintiff. Counterclaims are classified as:
      1. Compulsory Counterclaim – Arises out of or is necessarily connected with the same transaction or occurrence that is the subject matter of the plaintiff’s claim; does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction; and must be within the jurisdiction of the court (both subject matter and amount in controversy).
      2. Permissive Counterclaim – Any claim against the plaintiff that is not compulsory; it may arise from a different transaction or occurrence.
    • Consequences of Failure to Plead Compulsory Counterclaim: A compulsory counterclaim not set up is generally barred forever, unless it falls under recognized exceptions (e.g., the claim has not matured at the time of answering).
    • Certification Against Forum Shopping: If the Answer contains a permissive counterclaim, or the total relief sought in a compulsory counterclaim is beyond the court’s jurisdiction, or there is a need to pay docket fees for the counterclaim, the defending party must comply with the requirements on certification against forum shopping and pay the appropriate docket fees.

  4. Cross-Claims

    • A defendant may incorporate any cross-claim against a co-party (e.g., co-defendant), provided it arises out of the transaction or occurrence that is the subject matter of the original action or a counterclaim therein.

  5. Prayer

    • The Answer should conclude with a statement of the specific relief sought (e.g., dismissal of the complaint, award of damages on a counterclaim).

  6. Signature and Verification

    • The Answer must be signed by the party or counsel.
    • Verification is generally not required for an ordinary Answer, except when the Answer sets forth a permissive counterclaim or in other instances required by the Rules. Nonetheless, if the Answer is verified, it must follow Rule 7, Sec. 4 requirements.
    • Certification Against Forum Shopping: Required if the Answer contains a permissive counterclaim or the defendant raises new claims that require payment of docket fees. For a purely defensive Answer without a permissive counterclaim, no certification is necessary.

IV. DEFENSES AND DENIALS IN DETAIL

  1. Negative Defenses

    • These challenge the truth or accuracy of the plaintiff’s allegations. For instance, the defendant avers that the factual allegations are false, or denies them for lack of knowledge.

  2. Affirmative Defenses (Reiterated)

    • Must be raised at the earliest opportunity. Examples include:
      • Lack of Jurisdiction Over the Subject Matter
      • Improper Venue
      • Plaintiff’s Lack of Legal Capacity to Sue
      • Prescription (Statute of Limitations)
      • Estoppel
      • Extinguishment of Obligation (Payment, Novation, Release, etc.)
      • Statute of Frauds
      • Res Judicata
      • Bar by a Prior Judgment
      • Non-compliance with a Condition Precedent (e.g., no earnest efforts to compromise in actions between family members, no barangay conciliation certificate in covered disputes)

  3. Effect of Failure to Raise Affirmative Defenses

    • As a general rule, affirmative defenses (other than lack of jurisdiction over the subject matter) are waived if not raised in the Answer.
    • If waived, the defendant typically cannot introduce evidence on these defenses later unless specifically allowed by the court on valid grounds.

V. SPECIAL RULES OR CONSIDERATIONS

  1. Answer in Summary Procedure

    • In cases governed by the Revised Rules on Summary Procedure (e.g., forcible entry and unlawful detainer, certain collection suits for sums not exceeding a certain threshold, etc.), the period to file an Answer is 10 calendar days from service of summons.
    • No motion for extension to file an Answer is generally allowed under summary procedure.

  2. Answer in Small Claims

    • For small claims actions, the defendant must file a Response (not called an “Answer” in strict terms) within the period stated in the summons (usually 10 days).
    • The rules on small claims are special and do not strictly follow the standard forms and procedures of an Answer under ordinary civil actions.

  3. Answer to Intervenor’s Complaint

    • If the court admits a complaint-in-intervention, the original parties affected by the intervenor’s claims must answer within 15 calendar days (or as fixed by the court) from notice of the order admitting the complaint-in-intervention.

  4. Amended and Supplemental Pleadings

    • If the plaintiff amends the complaint as a matter of right before the defendant files an Answer, the latter’s Answer is due within 30 days from service of the amended complaint.
    • If amended complaint is filed after an Answer is filed, or with leave of court, the Answer to the amended complaint is due within 15 days from notice of the court’s order admitting it (unless otherwise provided in that order).
    • The same logic applies, with modifications, to supplemental pleadings.

VI. EFFECT OF FAILURE TO FILE AN ANSWER: DEFAULT

  1. Declaration of Default

    • If the defendant fails to file an Answer (or a permissible motion to dismiss raising allowable grounds under the current rules) within the reglementary period, the plaintiff may move to declare the defendant in default.
    • If the court grants the motion and declares the defendant in default, the defendant loses standing to take part in the trial, except to receive notice of subsequent proceedings (subject to limited remedies such as a motion to lift the order of default).

  2. Remedy Against Order of Default

    • Before judgment, the defendant may file a verified motion showing fraud, accident, mistake, or excusable negligence (FAME) or that the defendant has a meritorious defense.
    • After judgment but before its finality, the remedy is typically a motion for new trial, appeal, or petition for relief from judgment (if the reglementary periods or conditions are satisfied).

VII. LEGAL ETHICS CONSIDERATIONS

  1. Candor and Truthfulness

    • A lawyer must not insert allegations or denials that are unfounded in fact and must avoid frivolous or dilatory pleadings. (Code of Professional Responsibility)

  2. Avoiding Delay

    • Lawyers must respect the rules on periods and not file frivolous motions for extension. Rule 138 of the Rules of Court and relevant Canons of Professional Responsibility enjoin lawyers to assist in the speedy administration of justice.

  3. Compliance with Certification Requirements

    • When the Answer contains a counterclaim requiring a certification against forum shopping (particularly a permissive counterclaim), a lawyer must ensure compliance to avoid dismissal or expunging of the claim.

  4. Conflicts of Interest

    • If the Answer includes cross-claims against co-defendants or third-party complaints, counsel must ensure no conflict of interest arises that impairs representation.

VIII. BEST PRACTICES IN DRAFTING AN ANSWER

  1. Conduct a Thorough Factual Investigation

    • Ascertain all relevant facts to admit or deny accurately.
    • Identify potential affirmative defenses early (e.g., prescription, improper venue, lack of jurisdiction).

  2. Use Specific Denials

    • Whenever contesting a material allegation, specify the portion denied, the portion admitted, and the basis (i.e., untruth, insufficient knowledge, etc.).
    • Avoid a “negative pregnant” or purely general denials.

  3. Highlight Affirmative Defenses

    • Present them clearly under a heading like “Special and Affirmative Defenses,” referencing rule provisions if needed.
    • If any ground for dismissal is present (e.g., lack of cause of action, bar by prior judgment, prescription), state them clearly, as the court must act on such defenses within 30 days.

  4. Include Compulsory Counterclaims

    • Carefully determine whether a counterclaim is compulsory or permissive.
    • If compulsory, it must be pleaded in the same case to avoid being barred.
    • For permissive counterclaims, include the necessary certification and pay docket fees if you want them adjudicated in the same proceeding.

  5. Observe Ethical Standards

    • Ensure sincerity and honesty in the claims, defenses, and verifications.
    • Avoid boilerplate or template denials that could be construed as misleading or unprofessional.

  6. Respect Page Limits and Format

    • Some courts or judicial regions impose page or formatting guidelines (margins, font size). Adhere strictly to local practice notes to avoid technical issues.

IX. CONCLUSION

The Answer is a critical defensive pleading in Philippine civil litigation. It is governed by strict rules on form, content, timeliness, and ethical considerations. Mastery of how to craft an Answer—particularly in identifying and properly pleading negative and affirmative defenses, as well as compulsory counterclaims—is crucial to protecting the defendant’s interests and preventing procedural defaults. The 2019 Revised Rules of Civil Procedure further emphasize judicial efficiency and fairness by requiring that certain affirmative defenses be resolved expeditiously and that lawyers practice diligence and candor in their submissions.

Ultimately, understanding and applying the procedural rules on Answers not only ensures compliance but also positions the defending party to properly ventilate all available defenses, fully join the issues, and assist in the speedy and just disposition of the case.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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