RULE 6
Kinds Of Pleadings
(as amended by A.M. 19-10-20-SC or the
2019 Proposed Amendments to the 1997 Rules of Civil Procedure)

Section 1. Pleadings defined. — Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment. (1)

Section 2. Pleadings allowed. — The claims of a party are asserted in a complaint, counterclaim, cross-claim, third (fourth, etc.)-party complaint, or complaint-inintervention.

The defenses of a party are alleged in the answer to the pleading asserting a claim against him or her.

An answer may be responded to by a reply only if the defending party attaches an actionable document to the answer. (2a) 

Section 3. Complaint. — The complaint is the pleading alleging the plaintiff’s or claiming party’s cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint. (3a) 

Section 4. Answer. — An answer is a pleading in which a defending party sets forth his or her defenses. (4a)

Section 5. Defenses. — Defenses may either be negative or affirmative.

(a) A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his or her cause or causes of action.

(b) An affirmative defense is an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him or her. The affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance. 

Affirmative defenses may also include grounds for the dismissal of a complaint, specifically, that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment. (5a) 

Section 6. Counterclaim. — A counterclaim is any claim which a defending party may have against an opposing party. (6)

Section 7. Compulsory counterclaim. — A compulsory counterclaim is one which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the Regional Trial Court, the counter-claim may be considered compulsory regardless of the amount. A compulsory counterclaim not raised in the same action is barred, unless otherwise allowed by these Rules.(7a)

Section 8. 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. Such cross-claim may cover all or part of the original claim. (8a)

Section 9. Counter-counterclaims and counter-crossclaims. — A counter-claim may be asserted against an original counter-claimant.

A cross-claim may also be filed against an original cross-claimant. (9)

Section 10. Reply. — All new matters alleged in the answer are deemed controverted. 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.

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 in, or relating to, said actionable document.

In the event of an actionable document attached to the reply, the defendant may file a rejoinder if the same is based solely on an actionable document. (10a)

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 or her opponent's claim. 

The third (fourth, etc.)-party complaint shall be denied admission, and the court shall require the defendant to institute a separate action, where: (a) the third (fourth, etc.)-party defendant cannot be located within thirty (30) calendar days from the grant of such leave; (b) matters extraneous to the issue in the principal case are raised; or (c) the effect would be to introduce a new and separate controversy into the action. (11a)

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. (12)

Section 13. Answer to third (fourth, etc.)-party complaint. — A third (fourth, etc.)-party defendant may allege in his or her answer his or her 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. (13)


NOTES:

From Dean Ma. Soledad Deriquito-Mawis' Lecture

● Reply is only required when an Answer is founded on an actionable document.

● You only need to file a Reply if you want to deny the due execution and authenticity of an actionable document which was attached to the Answer.

● An “actionable document” is a written instrument or document on which an action or defense is founded.  It may be pleaded in either of two ways:
  1. by setting forth the substance of such document in the pleading and attaching the document thereto as an annex, or
  2. by setting forth said document verbatim in the pleading. (Metrobank v. Ley Construction, G.R. No. 185590, December 03, 2014)
● The actionable document must be attached to the Answer. 

● An Answer may contain the following:
  1. Admissions;
  2. Specific Denials
  3. Affirmative Defenses which are the grounds raised in the former Rule 116.
Rule 16 is totally repealed by A.M. No. 19-10-20-SC. The grounds for motion to dismiss formerly enumerated in the former Rule 16 may now be raised in the Answer as and by way of affirmative defenses.
  1. That the court has no jurisdiction over the person of the defending party;
  2. That the court has no jurisdiction over the subject matter of the claim;
  3. That venue is improperly laid;
  4. That the plaintiff has no legal capacity to sue;
  5. That there is another action pending between the same parties for the same cause;
  6. That the cause of action is barred by a prior judgment or by the statute of limitations;
  7. That the pleading asserting the claim states no cause of action;
  8. That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or otherwise extinguished;
  9. That the claim on which the action is founded is enforceable under the provisions of the statute of frauds; and
  10. That a condition precedent for filing the claim has not been complied with.
A motion to dismiss can only be filed now on four (4) grounds:
  1. That the court has no jurisdiction over the subject matter of the claim;
  2. That there is another action pending between the same parties for the same cause (Litis Pendencia); and
  3. That the cause of action is barred by a prior judgment or by the statute of limitations (Res Judicata and Prescription) (Section 12, Rule 15, as amended).
The court, on its own, can dismiss the complaint when it appears from the pleadings or the evidence on record that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment or by statute of limitations (Section 1, Rule 9, as amended).

1. Complaint
2. Answer 
3. Amended or Supplemental Complaint - If the answer is not founded on an actionable document and the plaintiff wishes to interpose any claims arising out of the new matters so alleged in the Answer.

1. Complaint
2. Answer 
3. Reply - Only if the Answer is founded on an actionable document 

1. Complaint
2. Answer 
3. Reply - If the Answer is founded on an actionable document 
4. Rejoinder - If the Reply is based solely on an actionable document