RULE 9

EFFECT OF FAILURE TO PLEAD

Section 1. Defenses and objections not pleaded. — Defenses and objections not
pleaded either in a motion to dismiss or in the answer are deemed waived. However,
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, the court shall dismiss the claim.

 Motion to Dismiss can be filed within the period to file a responsive pleading
 The requirement that a motion to dismiss should be filed within the time for filing
the answer is not absolute. Even after an answer has been filed, a defendant can
still file a motion to dismiss on the following grounds: (1) lack of jurisdiction,
(2) litis pendentia (3) lack of cause of action, and (4) discovery during trial of
evidence that would constitute a ground for dismissal. Litis pendentia is also one
of the grounds that authorize a court to dismiss a case motu proprio.
(Panganiban v. Pilipinas Shell Petroleum Corporation, GR No. 131471, 22
January 2003)

Section 2. Compulsory counterclaim, or cross-claim, not set up barred. — A compulsory

counterclaim, or a cross-claim, not set up shall be barred.

Section 3. Default; Declaration of. — If the defending party fails to answer within the
time allowed therefor, the court shall, upon motion of the claiming party with notice to
the defending party, and proof of such failure, declare the defending party in default.
Thereupon, the court shall proceed to render judgment granting the claimant such relief
as his or her pleading may warrant, unless the court in its discretion requires the
claimant to submit evidence. Such reception of evidence may be delegated to the clerk
of court.

(a) Effect of order of default. — A party in default shall be entitled to notices of

subsequent proceedings but shall not take part in the trial.

(b) Relief from order of default. — A party declared in default may at any time after
notice thereof and before judgment, file a motion under oath to set aside the
order of default upon proper showing that his or her failure to answer was due to
fraud, accident, mistake or excusable negligence and that he or she has a
meritorious defense. In such case, the order of default may be set aside on such
terms and conditions as the judge may impose in the interest of justice.

(c) Effect of partial default. — When a pleading asserting a claim states a common
cause of action against several defending parties, some of whom answer and the
others fail to do so, the court shall try the case against all upon the answers thus
filed and render judgment upon the evidence presented.
 (d) Extent of relief to be awarded. — A judgment rendered against a party in default
shall neither exceed the amount or be different in kind from that prayed for nor
award unliquidated damages.

(e) Where no defaults allowed. — If the defending party in an action for annulment or
declaration of nullity of marriage or for legal separation fails to answer, the court
shall order the Solicitor General or his or her deputized public prosecutor, to
investigate whether or not a collusion between the parties exists, and if there is
no collusion, to intervene for the State in order to see to it that the evidence
submitted is not fabricated

 Before judgment by default, the remedy is to file a motion to set aside order of
default based on fraud, honest mistake and excusable negligence with the
required affidavit of merit.
 Is Rule 47 a remedy? Yes but it is limited to extrinsic fraud.
 The remedies available to a defendant validly declared in default, as follows: (1)
a motion to set aside the order of default under Section 3(b), Rule 9 of the Rules
of Court, if the default was discovered before judgment could be rendered; (2) a
motion for new trial under Section 1(a) of Rule 37, if the default was discovered
after judgment but while appeal is still available; (3) a petition for relief under
Rule 38, if judgment has become final and executory; and (4) an appeal from the
judgment under Section 1, Rule 41, even if no petition to set aside the order of
default has been resorted to.
 Remedies of a defendant improvidently declared in default are: interpose a
petition for certiorari seeking the nullification of the order of default, even before
the promulgation of a judgment by default; or in the event that judgment has
been rendered, to have such order and judgment declared void (Indiana
Aerospace University v. Commission on Higher Education, GR No. 139371, 04
April 2001)

RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS
Section 1. Amendments in general. — Pleadings may be amended by adding or striking
out an allegation or the name of any party, or by correcting a mistake in the name of a
party or a mistaken or inadequate allegation or description in any other respect, so that
the actual merits of the controversy may speedily be determined, without regard to
technicalities, in the most expeditious and inexpensive manner

Section 2. Amendments as a matter of right. — A party may amend his pleading once
as a matter of right at any time before a responsive pleading is served or, in the case of
a reply, at any time within ten (10) calendar days after it is served.

Section 3. Amendments by leave of court. — Except as provided in the next preceding

Section, substantial amendments may be made only upon leave of court. But such
leave shall be refused if it appears to the court that the motion was made with intent to
delay or confer jurisdiction on the court, or the pleading stated no cause of action from
the beginning which could be amended. Orders of the court upon the matters provided
in this Section shall be made upon motion filed in court, and after notice to the adverse
party, and an opportunity to be heard.

 Even after an order dismissing his complaint is issued, an amendment may still
be allowed. The motion to amend should be filed before the order of dismissal
becomes final and unappealable, because thereafter there would be nothing to
amend. (Constantino v. Reyes, GR No. L-16853, 29 June 1963)

Section 4. Formal amendments. — A defect in the designation of the parties and other
clearly clerical or typographical errors may be summarily corrected by the court at any
stage of the action, at its initiative or on motion, provided no prejudice is caused thereby
to the adverse party.

Section 5. No amendment necessary to conform to or authorize presentation of

evidence. — When issues not raised by the pleadings are tried with the express or
implied consent of the parties, they shall be treated in all respects as if they had been
raised in the pleadings. No amendment of such pleadings deemed amended is
necessary to cause them to conform to the evidence.

Section 6. Supplemental pleadings. — Upon motion of a party, the court may, upon
reasonable notice and upon such terms as are just, permit him or her to serve a
supplemental pleading setting forth transactions, occurrences or events which have
happened since the date of the pleading sought to be supplemented. The adverse party
may plead thereto within ten (10) calendar days from notice of the order admitting the
supplemental pleading

Section 7. Filing of amended pleadings. — When any pleading is amended, a new copy
of the entire pleading, incorporating the amendments, which shall be indicated by
appropriate marks, shall be filed.
Section 8. Effect of amended pleadings. — An amended pleading supersedes the
pleading that it amends. However, admissions in superseded pleadings may be offered
in evidence against the pleader, and claims or defenses alleged therein not
incorporated in the amended pleading shall be deemed waived.
 Although the granting of leave to file amended pleadings is a matter peculiarly
within the sound discretion of the trial court and such discretion would not
normally be disturbed on appeal, it is also well to mention that this rule is relaxed
when evident abuse thereof is apparent.  Hence, in certain instances we ruled
that amendments are not proper and should be denied when delay would arise,
or when the amendments would result in a change of cause of action or defense
or change the theory of the case, or would be inconsistent with the allegations in
the original complaint (Ching v. Court of Appeals, GR No. 110844, 27 April 2000)

RULE 11
WHEN TO FILE RESPONSIVE PLEADINGS

Section 1. Answer to the complaint. — The defendant shall file his or her answer to the
complaint within thirty (30) calendar days after service of summons, unless a different
period is fixed by the court.

Section 2. Answer of a defendant foreign private juridical entity. — Where the defendant
is a foreign private juridical entity and service of summons is made on the government
official designated by law to receive the same, the answer shall be filed within sixty (60)
calendar days after receipt of summons by such entity.

Section 3. Answer to amended complaint. — When the plaintiff files an amended

complaint as a matter of right, the defendant shall answer the same within thirty (30)
calendar days after being served with a copy thereof.

Where its filing is not a matter of right, the defendant shall answer the amended
complaint within fifteen (15) calendar days from notice of the order admitting the same.
An answer earlier filed may serve as the answer to the amended complaint if no new
answer is filed.

This Rule shall apply to the answer to an amended counterclaim, amended crossclaim,
amended third (fourth, etc.)-party complaint, and amended complaint-in intervention.

Section 4. Answer to counterclaim or cross-claim. — A counterclaim or cross-claim

must be answered within twenty (20) calendar days from service.

Section 5. Answer to third (fourth, etc.)-party complaint. — The time to answer a third
(fourth, etc.)-party complaint shall be governed by the same rule as the answer to the
complaint.
  Failure to file an answer to compulsory counterclaim will not result in declaration
of default. In a permissive counterclaim failure to file will result in a declaration of
default.

Section 6. Reply. — A reply, if allowed under Section 10, Rule 6 hereof, may be filed
within fifteen (15) calendar days from service of the pleading responded to.

Section 7. Answer to supplemental complaint. — A supplemental complaint may be

answered within twenty (20) calendar days from notice of the order admitting the same,
unless a different period is fixed by the court. The answer to the complaint shall serve
as the answer to the supplemental complaint if no new or supplemental answer is filed.

Section 8. Existing counterclaim or cross-claim. — A compulsory counterclaim or a

cross-claim that a defending party has at the time he or she files his or her answer shall
be contained therein

Section 9. Counterclaim or cross-claim arising after answer. — A counterclaim or a

cross-claim which either matured or was acquired by a party after serving his or her
pleading may, with the permission of the court, be presented as a counterclaim or a
cross-claim by supplemental pleading before judgment.

Section 10. Omitted counterclaim or cross-claim. — When a pleader fails to set up a

counterclaim or a cross-claim through oversight, inadvertence, or excusable neglect, or
when justice requires, he or she may, by leave of court, set up the counterclaim or
cross-claim by amendment before judgment.

Section 11. Extension of time to file an answer. — A defendant may, for meritorious
reasons, be granted an additional period of not more than thirty (30) calendar days to
file an answer. A defendant is only allowed to file one (1) motion for extension of time to
file an answer.

A motion for extension to file any pleading, other than an answer, is prohibited and
considered a mere scrap of paper. The court, however, may allow any other pleading to
be filed after the time fixed by these Rules.