[See Introduction and Menu; Rule 6; Rule 7; Rule 8; Rule 9; Rule 10; Rule 11; Rule 12; Rule 13; Rule 14; Rule 15; Rule 16 (deleted); Rule 17; Rule 18; Rule 19; Rule 20; Rule 21; Rule 22; Rule 23; Rule 24; Rule 25; Rule 26; Rule 27; Rule 28; Rule 29; Rule 30; Rule 31; Rule 32; Rule 33; Rule 34; Rule 35; See summaries: When to File Responsive Pleadings; Extension of Time to File Pleadings]
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. (1a)
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. (2a)
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 cross- claim, amended third (fourth, etc.)-party complaint, and amended complaint-in-intervention. (3a)
Section 4. Answer to counterclaim or cross-claim. — A counterclaim or cross-claim must be answered within twenty (20) calendar days from service. (4a)
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. (5)
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. (6a)
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. (7a)
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. (8a)
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. (9a)
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. (10a)
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. (11a)
[Rule 12. Bill of Prticulars]
- Extension of Filing Periods and Suspension of Hearings for March 29 to April 4, 2021: SC Administrative Circular No. 14-2021 (Full Text) - March 28, 2021
- ECQ Bubble for NCR, Bulacan, Cavite, Laguna and Rizal: Resolution No. 106-A (Full Text) - March 27, 2021
- Guidelines on the Administration of COVID-19 Vaccines in the Workplaces (Labor Advisory No. 3) - March 12, 2021