RULE
11
SEC. 1. Answer to the complaint.—The defendant shall file his answer to the complaint within fifteen (15) days after service of summons, unless a different period is fixed by the court.
SEC. 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 thirty (30) days after receipt of summons by such entity.
SEC. 3. Answer to amended
complaint.—Where the plaintiff files an amended
complaint as a matter of right, the defendant shall answer the same within fifteen
(15) 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 ten (10) 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.
SEC. 4. Answer to counterclaim
or cross-claim.—A counterclaim or cross-claim must
be answered within ten (10) days from service.
SEC. 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.
SEC. 6. Reply.—A reply
may be filed within ten (10) days from service of the pleading responded
to.
SEC. 7. Answer to
supplemental complaint.—A supplemental complaint may
be answered within ten (10) 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.
SEC. 8. Existing
counterclaim or cross-claim.--A compulsory, counterclaim or a
cross-claim that a defending party has at the time he files his answer shall be
contained therein.
SEC. 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
pleading may, with the permission of the court, be presented as a counterclaim
or a cross-claim by supplemental pleading before judgment.
SEC. 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 may, by leave
of court, set up the counterclaim or cross-claim by amendment before
judgment.
SEC. 11. Extension of time
to plead.—Upon motion and on such terms
as may be just, the court may extend the time to plead provided in
these Rules.
The court may also, upon like terms,
allow an answer or other pleading to be filed after the time fixed by these
Rules.
* * * * * *
ANSWER
TO THE -
1. Complaint
a. natural person - 15 days from
service of summons, UNLESS a different period is fixed by the court
b. foreign private
juridical entity -
i. 15 days - if it has a resident agent
ii. 30 days - if no resident agent
2. Amended Complaint
a. as a matter of right -
15 days from service
b. not a matter of right
- 10 days from notice of the order
3. Counterclaim or cross-claim -
10 days from service
4. Third (fourth, etc.)-party
Complaint - 15 days from service of summons, UNLESS a different
period is fixed by the court
5. Reply - 10 days
from service
6. Supplemental Complaint -
10 days from notice of the order
7. Counterclaim or cross-claim
after answer - before judgment
8. Omitted counterclaim or
cross-claim - before judgment
9. Complaint-in-Intervention - 15
days from notice of the order admitting it
10. Bill of particulars - 10
days from notice of the order
Within 10 days
1. Amended Complaint, not as a matter
or right
2. Counterclaim
3. Cross-claim
4. Reply
5. Supplemental Complaint
6. Bill of Particulars
Within 15 days
1. Answer to the Complaint
2. Answer to the Third (fourth)-party
complaint
3. Answer to the
Complaint-in-Intervention
Within 30 days
1. Answer to the Complaint,
defendant is a foreign private juridical entity
Before Judgment
1. Counterclaim or cross-claim
after answer
2. Omitted counterclaim or
cross-claim
Balance of 15-day period but not less than 5 days
In a case of a complaint which was the subject of a
motion to dismiss which was
denied, the defendant has a period representing the balance of the original
period he has to answer. But in no event should the period be less than five
(5) days.
In the case of a bill of particulars, the defendant whose motion for bill of
particulars was denied or where the bill of particulars was granted, the period
within which the defendant must file the answer would be the balance of the
15-day period within which he should have filed the answer but in no event less
than five (5) days.
Can defendant be declared in default if he fails to
file a new Answer or supplemental answer to the supplemental complaint?
No.
The ANSWER TO THE COMPLAINT shall serve as the answer to the supplemental
complaint if no new answer or supplemental answer is filed.
May the court shorten the term
to file an answer?
No. The granting of additional time to the
defendant to file an answer is a matter largely addressed to the sound
discretion of the court. They may extend the time to file the pleadings but may
not shorten them.
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