RULE 6
KINDS OF PLEADINGS
Section 1. Pleadings defined. — [No amendment]
Section 2. Pleadings allowed. — The claims of a party are asserted in a complaint,
counterclaim, cross-claim, third (fourth, etc.)-party complaint, or complaint-in-intervention.
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.
Section 3. Complaint. — The complaint is the pleading alleging the plaintiffs or claiming party's
cause or causes of action. The names and residences of the plaintiff and defendant must be
stated in the complaint.
Section 4. Answer. — [No amendment]
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 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.
Section 6. Counterclaim. — [No amendment]
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 counterclaim 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.
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.
Section 9. Counter-counterclaims and counter-cross-claims. — [No amendment]
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.
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 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.
Section 12. Bringing new parties. — [No amendment]
Section 13. Answer to third (fourth, etc.)-party complaint. — [No amendment]
