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RULE 6

KINDS OF PLEADINGS 

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. (1a)

SEC. 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.

An answer may be responded to by a reply. (n)

SEC. 3. Complaint.-The complaint is the pleading alleging the plaintiff’s cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint.

(3a)

SEC. 4. Answer.-An answer is a pleading in which a defending party sets fourth his defenses.

(4a)

SEC. 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. 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. (5a)

SEC. 6. Counterclaim.-A counterclaim is any claim which a defending party may have against an

opposing party. (6a)

SEC. 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 naturethereof, except that in an original action before the Regional Trial Court, the counterclaim may

 be considered compulsory regardless of the amount. (n)

SEC. 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 acounterclaim therein. Such cross-claim may include a claim that the party against whom it is

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asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action

against the cross-claimant. (7)

SEC. 9. Counterclaims and counter-cross-claims.-A counterclaim may be asserted against an

original counter-claimant.

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

SEC. 10. Reply.-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 by way of defense in the answer and thereby join

or make issue as to such new matters. If a party does not file such reply, all the new mattersalleged in the answer are deemed controverted.

If the plaintiff whishes to interpose any claims arising out of the new matters so alleged such

claims shall be set forth in an amended or supplemental complaint. (11)

SEC. 11. Third, (fourth, etc.)-party complaint.-A third (fourth, etc.)-party complaint is a claimthat 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. (12a) 

SEC. 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. (14)

SEC. 13. Answer to third (fourth, etc.)-party complaint.-A third (fourth, etc.)-party defendant

may allege in his answer his defenses, counterclaims or cross-claims, including such defensesthat 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 thelatter’s claim against the third-party plaintiff. (n)