file:cvpro_part-1_iv.htm

4.   JOINDER
OF ISSUES

1.  Filing of Answer

1. Time
to Plead

1.1 Answer to
Complaint and Third-Party (Fourth-Party, etc.) Complaint – fifteen (15) days
after service of summons, unless a different period is fixed by the court.121

However,
under Rule 16, Section 4, if a motion to dismiss is denied, the movant shall
file his answer within the balance of the period provided by Rule 11 to which
he was entitled at the time of serving his motion, but not less than five (5)
days in any event, computed from his receipt of the notice of the denial. If
the pleading is ordered to be amended, he shall file his answer within the
period prescribed by Rule 11 counted from service of the amended pleading,
unless the court provides a longer period.

1.2 Answer of a
defendant foreign private juridical entity

1.2.1 when
summons is served upon a resident agent – fifteen (15) days after service of
summons.122

1.2.2 when
summons is served on the government official designated to receive the same –
thirty (30) days from receipt by the latter of the summons.123

1.3 Answer
to Amended Complaint, Amended Counterclaim, Amended Cross-claim and Amended
Third-Party (Fourth-Party, etc.) Complaint:

1.3.1
amended complaint was filed as a matter of right (Rule 10, Section 2) – fifteen
(15) days after being served with a copy thereof;124
and

1.3.2
amended complaint was filed with leave of court (Rule 10, Section 3) – ten (10)
days from notice of order admitting the amended complaint.125

1.4 Answer to counterclaim or cross-claim –
within ten (10) days from service.126

1.5 Reply –
within ten (10) days from service of the pleading responded to.127

1.6 Answer to supplemental complaint – within ten
(10) days from notice of the order admitting the same, unless a different
period is fixed by the court.128

1.7 Answer to Complaint-in-Intervention – within
fifteen (15) days from notice of the order admitting the same unless a
different period is fixed by the court.129

2.
Strict Observance of the Period

While the rules are liberally
construed, the provisions on reglementary periods are strictly applied for they
are deemed indispensable to the prevention of needless delays and necessary to
the orderly and speedy discharge of judicial business.130

Strict compliance with said
periods is mandatory and imperative.131

3. 
Effect of Failure to Plead (Rule 9)

Sec. 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.

2.  Counterclaim

1. Definition

A counterclaim is any claim which a defending
party may have against an opposing party.132

There are two (2) kinds, the compulsory and the
permissive. 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.133

A counterclaim which is not compulsory is a
permissive counterclaim.

2. Difference Between
Permissive and Compulsory Counterclaim

In a permissive counterclaim, the docket and other
lawful fees should be paid and the same should be accompanied by a certificate
against forum shopping and certificate to file action issued by the proper Lupon
Tagapamayapa. It should also be answered by the claiming party. It is not
barred even if not set up in the action.

In a compulsory counterclaim, no docket fee is
paid and the certificates mentioned above are not required.134 If it is not raised in the answer, it
shall be barred.135

A compulsory counterclaim that merely reiterates
special defenses which are deemed controverted even without a reply, or raises
issues which are deemed automatically joined by the allegations of the
complaint need not be answered.136
However, a compulsory counterclaim which raises issues not covered by the
complaint should be answered.137

If the counterclaim is based on an actionable
document attached to or copied in the counterclaim, the genuineness and due
execution of the instrument shall be deemed admitted unless the adverse party
specifically denies under oath its genuineness and due execution.138

3. Cognate Rules

3.1 A cross-claim which is not
set up in the action is barred.139

3.2 The dismissal of the
complaint carries with it the dismissal of the cross-claim which is purely
defensive, but not a cross-claim seeking affirmative relief.140 It does not also carry with it a
dismissal of the counterclaim that has been pleaded by the defendant prior to
service to him of the notice of dismissal,141
or to a dismissal due to the fault of the plaintiff.142

3.3 A party cannot, in his
reply, amend his cause of action nor introduce therein new or additional causes
of action.143

3.4 A third-party complaint
need not arise out of or be entirely dependent on the main action as it
suffices that the former be only "in respect" of the claim of the
third-party plaintiff’s opponent.144