1. Under the law an answer is mandatory, otherwise the defendant will be declared in default.
2. The defendant may deny or accept the allegations in the complaint. If he specifically denies the allegations, the case proceeds because there is an issue to be resolved. However, if he accepts all the allegations decision will be rendered immediately.
3. General denial is considered an admission of the averment not specifically denied
57 Notes on Civil Procedure-2012/
elmerpaquitolalong legal resources @ www.sophialegis.weebly.com4. The defendant may include in his answer his counterclaim, crossclaim, third-party complaint, fourth party
complaint and so on.
5. The defendant instead of filing his answer may file motion to dismiss if the complaint is dismissible.
6. Issues are joined upon filing of an answer.
What is an answer?
It is a pleading in which a defending party sets forth his defenses. It may allege legal provisions relied upon for defense. Defenses are either negative or affirmative.
When the answer sets forth negative defenses, the burden of proof rest upon the plaintiff, and when the answer alleges affirmative defenses, the burden of proof devolves upon the defendant.
Kinds of Defenses
I. Affirmative Defenses
Allegations of new matters, which while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar the recovery to him.
It includes:
1. Fraud
2. Statute of limitations (prescription) 3. Release
4. Payment 5. Illegality 6. Statute of frauds 7. Estoppels 8. Former recovery 9. Discharge in bankruptcy 10. Res judicata
11. Ultra vires act of a corporation 12. Lack of authority of an agent 13. Laches
14. Unconstitutionality
15. Any other matter by way of confession and avoidance.
Other grounds that would bar recovery: Article 1231 NCC 1. By the loss of the thing due
2. By the condonation or remission of the debt
3. By the confusion or merger of the rights of creditor and debtor 4. By compensation
5. By novation 6. Annulment
7. Fulfillment or resolutory condition II. Negative Defenses
It is the specific denials of the material fact or facts alleged in the pleading of the claimant essential to his cause or cause of action.
Forms of Denials 1. Absolute Denial
This happen when the defendant specify each material allegation of fact the truth of which he does not admit and whenever practicable sets forth the substance of the matters upon which he relies to support such denial.
2. Partial Denial
58 Notes on Civil Procedure-2012/
elmerpaquitolalong legal resources @ www.sophialegis.weebly.comThis happen when the defendant does not make a total denial of the material
allegations in specific paragraph, denying only a part of the averment. In doing so he specifies that part of the truth of which he admits and denies only the remainder.
3. Denial by Disavowal of Knowledge
This happen when the defendant alleging having no knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint. Such denial must be in good faith.
When the matter denied by a disavowal of knowledge is plainly and necessarily within the defendant‟s knowledge, such claim shall not be considered a specific denial.
CASE: Republic vs. Sandiganbayan (July 15, 2003)
Several cases were filed against the Marcoses for forfeiture of properties and bank accounts abroad which was alleged to be ill-gotten. In their pleading the Marcoses just alleged their lack of knowledge of the said property and bank accounts.
In the trial, it was proven that their claim of lack of knowledge was not in good faith because based on the evidences; Imelda Marcos penned her signature on the documents of said bank accounts. At the outset she has knowledge of the thing which she is denying. Her signature speaks for her knowledge of the same.
NOTE: If the denial does not fall within the scope of the abovementioned kinds of specific denial, it shall be considered a general denial which is considered as an admission of the averment not specifically denied.
Negative Pregnant
It is tantamount to admission because it is pregnant with admitting the allegations.
It is an admission in avoidance which does not qualify as a specific denial.
It is a form of negative expression which carries with it an affirmation or at least an implication of some kind of favorable to the adverse party. It is a denial pregnant with an admission of the substantial facts alleged in the pleading. Where a fact is alleged with qualifying or modifying language and the words of the allegation as so qualified or modified are literally denied, the qualifying, circumstance alone are denied while the fact itself is admitted.
In the case supra:
Despite the serious and specific allegations against them, the Marcoses responded by simply saying that they had no knowledge or information sufficient to form a belief as to the truth of such allegations. Such a general, self-serving claim of ignorance of the facts alleged in the petition for forfeiture was insufficient to raise an issue. Respondent Marcoses should have positively stated how it was that they were supposedly ignorant of the facts alleged.
To elucidate here is a sample of the allegations of the Republic and the answer of private respondents:
23. The following presentation very clearly and overwhelmingly show in detail how both respondents clandestinely stashed away the country‟s wealth to Switzerland and hid the same under layers upon layers of foundations and other corporate entities to prevent its detection. Through their dummies/nominees, fronts or agents who formed those foundations or corporate entities, they opened and maintained numerous bank accounts. But due to the difficulty if not the impossibility of detecting and documenting all those secret accounts as well as the enormity of the deposits therein hidden, the following presentation is confined to five identified accounts groups, with balances
59 Notes on Civil Procedure-2012/
elmerpaquitolalong legal resources @ www.sophialegis.weebly.comamounting to about $356-M with a reservation for the filing of a supplemental or separate
forfeiture complaint should the need arise.
The answer of private respondent
22. Respondents specifically DENY paragraph 23 insofar as it alleges that Respondents clandestinely stashed the country‟s wealth in Switzerland and hid the same under layers and layers of foundations and corporate entities for being false, the truth being that Respondents‟ aforesaid properties were lawfully acquired.
This is in the law of pleadings a negative pregnant. Although you specifically denied a certain specific allegation but you did not present any evidence that would support your denial. The effect is as if you admitted the substantial facts of the allegation even though you filed an answer denying the same.
Actionable Documents
What is an Actionable Document?
Actionable documents are documents relied upon by either the plaintiff or the defendant.
How to plead actionable document?
Under the law the pleader is required to:
1. Set forth in the pleading the substance of the instrument or the document; or
2. To attach the original or the copy of the document to the pleading as an exhibit and to be part of the pleading; or
3. To set forth in the pleading said copy of the instrument or document.
How to contest actionable documents?
Under the law, a denial of an actionable document must be:
1. Under oath of the defendant.
2. Couch in specific denial and sets forth what the defendant claims to be the facts [dapat sabihin ng defendant kung ano ang dahilan niya at ang version niya ng kwento].
Exception: [check if a question involves actionable documents and if the party is a privy to the actionable instrument].
Under the law the requirement of an oath does not apply
1. When the adverse party does not appear to be a party to the instrument or 2. When compliance with an order for an inspection of the original instrument is
refused [hindi pinayagan ng plaintiff na tingnan ang original copy ng actionable document].
What is the effect of a denial of an actionable document is not under oath?
Under the law, if a denial of an actionable document is not under oath it is considered that the defendant deemed to have admitted the genuineness and due execution of the document. But it cannot preclude the defendant from assailing that the actionable document is obtained through force and intimidation, because they are not part of genuineness.
Note: the form of the document can be attacked even if not under oath, such as its wordings, because it has nothing to do with due execution and genuineness.
What is the effect if the defendant filed an answer but admitted all the allegations in the complaint?
There is no triable issue. Thus, there can be judgment on the merits.
60 Notes on Civil Procedure-2012/
elmerpaquitolalong legal resources @ www.sophialegis.weebly.comWhat is the effect if the defendant did not file his complaint and the reglementary period to file the same had
lapsed?
The defendant may be declared in default.
COUNTERCLAIM