Pleadings.
Section 89
SEC. 89. Pleadings. — The only pleading allowed on the part of the plaintiff shall be: 1. The complaint; 2. The demurrer to the answer; And on the part of the defendant: 1. The demurrer to the complaint; 2. The answer.
Act No. 190 CHAPTER V
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.・Read the official text ↗
Complaint.
Section 90
SEC. 90. Complaint. — The complaint is a statement in a methodical and logical form of the circumstances which constitute the plaintiff's cause of action. The complaint must contain: 1. The name of the court and province in which the action is brought, and the names of the parties to the action; 2. A brief statement of the facts constituting the cause of action, in ordinary and concise language. If the complaint contains more than one cause of action, each distinct cause of action must be set forth in a separate paragraph containing all the facts constituting the particular cause of action; 3. A demand for the relief which the plaintiff claims. If the recovery of money or damages is demanded, the amount demanded must be stated. If special relief, such as an order for the specific restitution of property, or the specific enforcement of a written contract for the sale of property, or an injunction is sought, the ground of demanding such relief must be stated and the special relief prayed for. But there may be added to the statement of the specific relief demanded a general prayer for such further or other relief as shall be deemed equitable.
Demurrer to the complaint.
Section 91
SEC. 91. Demurrer to the complaint. — The demurrer is an allegation that, admitting the facts of the preceding pleading to be true, as stated by the party making it, he has yet shown no cause why the party demurring should be compelled by the court to proceed further. It imports that the objecting party will not proceed, but will wait the judgment of the court, whether he is bound so to do. The defendant may demur to the complaint, or to the statement of any distinct cause of action therein set forth, within the time fixed by general rules of court for such pleadings when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; or 2. That the plaintiff has no legal capacity to sue; or 3. That there is another action pending between the same parties for the same cause; or 4. That there is a defect or misjoinder of parties, plaintiff or defendant; or 5. That the complaint does not state facts sufficient to constitute a cause of action; or 6. That the complaint is ambiguous, unintelligible, or uncertain. The demurrer must distinctly specify the grounds upon which any of the objections to the complaint, or to any of the causes of action therein stated, are taken.
Matters not apparent of record.
Section 92
SEC. 92. Matters not apparent of record. — When any of the matters enumerated in section ninety-one do not appear upon the face of the complaint, the objection can only be taken by answer.
Effect of failure to object.
Section 93
SEC. 93. Effect of failure to object. — If no objection be taken to the complaint, either by demurrer or answer, the defendant shall be deemed to have waived all objections, excepting only the objection to the jurisdiction of the court over the subject-matter, and that the complaint does not state facts sufficient to constitute a cause of action.
The answer.
Section 94
SEC. 94. The answer. — The answer is a defense in writing, made by a defendant to the charges contained in a complaint filed by the plaintiff against him. The answer of the defendant shall contain: 1. A general or specific denial of the material allegations of the complaint, controverted by the defendant. A general denial only puts in issue the material allegations of the complaint; 2. A statement of any new matter constituting a defense or counterclaim. A material allegation of the complaint which is neither generally nor specifically denied in the answer shall be deemed to have been admitted.
Defendant having counterclaim.
Section 95
SEC. 95. Defendant having counterclaim. — The defendant may set forth by answer as many defenses and counterclaims as he may have, whatever their nature. They must be separately stated, and the several defenses must refer to the cause of action which they are intended to answer, in a manner by which they may be intelligibly distinguished. The defendant may also answer one or more of the several causes of action stated in the complaint, and demur to the residue.
Character of counterclaim.
Section 96
SEC. 96. Character of counterclaim. — A counterclaim, to be available as a defense in an answer, must be one in favor of all the substantial defendants and against all the substantial plaintiffs in the action.
Effect of omission to set up counterclaim.
Section 97
SEC. 97. Effect of omission to set up counterclaim. — If the right out of which the counterclaim arises exists at the time of the commencement of the action and arises out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or is necessarily connected with the subject of the action, neither the defendant nor his assignee can afterwards maintain an action against the plaintiff therefor, if the defendant omits to set up a counterclaim for the same. But if the counterclaim arises out of transactions distinct from those set forth in the complaint as the foundation of the plaintiff's claim and not connected with the subject of the action, the defendant shall not be barred from any subsequent action upon such counterclaim by reason of his failure to set it up in his answer to the pending action.
Cross complaint.
Section 98
SEC. 98. Cross complaint. — Whenever the defendant seeks affirmative relief aside from the payment of money against any party, he may in addition to his answer, file at the same time, or by permission of the court subsequently, a cross complaint. The defendants to the cross complaint may demur or answer thereto as they would to an original complaint.
Demurrer to answer.
Section 99
SEC. 99. Demurrer to answer. — The plaintiff may, within a period to be fixed by general rules of court, demur to the answer of the defendant or to one or more of the several defenses or counterclaims set up in the answer, so as thus to test the legal sufficiency of the answer.
Grounds of demurrer to answer.
Section 100
SEC. 100. Grounds of demurrer to answer. — The demurrer may be taken upon one or more of the following grounds: 1. That the answer does not state facts sufficient to constitute a defense or counterclaim; 2. That the answer is ambiguous, unintelligible, or uncertain. The demurrer must distinctly specify grounds upon which any of the objections to the answer are taken.
Proceedings on demurrer.
Section 101
SEC. 101. Proceedings on demurrer. — When a demurrer to any pleading is sustained, the party whose pleading is thus adjudged defective may amend his pleading within a time to be fixed by the court, with or without terms, as to the court shall seem just; but if the party fails to amend his pleading within the time limited or elects not to amend, the court shall render such judgment upon the subject-matter involved in the pleading and demurrer as the law and the facts of the case as set forth in the pleadings warrant. If the demurrer is overruled, the court shall proceed, if no answer is filed, to render such judgment as the law and the facts duly pleaded warrant. But after the overruling of a demurrer to a complaint, the defendant may answer within a time to be fixed by general rules of court; and after the overruling a demurrer to an answer the plaintiff may amend his complaint, if necessary, to meet new facts or counterclaims set forth in the answer.
Authentication of pleadings.
Section 102
SEC. 102. Authentication of pleadings. — Every pleading must be subscribed by the party or his attorney and a copy thereof must be forthwith furnished to the adverse party or his attorney.
Actions and defenses based upon written instruments.
Section 103
SEC. 103. Actions and defenses based upon written instruments. — When an action is brought upon a written instrument and the complaint contains or has annexed a copy of such instrument, the genuineness and due execution of the instrument shall be deemed admitted, unless specifically denied under oath in the answer; and when the defense to an action, or a counterclaim stated in an answer, is founded upon a written instrument and the copy thereof is contained in or annexed to the answer, the genuineness and due execution of such instrument shall be deemed admitted, unless specifically denied under oath by the plaintiff in his pleadings.
Plaintiff's reply to new matter contained in answer.
Section 104
SEC. 104. Plaintiff's reply to new matter contained in answer. — The plaintiff may reply to any new matter or special defense set up in the defendant's answer by an amendment to his complaint, which may be filed as a matter of course and without terms, within a period to be fixed by general rules of court. If the plaintiff does not amend his complaint, as provided in this section, he shall be deemed to have controverted every material statement of the answer.
Supplemental complaint or answer.
Section 105
SEC. 105. Supplemental complaint or answer. — The plaintiff and defendant, respectively, may be allowed, on motion to make a supplemental complaint or answer, alleging facts material to the case occurring after the filing of the original complaint or answer.
Pleadings to be liberally construed.
Section 106
SEC. 106. Pleadings to be liberally construed. — In the construction of a pleading, for the purpose of determining its effects, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Sham or irrelevant pleadings.
Section 107
SEC. 107. Sham or irrelevant pleadings. — Sham and irrelevant answers, and irrelevant, redundant, or indecent matter inserted in a pleading, may be stricken out, upon such terms as the court may, in its discretion, impose.
Specifications.
Section 108
SEC. 108. Specifications. — The court may, in its discretion, at any time, upon motion, order either party to make his pleading more definite, or to file specifications of his items of account or other claims involved in the pleading, so as to furnish the adverse party with complete information as to the claim which he is required to meet.
Variance.
Section 109
SEC. 109. Variance. — An immaterial variance between the allegation in a pleading and the proof shall be disregarded, and the facts found according to the evidence, and the pleading shall be forthwith amended in accordance with the facts found, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a variance is material and that a party has been misled, courts shall not dismiss the action by reason of the variance, but shall, upon such terms as may be just, order the pleadings to be forthwith amended in accordance with the facts, and determine the action upon the actual facts as established. The amendments provided in this section may be made either in the Court of First Instance or in the Supreme Court, at any stage of the action.
Amendments in general.
Section 110
SEC. 110. Amendments in general. — The court shall, in furtherance of justice, and on such terms, if any, as may be proper, allow a party to amend any pleading of proceeding and at any stage of the action, in either the Court of First Instance or the Supreme Court, by adding or striking out the name of any party, either plaintiff or defendant, or by correcting a mistake in the name of a party, or a mistaken or inadequate allegation or description in any other respect, so that the actual merits of the controversy may speedily be determined, without regard to technicalities, and in the most expeditious and inexpensive manner. The court may also, upon like terms, allow an answer or other pleading to be made after the time limited by the rules of court for filing the same. Orders of the court upon the matters provided in this section shall be made upon motion filed in court, and after notice to the adverse party, and an opportunity to be heard.
When name of defendant is unknown.
Section 111
SEC. 111. When name of defendant is unknown. — When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint, and such defendant may be designated in any complaint or proceeding by any name. When his true name is discovered, the pleading of proceeding must be amended accordingly.
Proceedings in cases of appeal from justice courts.
Section 112
SEC. 112. Proceedings in cases of appeal from justice courts. — When a perfected appeal from a judgment of a justice of the peace has been duly entered in the Court of First Instance, new pleadings shall be filed in the action in that court, and the pleadings in such action shall be in all respects governed by the same rule as though the action had been originally commenced in the Court of First Instance. But the plaintiff may, if he so elects, rely upon his complaint as originally filed before the justice of the peace, instead of filing a new one.
Relief From effect of judgments and orders.
Section 113
SEC. 113. Relief From effect of judgments and orders. — Upon such terms as may be just the court may relieve a party or his legal representative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect: Provided, That application therefor be made within a reasonable time, but in no case exceeding six months after such judgment, order, or proceeding was taken.
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Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).