RULE 8

MANNER OF MAKING ALLEGATIONS IN PLEADINGS

Section 1. In general.

Every pleading shall contain in a methodical and logical form, a plain, concise and direct statement of
the ultimate facts on which the party pleading relies for his claim or defense, as the case may be, omitting
the statement of mere evidentiary facts.

If a defense relied on is based on law, the pertinent provisions thereof and their
applicability to him shall be clearly and concisely stated.

Sec. 2. Alternative causes of action or defenses.

A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either
in one cause of action or defense or in separate causes of action or defenses. When two or more statements
are made in the alternative and one of them if made independently would be sufficient, the pleading is
not made insufficient by the insufficiency of one or more of the alternative statements.

Sec. 3. Conditions precedent.

In any pleading a general averment of the performance or occurrence of all conditions precedent shall be
sufficient.

Sec. 4. Capacity.

Facts showing the capacity of a party to sue or be sued or the authority of a party to sue or be sued in
a representative capacity or the legal existence of an organized association of persons that is made a
party, must be averred. A party desiring to raise an issue as to the legal existence of any party or the
capacity of any party to sue or be sued in a representative capacity, shall do so by specific denial, which
shall include such supporting particulars as are peculiarly within the pleader's knowledge.

Sec. 5. Fraud, mistake, condition of the mind.

In all averments of fraud or mistake, the circumstances constituting fraud or mistake must be stated with
particularity. Malice, intent, knowledge or other condition of the mind of a person may be averred generally.

Sec. 6. Judgment.

In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal,

or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter
showing jurisdiction to render it.

Sec. 7. Action or defense based on document.

Whenever an action or defense is based upon a written instrument or document, the substance of such
instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be
attached to the pleading as an exhibit, which shall be deemed to be a part of the pleading, or said copy
may with like effect be set forth in the pleading.

Sec. 8. How to contest such documents.

 When an action or defense is founded upon a written instrument, copied in or attached to the corresponding
pleading as provided in the preceding section, the genuineness and due execution of the instrument shall
be deemed admitted unless the adverse party, under oath, specifically denies them, and sets forth what
he claims to be the facts; but the requirement of an oath does not apply when the adverse party does not
appear to be a party to the instrument or when compliance with an order for an inspection of the original
instrument is refused.

Sec. 9. Official document or act.

In pleading an official document or official act, it is sufficient to aver that the document was issued
or the act done in compliance with law.

Sec. 10. Specific denial.

A defendant must specify each material allegation of fact the truth of which he does not admit and, whenever
practicable, shall set forth the substance of the matters upon which he relies to support his denial. Where
a defendant desires to deny only a part of an averment, he shall specify so much of it as is true and material
and shall deny only the remainder. Where a defendant is without knowledge or information sufficient to
form a belief as to the truth of a material averment made in the complaint, he shall so state, and this
shall have the effect of a denial.

Sec. 11. Allegations not specifically denied deemed admitted.

Material averment in the complaint, other than those as to the amount of unliquidated damages, shall be
deemed admitted when not specifically denied. Allegations of usury in a complaint to recover usurious
interest are deemed admitted if not denied under oath.

Sec. 12. Striking out of pleading or matter contained therein.

Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted
by these Rules, upon motion made by a party within twenty (20) days after the service of the pleading upon
him, or upon the court's own initiative at any time, the court may order any pleading to be stricken out
or that any sham or false, redundant, immaterial, impertinent, or scandalous matter be stricken out
therefrom.

RULE 9

EFFECT OF FAILURE TO PLEAD

Section 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.

Sec. 2. Compulsory counterclaim, or cross-claim, not set up barred.

A compulsory counterclaim, or a cross-claim, not set up shall be barred.

Sec. 3. Default; declaration of.

If the defending party fails to answer within the time allowed therefor, the court shall, upon motion of
the claiming party with notice to the defending party, and proof of such failure, declare the defending
party in default. Thereupon, the court shall proceed to render judgment granting the claimant such relief
as his pleading may warrant, unless the court in its discretion requires the claimant to submit evidence.
Such reception of evidence may be delegated to the clerk of court.
 (a) Effect of order of default. - A party in default shall be entitled to notice of subsequent
proceedings but not to take part in the trial.

(b) Relief from order of default. - A party declared in default may at any time after
notice thereof and before judgment file a motion under oath to set aside the order of
default upon proper showing that his failure to answer was due to fraud, accident, mistake
or excusable negligence and that he has a meritorious defense. In such case, the order
of default may be set aside on such terms and conditions as the judge may impose in the
interest of justice.

(c) Effect of partial default. - When a pleading asserting a claim states a common cause
of action against several defending parties, some of whom answer and the others fail to
do so, the court shall try the case against all upon the answers thus filed and render
judgment upon the evidence presented.

(d) Extent of relief to be awarded. - A judgment rendered against a party in default shall
not exceed the amount or be different in kind from that prayed for nor award unliquidated
damages.

(e) Where no defaults allowed. - If the defending party in an action for annulment or
declaration of nullity of marriage or for legal separation fails to answer, the court
shall order the prosecuting attorney to investigate whether or not a collusion between
the parties exists, and if there is no collusion, to intervene for the State in order
to see to it that the evidence submitted is not fabricated.

RULE 10

AMENDED AND SUPPLEMENTAL PLEADINGS

Section 1. Amendments in general.

Pleadings may be amended by adding or striking out an allegation or the name of any party, 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.

Sec. 2. Amendments as a matter of right.

A party may amend his pleading once as a matter of right at any time before a responsive pleading is served
or, in the case of a reply, at any time within ten (l0) days after it is served.

Sec. 3. Amendments by leave of court.

Except as provided in the next preceding section, substantial amendments may be made only upon leave of
court. But such leave may be refused if it appears to the court that the motion was made with intent to
delay. 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.

Sec. 4. Formal amendments.

A defect in the designation of the parties and other clearly clerical or typographical errors may be
summarily corrected by the court at any stage of the action, at its initiative or on motion, provided no
prejudice is caused thereby to the adverse party.

Sec. 5. Amendment to conform to or authorize presentation of evidence.

When issues not raised by the pleadings are tried with the express or implied consent of the parties, they
shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings
as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon
 motion of any party at any time, even after judgment; but failure to amend does not affect the result of
the trial of these issues. If evidence is objected to at the trial on the ground that it is not within
the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so with
liberality if the presentation of the merits of the action and the ends of substantial justice will be
subserved thereby. The court may grant a continuance to enable the amendment to be made.

Sec. 6. Supplemental pleadings.

Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him
to serve a supplemental pleading setting forth transactions, occurrences or events which have happened
since the date of the pleading sought to be supplemented. The adverse party may plead thereto within ten
(10) days from notice of the order admitting the supplemental pleading.

Sec. 7. Filing of amended pleadings.

When any pleading is amended, a new copy of the entire pleading, incorporating the amendments, which shall
be indicated by appropriate marks, shall be filed.

Sec. 8. Effect of amended pleadings.

An amended pleading supersedes the pleading that it amends. However, admissions in superseded pleadings
may be received in evidence against the pleader; and claims or defenses alleged therein not incorporated
in the amended pleading shall be deemed waived.