Kinds of Pleadings

1. COMPLAINT

2. ANSWER

3. COUNTERCLAIM

4. CROSS-CLAIM

5. THIRD (FOURTH, ETC.)-PARTY COMPLAINT

6. INTERVENTION

7. REPLY

(1) Complaint

- The pleading alleging the plaintiff’s cause or causes of action

- Rule: need only allege the ultimate facts or the essential facts constituting the plaintiff’s
cause of action

Filing of the Complaint

- Act of presenting the said complaint to the clerk of court

- The original must be presented personally to the clerk of court or sent by registered mail

- Signifies the commencement of the civil action

- Court acquires jurisdiction over the person of the plaintiff—implied from the very filing of the
complaint where affirmative relief is prayed for by the plaintiff

- Has the effect of interrupting the prescription of actions

Payment of the Prescribed Docket Fees

- General Rule: Payment of the docket fees vests a trial court with jurisdiction over the subject
matter or nature of the action

- Exception: Nonpayment at the time of filing does not automatically cause the dismissal of
the case, as long as the fee is paid within the applicable prescriptive or reglementary period
(and there is no intent to defraud the government by the failure to pay the correct amount of
filing fees

- Reason for the exception: in order to afford the parties the opportunity to fully ventilate their
cases on the merits

- If the amount of docket fees is insufficient considering the amount of the claim, the party
filing the case will be required to pay the deficiency, but jurisdiction is not automatically lost

- Been made subject to the rule on liberal interpretation

- Jurisdictional requirement

- Strict application is qualified by the following

⌙ 1. Failure to pay those fees within the reglementary period allows only discretionary,
not automatic dismissal

⌙ 2. Such power should be used by the court in conjunction with its exercise of sound
discretion in accordance with the tenets of justice and fair play

- Mandatory for the perfection of an appeal

*Failure to pay docket fee on supplemental complaint or additional claims did not divest the
court of the jurisdiction it already had over the case

Appellate docket fees and other lawful fees

- Must be paid within the same period for taking an appeal

- Not paid in the appellate court but in the court which rendered the judgment or final order

- “Within the period for taking an appeal, the appellant shall pay to the clerk of court which
rendered then judgment or final order appealed from, the full amount of the appellate court
docket and other lawful fee.”

Complaint is the initial pleading in which the plaintiff sets forth his claim or claims against the
defendant and also his prayer for relief

When the complaint is filed and the required legal fees are paid, the clerk of court issues the
corresponding summons to the defendant

Summons instructs the defendant to answer the complaint within the time fixed by the Rules

The defendant, upon service of summons upon him, may avail of certain options depending on the
situation

May file a motion for bill of particulars— if there are allegations in the complaint that require
clarification or details so he may be able to intelligently respond to the complaint

May file a motion to dismiss— if a ground exists for the immediate dismissal of the complaint

If no ground— to serve and file his answer to the complaint to prevent his being declared in default

(2) Answer

- Pleading in which a defending party sets forth his defenses

- May be an answer to the complaint, counter-claim or cross-claim

- Responsive pleading

*no answer to reply but there could be an answer to a third-party complaint or complaint-in-
intervention