Reply: a pleading
Section 10 of Rule 6 provides for the rules on "Reply." A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters. If a party does not file such reply, ALL the new matters alleged in the answer are deemed CONTROVERTED.
NOTE: Under the 2019 amendments to the Rules on Civil Procedure, the claims of a party are asserted in a complaint, counterclaim, cross-claim, third (fourth, etc.)-party complaint, or complaint-in-intervention. The defenses of a party are alleged in the answer to the pleading asserting a claim against him or her. An answer may be responded to by a reply only if the defending party attaches an actionable document to the answer.
NOTE: Under the amended Section 10 of Rule 6, a reply is a pleading, the office or function of which is to deny or allege facts in denial or avoidance of new matters alleged in, or relating to, said actionable document. In the event of an actionable document attached to the reply, the defendant may file a rejoinder if the same is based solely on an actionable document.
If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint.
Please note that the filing of a reply is NOT necessary, because even if a party does not file a reply, all the new matters that were alleged in the answer are deemed controverted. Note, however, that the genuineness and due execution of an actionable document is best denied under oath.
Is there an exception? Yes, the exception is where the answer alleges the defense of usury, in which case a reply under oath should be made, otherwise, the allegation of usurious interest shall be deemed admitted. (Rule 8, Section 11)
The other exception is where the defense in the answer is based on an actionable document, a reply under oath must be made, otherwise, the genuineness and due execution of the document shall be deemed admitted. (Rule 8, Sec. 8; Veluz, G.R. No. 139951, November 23, 2000)
NOTE: Under the 2019 amendments to the Rules on Civil Procedure, the claims of a party are asserted in a complaint, counterclaim, cross-claim, third (fourth, etc.)-party complaint, or complaint-in-intervention. The defenses of a party are alleged in the answer to the pleading asserting a claim against him or her. An answer may be responded to by a reply only if the defending party attaches an actionable document to the answer.NOTE: Under the amended Section 10 of Rule 6, a reply is a pleading, the office or function of which is to deny or allege facts in denial or avoidance of new matters alleged in, or relating to, said actionable document. In the event of an actionable document attached to the reply, the defendant may file a rejoinder if the same is based solely on an actionable document.
If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint.
Please note that the filing of a reply is NOT necessary, because even if a party does not file a reply, all the new matters that were alleged in the answer are deemed controverted. Note, however, that the genuineness and due execution of an actionable document is best denied under oath.
Is there an exception? Yes, the exception is where the answer alleges the defense of usury, in which case a reply under oath should be made, otherwise, the allegation of usurious interest shall be deemed admitted. (Rule 8, Section 11)
The other exception is where the defense in the answer is based on an actionable document, a reply under oath must be made, otherwise, the genuineness and due execution of the document shall be deemed admitted. (Rule 8, Sec. 8; Veluz, G.R. No. 139951, November 23, 2000)
