When should an answer be filed?
Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays.
How do I answer a complaint in the Philippines?
Answer to the complaint. The defendant shall file his or her answer to the complaint within thirty (30) calendar days after service of summons, unless a different period is fixed by the court. There is a longer period within which to file an answer under the amended rule.
When can you file a motion for reconsideration in the Philippines?
Section 1. Filing of Motion for Reconsideration. – A party adversely affected by a final order, resolution, or decision of the Commission rendered in an adjudicative proceeding may, within fifteen (15) days from receipt of a copy thereof, file a motion for reconsideration.
What happens if a defendant does not answer a complaint Philippines?
— If the defendant fails to answer within the time specified in these rules, the court shall, upon motion of the plaintiff, order judgment against the defendant by default, and thereupon the court shall proceed to receive the plaintiff’s evidence and render judgment granting him such relief as the complaint and the …
How do you answer a summons without a lawyer?
Take your written answer to the clerk’s office. The clerk will take your documents and stamp each set of papers “filed” with the date. They will then give the copies back to you. One copy is for you to keep. The other copy you’re responsible for delivering to the plaintiff (or their attorney).
What is the purpose of an answer in a lawsuit?
An Answer is the most common way to respond to a lawsuit. The Answer is the defendant’s opportunity to admit or deny the specific allegations brought against them in the complaint. Any statements in the complaint that are not denied will be taken as true for the purposes of this case.
How do I file a civil complaint in the Philippines?
Here’s a step-by-step guide to filing a civil case in the Philippines:
- Consult a lawyer. Consult a lawyer if you’re unsure whether a person’s actions constitute a criminal or a civil offense.
- File a complaint.
- Ensure summons are served.
- Go through pre-trial.
- Go through trial.
- The Judge’s Decision.
What is a reply in Civil Procedure?
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.
On what grounds may a motion for reconsideration be filed?
Within the period for taking an appeal, the aggrieved party may move for reconsideration upon the grounds that the evidence is insufficient to justify the decision or final order, or that the decision or final order is contrary to law.
What is the period to file a motion for new trial or motion for reconsideration?
If a motion for a new trial of reconsideration is filed within the period of 15 days from the promulgation of the judgment of conviction of the defendant, as the motion filed in the present case, it may be decided or passed upon validly at any time thereafter by the court.