Remedial Law
Updated 21st May 2025
Answer
A

An answer is a pleading filed by a defending party to set forth his or her defenses. It serves as the responsive pleading to a complaint and gives notice to the plaintiff regarding which allegations are contested.

The answer contains the defenses of the party filing it, which can be either negative or affirmative. A negative defense specifically denies material facts alleged by the claimant essential to their cause of action, aiming to controvert the material averments. If a denial is not specific, it is considered general and treated as an admission. An answer may also include specific denials that require an oath, particularly when an action or defense is founded upon a written instrument.

An affirmative defense, on the other hand, alleges new matters which, while hypothetically admitting the claimant's allegations, would prevent or bar recovery by the claiming party. Affirmative defenses are raised in the answer. Allegations presented as affirmative defenses must be of a nature that would bar the plaintiff from claiming on their cause of action. Affirmative defenses not pleaded in the answer are generally deemed waived.

An answer can be filed in response to various pleadings, including a complaint, counterclaim, cross-claim, third-party complaint, or complaint-in-intervention. The proper response to a counterclaim or a cross-claim is specifically referred to as an answer to the counterclaim or answer to the cross-claim. There is no answer to a reply. In the case of a supplemental complaint, the answer to the original complaint serves as the answer to the supplemental complaint if a new or supplemental answer is not filed. In expropriation proceedings, the answer is filed in response to the complaint.

The period for filing an answer varies depending on the pleading being responded to and the specific rules governing the action. Generally, an answer to a complaint is filed within 30 calendar days from service of summons, unless the court sets a different period or allows an extension. An answer to a counterclaim or cross-claim is filed from service of the pleading. An answer to an amended complaint is filed from service of the amended complaint or notice of the order admitting it, depending on whether the amendment was a matter of right or with leave of court. An answer to a supplemental complaint is filed from notice of the order admitting it. An answer to a complaint-in-intervention is filed within fifteen calendar days from notice of the order admitting the same, unless a different period is fixed. In interpleader cases, the answer is filed from service of summons. In expropriation proceedings, the answer is filed within the time stated in the summons. Under expedited procedures in first-level courts, the answer to a complaint is filed within 30 calendar days from service of summons. For petitions for the issuance of Writs of Amparo, the responsive pleading is a verified return, not an answer.

The filing of an answer is important. Failure of the defendant to file an answer within the reglementary period can lead to the plaintiff filing a motion to declare the defendant in default. A party declared in default loses standing in court, and the court may render judgment granting the plaintiff the relief warranted by the complaint, unless it requires evidence. Default judgments are generally disfavored, and orders of default should be exceptions, typically allowed only for clear cases of obstinate refusal. A defaulting party who has notice of the order before judgment may file a motion under oath to set aside the order, showing that their failure to answer was due to fraud, accident, mistake, or excusable negligence, and that they have a meritorious defense. A judgment on the pleadings can be rendered when an answer is filed but fails to tender an issue or admits the material allegations of the adverse party's pleading, but this remedy does not apply when no answer is filed.