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, including the evidence on which the party pleading relies for his or her claim or defense, as the case may be.If a cause of action or defense relied on is based on law, the pertinent provisions thereof and their applicability to him or her shall be clearly and concisely stated. 
• Section 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 sucient, the pleading is not made insucient by the insuciency of one or more of the alternative statements. 
• Section 3. Conditions precedent.

  In any pleading, a general averment of the performance or occurrence of all conditions precedent shall be suffcient.
• Section 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 specic denial, which shall include such supporting particulars as are peculiarly within the pleader’s knowledge.
• Section 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. 
• Section 6. Judgment.

  In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or ocer, it is sucient to aver the judgment or decision without setting forth matter showing jurisdiction to render it. An authenticated copy of the judgment or decision shall be attached to the pleading. 
• Section 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.
• Section 8. How to contest such documents. 

  When an action or defense is founded upon a written instrument, 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 specically denies them, and sets forth what he or she 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. 
• Section 9. Official document or act.


  In pleading an ocial document or ocial act, it is sucient to aver that the document was issued or the act was done in compliance with law.
• Section 10. Specific denial.  (part 1)

  A defendant must specify each material allegation of fact the truth of which he or she does not admit and, whenever practicable, shall set forth the substance of the matters upon which he or she relies to support his or her denial. Where a defendant desires to deny only a part of an averment, he or she shall specify so much of it as is true and material and shall deny only the remainder.
• Section 10. Specific denial. (part 2)


  Where a defendant is without knowledge or information sucient to form a belief as to the truth of a material averment made to the complaint, he or she shall so state, and this shall have the eect of a denial. 
• Section 11. Allegations not specifically denied deemed admitted. 

  Material averments in a pleading asserting a claim or claims, other than those as to the amount of unliquidated damages, shall be deemed admitted when not specically denied.
• Section 12. Affirmative defenses. (part 1)

  (a) A defendant shall raise his or her armative defenses in his or her answer, which shall be limited to the reasons set forth under Section 5(b), Rule 6, and the following grounds:

  1. That the court has no jurisdiction over the person of the defending party;
  2. That venue is improperly laid;
  3. That the plainti has no legal capacity to sue;
  4. That the pleading asserting the claim states no cause of action; and
  5. That a condition precedent for ling the claim has not been complied with.
• Section 12. Affirmative defenses. (part 2)

  (b) Failure to raise the armative defenses at the earliest opportunity shall constitute a waiver thereof.(c) The court shall motu proprio resolve the above armative defenses within thirty (30) calendar days from the ling of the answer.(d) As to the other armative defenses under the rst paragraph of Section 5(b), Rule 6, the court may conduct a summary hearing within fteen (15) calendar days from the ling of the answer. Such armative defenses shall be resolved by the court within thirty (30) calendar days from the termination of the summary hearing.
• Section 12. Affirmative defenses.  (part 3)

  (e) Armative defenses, if denied, shall not be the subject of a motion for reconsideration or petition for certiorari, prohibition or mandamus, but may be among the matters to be raised on appeal after a judgment on the merits. 
• Section 13. 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) calendar days after the service of the pleading upon him or her, 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.