Rule 9 – Effect of Failure to Plead
E1014379
Rule 9 – Effect of Failure to Plead is a provision in the Philippine Rules of Court that governs the consequences when a party fails to file a required responsive pleading, including the possibility of default and deemed admissions.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Rule 9 – Effect of Failure to Plead canonical | 1 |
Statements (35)
| Predicate | Object |
|---|---|
| instanceOf |
procedural rule
ⓘ
rule of court ⓘ |
| appliesTo |
civil actions
ⓘ
responsive pleadings ⓘ |
| appliesWhen |
a defending party fails to file an answer within the reglementary period
ⓘ
a party fails to specifically deny material allegations ⓘ |
| authority | Supreme Court of the Philippines NERFINISHED ⓘ |
| basedOn | principle that material allegations not specifically denied are deemed admitted ⓘ |
| citationForm | Rule 9, Philippine Rules of Court NERFINISHED ⓘ |
| effect |
court may declare a defending party in default
ⓘ
non-controverted allegations may be deemed admitted ⓘ |
| governs |
consequences of failure to file an answer
ⓘ
declaration of default ⓘ deemed admissions by failure to specifically deny ⓘ effect of failure to file a required pleading ⓘ |
| jurisdiction | Philippines NERFINISHED ⓘ |
| language | English ⓘ |
| legalNature | procedural and not substantive ⓘ |
| legalSystem | Philippine civil procedure NERFINISHED ⓘ |
| limits | ability of a defaulting party to participate in trial ⓘ |
| partOf | Philippine Rules of Court NERFINISHED ⓘ |
| protects | right of the plaintiff to obtain relief when defendant fails to plead ⓘ |
| providesFor |
entry of judgment by default
ⓘ
relief from default under certain conditions ⓘ treatment of uncontroverted allegations as admitted ⓘ |
| purpose |
to ensure orderly and timely joinder of issues
ⓘ
to penalize unjustified failure to plead ⓘ |
| relatedTo |
Rule 11 – When to File Responsive Pleadings
ⓘ
Rule 6 – Kinds of Pleadings ⓘ Rule 8 – Manner of Making Allegations in Pleadings NERFINISHED ⓘ |
| requires | service of required pleadings within prescribed periods ⓘ |
| subjectTo | exceptions provided in the Philippine Rules of Court ⓘ |
| usedBy |
Philippine courts
NERFINISHED
ⓘ
Philippine legal practitioners ⓘ Philippine litigants NERFINISHED ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.