Monday, February 15, 2010

COMELEC Rules of Procedure - Rule 10

Part III

Rule 10
Periods for Pleading


Section 1. Title to Answer. - Unless otherwise provide in these Rules,
a.  In ordinary actions, special reliefs, and special proceedings, the answer must be filed within five (5) days from service of summons and a copy of the petition; and 
b. In special actions and special cases, the answer must be filed within three (3) days from service of summon and a copy of the petition.
Sec. 2. Answer to Amended Protest or Petition. - If the protest or petition is amended, the time foxed for the filing and service of the answer shall, unless otherwise ordered, run from receipt of the notice of the order admitting the amended protest or petition or from service of such amended protest or petition.  An answer filed before the amendment shall stand as an answer to the amended protest or petition, unless a new one is filed within five (5) days from notice or service as herein provided.

Sec. 3. Answer to Counter-Protest or Counterclaim. - A counter-protest, or a counterclaim when appropriate, must be filed within five (5) days from the date of service thereof upon the protestant or petitioner.

Sec. 4. Period to Intervene and Time to Answer Intervention. - Whenever intervention is allowed the same must be filed within five (5) days from receipt of the order permitting the intervention, unless a different period is fixed by the Commission or Division.

Sec. 5. Reply. - Unless otherwise provided in these Rules, a reply may be filed within five (5) days from receipt of the answer.

Sec. 6. Extension of Time to Plead. - Unless otherwise provided in these Rules, the time to plead may be extended by the Commission upon motion and on such terms as it may deem just.


Table of Contents
Rule 11

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