Rule 8, Section 12 — Affirmative defenses

Text of the provision

Sec. 12. Affirmative defenses. — (a) A defendant shall raise his or her affirmative 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 plaintiff 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 filing the claim has not been complied with. (b) Failure to raise the affirmative defenses at the earliest opportunity shall constitute a waiver thereof. (c) The court shall motu proprio resolve the above affirmative defenses within thirty calendar days from the filing of the answer. (d) As to the other affirmative defenses under the first paragraph of Section 5(b), Rule 6, the court may conduct a summary hearing within fifteen calendar days from the filing of the answer. Such affirmative defenses shall be resolved by the court within thirty calendar days from the termination of the summary hearing. (e) Affirmative 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.

2019 Rules of Civil Procedure (A.M. No. 19-10-20-SC), Rule 8, Section 12. Reproduced verbatim and verified word-for-word against the Supreme Court's official text and the ChanRobles rendering.