ACTIONABLE DOCUMENT – The Reply requirement under the 2019 Amendments to the Rules of Civil Procedure.
Under the 2019 Amendments to the Rules of Civil Procedure, the filing of a Reply to an Answer is allowed only when the Answer attaches an actionable document (or the contents of the document were alleged verbatim in the Answer), to wit:
Section 10. Reply. — All new matters alleged in the answer are deemed controverted. If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint. However, the plaintiff may file a reply only if the defending party attaches an actionable document to his or her answer.
A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged in, or relating to, said actionable document.
In the event of an actionable document attached to the reply, the defendant may file a rejoinder if the same is based solely on an actionable document. (Rule 6)
If the counsel files a Reply when no actionable document is attached to the Answer, then the court may impose sanctions on him or her. In which case, the Reply may be deemed as being filed for an improper purpose or to cause delay. This sanction is another amendment to the Rules on Civil Procedure, emphasizing the significance, importance and consequences of a lawyer’s signature in the pleading being filed, thus:
Section 3. Signature and address. — (a) Every pleading and other written submissions to the court must be signed by the party or counsel representing him or her.
(b) The signature of counsel constitutes a certificate by him or her that he or she has read the pleading and document; that to the best of his or her knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) It is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) The claims, defenses, and other legal contentions are warranted by existing law or jurisprudence, or by a non-frivolous argument for extending, modifying, or reversing existing jurisprudence;
(3) The factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after availment of the modes of discovery under these rules; and
(4) The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
(c) If the court determines, on motion or motu proprio and after notice and hearing, that this rule has been violated, it may impose an appropriate sanction or refer such violation to the proper office for disciplinary action, on any attorney, law firm, or party that violated the rule, or is responsible for the violation. Absent exceptional circumstances, a law firm shall be held jointly and severally liable for a violation committed by its partner, associate, or employee. The sanction may include, but not limited to, non-monetary directives or sanctions; an order to pay a penalty in court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation, including attorney's fees for the filing of motion for sanction. The lawyer or law firm cannot pass on the monetary penalty to the client. (Rule 7)
What then is an Actionable Document?
In the case of Metropolitan Bank and Trust Company vs. Ley Construction and Development Corporation, et. al., (G.R. No. 185590, December 03, 2014), the Supreme Court defined Actionable Document as follows:
“An “actionable document” is a written instrument or document on which an action or defense is founded. It may be pleaded in either of two ways:
(1) by setting forth the substance of such document in the pleading and attaching the document thereto as an annex, or
(2) by setting forth said document verbatim in the pleading.”[1]
The above cited case of Metropolitan Bank provides what constitute an Actionable Document under two conditions and/or criteria: (a) By definition – a written instrument on which an action is founded, and (b) how it is pleaded– by setting forth the substance of the document in the pleading and attached the document thereto as an annex, or by setting forth said document verbatim in the pleading. Thus, it is not enough that an actionable document is mentioned or alleged in the pleading but that its substance must be alleged in the Answer and a copy must be attached therein as an annex, OR the entire contents of the document must be written in the pleading itself.
The twin requirements above must be satisfied to qualify a document as an Actionable Document. Otherwise, no Reply is required to be filed.
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