![]() The specific enumeration of Group B affirmative defenses is not exclusive because of the catch-all clause “any other matter by way of confession and avoidance.” Examples of other affirmative defenses are caso fortuito, nullity or voidability of the contract, vices of consent, and unenforceability of the contract under paragraphs 1 and 2 of Article 1403 of the Civil Code.ĭistinction between Group A and Group B affirmative defenses Hence, under the 1997 Rules, these affirmative defenses, except for the three mentioned, could be resolved only during the trial proper. ![]() Any other matter by way of confession and avoidance.Įxcept for prescription, extinction of the claim or demand, and unenforceability under the statute of frauds, these affirmative defenses were not grounds of a motion to dismiss under Rule 16 of the 1997 Rules of Civil Procedure. Unenforceability under the statute of frauds.ġ0. Payment (extinction of the claim or demand).Ħ. The Group B affirmative defenses are those mentioned in Section 5(b), Rule 6 of the Rules of Civil Procedure. One may note that all these affirmative defenses were grounds of a motion to dismiss under Section 1, Rule 16 of the 1997 Rules of Civil Procedure. Failure to comply with a condition precedent. 12(a), Rule 8 of the Rules of Civil Procedure plus the affirmative defenses stated in the second paragraph of Section 5 of Rule 6. ![]() The Group A affirmative defenses are those mentioned in Sec. Under the 2020 Rules of Civil Procedure, affirmative defenses are grouped into two: For purposes of this note, I call them Group A affirmative defenses and Group B affirmative defenses. A defense is either negative or affirmative. He may also raise an affirmative defense of prescription, that is, assuming without admitting that he executed the promissory note, the same is barred by prescription since the suit was brought more than ten years after the note had become due and demandable.Īlthough practitioners are fond of setting forth in the answer “special and affirmative defenses,” there is really no such thing as a “special defense” under the Rules of Civil Procedure. Thus, in a suit against the defendant for the enforcement of a promissory note, the defendant may specifically deny the allegation in the complaint that he executed the promissory note. The hypothetical admission made by a defendant in an affirmative defense is not actually an admission but an assumption for purposes only of argument. (Section 5, Rule 6, Rules of Civil Procedure). ![]() An affirmative defense is an allegation of a new matter which, while hypothetically admitting the material allegations in the claimant’s pleading, would nevertheless prevent or bar recovery by him. A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action. Defenses may either be negative or affirmative. They are a potent procedural weapon to defeat or diminish the plaintiff’s claim or claims. Defenses are set forth by a defendant in his answer to the complaint. ![]()
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