RULES OF PROCEDURE FOR speedy disposition of cases, shall be uniform for
ENVIRONENTAL CASES all courts of the same grade, and shall not
RULE 1
SECTION 1. Title.- These Rules shall be
known as “The Rules of Procedure for
Environmental Cases.” (took effect on April
29, 2010)
A. Introduction
 Environmental protection
(constitutionally guaranteed)
 The Philippines has one of the most
articulate and most progressive
environmental policies among the
developing countries.
 Oposa V. Factoran- Our
CONSTITUTION guarantees the right of
the people to a healthy environment – a
legally demandable and enforceable right
“for it concerns nothing less than self-
preservation and self- perpetuation.”
B. The Rules of Procedure for Environmental
Cases- A JUDICIAL INITIATIVE for the
protection of environmental rights and social
justice.
 ENVIRONMENTAL JUSTICE- the
fusion of environmental law and social
justice. (J. Puno: “the principle that all
people and communities are entitled to
equal protection of the environmental
and public health laws”)
 Pursuant to Section 5, Article 8 of the
Constitution, the SC is vested with the
power to:
“(5) Promulgate rules concerning the protection
and enforcement of constitutional rights,
pleading, practice, and procedure in all courts,
the admission to the practice of law, the
Integrated Bar, and legal assistance to the
underprivileged. Such rule shall provide a
diminish, increase, or modify substantive rights.
Rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless
disapproved by the Supreme Court.”
 The authority to promulgate rules gives
the Supreme Court the totality of
administration of justice.
 In 2009, the SC focused on the right to a
healthy environment by conducting a
Forum on Environmental Justice in
BAGUIO, ILOILO, and DAVAO Cities.
 The forum addressed issues on the high
cost of litigation, adopting innovative
rules and ensuring compliance with the
decisions of the courts.
 Objectives of Rules of Procedure for
Environmental Cases: (Section 3)
1.) To protect and advance the
constitutional right of the people to a
balanced and healthful ecology;
2.) To provide a simplified, speedy and
inexpensive procedure for the
enforcement of environmental rights and
duties recognized under the Constitution,
existing laws, rules and regulations,
international agreements;
3.) To introduce and adopt innovations
and best practices ensuring effective
enforcement of remedies and redress for
violation of environmental laws; and
4.) To enable the courts to monitor and
exact compliance with orders and
judgments in environmental cases.
C. SALIENT PROVISIONS of the Rules:
 lowered the threshold on locus standi
 encourage citizen’s suit
 prescribe the use of meditation in
disputes
 provisions have been made to
MINIMIZE DELAYS and ensure
 effective and judicious disposition of
environmental cases by providing for
CONTINOUS TRIAL
 disallowing the filing of delay- prone
pleadings
 prohibiting the issuance of TROs
against government agencies’ action to
enforce environmental laws
 proscribing the stay of judgments by
appeal and submission of memoranda in
the form of a draft decision
 WRIT OF KALIKASAN- authorizes
the court, where the violation or
threatened violation results in destruction
or damage of such magnitude as to impair
and deprive the right of the people to a
balanced and healthful ecology; to direct
the respondent to immediately desist
from undertaking the activities
complained of and to take positive steps
to preserve, rehabilate or restore the
environment. This rule also provides
DISCOVERY MEASURES.
 WRIT OF CONTINUING
MANDAMUS- directing any agency or
instrumentality of the government or
officer to perform an act or series of acts
decreed by final judgment which shall
remain effective until judgment is fully
satisfied.
 Citizen’s arrest
 Seizure of the items
 Tools and conveyances used in
committing the offense
 Custody (preservation)
 Disposition
 The Rules integrate the caveat that the
judge shall be guided by the
precautionary principle WHERE
FULL SCIENTIFIC CERTAINTY
SHALL NOT BE REQUIRED OF THE
PARTY ALLEGING
ENVIRONMENTAL DAMAGE.
SEC. 2. Scope- These Rules shall govern the
procedure in civil, criminal and special civil
actions before the Regional Trial Courts,
Metropolitan Trial Courts, Municipal Trial
Courts in Cities, Municipal Trial Courts and
Municipal Circuit Trial Courts involving
enforcement or violations of environmental
and other related laws, rules and regulations
such as but not limited to the following: (p.556-
557)
A. Scope of the Rules
 The Rules apply to environmental cases
arising from laws that relate to the:
1.) Conservation
2.) Development
3.) Preservation
4.) Protection
5.) Utilization of the environment and
natural resources.
 Since Section 2 covers “civil, criminal
and special civil actions.. involving
enforcement or violations of
environmental and other related laws”,
these Rules may apply in other suits not
necessarily based on environmental laws
or laws containing environmental
provisions.
 For example, if a defendant in a civil
damages or defamation suit (the case of
which is governed by the regular rules of
civil/ crim prodecure) invokes a SLAPP
defense, then these Rules shall apply
insofar as the SLAPP defense is
concerned.
 The courts referred to in this section are
those designated as special courts to hear,
try, and decide environmental cases
under AO No. 23- 2008 and those that
may be designated as such thereafter.
 Are all courts environmental courts? NO.
They must be designated.

SEC. 4. Definition of terms.-
1.) By- product OR derivatives- means any part
taken or substance extracted from wildlife, in raw
or in processed form including stuffed animals
and herbarium specimens.
2.) Consent decree- refers to a judicially-
approved settlement between concerned parties
based on public interest and public policy to
protect and preserve the environment.
3.) Continuing mandamus
4.) Environmental Protection Order (EPO)-
refers to an order issued by the court directing or
enjoining any person or government agency to
perform or desist from performing an act in order
to protect, preserve or rehabilitate the
environment.
5.) Mineral- refers to all naturally occurring
inorganic substance in solid, liquid, or any
immediate state excluding energy materials such
as coal, petroleum, natural gas, radioactive
materials and geothermal energy.
6.) Precautionary principle- states that when
human activities may lead to threats of serious
and irreversible damage to the environment that
is scientifically plausible but uncertain, actions
shall be taken to avoid or diminish the threat.
7.) Strategic Lawsuit Against Public
Participation (SLAPP)- refers to an action
whether civil, criminal or administrative, brought
against any person, institution or any government
agency or local government unit or its officials
and employees, with the intent to harass, vex,
exert undue pressure or stifle any legal recourse
that such person, institution or government
agency has taken or may take in the enforcement
of environmental laws, protection of the
environment or assertion of environmental rights.
8.) Widlife- means wild forms and varieties of
flora and fauna, in all developmental stages
including those which are in captivity or are being
bred or propagated.
CIVIL PROCEDURE
RULE 2
PLEADINGS AND PARTIES
SECTION 1. Pleadings and motions allowed.-
The pleadings and motions that may be filed
are;
1.) complaint
2.) answer- which may include compulsory
counterclaim and cross- claim
3.) motion for intervention
4.) motion for discovery
5.) motion for reconsideration of the judgment
Motion for postponement, motion for new trial
and petition for relief from judgment shall be
allowed in highly meritorious cases or to
prevent a manifest miscarriage of justice.
 Dolot V. Paji (???)
Sorsogon court SHOULD NOT
dismiss case for it does not have
jurisdiction but it should refer it to an
environmental court.
 Venue MAY be waived.
 Jurisdiction CANNOT be waived.
 PLEADINGS- written statements of the
respective claims and defences of the
parties submitted to the court for
appropriate action.
KINDS OF PLEADINGS
1.) Complaint- the pleading alleging the
plaintiff’s cause of action or causes of action. The
complaint should contain a concise statement of
the ultimate facts constituting the plaintiff’s cause
of action, and the reliefs prayed for.
2.) Answer- a pleading in which a defending
party sets forth his defenses.
3.) Counterclaim- any claim which a defending
party may have against an opposing party.
Although it may be alleged in the answer, it is
NOT part of the answer. It is DISTINCT and
INDEPENDENT cause of action. Hence, it must
be answered within 10 days from service.
4.) Compulsory counterclaim- one which arises
out of or in connection with the transaction or
occurrence constituting the subject matter of the
opposing party’s claim and does not require for
its adjudication the presence of third parties of
whom the court cannot acquire jurisdiction. Such
counterclaim must be within the jurisdiction of
the court both as to the amount and the nature
thereof.
5.) Cross- claim- any claim by one party against
a co- party arising out of the transaction or
occurrence that is the subject matter either of the
original action or of a counterclaim therein.
6.) Motion for intervention- is proper where a
person who has a legal interest in the matter in
litigation, or in the success of either of the parties,
or an interest against both, or is situated as to be
adversely affected by a distribution or other
disposition of property in the custody of the court
of an officer therefor.
 May be filed at any time before rendition
of judgment.
MODES OF DISCOVERY
1.) Depositions pending action- Rule 23
2.) Depositions before action or pending appeal-
Rule 24
3.) Interrogatories to parties- Rule 25
4.) Admission by adverse party- Rule 26
5.) Production or inspection of documents or
things- Rule 27
6.) Physical and mental examination of persons-
Rule 28
MOTION FOR RECONSIDERATION
 Within the period for taking an appeal,
the aggrieved party may file a motion for
reconsideration to set aside the judgment
or final order and grant a new trial for one
or more of the following causes
materially affecting the substantial rights
of said party:
1.) Fraud, accident, mistake or excusable
negligence with ordinary prudence could not
have guarded against and by reason of which such
aggrieved party has probably been impaired in his
rights; or
2.) Newly discovered evidence, which he could
not, with reasonable diligence, have discovered
and produced at the trial, and which if presented
would probably alter the result.
Within the same period, the aggrieved
party may also move for reconsideration upon the
ground that;
1.) damages awarded are excessive
2.) evidences insufficient to justify the decision or
final order
3.) the decision or final order is contrary to law
SEC.2. Prohibited pleadings or motions.- The
following shall not be allowed:
(a) Motion to dismiss complaint;
(b) Motion for a bill of particulars;
(c) Motion for extension to file pleadings,
except to file answer, the extension not to
exceed 15 days;
(d) Motion to declare the defendant in default;
(e) Reply and rejoinder; and
(f) Third party complaint
A. The enumeration of prohibited pleadings aims
to address the question of delay in environmental
disposition – “prioritize the adjudication of
environmental cases” – also complementary to
the rule requiring CONTINUOUS TRIAL which
shall not exceed 2 months from the date of the
issuance of the pre- trial order, and a period of one
year from the filing of the complaint to try and
decide the case.
B. Motion for Intervention is ALLOWED to
broaden public participation in the enforcement
of environmental laws.
 A person who has a legal interest in the
matter of litigation- the interest must be
of such DIRECT and IMMEDIATE
character that the intervenor will either
gain or lose by the direct legal operation
and effect of the judgment.
 The certiorari jurisdiction of courts may
also be invoked in appropriate cases.
SEC. 3. Verified complaint.- The verified
complaint shall contain the names of the
parties, their addresses, the cause of action and
the reliefs prayed from.
The plaintiff shall attach to the verified
complaint all evidence proving or supporting
the cause of action consisting of the affidavits
of witnesses, documentary evidence and if
possible, object evidence. The affidavits shall
be in question and answer form and shall
comply with the rules of admissibility of
evidence.
The complaint shall state that it is an
environmental case and the law involved. The
complaint shall also include a certification
against forum shopping. If the complaint is not
an environmental complaint, the presiding
judge shall refer it to the executive judge for
re- raffle.
 no need to attach affidavits if there are no
witnesses- NOT MANDATORY- it is
only if the evidence of the petitioner
would consist of testimony of witnesses
A. Documentary evidence attached to the
complaint
To enable the court to look beyond the
bare corpus of the verified complaint and better
appreciate the nature and substantial merits of the
case, the plaintiff is REQUIRED to;
1.) attach thereto all evidence in support of action
consisting of affidavits of witnesses, other
documentary evidence and, IF POSSIBLE, object
evidence.
SEC. 4. Who may file. Any real party in
interest, including the government and
juridical entities authorized by law, may file a
civil action involving the enforcement or
violation of any environmental law.
1.) “real party in interest” – the party who stands
to be benefited by the judgment in the suit, or the
party entitled to the avails of the suit, or the party
entitled to the avails of the suit.
 Includes the government and juridical
entities which may be authorized by law
to file a civil action involving the
enforcement or violation of any
environmental law.
 A Filipino citizen or an ALIEN can file a
suit so long as they are able to show
DIRECT and PERSONAL injury.
2.) necessary party- one who is NOT
INDISPANESABLE but who ought to be joined
as a party if complete relief is to be accorded to
those already parties, or for a complete
determination or settlement of the claim subject
of the action.
SEC. 5. Citizen suit.- Any Filipino citizen in
representation of others, including minors or
generations yet unborn, may file an action to
enforce rights or obligations under
environmental laws. Upon the filing of a
citizen suit, the court shall issue an order
which shall contain a brief description of the
cause of action and the reliefs prayed for,
requiring all interest parties to manifest their
interest to intervene in the case within 15 days
from notice thereof. The plaintiff may publish
the order once in a newspaper of general
circulation in the Philippines or furnish all
affected barangays copies of said order.
 Citizen suits filed under RA No. 8749
and RA No. 9003 shall be governed by their
respective provisions.
A. A “citizen suit” liberalizes requirements for
standing of litigants enforcing environment
rights.
 Section 5 refers to a suit filed by a
Filipino citizen by himself and in
representation of others, including
minors or generations yet unborn, to
enforce rights or obligations under
environmental laws.
 Citizen suits may be filed for all types of
environmental cases. BUT in the case of
non- government organizations and
people’s organizations, PROOF OF
THEIR JURIDICAL PERSONALITY
IS REQUIRED.
 The same proof of juridical personality is
also required in a petition for a WRIT OF
KALIKASAN.
International Service for the Acquisition of
Agri- Biotech Applications, Inc. V. Greenspace
Southeast Asia (Phils.)
 The rule on standing is a matter of
procedure which can be relaxed for non-
traditional plaintiffs like ordinary
citizens, taxpayers, and legislators when
the public interest so requires, such as
when the matter is of
TRANSCENDENTAL IMPORTANCE,
of overreaching significance to society,
or of PARAMOUNT PUBLIC
INTEREST.
Oposa V. Factoran
 The Court recognized the “public right”
of citizens to “a balanced and healthful
ecology- such right NEED NOT BE
WRITTEN in the CONSTITUTION
FOR IT IS ASSUMED, like other civil
and political rights guaranteed in the Bill
of Rights.
 Ordinary citizens not only have legal
standing to sue for the enforcement of
environmental rights, they can do so in
representation of their own and future
generations.
 The citizen suit is filed in the public
interest, hence, no proof of personal
injury is required. A Filipino citizen may
be an individual or a corporation so long
as the requirement of PH citizenship are
complied with.
B. Do whales, dolphins and other catecean
species have locus standi to sue?
 Resident Marine Mammals V. Reyes
 Justice Leonardo de- Castro:
“The need to give the Resident
Marine Mammals legal standing has been
ELIMINATED by our Rules, which
allow any Filipino citizen, as a steward of
nature, to bring a suit to enforce our
environmental laws. It is worth noting
here that the Stewards are joined as real
parties in the petition and not just in
representation of the named cetacean
species.”
C. Publication of order requiring interest
parties to intervene (to encourage public
participation)
 Section 5 permits the plaintiff to publish
the order containing a brief description
of the action in order to allow other
persons to join as such, consistent with
the public character of citizen suit. (in
rem)
D. Reliefs in a citizen suit
1.) protection, preservation or
rehabilitation of the environment
2.) submission of a program for the
rehabilitation or restoration of the environment
3.) payment of costs by the violator.
MMDA V. Concerned Residents of Manila Bay
 Justice Velasco, directed the MMDA to
fully implement its Operational Plan for
the Manila Bay Coastal Strategy for the
rehabilitation, restoration, and
conservation of the Manila Bay
E. Citizen suits under RA No. 8749 and RA
9003 (merely applied in violation of: )
1.) RA 8749- Clean Air Act
2.) RA 9003- Ecological Waste Management
Act
SEC. 6. Service of the complaint on the
government or its agencies.- Upon the filing of
the complaint, the plaintiff is required to
furnish the government or the appropriate
agency, although not a party, a copy of the
complaint. Proof of service upon the
government or the appropriate agency shall be
attached to the complaint.
A. Service of a copy of the complaint to
government agencies MANDATORY.
 Section 6 makes it mandatory for the
plaintiff to notify the proper agency of
the government. In particular, the DENR,
being the PRIMARY AGENCY
CHARGED WITH THE
ENFORCEMENT OF
ENVIRONMENTAL LAWS, should be
served with a copy of the complaint.
 The OSG, being the law office of the
government, its agencies, and
instrumentalities, should also be served
with a copy of the complaint to better
ensure that public interest is fully
protected.
SEC. 7. Assignment by raffle.- If there is only 1
designated branch in a multiple- sala court,
the executive branch shall immediately refer
the case to said branch. If there are 2 or more
designated branches, the executive shall
conduct a special raffle on the day the
complaint is filed.
SEC. 8. Issuance of Temporary
Environmental Protection Order (TEPO). – If
it appears from the verified complaint with
prayer for the issuance of an EPO that the
matter is of extreme urgency and the applicant
will suffer GRAVE INJUSTICE AND
IRREPARABLE INJURY, the executive
judge of the multiple- sala court before raffle
or the presiding judge of a single- sala court as
the case may be, may issue ex parte a TEPO
effective for only 72 hours from the date of the
receipt of the TEPO by the party or person
enjoined. Within said period, the court where
the case is assigned, shall conduct a summary
hearing to determine whether the TEPO may
be extended until the termination of the case.
The court where the case is assigned,
shall periodically monitor the existence of acts
that are the subject matter of the TEPO even
if issued by the executive judge, and may lift
the same at any time as circumstances
warrant.
The applicant shall be exempted from
the posting of a bond for the issuance of a
TEPO.
A. A temporary environmental protection
order (TEPO) integrates both PROHIBITIVE
and MANDATORY reliefs.
 An EPO is an order issued by the court
directing or enjoining any person or
government agency to perform or desist
from performing an act in order to
protect, preserve or rehabilitate the
environment.
 It performs a similar function as a
prohibitory or mandatory injunction, but
the EPO specifically applies to
environmental cases.
  The procedure for the issuance of a
temporary environmental protection
order (TEPO) stems from the same
procedure for the issuance of a temporary
restraining order (TRO).
 The TEPO is a remedy available for both
civil and criminal environmental cases.
The procedure for the issuance of a
TEPO is both is the same.
 The TEPO is also available under the writ
of kalikasan and writ of continuing
mandamus as a relief or as a means of
expediting the proceedings and
preserving the rights of the parties.
B. Who may issue TEPO
 Executive judge of a multiple- sala court
before raffle OR the presiding judge of a
single- sala court if it appears from the
verified complaint that the matter is of
extreme urgency and the applicant will
suffer grave injustice or irreparable
injury from the violation complained of.
 The applicant shall be exempted from the
posting of a bond for the issuance of a
TEPO.
C. Hearing required to extend to TEPO
 A TEPO is effective onlu 72 hours from
date of the receipt of the TEPO by the
party or person enjoined. – SUMMARY
HEARING to determine whether the
TRO shall be extended until the
application for preliminary injunction
can be heard, but in NO CASE shall the
total period of its effectivity exceed 20
days.
 The requirement of a hearing is so
fundamental that failure to comply with
it not only amounts to gross ignorance of
rules and procedure, but also to an
outright denial of due process to the party
denied such a hearing.
D. Safeguards
The issuance of a TEPO ex parte is an
EXCEPTION to the general requirement of due
process which requires the other party to be
heard. Safeguards:
1.) 72 hours rule~
2.) Within the same period of 72 hours, the court
shall conduct a summary hearing to determine
whether the TEPO may be extended until the
termination of the case.
3.) If, after hearing, it appears that the issuance or
continuance of the TEPO would cause irreparable
damage to the party or person enjoined while the
applicant may be fully compensated for such
damages as he may suffer, the TEO may be
dissolved upon bond posted by the party or
person enjoined.
SEC. 9. Action on motion for dissolution of
TEPO.- The grounds for motion to dissolve a
TEPO shall be supported by affidavits of the
party or person enjoined which the applicant
may oppose, also by affidavits.
The TEPO may be dissolved if it
appears after hearing that its issuance or
continuance would cause irreparable damage
to the party or person enjoined while the
applicant may be fully compensated for such
damages as he may suffer and subject to the
posting of a sufficient bond by the party or
person enjoined.
SEC. 10. Prohibtion against temporary
restraining order (TRO) and preliminary
injunction.- Except the SC, NO COURT CAN
ISSUE A TRO or writ of preliminary
injunction against lawful actions of
government agencies that enforce
environmental laws or prevent violations
thereof. (WT Construction, Inc. V. DPWH)
A. Prohibition against the issuance of a TRO
and preliminary injunction.
Such practice was found to be
undesirable as it has resulted in the disruption of
the smooth functioning of the administrative
machinery having charge of the natural resources
of the country and a contributory deterrent to the
development and exploitation of our natural
resources.
B. Courts could not be prevented from
exercising their power to restrain or prohibit
administrative acts involving questions of law
Hernandez V. NPC (Justice Nazario)
 Although PD 1818 prohibits any court
from issuing injunctions in cases
involving infrastructure projects, the
prohibition extends only to the issuance
of injunctions or restraining orders
against administrative acts in
controversies involving facts or the
exercise of discretion in technical cases.
On issues clearly outside this dimension
and involving questions of law, this Court
declared that courts could not be
prevented from exercising their power to
restrain or prohibit administrative acts.”
 ISSUE: w/n the trial court may issue a
TRO or preliminary injunction to restrain
construction and operation of steel poles
or towers.
 YES. There is adequate evidence to
justify the conclusion that the project of
NAPOCOR probably imperils the health
and safety of petitioners so as to justify
the issuance by the trial court of a writ of
preliminary injunction.
SEC. 11. Report on TEPO, EPO, TRO, or
preliminary injunction.- The judge shall report
any action taken on a TEPO, EPO, TRO or a
preliminary injunction, including its
modification and dissolution, to the SC,
through the Office of the Administrator,
within 10 days from the action taken.
SEC. 12. Payment of filing and other legal
fees.- The payment of filing and other legal fees
by the plaintiff shall be deferred until after
judgment unless the plaintiff is allowed to
litigate as an indigent. It shall constitute a first
lien on the judgment award.
For a citizen suit, the court shall defer
the payment of filing and other legal fees that
shall serve as first lien on the judgment award.
SEC 13. Service of summons, orders and other
court processes.- The summons, orders and
other court processes may be served by the
sheriff, his deputy or other proper court
officer or for justifiable reasons, by the counsel
or representative of the plaintiff or any
suitable person authorized or deputized by the
court issuing the summons.
(“Suitable person” is required to perform the
duties of a sheriff. Service by publication is
deemed a sufficient compliance with the
requirement of due process. The plaintiff,
however, must file a motion in order to avail this
mode of service.)
Any private person who is authorized
or deputized by the court to serve summons,
orders and other court processes shall for that
purpose be considered an OFFICER OF THE
COURT.
The summons shall be served on the
defendant, together with a copy of an order
informing all parties that they have 15 days
from the filing of an answer, within which to
avail of interrogatories to parties under Rule
25 of the Rules of Court and request for
admission by adverse party under Rule 26, or
at their discretion, make use of depositions
under Rule 23 or other measures under Rule
27 and 28.
(Availment of discovery procedures;
Rule 25: any party desiring to elicit material and
relevant facts from any adverse party shall file
and serve upon interrogatories to be answered by
the party served- to obtain admissions and avoid
unnecessary testimony and waste of time in Cross- claims and compulsory
preparation. counterclaims not asserted shall be considered
barred. The answer to counterclaims or cross-
Rule 26: To expedite trial and to relieve the
claims shall be filed and served within 10 days
parties of cost and labor of proving facts which
from service of the answer in which they are
will not be disputed at the trial and the truth of
pleaded.
which can be ascertained by reasonable inquiry.
Rule 23: the testimony of any person, whether a
party or not, may be taken at the instance of any SEC 15. Effect of failure to answer.- Should the
party, by deposition upon oral examination or defendant fail to answer the complaint within
written interrogatories. The purpose is to make the period provided, the court shall declare
discovery in preparation for, or to be used as defendant in default and upon motion of the
evidence upon the trial of, the action.) plaintiff, shall receive evidence ex parte and
render judgment based thereon and the reliefs
Should personal and substituted
prayed for.
service fail, summons by publication shall be
allowed. In the case of juridical entities,
summons by publication shall be done by
indicating the names of the officers or their
duly authorized representatives.

A. Importance of Rules of Discovery

To enable the parties to obtain the fullest possible
knowledge of the issues and facts before civil
trials and thus prevent that said trials are carried
on in the dark.
1.) to narrow and clarify the basic issues between
the parties
2.) for ascertaining the facts relative to those
issues.

SEC. 14. Verified answer.- Within 15 days

from receipt of summons, the defendant shall
file a verified answer to the complaint and
serve a copy thereof on the plaintiff. The
defendant shall attach affidavits of witnesses
reports, studies of experts and all evidence in
support of the defense.
Affirmative and special defenses not
pleaded shall be deemed waived, except lack of
jurisdiction.