Civil Procedure Codal

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Rules 1-711997 RULES OF CIVIL

PROCEDURE, AS AMENDED

1997 RULES OF CIVILPROCEDURE, AS AMENDED

(RULES 1-71, RULES OFCOURT)

EFFECTIVE JULY 1, 1997

Per Resolution of the Supreme

Court in Bar Matter No. 803 Adopted in Baguio City on April8, 1997

RULES OF COURT

Pursuant to the provisions ofsection 5 (5) of Article VIII ofthe Constitution, the SupremeCourt hereby adopts andpromulgates the following rulesconcerning the protection andenforcement of constitutionalrights, pleading, practice andprocedure in all courts, theadmission to the practice of law,the Integrated Bar, and legalassistance to theunderprivileged:

RULE 1

General Provisions

Section 1. Title of the Rules . — These Rule shall be known andcited as the Rules of Court. (1)

Section 2. In what courtsapplicable . — These Rules shallapply in all the courts, except asotherwise provided by theSupreme Court. (n)

Section 3. Cases governed . — These Rules shall govern theprocedure to be observed inactions, civil or criminal and

special proceedings.

(a) A civil action is one by whicha party sues another for theenforcement or protection of a

right, or the prevention orredress of a wrong, (1a, R2)

A civil action may either beordinary or special. Both aregoverned by the rules forordinary civil actions, subject tothe specific rules prescribed fora special civil action. (n)

(b) A criminal action is one by

which the State prosecutes aperson for an act or omissionpunishable by law. (n)

(c) A special proceeding is aremedy by which a party seeksto establish a status, a right, ora particular fact. (2a, R2)

Section 4. In what case notapplicable . — These Rules shallnot apply to election cases, landregistration, cadastral,naturalization and insolvencyproceedings, and other casesnot herein provided for, exceptby analogy or in a suppletorycharacter and wheneverpracticable and convenient.(R143a)

Section 5. Commencement ofaction . — A civil action iscommenced by the filing of theoriginal complaint in court. If anadditional defendant isimpleaded in a later pleading,the action is commenced withregard to him on the dated ofthe filing of such later pleading,irrespective of whether themotion for its admission, if

necessary, is denied by thecourt. (6a)

Section 6. Construction . — These Rules shall be liberallyconstrued in order to promotetheir objective of securing a



just, speedy and inexpensivedisposition of every action andproceeding. (2a)

Civil Actions

Ordinary Civil Actions

RULE 2

Cause of Action

Section 1. Ordinary civilactions , basis of. — Everyordinary civil action must bebased on a cause of action. (n)

Section 2. Cause of action , defined . — A cause of action isthe act or omission by which aparty violates a right of another.(n)

Section 3. One suit for a singlecause of action . — A party maynot institute more than one suitfor a single cause of action. (3a)

Section 4. Splitting a singlecause of action ; effect of. — Iftwo or more suits are institutedon the basis of the same causeof action, the filing of one or a

judgment upon the merits inany one is available as a groundfor the dismissal of the others.(4a)

Section 5. Joinder of causes ofaction . — A party may in onepleading assert, in thealternative or otherwise, asmany causes of action as hemay have against an opposingparty, subject to the followingconditions:

(a) The party joining the causesof action shall comply with therules on joinder of parties;

(b) The joinder shall not include

special civil actions or actionsgoverned by special rules;

(c) Where the causes of actionare between the same parties

but pertain to different venuesor jurisdictions, the joinder maybe allowed in the Regional TrialCourt provided one of thecauses of action falls within the

jurisdiction of said court and thevenue lies therein; and

(d) Where the claims in all thecauses action are principally forrecovery of money, theaggregate amount claimed shallbe the test of jurisdiction. (5a)

Section 6. Misjoinder of causesof action . — Misjoinder ofcauses of action is not a groundfor dismissal of an action. Amisjoined cause of action may,on motion of a party or on theinitiative of the court, besevered and proceeded withseparately. (n)

RULE 3

Parties to Civil Actions

Section 1. Who may be parties ; plaintiff and defendant . — Onlynatural or juridical persons, orentities authorized by law maybe parties in a civil action. Theterm "plaintiff" may refer to theclaiming party, the counter-claimant, the cross-claimant, orthe third (fourth, etc.) — partyplaintiff. The term "defendant"may refer to the originaldefending party, the defendantin a counter-claim, the cross-

defendant, or the third (fourth,etc.) — party defendant. (1a)

Section 2. Parties in interest .— A real party in interest is theparty who stands to bebenefited or injured by the



judgment in the suit, or theparty entitled to the avails ofthe suit. Unless otherwiseauthorized by law or theseRules, every action must be

prosecuted or defended in thename of the real party ininterest. (2a)

Section 3. Representatives as parties . — Where the action isallowed to be prosecuted anddefended by a representative orsomeone acting in a fiduciarycapacity, the beneficiary shallbe included in the title of thecase and shall be deemed to bethe real property in interest. Arepresentative may be a trusteeof an expert trust, a guardian,an executor or administrator, ora party authorized by law orthese Rules. An agent acting inhis own name and for thebenefit of an undisclosedprincipal may sue or be sued

without joining the principalexcept when the contractinvolves things belonging to theprincipal. (3a)

Section 4. Spouses as parties .— Husband and wife shall sue orbe sued jointly, except asprovided by law. (4a)

Section 5. Minor or

incompetent persons . — Aminor or a person alleged to beincompetent, may sue or besued with the assistance of hisfather, mother, guardian, or ifhe has none, a guardian adlitem . (5a)

Section 6. Permissive joinder of parties . — All persons in whomor against whom any right torelief in respect to or arising outof the same transaction orseries of transactions is allegedto exist, whether jointly,severally, or in the alternative,may, except as otherwiseprovided in these Rules, join as

plaintiffs or be joined asdefendants in one complaint,where any question of law orfact common to all suchplaintiffs or to all such

defendants may arise in theaction; but the court may makesuch orders as may be just toprevent any plaintiff ordefendant from beingembarrassed or put to expensein connection with anyproceedings in which he mayhave no interest. (6n)

Section 7. Compulsory joinderof indispensable parties . — Parties in interest without whomno final determination can behad of an action shall be joinedeither as plaintiffs ordefendants. (7)

Section 8. Necessary party . — A necessary party is one who isnot indispensable but who ought

to be joined as a party ifcomplete relief is to be accordedas to those already parties, orfor a complete determination orsettlement of the claim subjectof the action. (8a)

Section 9. Non-joinder ofnecessary parties to be pleaded .— Whenever in any pleading inwhich a claim is asserted a

necessary party is not joined,the pleader shall set forth hisname, if known, and shall statewhy he is omitted. Should thecourt find the reason for theomission unmeritorious, it mayorder the inclusion of theomitted necessary party if

jurisdiction over his person maybe obtained.

The failure to comply with theorder for his inclusion, without

justifiable cause, shall bedeemed a waiver of the claimagainst such party.

The non-inclusion of a



necessary party does notprevent the court fromproceeding in the action, andthe judgment rendered thereinshall be without prejudice to the

rights of such necessary party.(8a, 9a)

Section 10. Unwilling co- plaintiff. — If the consent of anyparty who should be joined asplaintiff can not be obtained, hemay be made a defendant andthe reason therefor shall bestated in the complaint. (10)

Section 11. Misjoinder andnon-joinder of parties . — Neither misjoinder nor non-

joinder of parties is ground fordismissal of an action. Partiesmay be dropped or added byorder of the court on motion ofany party or on its own initiativeat any stage the action and onsuch terms as are just. Any

claim against a misjoined partymay be severed and proceededwith separately. (11a)

Section 12. Class suit . — Whenthe subject matter of thecontroversy is one of commonor general interest to manypersons so numerous that it isimpracticable to join all asparties, a number of them which

the court finds to be sufficientlynumerous and representative asto fully protect the interests ofall concerned may sue or defendfor the benefit of all. Any partyin interest shall have the rightto intervene to protect hisindividual interest. (12a)

Section 13. Alternativedefendants . — Where theplaintiff is uncertain against whoof several persons he is entitledto relief, he may join any or allof them as defendants in thealternative, although a right torelief against one may beinconsistent with a right of relief

against the other. (13a)

Section 14. Unknown identityor name of defendant . — Whenever the identity or name

of a defendant is unknown, hemay be sued as the unknownowner heir devisee, or by suchother designation as the casemay require, when his identityor true name is discovered, thepleading must be amendedaccordingly. (14)

Section 15. Entity without juridical personality asdefendant . — When two or morepersons not organized as anentity with juridical personalityenter into a transaction, theymay be sued under the name bywhich they are generally orcommonly known.

In the answer of suchdefendant, the name andaddresses of the personscomposing said entity must allbe revealed. (15a)

Section 16. Death of party ; duty of counsel . — Whenever aparty to a pending action dies,and the claim is not therebyextinguished, it shall be theduty of his counsel to inform thecourt within thirty (30) days

after such death of the factthereof, and to give the nameand address of his legalrepresentative orrepresentatives. Failure ofcounsel to comply with his dutyshall be a ground for disciplinaryaction.

The heirs of the deceased maybe allowed to be substituted forthe deceased, without requiringthe appointment of an executoror administrator and the courtmay appoint a guardian ad litem for the minor heirs.

The court shall forthwith order



said legal representative orrepresentatives to appear andbe substituted within a period ofthirty (30) days from notice.

If no legal representative isnamed by the counsel for thedeceased party, or if the one sonamed shall fail to appear withinthe specified period, the courtmay order the opposing party,within a specified time toprocure the appointment of anexecutor or administrator forthe estate of the deceased andthe latter shall immediatelyappear for and on behalf of thedeceased. The court charges inprocuring such appointment, ifdefrayed by the opposing party,may be recovered as costs.(16a, 17a)

Section 17. Death orseparation of a party who is a

public officer . — When a public

officer is a party in an action inhis official capacity and duringits pendency dies, resigns, orotherwise ceases to hold office,the action may be continuedand maintained by or againsthis successor if, within thirty(30) days after the successortakes office or such time as maybe granted by the court, it issatisfactorily shown to the courtby any party that there is asubstantial need for continuingor maintaining it and that thesuccessor adopts or continuesor threatens to adopt orcontinue to adopt or continuethe action of his predecessor.Before a substitution is made,the party or officer to beaffected, unless expressly

assenting thereto, shall be givenreasonable notice of theapplication therefor andaccorded an opportunity to beheard. (18a)

Section 18. Incompetency or

incapacity . — If a partybecomes incompetent orincapacitated, the court, uponmotion with notice, may allowthe action to be continued by or

against the incompetent orincapacitated person assisted byhis legal guardian or guardianad litem . (19a)

Section 19. Transfer ofinterest . — In case of anytransfer of interest, the actionmay be continued by or againstthe original party, unless thecourt upon motion directs theperson to whom the interest istransferred to be substituted inthe action or joined with theoriginal party. (20)

Section 20. Action andcontractual money claims . — When the action is for recoveryof money arising from contract,express or implied, and the

defendant dies before entry offinal judgment in the court inwhich the action was pending atthe time of such death, it shallnot be dismissed but shallinstead be allowed to continueuntil entry of final judgment. Afavorable judgment obtained bythe plaintiff therein shall beenforced in the mannerespecially provided in theseRules for prosecuting claimsagainst the estate of a deceasedperson. (21a)

Section 21. Indigent party . — A party may be authorized tolitigate his action, claim ordefense as an indigent if thecourt, upon an ex parte application and hearing, is

satisfied that the party is onewho has no money or propertysufficient and available for food,shelter and basic necessities forhimself and his family.

Such authority shall include anexemption from payment of



docket and other lawful fees,and of transcripts ofstenographic notes which thecourt may order to be furnishedhim. The amount of the docket

and other lawful fees which theindigent was exempted frompaying shall be a lien on any

judgment rendered in the casefavorable to the indigent, unlessthe court otherwise provides.

Any adverse party may contestthe grant of such authority atany time before judgment isrendered by the trial court. Ifthe court should determine afterhearing that the party declaredas an indigent is in fact a personwith sufficient income orproperty, the proper docket andother lawful fees shall beassessed and collected by theclerk of court. If payment is notmade within the time fixed bythe court, execution shall issue

or the payment thereof, withoutprejudice to such othersanctions as the court mayimpose. (22a)

Section 22. Notice to theSolicitor General . — In anyaction involving the validity ofany treaty, law, ordinance,executive order, presidentialdecree, rules or regulations, thecourt, in its discretion, mayrequire the appearance of theSolicitor General who may beheard in person or arepresentative duly designatedby him. (23a)

RULE 4

Venue of Actions

Section 1. Venue of realactions . — Actions affecting titleto or possession of real

property, or interest therein,shall be commenced and tried inthe proper court which has

jurisdiction over the areawherein the real property

involved, or a portion thereof, issituated.

Forcible entry and detaineractions shall be commenced andtried in the municipal trial courtof the municipality or citywherein the real propertyinvolved, or a portion thereof, issituated. (1[a], 2[a]a)

Section 2. Venue of personalactions . — All other actions maybe commenced and tried wherethe plaintiff or any of theprincipal plaintiffs resides, orwhere the defendant or any ofthe principal defendants resides,or in the case of a non-residentdefendant where he may befound, at the election of the

plaintiff. (2[b]a)Section 3. Venue of actionsagainst nonresidents . — If anyof the defendants does notreside and is not found in thePhilippines, and the actionaffects the personal status ofthe plaintiff, or any property ofsaid defendant located in thePhilippines, the action may be

commenced and tried in thecourt of the place where theplaintiff resides, or where theproperty or any portion thereofis situated or found. (2[c]a)

Section 4. When Rule notapplicable . — This Rule shall notapply.

(a) In those cases where aspecific rule or law providesotherwise; or

(b) Where the parties havevalidly agreed in writing beforethe filing of the action on theexclusive venue thereof. (3a,



5a)

RULE 5

Uniform Procedure In TrialCourts

Section 1. Uniform procedure .— The procedure in theMunicipal Trial Courts shall bethe same as in the RegionalTrial Courts, except (a) where aparticular provision expressly orimpliedly applies only to either

of said courts, or (b) in civilcases governed by the Rule onSummary Procedure. (n)

Section 2. Meaning of terms . — The term "Municipal TrialCourts" as used in these Rulesshall include Metropolitan TrialCourts, Municipal Trial Courts inCities, Municipal Trial Courts,and Municipal Circuit TrialCourts. (1a)

Procedure In Regional TrialCourts

RULE 6

Kinds Of Pleadings

Section 1. Pleadings defined . — Pleadings are the writtenstatements of the respectiveclaims and defenses of theparties submitted to the courtfor appropriate judgment. (1a)

Section 2. Pleadings allowed .— The claims of a party areasserted in a complaint,counterclaim, cross-claim, third(fourth, etc.)-party complaint,or complaint-in-intervention.

The defenses of a party arealleged in the answer to the

pleading asserting a claimagainst him.

An answer may be responded toby a reply. (n)

Section 3. Complaint . — Thecomplaint is the pleadingalleging the plaintiff's cause orcauses of action. The namesand residences of the plaintiffand defendant must be stated inthe complaint. (3a)

Section 4. Answer . — Ananswer is a pleading in which a

defending party sets forth hisdefenses. (4a)

Section 5. Defenses . — Defenses may either benegative or affirmative.

(a) A negative defense is thespecific denial of the materialfact or facts alleged in thepleading of the claimantessential to his cause or causesof action.

(b) An affirmative defense is anallegation of a new matterwhich, while hypotheticallyadmitting the materialallegations in the pleading ofthe claimant, wouldnevertheless prevent or barrecovery by him. The affirmativedefenses include fraud, statuteof limitations, release, payment,illegality, statute of frauds,estoppel, former recovery,discharge in bankruptcy, andany other matter by way ofconfession and avoidance. (5a)

Section 6. Counterclaim . — Acounterclaim is any claim which

a defending party may haveagainst an opposing party. (6a)

Section 7. Compulsorycounterclaim . — A compulsorycounterclaim is one which, beingcognizable by the regular courts



of justice, arises out of or isconnected with the transactionor occurrence constituting thesubject matter of the opposingparty's claim and does not

require for its adjudication thepresence of third parties ofwhom the court cannot acquire

jurisdiction. Such a counterclaimmust be within the jurisdictionof the court both as to theamount and the nature thereof,except that in an original actionbefore the Regional Trial Court,the counter-claim may beconsidered compulsoryregardless of the amount. (n)

Section 8. Cross-claim . — Across-claim is any claim by oneparty against a co-party arisingout of the transaction oroccurrence that is the subjectmatter either of the originalaction or of a counterclaimtherein. Such cross-claim may

include a claim that the partyagainst whom it is asserted is ormay be liable to the cross-claimant for all or part of aclaim asserted in the actionagainst the cross-claimant. (7)

Section 9. Counter-counterclaims and counter-crossclaims . — A counter-claimmay be asserted against anoriginal counter-claimant.

A cross-claim may also be filedagainst an original cross-claimant. (n)

Section 10. Reply . — A reply isa pleading, the office or functionof which is to deny, or allegefacts in denial or avoidance ofnew matters alleged by way ofdefense in the answer andthereby join or make issue as tosuch new matters. If a partydoes not file such reply, all thenew matters alleged in theanswer are deemedcontroverted.

If the plaintiff wishes tointerpose any claims arising outof the new matters so alleged,such claims shall be set forth inan amended or supplemental

complaint. (11)

Section 11. Third, (fourth,etc.) — party complaint . — Athird (fourth, etc.) — partycomplaint is a claim that adefending party may, with leaveof court, file against a personnot a party to the action, calledthe third (fourth, etc.) — partydefendant for contribution,indemnity, subrogation or anyother relief, in respect of hisopponent's claim. (12a)

Section 12. Bringing new parties . — When the presence ofparties other than those to theoriginal action is required forthe granting of complete reliefin the determination of a

counterclaim or cross-claim, thecourt shall order them to bebrought in as defendants, if

jurisdiction over them can beobtained. (14)

Section 13. Answer to third(fourth, etc.) — party complaint .— A third (fourth, etc.) — partydefendant may allege in hisanswer his defenses,

counterclaims or cross-claims,including such defenses that thethird (fourth, etc.) — partyplaintiff may have against theoriginal plaintiff's claim. Inproper cases, he may alsoassert a counterclaim againstthe original plaintiff in respect ofthe latter's claim against thethird-party plaintiff. (n)

RULE 7

Parts of a Pleading

Section 1. Caption . — The



caption sets forth the name ofthe court, the title of the action,and the docket number ifassigned.

The title of the action indicatesthe names of the parties. Theyshall all be named in the originalcomplaint or petition; but insubsequent pleadings, it shallbe sufficient if the name of thefirst party on each side bestated with an appropriateindication when there are otherparties.

Their respective participation inthe case shall be indicated. (1a,2a)

Section 2. The body . — Thebody of the pleading sets fourthits designation, the allegationsof the party's claims ordefenses, the relief prayed for,and the date of the pleading.(n)

(a) Paragraphs . — Theallegations in the body of apleading shall be divided intoparagraphs so numbered to bereadily identified, each of whichshall contain a statement of asingle set of circumstances sofar as that can be done withconvenience. A paragraph may

be referred to by its number inall succeeding pleadings. (3a)

(b) Headings . — When two ormore causes of action are joinedthe statement of the first shallbe prefaced by the words "firstcause of action,'' of the secondby "second cause of action", andso on for the others.

When one or more paragraphsin the answer are addressed toone of several causes of actionin the complaint, they shall beprefaced by the words "answerto the first cause of action" or"answer to the second cause of

action" and so on; and whenone or more paragraphs of theanswer are addressed to severalcauses of action, they shall beprefaced by words to that

effect. (4)

(c) Relief. — The pleading shallspecify the relief sought, but itmay add a general prayer forsuch further or other relief asmay be deemed just orequitable. (3a, R6)

(d) Date . — Every pleading shallbe dated. (n)

Section 3. Signature andaddress . — Every pleading mustbe signed by the party orcounsel representing him,stating in either case hisaddress which should not be apost office box.

The signature of counselconstitutes a certificate by himthat he has read the pleading;that to the best of hisknowledge, information, andbelief there is good ground tosupport it; and that it is notinterposed for delay.

An unsigned pleading producesno legal effect. However, thecourt may, in its discretion,

allow such deficiency to beremedied if it shall appear thatthe same was due to mereinadvertence and not intendedfor delay. Counsel whodeliberately files an unsignedpleading, or signs a pleading inviolation of this Rule, or allegesscandalous or indecent mattertherein, or fails promptly reportto the court a change of hisaddress, shall be subject toappropriate disciplinary action.(5a)

Section 4. Verification . — Except when otherwisespecifically required by law or



rule, pleadings need not beunder oath, verified oraccompanied by affidavit .(5a)

A pleading is verified by an

affidavit that the affiant hasread the pleading and that theallegations therein are true andcorrect of his knowledge andbelief.

A pleading required to beverified which contains averification based on"information and belief", orupon "knowledge, informationand belief", or lacks a properverification, shall be treated asan unsigned pleading. (6a)

Section 5. Certification againstforum shopping . — The plaintiffor principal party shall certifyunder oath in the complaint orother initiatory pleadingasserting a claim for relief, or ina sworn certification annexedthereto and simultaneously filedtherewith: (a) that he has nottheretofore commenced anyaction or filed any claiminvolving the same issues in anycourt, tribunal or quasi-judicialagency and, to the best of hisknowledge, no such other actionor claim is pending therein; (b)if there is such other pending

action or claim, a completestatement of the present statusthereof; and (c) if he shouldthereafter learn that the sameor similar action or claim hasbeen filed or is pending, he shallreport that fact within five (5)days therefrom to the courtwherein his aforesaid complaintor initiatory pleading has been

filed.Failure to comply with theforegoing requirements shall notbe curable by mere amendmentof the complaint or otherinitiatory pleading but shall because for the dismissal of the

case without prejudice, unlessotherwise provided, uponmotion and after hearing. Thesubmission of a falsecertification or non-compliance

with any of the undertakingstherein shall constitute indirectcontempt of court, withoutprejudice to the correspondingadministrative and criminalactions. If the acts of the partyor his counsel clearly constitutewillful and deliberate forumshopping, the same shall beground for summary dismissalwith prejudice and shallconstitute direct contempt, aswell as a cause foradministrative sanctions. (n)

RULE 8

Manner of MakingAllegations in Pleadings

Section 1. In general . — Everypleading shall contain in amethodical and logical form, aplain, concise and directstatement of the ultimate factson which the party pleadingrelies for his claim or defense,as the case may be, omittingthe statement of mereevidentiary facts. (1)

If a defense relied on is basedon law, the pertinent provisionsthereof and their applicability tohim shall be clearly andconcisely stated. (n)

Section 2. Alternative causes ofaction or defenses . — A partymay set forth two or morestatements of a claim ordefense alternatively orhypothetically, either in onecause of action or defense or inseparate causes of action ordefenses. When two or morestatements are made in thealternative and one of them if



made independently would besufficient, the pleading is notmade insufficient by theinsufficiency of one or more ofthe alternative statements. (2)

Section 3. Conditions precedent . — In any pleading ageneral averment of theperformance or occurrence of allconditions precedent shall besufficient. (3)

Section 4. Capacity . — Factsshowing the capacity of a partyto sue or be sued or theauthority of a party to sue or besued in a representativecapacity or the legal existenceof an organized association ofperson that is made a party,must be averred. A partydesiring to raise an issue as tothe legal existence of any partyor the capacity of any party tosue or be sued in a

representative capacity, shall doso by specific denial, which shallinclude such supportingparticulars as are peculiarlywithin the pleader's knowledge.(4)

Section 5. Fraud, mistake,condition of the mind . — In allaverments of fraud or mistakethe circumstances constituting

fraud or mistake must be statedwith particularity. Malice, intent,knowledge, or other condition ofthe mind of a person may beaverred generally.(5a)

Section 6. Judgment . — Inpleading a judgment or decisionof a domestic or foreign court,

judicial or quasi-judicialtribunal, or of a board or officer,it is sufficient to aver the

judgment or decision withoutsetting forth matter showing

jurisdiction to render it. (6)

Section 7. Action or defensebased on document . —

Whenever an action or defenseis based upon a writteninstrument or document, thesubstance of such instrument ordocument shall be set forth in

the pleading, and the original ora copy thereof shall be attachedto the pleading as an exhibit,which shall be deemed to be apart of the pleading, or saidcopy may with like effect be setforth in the pleading. (7)

Section 8. How to contest suchdocuments . — When an actionor defense is founded upon awritten instrument, copied in orattached to the correspondingpleading as provided in thepreceding section, thegenuineness and due executionof the instrument shall bedeemed admitted unless theadverse party, under oathspecifically denies them, andsets forth what he claims to be

the facts, but the requirementof an oath does not apply whenthe adverse party does notappear to be a party to theinstrument or when compliancewith an order for an inspectionof the original instrument isrefused. (8a)

Section 9. Official document oract . — In pleading an officialdocument or official act, it issufficient to aver that thedocument was issued or the actdone in compliance with law. (9)

Section 10. Specific denial . — A defendant must specify eachmaterial allegation of fact thetruth of which he does notadmit and, whenever

practicable, shall set forth thesubstance of the matters uponwhich he relies to support hisdenial. Where a defendantdesires to deny only a part of anaverment, he shall specify somuch of it as is true and



material and shall deny only theremainder. Where a defendantis without knowledge orinformation sufficient to form abelief as to the truth of a

material averment made to thecomplaint, he shall so state, andthis shall have the effect of adenial. (10a)

Section 11. Allegations notspecifically denied deemedadmitted . — Material avermentin the complaint, other thanthose as to the amount ofunliquidated damages, shall bedeemed admitted when notspecifically denied. Allegationsof usury in a complaint torecover usurious interest aredeemed admitted if not deniedunder oath. (1a, R9)

Section 12. Striking out of pleading or matter containedtherein . — Upon motion made

by a party before responding toa pleading or, if no responsivepleading is permitted by theseRules, upon motion made by aparty within twenty (20) daysafter the service of the pleadingupon him, or upon the court'sown initiative at any time, thecourt may order any pleading tobe stricken out or that anysham or false, redundant,immaterial, impertinent, orscandalous matter be strickenout therefrom. (5, R9)

RULE 9

Effect of Failure to Plead

Section 1. Defenses andobjections not pleaded . — Defenses and objections notpleaded either in a motion todismiss or in the answer aredeemed waived. However, whenit appears from the pleadings orthe evidence on record that the

court has no jurisdiction overthe subject matter, that there isanother action pending betweenthe same parties for the samecause, or that the action is

barred by a prior judgment orby statute of limitations, thecourt shall dismiss the claim.(2a)

Section 2. Compulsorycounterclaim , or cross-claim , not set up barred . — Acompulsory counterclaim, or across-claim, not set up shall bebarred. (4a)

Section 3. Default ; declarationof. — If the defending party failsto answer within the timeallowed therefor, the court shall,upon motion of the claimingparty with notice to thedefending party, and proof ofsuch failure, declare thedefending party in default.

Thereupon, the court shallproceed to render judgmentgranting the claimant such reliefas his pleading may warrant,unless the court in its discretionrequires the claimant to submitevidence. Such reception ofevidence may be delegated tothe clerk of court. (1a, R18)

(a) Effect of order of default . —

A party in default shall beentitled to notice of subsequentproceedings but not to take partin the trial. (2a, R18)

(b) Relief from order of default .— A party declared in defaultmay at any time after noticethereof and before judgment filea motion under oath to set asidethe order of default upon propershowing that his failure toanswer was due to fraud,accident, mistake or excusablenegligence and that he has ameritorious defense. In suchcase, the order of default maybe set aside on such terms and



conditions as the judge mayimpose in the interest of justice.(3a, R18)

(c) Effect of partial default . —

When a pleading asserting aclaim states a common cause ofaction against several defendingparties, some of whom answerand the others fail to do so, thecourt shall try the case againstall upon the answers thus filedand render judgment upon theevidence presented. (4a, R18).

(d) Extent of relief to beawarded . — A judgmentrendered against a party indefault shall not exceed theamount or be different in kindfrom that prayed for nor awardunliquidated damages. (5a,R18).

(e) Where no defaults allowed .— If the defending party in anaction for annulment ordeclaration of nullity of marriageor for legal separation fails toanswer, the court shall orderthe prosecuting attorney toinvestigate whether or not acollusion between the partiesexists, and if there is nocollusion, to intervene for theState in order to see to it thatthe evidence submitted is not

fabricated. (6a, R18)

RULE 10

Amended and SupplementalPleadings

Section 1. Amendments ingeneral . — Pleadings may be

amended by adding or strikingout an allegation or the name ofany party, or by correcting amistake in the name of a partyor a mistaken or inadequateallegation or description in anyother respect, so that the actual

merits of the controversy mayspeedily be determined, withoutregard to technicalities, and inthe most expeditious andinexpensive manner. (1)

Section 2. Amendments as amatter of right . — A party mayamend his pleading once as amatter of right at any timebefore a responsive pleading isserved or, in the case of a reply,at any time within ten (10) daysafter it is served. (2a)

Section 3. Amendments byleave of court . — Except asprovided in the next precedingsection, substantialamendments may be made onlyupon leave of court. But suchleave may be refused if itappears to the court that themotion was made with intent todelay. Orders of the court uponthe matters provided in this

section shall be made uponmotion filed in court, and afternotice to the adverse party, andan opportunity to be heard. (3a)

Section 4. Formalamendments . — A defect in thedesignation of the parties andother clearly clerical ortypographical errors may besummarily corrected by the

court at any stage of the action,at its initiative or on motion,provided no prejudice is causedthereby to the adverse party.(4a)

Section 5. Amendment toconform to or authorize

presentation of evidence . — When issues not raised by thepleadings are tried with theexpress or implied consent ofthe parties they shall be treatedin all respects as if they hadbeen raised in the pleadings.Such amendment of thepleadings as may be necessaryto cause them to conform to the



evidence and to raise theseissues may be made uponmotion of any party at any time,even after judgment; but failureto amend does not effect the

result of the trial of theseissues. If evidence is objected toat the trial on the ground that itis not within the issues made bythe pleadings, the court mayallow the pleadings to beamended and shall do so withliberality if the presentation ofthe merits of the action and theends of substantial justice willbe subserved thereby. The courtmay grant a continuance toenable the amendment to bemade. (5a)

Section 6. Supplemental pleadings . — Upon motion of aparty the court may, uponreasonable notice and uponsuch terms as are just, permithim to serve a supplemental

pleading setting forthtransactions, occurrences orevents which have happenedsince the date of the pleadingsought to be supplemented. Theadverse party may pleadthereto within ten (10) daysfrom notice of the orderadmitting the supplementalpleading. (6a)

Section 7. Filing of amended pleadings . — When any pleadingis amended, a new copy of theentire pleading, incorporatingthe amendments, which shall beindicated by appropriate marks,shall be filed. (7a)

Section 8. Effect of amended pleadings . — An amended

pleading supersedes thepleading that it amends.However, admissions insuperseded pleadings may bereceived in evidence against thepleader, and claims or defensesalleged therein not incorporated

in the amended pleading shallbe deemed waived. (n)

RULE 11

When to File ResponsivePleadings

Section 1. Answer to thecomplaint . — The defendantshall file his answer to thecomplaint within fifteen (15)days after service of summons,unless a different period is fixed

by the court. (la)

Section 2. Answer of adefendant foreign private

juridical entity . — Where thedefendant is a foreign private

juridical entity and service ofsummons is made on thegovernment official designatedby law to receive the same, theanswer shall be filed withinthirty (30) days after receipt ofsummons by such entity. (2a)

Section 3. Answer to amendedcomplaint . — When the plaintifffiles an amended complaint as amatter of right, the defendantshall answer the same withinfifteen (15) days after beingserved with a copy thereof.

Where its filing is not a matterof right, the defendant shallanswer the amended complaintwithin ten (l0) days from noticeof the order admitting the same.An answer earlier filed mayserve as the answer to theamended complaint if no newanswer is filed.

This Rule shall apply to theanswer to an amendedcounterclaim, amended cross-claim, amended third (fourth,etc.) —party complaint, andamended complaint-in-intervention. (3a)



Section 4. Answer tocounterclaim or cross-claim . — A counterclaim or cross-claimmust be answered within ten(10) days from service. (4)

Section 5. Answer to third(fourth, etc.)-party complaint .— The time to answer a third(fourth, etc.) —party complaintshall be governed by the samerule as the answer to thecomplaint. (5a)

Section 6. Reply . — A replymay be filed within ten (10)days from service of thepleading responded to. (6)

Section 7. Answer tosupplemental complain . — Asupplemental complaint may beanswered within ten (10) daysfrom notice of the orderadmitting the same, unless adifferent period is fixed by thecourt. The answer to thecomplaint shall serve as theanswer to the supplementalcomplaint if no new orsupplemental answer is filed.(n)

Section 8. Existingcounterclaim or cross-claim . — A compulsory counterclaim or across-claim that a defending

party has at the time he files hisanswer shall be containedtherein. (8a, R6)

Section 9. Counterclaim orcross-claim arising after answer .— A counterclaim or a cross-claim which either matured orwas acquired by a party afterserving his pleading may, withthe permission of the court, bepresented as a counterclaim ora cross-claim by supplementalpleading before judgment. (9,R6)

Section 10. Omittedcounterclaim or cross-claim . —

When a pleader fails to set up acounterclaim or a cross-claimthrough oversight,inadvertence, or excusableneglect, or when justice

requires, he may, by leave ofcourt, set up the counterclaimor cross-claim by amendmentbefore judgment. (3, R9)

Section 11. Extension of timeto plead . — Upon motion and onsuch terms as may be just, thecourt may extend the time toplead provided in these Rules.

The court may also, upon liketerms, allow an answer or otherpleading to be filed after thetime fixed by these Rules. (7)

RULE 12

Bill of Particulars

Section 1. When applied for ; purpose . — Before respondingto a pleading, a party may movefor a definite statement or for abill of particulars of any matterwhich is not averted withsufficient definiteness orparticularity to enable himproperly to prepare hisresponsive pleading. If the

pleading is a reply, the motionmust be filed within ten (10)days from service thereof. Suchmotion shall point out thedefects complained of, theparagraphs wherein they arecontained, and the detailsdesired. (1a)

Section 2. Action by the court .— Upon the filing of the motion,

the clerk of court mustimmediately bring it to theattention of the court which mayeither deny or grant it outright,or allow the parties theopportunity to be heard. (n)



Section 3. Compliance withorder . — If the motion isgranted, either in whole or inpart, the compliance therewithmust be effected within ten (10)

days from notice of the order,unless a different period is fixedby the court. The bill ofparticulars or a more definitestatement ordered by the courtmay be filed either in a separateor in an amended pleading,serving a copy thereof on theadverse party. (n)

Section 4. Effect of non-compliance . — If the order isnot obeyed, or in case ofinsufficient compliancetherewith, the court may orderthe striking out of the pleadingor the portions thereof to whichthe order was directed or makesuch other order as it deems

just. (1[c]a)

Section 5. Stay of period to fileresponsive pleading . — Afterservice of the bill of particularsor of a more definite pleading,or after notice of denial of hismotion, the moving party mayfile his responsive pleadingwithin the period to which hewas entitled at the time of filinghis motion, which shall not beless than five (5) days in anyevent. (1[b]a)

Section 6. Bill a part of pleading . — A bill of particularsbecomes part of the pleading forwhich it is intended. (1[a]a)

RULE 13

Filing and Service ofPleadings, Judgments and

Other Papers

Section 1. Coverage . — ThisRule shall govern the filing of allpleadings and other papers, as

well as the service thereof,except those for which adifferent mode of service isprescribed. (n)

Section 2. Filing and service , defined . — Filing is the act ofpresenting the pleading or otherpaper to the clerk of court.

Service is the act of providing aparty with a copy of thepleading or paper concerned. Ifany party has appeared bycounsel, service upon him shallbe made upon his counsel orone of them, unless serviceupon the party himself isordered by the court. Whereone counsel appears for severalparties, he shall only be entitledto one copy of any paper servedupon him by the opposite side.(2a)

Section 3. Manner of filing . — The filing of pleadings,appearances, motions, notices,orders, judgments and all otherpapers shall be made bypresenting the original copiesthereof, plainly indicated assuch, personally to the clerk ofcourt or by sending them byregistered mail. In the firstcase, the clerk of court shallendorse on the pleading the

date and hour of filing. In thesecond case, the date of themailing of motions, pleadings,or any other papers orpayments or deposits, as shownby the post office stamp on theenvelope or the registry receipt,shall be considered as the dateof their filing, payment, ordeposit in court. The envelope

shall be attached to the recordof the case. (1a)

Section 4. Papers required tobe filed and served . — Every

judgment, resolution, order,pleading subsequent to thecomplaint, written motion,



notice, appearance, demand,offer of judgment or similarpapers shall be filed with thecourt, and served upon theparties affected. (2a)

Section 5. Modes of service . — Service of pleadings motions,notices, orders, judgments andother papers shall be madeeither personally or by mail.(3a)

Section 6. Personal service . — Service of the papers may bemade by delivering personally acopy to the party or his counsel,or by leaving it in his office withhis clerk or with a person havingcharge thereof. If no person isfound in his office, or his officeis not known, or he has nooffice, then by leaving the copy,between the hours of eight inthe morning and six in theevening, at the party's or

counsel's residence, if known,with a person of sufficient ageand discretion then residingtherein. (4a)

Section 7. Service by mail . — Service by registered mail shallbe made by depositing the copyin the post office in a sealedenvelope, plainly addressed tothe party or his counsel at his

office, if known, otherwise at hisresidence, if known, withpostage fully prepaid, and withinstructions to the postmasterto return the mail to the senderafter ten (10) days ifundelivered. If no registryservice is available in thelocality of either the senders orthe addressee, service may be

done by ordinary mail. (5a; BarMatter No. 803, 17 February1998)

Section 8. Substituted service .— If service of pleadings,motions, notices, resolutions,orders and other papers cannot

be made under the twopreceding sections, the officeand place of residence of theparty or his counsel beingunknown, service may be made

by delivering the copy to theclerk of court, with proof offailure of both personal serviceand service by mail. The serviceis complete at the time of suchdelivery. (6a)

Section 9. Service of judgments , final orders , orresolutions . — Judgments, finalorders or resolutions shall beserved either personally or byregistered mail. When a partysummoned by publication hasfailed to appear in the action,

judgments, final orders orresolutions against him shall beserved upon him also bypublication at the expense ofthe prevailing party. (7a)

Section 10. Completeness ofservice . — Personal service iscomplete upon actual delivery.Service by ordinary mail iscomplete upon the expiration often (10) days after mailing,unless the court otherwiseprovides. Service by registeredmail is complete upon actualreceipt by the addressee, orafter five (5) days from the datehe received the first notice ofthe postmaster, whichever dateis earlier. (8a)

Section 11. Priorities in modesof service and filing . — Whenever practicable, theservice and filing of pleadingsand other papers shall be donepersonally. Except with respect

to papers emanating from thecourt, a resort to other modesmust be accompanied by awritten explanation why theservice or filing was not donepersonally. A violation of thisRule may be cause to consider



the paper as not filed. (n)

Section 12. Proof of filing . — The filing of a pleading or papershall be proved by its existence

in the record of the case. If it isnot in the record, but is claimedto have been filed personally,the filing shall be proved by thewritten or stampedacknowledgment of its filing bythe clerk of court on a copy ofthe same; if filed by registeredmail, by the registry receipt andby the affidavit of the personwho did the mailing, containinga full statement of the date andplace of depositing the mail inthe post office in a sealedenvelope addressed to thecourt, with postage fullyprepaid, and with instructions tothe postmaster to return themail to the sender after ten (10)days if not delivered. (n)

Section 13. Proof of Service .—

Proof of personal service shallconsist of a written admission ofthe party served, or the officialreturn of the server, or theaffidavit of the party serving,containing a full statement ofthe date, place and manner ofservice. If the service is byordinary mail, proof thereofshall consist of an affidavit ofthe person mailing of factsshowing compliance with section7 of this Rule. If service is madeby registered mail, proof shallbe made by such affidavit andthe registry receipt issued bythe mailing office. The registryreturn card shall be filedimmediately upon its receipt bythe sender, or in lieu thereof the

unclaimed letter together withthe certified or sworn copy ofthe notice given by thepostmaster to the addressee.(10a)

Section 14. Notice of lis

pendens . — In an actionaffecting the title or the right ofpossession of real property, theplaintiff and the defendant,when affirmative relief is

claimed in his answer, mayrecord in the office of theregistry of deeds of the provincein which the property is situatednotice of the pendency of theaction. Said notice shall containthe names of the parties andthe object of the action ordefense, and a description ofthe property in that provinceaffected thereby. Only from thetime of filing such notice forrecord shall a purchaser, orencumbrancer of the propertyaffected thereby, be deemed tohave constructive notice of thependency of the action, andonly of its pendency against theparties designated by their realnames.

The notice of lis pendens hereinabove mentioned may becancelled only upon order of thecourt, after proper showing thatthe notice is for the purpose ofmolesting the adverse party, orthat it is not necessary toprotect the rights of the rightsof the party who caused it to berecorded. (24a, R-14)

RULE 14

Summons

Section 1. Clerk to issuesummons . — Upon the filing ofthe complaint and the paymentof the requisite legal fees, theclerk of court shall forthwithissue the correspondingsummons to the defendants.(1a)

Section 2. Contents . — Thesummons shall be directed tothe defendant, signed by the



clerk of court under seal andcontain (a) the name of thecourt and the names of theparties to the action; (b) adirection that the defendant

answer within the time fixed bythese Rules; (c) a notice thatunless the defendant so answersplaintiff will take judgment bydefault and may be granted therelief applied for.

A copy of the complaint andorder for appointment ofguardian ad litem if any, shallbe attached to the original andeach copy of the summons. (3a)

Section 3. By whom served . — The summons may be served bythe sheriff, his deputy, or otherproper court officer, or for

justifiable reasons by anysuitable person authorized bythe court issuing the summons.(5a)

Section 4. Return . — When theservice has been completed, theserver shall, within five (5) daystherefrom, serve a copy of thereturn, personally or byregistered mail, to the plaintiff'scounsel, and shall return thesummons to the clerk, whoissued it, accompanied by proofof service. (6a)

Section 5. Issuance of aliassummons . — If a summons isreturned without being servedon any or all of the defendants,the server shall also serve acopy of the return on theplaintiff's counsel, stating thereasons for the failure ofservice, within five (5) daystherefrom. In such a case, or ifthe summons has been lost, theclerk, on demand of theplaintiff, may issue an aliassummons. (4a)

Section 6. Service in person ondefendant . — Whenever

practicable, the summons shallbe served by handling a copythereof to the defendant inperson, or, if he refuses toreceive and sign for it, by

tendering it to him. (7a)

Section 7. Substituted service .— If, for justifiable causes, thedefendant cannot be servedwithin a reasonable time asprovided in the precedingsection, service may be effected(a) by leaving copies of thesummons at the defendant'sresidence with some person ofsuitable age and discretion thenresiding therein, or (b) byleaving the copies atdefendant's office or regularplace of business with somecompetent person in chargethereof. (8a)

Section 8. Service upon entitywithout juridical personality . —

When persons associated in anentity without juridicalpersonality are sued under thename by which they aregenerally or commonly known,service may be effected upon allthe defendants by serving uponany one of them, or upon theperson in charge of the office orplace of business maintained insuch name. But such serviceshall not bind individually anyperson whose connection withthe entity has, upon due notice,been severed before the actionwas brought. (9a)

Section 9. Service upon prisoners . — When thedefendant is a prisoner confinedin a jail or institution, service

shall be effected upon him bythe officer having themanagement of such jail orinstitution who is deemeddeputized as a special sheriff forsaid purpose. (12a)

Section 10. Service upon



minors and incompetents . — When the defendant is a minor,insane or otherwise anincompetent, service shall bemade upon him personally and

on his legal guardian if he hasone, or if none his guardian adlitem whose appointment shallbe applied for by the plaintiff. Inthe case of a minor, service mayalso be made on his father ormother. (l0a, 11a)

Section 11. Service upondomestic private juridical entity .— When the defendant is acorporation, partnership orassociation organized under thelaws of the Philippines with a

juridical personality, servicemay be made on the president,managing partner, generalmanager, corporate secretary,treasurer, or in-house counsel.(13a)

Section 12. Service uponforeign private juridical entities .— When the defendant is aforeign private juridical entitywhich has transacted businessin the Philippines, service maybe made on its resident agentdesignated in accordance withlaw for that purpose, or, if therebe no such agent, on thegovernment official designatedby law to that effect, or on anyof its officers or agents withinthe Philippines. (14a)

Section 13. Service upon publiccorporations . — When thedefendant is the Republic of thePhilippines, service may beeffected on the SolicitorGeneral; in case of a province,

city or municipality, or likepublic corporations, service maybe effected on its executivehead, or on such other officer orofficers as the law or the courtmay direct. (15)

Section 14. Service upon

defendant whose identity orwhereabouts are unknown . — Inany action where the defendantis designated as an unknownowner, or the like, or whenever

his whereabouts are unknownand cannot be ascertained bydiligent inquiry, service may, byleave of court, be effected uponhim by publication in anewspaper of general circulationand in such places and for suchtime as the court may order.(16a)

Section 15. Extraterritorialservice . — When the defendantdoes not reside and is not foundin the Philippines, and the actionaffects the personal status ofthe plaintiff or relates to, or thesubject of which is, propertywithin the Philippines, in whichthe defendant has or claims alien or interest, actual orcontingent, or in which the relief

demanded consists, wholly or inpart, in excluding the defendantfrom any interest therein, or theproperty of the defendant hasbeen attached within thePhilippines, service may, byleave of court, be effected outof the Philippines by personalservice as under section 6; orby publication in a newspaper ofgeneral circulation in suchplaces and for such time as thecourt may order, in which casea copy of the summons andorder of the court shall be sentby registered mail to the lastknown address of thedefendant, or in any othermanner the court may deemsufficient. Any order grantingsuch leave shall specify a

reasonable time, which shall notbe less than sixty (60) daysafter notice, within which thedefendant must answer. (17a)

Section 16. Residentstemporarily out of the



Philippines . — When any actionis commenced against adefendant who ordinarily resideswithin the Philippines, but whois temporarily out of it, service

may, by leave of court, be alsoeffected out of the Philippines,as under the preceding section.(18a)

Section 17. Leave of court . — Any application to the courtunder this Rule for leave toeffect service in any manner forwhich leave of court isnecessary shall be made bymotion in writing, supported byaffidavit of the plaintiff or someperson on his behalf, settingforth the grounds for theapplication. (19)

Section 18. Proof of service . — The proof of service of asummons shall be made inwriting by the server and shall

set forth the manner, place, anddate of service; shall specifyany papers which have beenserved with the process and thename of the person whoreceived the same; and shall besworn to when made by aperson other than a sheriff orhis deputy. (20)

Section 19. Proof of service by

publication . — If the service hasbeen made by publication,service may be proved by theaffidavit of the printer, hisforeman or principal clerk, or ofthe editor, business oradvertising manager, to whichaffidavit a copy of thepublication shall be attachedand by an affidavit showing the

deposit of a copy of thesummons and order forpublication in the post office,postage prepaid, directed to thedefendant by registered mail tohis last known address. (21)

Section 20. Voluntary

appearance . — The defendant'svoluntary appearance in theaction shall be equivalent toservice of summons. Theinclusion in a motion to dismiss

of other grounds aside from lackof jurisdiction over the person ofthe defendant shall not bedeemed a voluntaryappearance. (23a)

RULE 15

Motions

Section 1. Motion defined . — Amotion is an application forrelief other than by a pleading.(1a)

Section 2. Motions must be inwritings . — All motions shall bein writing except those made inopen court or in the course of ahearing or trial. (2a)

Section 3. Contents . — Amotion shall state the reliefsought to be obtained and thegrounds upon which it is based,and if required by these Rules ornecessary to prove facts allegedtherein, shall be accompaniedby supporting affidavits andother papers. (3a)

Section 4. Hearing of motion .— Except for motions which thecourt may act upon withoutprejudicing the rights of theadverse party, every writtenmotion shall be set for hearingby the applicant.

Every written motion required tobe heard and the notice of the

hearing thereof shall be servedin such a manner as to ensureits receipt by the other party atleast three (3) days before thedate of hearing, unless the courtfor good cause sets the hearingon shorter notice. (4a)



Section 5. Notice of hearing . — The notice of hearing shall beaddressed to all partiesconcerned, and shall specify thetime and date of the hearing

which must not be later thanten (10) days after the filing ofthe motion. (5a)

Section 6. Proof of servicenecessary . — No written motionset for hearing shall be actedupon by the court without proofof service thereof. (6a)

Section 7. Motion day . — Except for motions requiringimmediate action, all motionsshall be scheduled for hearingon Friday afternoons, or ifFriday is a non-working day, inthe afternoon of the nextworking day. (7a)

Section 8. Omnibus motion . — Subject to the provisions ofsection 1 of Rule 9, a motionattacking a pleading, order,

judgment, or proceeding shallinclude all objections thenavailable, and all objections notso included shall be deemedwaived. (8a)

Section 9. Motion for leave . — A motion for leave to file apleading or motion shall be

accompanied by the pleading ormotion sought to be admitted.(n)

Section 10. Form . — The Rulesapplicable to pleadings shallapply to written motions so faras concerns caption,designation, signature, andother matters of form. (9a)

RULE 16

Motion to Dismiss

Section 1. Grounds . — Within

the time for but before filing theanswer to the complaint orpleading asserting a claim, amotion to dismiss may be madeon any of the following grounds:

(a) That the court has no jurisdiction over the person ofthe defending party;

(b) That the court has no jurisdiction over the subjectmatter of the claim;

(c) That venue is improperlylaid;

(d) That the plaintiff has nolegal capacity to sue;

(e) That there is another actionpending between the sameparties for the same cause;

(f) That the cause of action isbarred by a prior judgment orby the statute of limitations;

(g) That the pleading assertingthe claim states no cause ofaction;

(h) That the claim or demandset forth in the plaintiff'spleading has been paid, waived,abandoned, or otherwiseextinguished;

(i) That the claim on which theaction is founded is enforceableunder the provisions of thestatute of frauds; and

(j) That a condition precedentfor filing the claim has not beencomplied with. (1a)

Section 2. Hearing of motion .— At the hearing of the motion,the parties shall submit theirarguments on the questions oflaw and their evidence on thequestions of fact involvedexcept those not available atthat time. Should the case go totrial, the evidence presented



during the hearing shallautomatically be part of theevidence of the party presentingthe same. (n)

Section 3. Resolution ofMotion . — After the hearing, thecourt may dismiss the action orclaim, deny the motion, or orderthe amendment of the pleading.

The court shall not defer theresolution of the motion for thereason that the ground reliedupon is not indubitable.

In every case, the resolutionshall state clearly and distinctlythe reasons therefor. (3a)

Section 4. Time to plead . — Ifthe motion is denied, themovant shall file his answerwithin the balance of the periodprescribed by Rule 11 to whichhe was entitled at the time ofserving his motion, but not lessthan five (5) days in any event,computed from his receipt ofthe notice of the denial. If thepleading is ordered to beamended, he shall file hisanswer within the periodprescribed by Rule 11 countedfrom service of the amendedpleading, unless the courtprovides a longer period. (4a)

Section 5. Effect of dismissal .— Subject to the right ofappeal, an order granting amotion to dismiss based onparagraphs (f), (h) and (i) ofsection 1 hereof shall bar therefiling of the same action orclaim. (n)

Section 6. Pleading grounds as

affirmative defenses . — If nomotion to dismiss has beenfiled, any of the grounds fordismissal provided for in thisRule may be pleaded as anaffirmative defense in theanswer and, in the discretion of

the court, a preliminary hearingmay be had thereon as if amotion to dismiss had beenfiled. (5a)

The dismissal of the complaintunder this section shall bewithout prejudice to theprosecution in the same orseparate action of acounterclaim pleaded in theanswer. (n)

RULE 17

Dismissal of Actions

Section 1. Dismissal uponnotice by plaintiff. — Acomplaint may be dismissed bythe plaintiff by filing a notice ofdismissal at any time beforeservice of the answer or of amotion for summary judgment.Upon such notice being filed,the court shall issue an orderconfirming the dismissal. Unlessotherwise stated in the notice,the dismissal is withoutprejudice, except that a noticeoperates as an adjudicationupon the merits when filed by aplaintiff who has once dismissedin a competent court an actionbased on or including the same

claim. (1a)

Section 2. Dismissal uponmotion of plaintiff. — Except asprovided in the precedingsection, a complaint shall not bedismissed at the plaintiff'sinstance save upon approval ofthe court and upon such termsand conditions as the courtdeems proper. If a counterclaimhas been pleaded by adefendant prior to the serviceupon him of the plaintiffs motionfor dismissal, the dismissal shallbe limited to the complaint. Thedismissal shall be withoutprejudice to the right of the



defendant to prosecute hiscounterclaim in a separateaction unless within fifteen (15)days from notice of the motionhe manifests his preference to

have his counterclaim resolvedin the same action. Unlessotherwise specified in the order,a dismissal under this paragraphshall be without prejudice. Aclass suit shall not be dismissedor compromised without theapproval of the court. (2a)

Section 3. Dismissal due tofault of plaintiff. — If, for no

justifiable cause, the plaintifffails to appear on the date ofthe presentation of his evidencein chief on the complaint, or toprosecute his action for anunreasonable length of time, orto comply with these Rules orany order of the court, thecomplaint may be dismissedupon motion of the defendant or

upon the court's own motion,without prejudice to the right ofthe defendant to prosecute hiscounterclaim in the same or in aseparate action. This dismissalshall have the effect of anadjudication upon the merits,unless otherwise declared bythe court. (3a)

Section 4. Dismissal ofcounterclaim , cross-claim , orthird-party complaint . — Theprovisions of this Rule shallapply to the dismissal of anycounterclaim, cross-claim, orthird-party complaint. Avoluntary dismissal by theclaimant by notice as in section1 of this Rule, shall be madebefore a responsive pleading or

a motion for summary judgmentis served or, if there is none,before the introduction ofevidence at the trial or hearing.(4a)

RULE 18

Pre-Trial

Section 1. When conducted .—

After the last pleading has beenserved and filed, if shall be theduty of the plaintiff to promptlymove ex parte that the case beset for pre-trial (5a, R20)

Section 2. Nature and purpose .— The pre-trial is mandatory.The court shall consider:

(a) The possibility of anamicable settlement or of asubmission to alternative modesof dispute resolution;

(b) The simplification of theissues;

(c) The necessity or desirabilityof amendments to thepleadings;

(d) The possibility of obtainingstipulations or admissions offacts and of documents to avoidunnecessary proof;

(e) The limitation of the numberof witnesses;

(f) The advisability of apreliminary reference of issues

to a commissioner;

(g) The propriety of rendering judgment on the pleadings, orsummary judgment, or ofdismissing the action should avalid ground therefor be foundto exist;

(h) The advisability or necessityof suspending the proceedings;and

(i) Such other matters as mayaid in the prompt disposition ofthe action. (1a, R20)

Section 3. Notice of pre-trial .



— The notice of pre-trial shallbe served on counsel, or on theparty who has no counsel. Thecounsel served with such noticeis charged with the duty of

notifying the party representedby him. (n)

Section 4. Appearance of parties . — It shall be the duty ofthe parties and their counsel toappear at the pre-trial. The non-appearance of a party may beexcused only if a valid cause isshown therefor or if arepresentative shall appear inhis behalf fully authorized inwriting to enter into an amicablesettlement, to submit toalternative modes of disputeresolution, and to enter intostipulations or admissions offacts and of documents. (n)

Section 5. Effect of failure toappear . — The failure of the

plaintiff to appear when sorequired pursuant to the nextpreceding section shall be causefor dismissal of the action. Thedismissal shall be withprejudice, unless other-wiseordered by the court. A similarfailure on the part of thedefendant shall be cause toallow the plaintiff to present hisevidence ex parte and the courtto render judgment on the basisthereof. (2a, R20)

Section 6. Pre-trial brief. — The parties shall file with thecourt and serve on the adverseparty, in such manner as shallensure their receipt thereof atleast three (3) days before thedate of the pre-trial, their

respective pre-trial briefs whichshall contain, among others:

(a) A statement of theirwillingness to enter intoamicable settlement oralternative modes of disputeresolution, indicating the

desired terms thereof;

(b) A summary of admittedfacts and proposed stipulation offacts;

(c) The issues to be tried orresolved;

(d) The documents or exhibitsto be presented stating thepurpose thereof;

(e) A manifestation of theirhaving availed or their intentionto avail themselves of discovery

procedures or referral tocommissioners; and

(f) The number and names ofthe witnesses, and thesubstance of their respectivetestimonies.

Failure to file the pre-trial briefshall have the same effect asfailure to appear at the pre-trial.

(n)

Section 7. Record of pre-trial .— The proceedings in the pre-trial shall be recorded. Upon thetermination thereof, the courtshall issue an order which shallrecite in detail the matterstaken up in the conference, theaction taken thereon, theamendments allowed to thepleadings, and the agreementsor admissions made by theparties as to any of the mattersconsidered. Should the actionproceed to trial, the order shall,explicitly define and limit theissues to be tried. The contentsof the order shall control thesubsequent course of the action,unless modified before trial to

prevent manifest injustice. (5a,R20)

RULE 19



Intervention

Section 1. Who may intervene .— A person who has a legalinterest in the matter in

litigation, or in the success ofeither of the parties, or aninterest against both, or is sosituated as to be adverselyaffected by a distribution orother disposition of property inthe custody of the court or of anofficer thereof may, with leaveof court, be allowed to intervenein the action. The court shallconsider whether or not theintervention will unduly delay orprejudice the adjudication of therights of the original parties,and whether or not theintervenor's rights may be fullyprotected in a separateproceeding. (2[a], [b]a, R12)

Section 2. Time to intervene .— The motion to intervene may

be filed at any time beforerendition of judgment by thetrial court. A copy of thepleading-in-intervention shall beattached to the motion andserved on the original parties.(n)

Section 3. Pleadings-in-intervention . — The intervenorshall file a complaint-in-

intervention if he asserts a claimagainst either or all of theoriginal parties, or an answer-in-intervention if he unites withthe defending party in resistinga claim against the latter.(2[c]a, R12)

Section 4. Answer tocomplaint-in-intervention . — The answer to the complaint-in-intervention shall be filed withinfifteen (15) days from notice ofthe order admitting the same,unless a different period is fixedby the court. (2[d]a, R12)

RULE 20

Calendar of Cases

Section 1. Calendar of cases .— The clerk of court, under thedirect supervision of the judge,shall keep a calendar of casesfor pre-trial, for trial, thosewhose trials were adjourned orpostponed, and those withmotions to set for hearing.Preference shall be given tohabeas corpus cases, electioncases, special civil actions, andthose so required by law. (1a,R22)

Section 2. Assignment ofcases . — The assignment ofcases to the different branchesof a court shall be doneexclusively by raffle. Theassignment shall be done inopen session of which adequatenotice shall be given so as toafford interested parties theopportunity to be present. (7a,R22)

RULE 21

Subpoena

Section 1. Subpoena andsubpoena duces tecum . — Subpoena is a process directedto a person requiring him toattend and to testify at thehearing or the trial of an action,or at any investigationconducted by competentauthority, or for the taking ofhis deposition. It may alsorequire him to bring with him

any books, documents, or otherthings under his control, inwhich case it is called asubpoena duces tecum . (1a,R23)

Section 2. By whom issued . —



The subpoena may be issued by—

(a) the court before whom thewitness is required to attend;

(b) the court of the place wherethe deposition is to be taken;

(c) the officer or bodyauthorized by law to do so inconnection with investigationsconducted by said officer orbody; or

(d) any Justice of the Supreme

Court or of the Court of Appealsin any case or investigationpending within the Philippines.

When application for asubpoena to a prisoner is made,the judge or officer shallexamine and study carefullysuch application to determinewhether the same is made for avalid purpose.

No prisoner sentenced to death,reclusion perpetua or lifeimprisonment and who isconfined in any penal institutionshall be brought outside thesaid penal institution forappearance or attendance inany court unless authorized bythe Supreme Court (2a, R23)

Section 3. Form and contents .— A subpoena shall state thename of the court and the titleof the action or investigation,shall be directed to the personwhose attendance is required,and in the case of a subpoenaduces tecum , it shall alsocontain a reasonable descriptionof the books, documents or

things demanded which mustappear to the court prima facie relevant. (3a, R23)

Section 4. Quashing asubpoena . — The court mayquash a subpoena duces tecum

upon motion promptly madeand, in any event, at or beforethe time specified therein if it isunreasonable and oppressive, orthe relevancy of the books,

documents or things does notappear, or if the person inwhose behalf the subpoena isissued fails to advance thereasonable cost of theproduction thereof.

The court may quash asubpoena ad testificandum onthe ground that the witness isnot bound thereby. In eithercase, the subpoena may bequashed on the ground that thewitness fees and kilometrageallowed by these Rules were nottendered when the subpoenawas served. (4a, R23)

Section 5. Subpoena fordepositions . — Proof of serviceof a notice to take a deposition,

as provided in sections 15 and25 of Rule 23, shall constitutesufficient authorization for theissuance of subpoenas for thepersons named in said notice bythe clerk of the court of theplace in which the deposition isto be taken. The clerk shall not,however, issue a subpoenaduces tecum to any such personwithout an order of the court.(5a, R23)

Section 6. Service . — Serviceof a subpoena shall be made inthe same manner as personal orsubstituted service of summons.The original shall be exhibitedand a copy thereof delivered tothe person on whom it isserved, tendering to him the

fees for one day's attendanceand the kilometrage allowed bythese Rules, except that, whena subpoena is issued by or onbehalf of the Republic of thePhilippines or an officer oragency thereof, the tender need



not be made. The service mustbe made so as to allow thewitness a reasonable time forpreparation and travel to theplace of attendance. If the

subpoena is duces tecum, thereasonable cost of producing thebooks, documents or thingsdemanded shall also betendered. (6a, R23)

Section 7. Personal appearancein court . — A person present incourt before a judicial officermay be required to testify as ifhe were in attendance upon asubpoena is sued by such courtor officer. (10, R23)

Section 8. Compellingattendance . — In case of failureof a witness to attend, the courtor judge issuing the subpoena,upon proof of the servicethereof and of the failure of thewitness, may issue a warrant to

the sheriff of the province, orhis deputy, to arrest the witnessand bring him before the courtor officer where his attendanceis required, and the cost of suchwarrant and seizure of suchwitness shall be paid by thewitness if the court issuing itshall determine that his failureto answer the subpoena waswillful and without just excuse.(11, R23)

Section 9. Contempt . — Failureby any person without adequatecause to obey a subpoenaserved upon him shall bedeemed a contempt of the courtfrom which the subpoena isissued. If the subpoena was notissued by a court, the

disobedience thereto shall bepunished in accordance with theapplicable law or Rule. (12aR23)

Section 10. Exceptions . — Theprovisions of sections 8 and 9 ofthis Rule shall not apply to a

witness who resides more thanone hundred (100) kilometersfrom his residence to the placewhere he is to testify by theordinary course of travel, or to a

detention prisoner if nopermission of the court in whichhis case is pending wasobtained. (9a, R23)

RULE 22

Computation of Time

Section 1. How to computetime . — In computing anyperiod of time prescribed orallowed by these Rules, or byorder of the court, or by anyapplicable statute, the day ofthe act or event from which thedesignated period of timebegins to run is to be excludedand the date of performanceincluded. If the last day of theperiod, as thus computed, fallson a Saturday a Sunday, or alegal holiday in the place wherethe court sits, the time shall notrun until the next working day.(a)

Section 2. Effect ofinterruption . — Should an act bedone which effectively interrupts

the running of the period, theallowable period after suchinterruption shall start to run onthe day after notice of thecessation of the cause thereof.

The day of the act that causedthe interruption shall beexcluded in the computation ofthe period. (n)

RULE 23

Depositions Pending Action

Section 1. Depositions pending



action , when may be taken . — By leave of court after

jurisdiction has been obtainedover any defendant or overproperty which is the subject of

the action, or without suchleave after an answer has beenserved, the testimony of anyperson, whether a party or not,may be taken, at the instance ofany party, by deposition uponoral examination or writteninterrogatories. The attendanceof witnesses may be compelledby the use of a subpoena asprovided in Rule 21. Depositionsshall be taken only inaccordance with these Rules.The deposition of a personconfined in prison may be takenonly by leave of court on suchterms as the court prescribes.(1a, R24)

Section 2. Scope ofexamination . — Unless

otherwise ordered by the courtas provided by section 16 or 18of this Rule, the deponent maybe examined regarding anymatter, not privileged, which isrelevant to the subject of thepending action, whether relatingto the claim or defense of anyother party, including theexistence, description, nature,custody, condition, and locationof any books, documents, orother tangible things and theidentity and location of personshaving knowledge of relevantfacts. (2, R24)

Section 3. Examination andcross-examination . — Examination and cross-examination of deponents may

proceed as permitted at the trialunder sections 3 to 18 of Rule132. (3a, R24)

Section 4. Use of depositions .— At the trial or upon thehearing of a motion or an

interlocutory proceeding, anypart or all of a deposition, so faras admissible under the rules ofevidence, may be used againstany party who was present or

represented at the taking of thedeposition or who had duenotice thereof, in accordancewith any one of the followingprovisions;

(a) Any deposition may be usedby any party for the purpose ofcontradicting or impeaching thetestimony of deponent as awitness;

(b) The deposition of a party orof any one who at the time oftaking the deposition was anofficer, director, or managingagent of a public or privatecorporation, partnership, orassociation which is a party maybe used by an adverse party forany purpose;

(c) The deposition of a witness,whether or not a party, may beused by any party for anypurpose if the court finds: (1)that the witness is dead, or (2)that the witness resides at adistance more than one hundred(100) kilometers from the placeof trial or hearing, or is out ofthe Philippines, unless it

appears that his absence wasprocured by the party offeringthe deposition, or (3) that thewitness is unable to attend ortestify because of age, sickness,infirmity, or imprisonment, or(4) that the party offering thedeposition has been unable toprocure the attendance of thewitness by subpoena; or (5)

upon application and notice,that such exceptionalcircumstances exist as to makeit desirable, in the interest of

justice and with due regard tothe importance of presentingthe testimony of witnesses



orally in open court, to allow thedeposition to be used; and

(d) If only part of a deposition isoffered in evidence by a party,

the adverse party may requirehim to introduce all of it whichis relevant to the partintroduced, and any party mayintroduce any other parts. (4a,R24)

Section 5. Effect of substitutionof parties . — Substitution ofparties does not affect the rightto use depositions previouslytaken; and, when an action hasbeen dismissed and anotheraction involving the samesubject is afterward broughtbetween the same parties ortheir representatives orsuccessors in interest, alldepositions lawfully taken andduly filed in the former actionmay be used in the latter as if

originally taken therefor. (5,R24)

Section 6. Objections toadmissibility . — Subject to theprovisions of section 29 of thisRule, objection may be made atthe trial or hearing, to receivingin evidence any deposition orpart thereof for any reasonwhich would require the

exclusion of the evidence if thewitness were then present andtestifying (6, R24)

Section 7. Effect of takingdepositions . — A party shall notbe deemed to make a personhis own witness for any purposeby taking his deposition. (7,R24)

Section 8. Effect of usingdepositions . — The introductionin evidence of the deposition orany part thereof for any purposeother than that of contradictingor impeaching the deponentmakes the deponent the witness

of the party introducing thedeposition, but this shall notapply to the use by an adverseparty of a deposition asdescribed in paragraph (b) of

section 4 of this Rule. (8, R24)

Section 9. Rebuttingdeposition . — At the trial orhearing any party may rebutany relevant evidence containedin a deposition whetherintroduced by him or by anyother party. (9, R24)

Section 10. Persons beforewhom depositions may be takenwithin the Philippines . — Withinthe Philippines depositions maybe taken before any judge,notary public, or the personreferred to in section 14 hereof.(10a, R24)

Section 11. Persons beforewhom depositions may be takenin foreign countries . — In aforeign state or country,depositions may be taken (a) onnotice before a secretary ofembassy or legation, consulgeneral, consul, vice-consul, orconsular agent of the Republicof the Philippines, (b) beforesuch person or officer as may beappointed by commission orunder letters rogatory; or (c)

the person referred to in section14 hereof. (11a, R24)

Section 12. Commission orletters rogatory . — Acommission or letters rogatoryshall be issued only whennecessary or convenient, onapplication and notice, and onsuch terms, and with suchdirection as are just andappropriate. Officers may bedesignated in notices orcommissions either by name ordescriptive title and lettersrogatory may be addressed tothe appropriate judicialauthority in the foreign country.



(12a, R24)

Section 13. Disqualification byinterest . — No deposition shallbe taken before a person who is

a relative within the sixthdegree of consanguinity oraffinity, or employee or counselof any of the parties, or who is arelative within the same degree,or employee of such counsel; orwho is financially interested inthe action. (13a, R24)

Section 14. Stipulationsregarding taking of depositions .— If the parties so stipulate inwriting, depositions may betaken before any personauthorized to administer oaths,at any time or place, inaccordance with these Rules andwhen so taken may be used likeother depositions. (14a, R24)

Section 15. Deposition uponoral examination ; notice ; timeand place . — A party desiring totake the deposition of anyperson upon oral examinationshall give reasonable notice inwriting, to every other party tothe action. The notice shall statethe time and place for takingthe deposition and the nameand address of each person tobe examined, if known, and if

the name is not known, ageneral description sufficient toidentify him or the particularclass or group to which hebelongs. On motion of any partyupon whom the notice is served,the court may for cause shownenlarge or shorten the time.(15, R24)

Section 16. Orders for the protection of parties anddeponents . — After notice isserved for taking a depositionby oral examination, uponmotion seasonably made by anyparty or by the person to beexamined and for good cause

shown, the court in which theaction is pending may make anorder that the deposition shallnot be taken, or that it may betaken only at some designated

place other than that stated inthe notice, or that it may betaken only on writteninterrogatories, or that certainmatters shall not be inquiredinto, or that the scope of theexamination shall be held withno one present except theparties to the action and theirofficers or counsel, or that afterbeing sealed the deposition shallbe opened only by order of thecourt, or that secret processes,developments, or research neednot be disclosed, or that theparties shall simultaneously filespecified documents orinformation enclosed in sealedenvelopes to be opened asdirected by the court or thecourt may make any other order

which justice requires to protectthe party or witness fromannoyance, embarrassment, oroppression. (16a, R24)

Section 17. Record ofexamination , oath ; objections .— The officer before whom thedeposition is to be taken shallput the witness on oath andshall personally, or by some oneacting under his direction and inhis presence, record thetestimony of the witness. Thetestimony shall be takenstenographically unless theparties agree otherwise. Allobjections made at the time ofthe examination to thequalifications of the officertaking the deposition, or to the

manner of talking it, or to theevidence presented, or to theconduct of any party, and anyother objection to theproceedings, shall be noted bythe officer upon the deposition.Evidence objected to shall be



taken subject to the objections.In lieu of participating in theoral examination, parties servedwith notice of taking adeposition may transmit written

interrogatories to the officers,who shall propound them to thewitness and record the answersverbatim . (17, R24)

Section 18. Motion toterminate or limit examination .— At any time during the takingof the deposition, on motion orpetition of any party or of thedeponent, and upon a showingthat the examination is beingconducted in bad faith or insuch manner as unreasonably toannoy, embarrass, or oppressthe deponent or party, the courtin which the action is pending orthe Regional Trial Court of theplace where the deposition isbeing taken may order theofficer conducting the

examination to cease forthwithfrom taking the deposition, ormay limit the scope and mannerof the taking of the deposition,as provided in section 16 of thisRule. If the order madeterminates the examination, itshall be resumed thereafter onlyupon the order of the court inwhich the action is pending.Upon demand of the objectingparty or deponent, the taking ofthe deposition shall besuspended for the timenecessary to make a notice foran order. In granting or refusingsuch order, the court mayimpose upon either party orupon the witness therequirement to pay such costsor expenses as the court may

deem reasonable. (18a, R24)

Section 19. Submission towitness ; changes ; signing . — When the testimony is fullytranscribed, the deposition shallbe submitted to the witness for

examination and shall be readto or by him, unless suchexamination and reading arewaived by the witness and bythe parties. Any changes in form

or substance which the witnessdesires to make shall be enteredupon the deposition by theofficer with a statement of thereasons given by the witness formaking them. The depositionshall then be signed by thewitness, unless the parties bystipulation waive the signing orthe witness is ill or cannot befound or refuses to sign. If thedeposition is not signed by thewitness, the officer shall sign itand state on the record the factof the waiver or of the illness orabsence of the witness or thefact of the refusal to signtogether with the reason begiven therefor, if any, and thedeposition may then be used asfully as though signed, unless

on a motion to suppress undersection 29 (f) of this Rule, thecourt holds that the reasonsgiven for the refusal to signrequire rejection of thedeposition in whole or in part.(19a, R24)

Section 20. Certification , andfiling by officer . — The officershall certify on the depositionthat the witness was duly swornto by him and that thedeposition is a true record of thetestimony given by the witness.He shall then securely seal thedeposition in an envelopeindorsed with the title of theaction and marked "Depositionof (here insert the name ofwitness)" and shall promptly file

it with the court in which theaction is pending or send it byregistered mail to the clerkthereof for filing. (20, R24)

Section 21. Notice of filing . — The officer taking the deposition



shall give prompt notice of itsfiling to all the parties. (21,R24)

Section 22. Furnishing copies .

— Upon payment of reasonablecharges therefor, the officershall furnish a copy of thedeposition to any party or to thedeponent. (22, R24)

Section 23. Failure to attend of party giving notice . — If theparty giving the notice of thetaking of a deposition fails toattend and proceed therewithand another attends in personor by counsel pursuant to thenotice, the court may order theparty giving the notice to paysuch other party the amount ofthe reasonable expensesincurred by him and his counselin so attending, includingreasonable attorney's fees.(23a, R24)

Section 24. Failure of partygiving notice to serve subpoena .— If the party giving the noticeof the taking of a deposition of awitness fails to serve asubpoena upon him and thewitness because of such failuredoes not attend, and if anotherparty attends in person or bycounsel because he expects the

deposition of that witness to betaken, the court may order theparty giving the notice to pay tosuch other party the amount ofthe reasonable expensesincurred by him and his counselin so attending, includingreasonable attorney's fees.(24a, R24)

Section 25. Deposition uponwritten interrogatories ; serviceof notice and of interrogatories .— A party desiring to take thedeposition of any person uponwritten interrogatories shallserve them upon every otherparty with a notice stating the

name and address of the personwho is to answer them and thename or descriptive title andaddress of the officer beforewhom the deposition is to be

taken. Within ten (10) daysthereafter, a party so servedmay serve cross-interrogatoriesupon the party proposing totake the deposition. Within five(5) days thereafter, the lattermay serve re-directinterrogatories upon a partywho has served cross-interrogatories. Within three (3)days after being served with re-direct interrogatories, a partymay serve recross-interrogatories upon the partyproposing to take thedeposition. (25, R24)

Section 26. Officers to takeresponses and prepare record .— A copy of the notice andcopies of all interrogatories

served shall be delivered by theparty taking the deposition tothe officer designated in thenotice, who shall proceedpromptly, in the mannerprovided by sections 17, 19 and20 of this Rule, to take thetestimony of the witness inresponse to the interrogatoriesand to prepare, certify, and fileor mail the deposition, attachingthereto the copy of the noticeand the interrogatories receivedby him. (26, R24)

Section 27. Notice of filing andfurnishing copies . — When adeposition upon interrogatoriesis filed, the officer taking it shallpromptly give notice thereof toall the parties, and may furnish

copies to them or to thedeponent upon payment ofreasonable charges therefor.(27, R24)

Section 28. Order for the protection of parties and



deponents . — After the serviceof the interrogatories and priorto the taking of the testimony ofthe deponent, the court in whichthe action is pending, on motion

promptly made by a party or adeponent, and for good causeshown, may make any orderspecified in sections 15, 16 and18 of this Rule which isappropriate and just or an orderthat the deposition shall not betaken before the officerdesignated in the notice or thatit shall not be taken exceptupon oral examination. (28a,R24)

Section 29. Effect of errors andirregularities in depositions . —

(a) As to notice . — All errorsand irregularities in the noticefor taking a deposition arewaived unless written objectionis promptly served upon the

party giving the notice.(b) As to disqualification ofofficer . — Objection to taking adeposition because ofdisqualification of the officerbefore whom it is to be taken iswaived unless made before thetaking of the deposition beginsor as soon thereafter as thedisqualification becomes known

or could be discovered withreasonable diligence.

(c) As to competency orrelevancy of evidence . — Objections to the competency ofwitness or the competency,relevancy, or materiality oftestimony are not waived byfailure to make them before orduring the taking of thedeposition, unless the ground,of the objection is one whichmight have been obviated orremoved if presented at thattime.

(d) As to oral examination and

other particulars . — Errors andirregularities occurring at theoral examination in the mannerof taking the deposition in theform of the questions or

answers, in the oath oraffirmation, or in the conduct ofthe parties and errors of anykind which might be obviated,removed, or cured if promptlyprosecuted, are waived unlessreasonable objection thereto ismade at the taking of thedeposition.

(e) As to form of writteninterrogatories . — Objections tothe form of writteninterrogatories submitted undersections 25 and 26 of this Ruleare waived unless served inwriting upon the partypropounding them within thetime allowed for servingsucceeding cross or otherinterrogatories and within three

(3) days after service of the lastinterrogatories authorized.

(f) As to manner of preparation .— Errors and irregularities inthe manner in which thetestimony is transcribed or thedeposition is prepared, signed,certified, sealed, indorsed,transmitted, filed, or otherwisedealt with by the officer undersections 17, 19, 20 and 26 ofthis Rule are waived unless amotion to suppress thedeposition or some part thereofis made with reasonablepromptness after such defect is,or with due diligence might havebeen, ascertained. (29a, R24)

RULE 24

Depositions Before Action orPending Appeal

Section 1. Depositions beforeaction ; petition . — A person



who desires to perpetuate hisown testimony or that ofanother person regarding anymatter that may be cognizablein any court of the Philippines

may file a verified petition in thecourt of the place of theresidence of any expectedadverse party. (1a R134)

Section 2. Contents of petition .— The petition shall be entitledin the name of the petitionerand shall show: (a) that thepetitioner expects to be a partyto an action in a court of thePhilippines but is presentlyunable to bring it or cause it tobe brought; (b) the subjectmatter of the expected actionand his interest therein; (c) thefacts which he desires toestablish by the proposedtestimony and his reasons fordesiring to perpetuate it; (d) thenames or a description of the

persons he expects will beadverse parties and theiraddresses so far as known; and(e) the names and addresses ofthe persons to be examined andthe substance of the testimonywhich he expects to elicit fromeach, and shall ask for an orderauthorizing the petitioner totake the depositions of thepersons to be examined namedin the petition for the purpose ofperpetuating their testimony.(2, R134)

Section 3. Notice and service .— The petitioner shall serve anotice upon each person namedin the petition as an expectedadverse party, together with acopy of the petition, stating that

the petitioner will apply to thecourt, at a time and placenamed therein, for the orderdescribed in the petition. Atleast twenty (20) days beforethe date of the hearing, thecourt shall cause notice thereof

to be served on the parties andprospective deponents in themanner provided for service ofsummons. (3a, R134)

Section 4. Order andexamination . — If the court issatisfied that the perpetuationof the testimony may prevent afailure or delay of justice, itshall make an order designatingor describing the persons whosedeposition may be taken andspecifying the subject matter ofthe examination and whetherthe depositions shall be takenupon oral examination orwritten interrogatories. Thedepositions may be taken inaccordance with Rule 23 beforethe hearing. (4a, R134)

Section 5. Reference to court .— For the purpose of applyingRule 23 to depositions forperpetuating testimony, each

reference therein to the court inwhich the action is pending shallbe deemed to refer to the courtin which the petition for suchdeposition was filed. (5a, R134)

Section 6. Use of deposition . — If a deposition to perpetuatetestimony is taken under thisRule, or if, although not sotaken, it would be admissible in

evidence, it may be used in anyaction involving the samesubject matter sub-sequentlybrought in accordance with theprovisions of sections 4 and 5 ofRule 23. (6a, R134)

Section 7. Depositions pendingappeal . — If an appeal has beentaken from a judgment of acourt, including the Court ofAppeals in proper cases, orbefore the taking of an appeal ifthe time therefor has notexpired, the court in which the

judgment was rendered mayallow the taking of depositionsof witnesses to perpetuate their



testimony for in the event offurther proceedings in the saidcourt. In such case the partywho desires to perpetuate thetestimony may make a motion

in the said court for leave totake the depositions, upon thesame notice and service thereofas if the action was pendingtherein. The motion shall state(a) the names and addresses ofthe persons to be examined andthe substance of the testimonywhich he expects to elicit fromeach, and (b) the reason forperpetuating their testimony. Ifthe court finds that theperpetuation of the testimony isproper to avoid a failure ordelay of justice, it may make anorder allowing the deposition tobe taken, and thereupon thedepositions may be taken andused in the same manner andunder the same conditions asare prescribed in these Rules for

depositions taken in pendingactions. (7a, R134)

RULE 25

Interrogatories to Parties

Section 1. Interrogatories to parties ; service thereof. —

Under the same conditionsspecified in section 1 of Rule 23,any party desiring to elicitmaterial and relevant facts fromany adverse parties shall fileand serve upon the latterwritten interrogatories to beanswered by the party servedor, if the party served is a publicor private corporation or a

partnership or association, byany officer thereof competent totestify in its behalf. (1a)

Section 2. Answer tointerrogatories . — Theinterrogatories shall beanswered fully in writing and

shall be signed and sworn to bythe person making them. Theparty upon whom theinterrogatories have beenserved shall file and serve a

copy of the answers on theparty submitting theinterrogatories within fifteen(15) days after service thereofunless the court on motion andfor good cause shown, extendsor shortens the time. (2a)

Section 3. Objections tointerrogatories . — Objections toany interrogatories may bepresented to the court withinten (10) days after servicethereof, with notice as in case ofa motion; and answers shall bedeferred until the objections areresolved, which shall be at asearly a time as is practicable.(3a)

Section 4. Number of

interrogatories .—

No partymay, without leave of court,serve more than one set ofinterrogatories to be answeredby the same party. (4)

Section 5. Scope and use ofinterrogatories . — Interrogatories may relate toany matters that can beinquired into under section 2 of

Rule 23, and the answers maybe used for the same purposesprovided in section 4 of thesame Rule. (5a)

Section 6. Effect of failure toserve written interrogatories . — Unless thereafter allowed by thecourt for good cause shown andto prevent a failure of justice, aparty not served with writteninterrogatories may not becompelled by the adverse partyto give testimony in open court,or to give a deposition pendingappeal. (n)



RULE 26

Admission by Adverse Party

Section 1. Request foradmission . — At any time afterissues have been joined, a partymay file and serve upon anyother party may file and serveupon any other party a writtenrequest for the admission by thelatter of the genuineness of anymaterial and relevant documentdescribed in and exhibited withthe request or of the truth ofany material and relevantmatter of fact set forth in therequest. Copies of thedocuments shall be deliveredwith the request unless copyhave already been furnished.(1a)

Section 2. Implied admission .— Each of the matters of whichan admission is requested shallbe deemed admitted unless,within a period designated inthe request, which shall not beless than fifteen (15) days afterservice thereof, or within suchfurther time as the court mayallow on motion, the party towhom the request is directedfiles and serves upon the partyrequesting the admission a

sworn statement either denyingspecifically the matters of whichan admission is requested orsetting forth in detail thereasons why he cannottruthfully either admit or denythose matters.

Objections to any request foradmission shall be submitted tothe court by the party requestedwithin the period for and priorto the filing of his swornstatement as contemplated inthe preceding paragraph and hiscompliance therewith shall bedeferred until such objectionsare resolved, which resolution

shall be made as early aspracticable. (2a)

Section 3. Effect of admission .— Any admission made by a

party pursuant to such requestis for the purpose of thepending action only and shallnot constitute an admission byhim for any other purpose normay the same be used againsthim in any other proceeding. (3)

Section 4. Withdrawal . — Thecourt may allow the partymaking an admission under theRule, whether express orimplied, to withdraw or amend itupon such terms as may be

just. (4)

Section 5. Effect of failure tofile and serve request foradmission . — Unless otherwiseallowed by the court for goodcause shown and to prevent afailure of justice a party whofails to file and serve a requestfor admission on the adverseparty of material and relevantfacts at issue which are, orought to be, within the personalknowledge of the latter, shallnot be permitted to presentevidence on such facts. (n)

RULE 27

Production or Inspection ofDocuments or Things

Section 1. Motion for production or inspection ; order .— Upon motion of any partyshowing good cause therefor,the court in which an action is

pending may (a) order anyparty to produce and permit theinspection and copying orphotographing, by or on behalfof the moving party, of anydesignated documents, papers,books, accounts, letters,



photographs, objects or tangiblethings, not privileged, whichconstitute or contain evidencematerial to any matter involvedin the action and which are in

his possession, custody orcontrol, or (b) order any partyto permit entry upon designatedland or other property in hispossession or control for thepurpose of inspecting,measuring, surveying, orphotographing the property orany designated relevant objector operation thereon. The ordershall specify the time, place andmanner of making theinspection and taking copies andphotographs, and may prescribesuch terms and conditions asare just. (1a)

RULE 28

Physical and MentalExamination of Persons

Section 1. When examinationmay be ordered . — In an actionin which the mental or physicalcondition of a party is incontroversy, the court in whichthe action is pending may in itsdiscretion order him to submitto a physical or mental

examination by a physician. (1)

Section 2. Order forexamination . — The order forexamination may be made onlyon motion for good cause shownand upon notice to the party tobe examined and to all otherparties, and shall specify thetime, place, manner, conditionsand scope of the examinationand the person or persons bywhom it is to be made. (2)

Section 3. Report of findings .— If requested by the partyexamined, the party causing theexamination to be made shall

deliver to him a copy of adetailed written report of theexamining physician setting outhis findings and conclusions.After such request and delivery,

the party causing theexamination to be made shall beentitled upon request to receivefrom the party examined a likereport of any examination,previously or thereafter made,of the same mental or physicalcondition. If the party examinedrefuses to deliver such report,the court on motion and noticemay make an order requiringdelivery on such terms as are

just, and if a physician fails orrefuses to make such a reportthe court may exclude histestimony if offered at the trial.(3a)

Section 4. Waiver of privilege .— By requesting and obtaining areport of the examination so

ordered or by taking thedeposition of the examiner, theparty examined waives anyprivilege he may have in thataction or any other involving thesame controversy, regarding thetestimony of every other personwho has examined or maythereafter examine him inrespect of the same mental orphysical examination. (4)

RULE 29

Refusal to Comply withModes of Discovery

Section 1. Refusal to answer .— If a party or other deponentrefuses to answer any questionupon oral examination, theexamination may be completedon other matters or adjournedas the proponent of thequestion may prefer. Theproponent may thereafter applyto the proper court of the place



where the deposition is beingtaken, for an order to compel ananswer. The same proceduremay be availed of when a partyor a witness refuses to answer

any interrogatory submittedunder Rules 23 or 25.

If the application is granted, thecourt shall require the refusingparty or deponent to answer thequestion or interrogatory and ifit also finds that the refusal toanswer was without substantial

justification, it may require therefusing party or deponent orthe counsel advising the refusal,or both of them, to pay theproponent the amount of thereasonable expenses incurred inobtaining the order, includingattorney's fees.

If the application is denied andthe court finds that it was filedwithout substantial justification,

the court may require theproponent or the counseladvising the filing of theapplication, or both of them, topay to the refusing party ordeponent the amount of thereasonable expenses incurred inopposing the application,including attorney's fees. (1a)

Section 2. Contempt of court .

— If a party or other witnessrefuses to be sworn or refusesto answer any question afterbeing directed to do so by thecourt of the place in which thedeposition is being taken, therefusal may be considered acontempt of that court. (2a)

Section 3. Other consequences .— If any party or an officer ormanaging agent of a partyrefuses to obey an order madeunder section 1 of this Rulerequiring him to answerdesignated questions, or anorder under Rule 27 to produceany document or other thing for

inspection, copying, orphotographing or to permit it tobe done, or to permit entryupon land or other property oran order made under Rule 28

requiring him to submit to aphysical or mental examination,the court may make such ordersin regard to the refusal as are

just, and among others thefollowing:

(a) An order that the mattersregarding which the questionswere asked, or the character ordescription of the thing or land,or the contents of the paper, orthe physical or mental conditionof the party, or any otherdesignated facts shall be takento be established for thepurposes of the action inaccordance with the claim of theparty obtaining the order;

(b) An order refusing to allow

the disobedient party to supportor oppose designated claims ordefenses or prohibiting him fromintroducing in evidencedesignated documents or thingsor items of testimony, or fromintroducing evidence of physicalor mental condition;

(c) An order striking outpleadings or parts thereof, or

staying further proceedings untilthe order is obeyed, ordismissing the action orproceeding or any part thereof,or rendering a judgment bydefault against the disobedientparty; and

(d) In lieu of any of theforegoing orders or in additionthereto, an order directing thearrest of any party or agent of aparty for disobeying any of suchorders except an order tosubmit to a physical or mentalexamination. (3a)

Section 4. Expenses on refusal



to admit . — If a party afterbeing served with a requestunder Rule 26 to admit thegenuineness of any document orthe truth of any matter of fact

serves a sworn denial thereofand if the party requesting theadmissions thereafter provesthe genuineness of suchdocument or the truth of anysuch matter of fact, he mayapply to the court for an orderrequiring the other party to payhim the reasonable expensesincurred in making such proof,including attorney's fees. Unlessthe court finds that there weregood reasons for the denial orthat admissions sought were ofno substantial importance, suchorder shall be issued. (4a)

Section 5. Failure of party toattend or serve answers . — If aparty or an officer or managingagent of a party wilfully fails to

appear before the officer who isto take his deposition, afterbeing served with a propernotice, or fails to serve answersto interrogatories submittedunder Rule 25 after properservice of such interrogatories,the court on motion and notice,may strike out all or any part ofany pleading of that party, ordismiss the action or proceedingor any part thereof, or enter a

judgment by default againstthat party, and in its discretion,order him to pay reasonableexpenses incurred by the other,including attorney's fees. (5)

Section 6. Expenses againstthe Republic of the Philippines .— Expenses and attorney's fees

are not to be imposed upon theRepublic of the Philippines underthis Rule. (6)

RULE 30

Trial

Section 1. Notice of Trial . — Upon entry of a case in the trialcalendar, the clerk shall notify

the parties of the date of its trialin such manner as shall ensurehis receipt of that notice at leastfive (5) days before such date.(2a, R22)

Section 2. Adjournments and postponements . — A court mayadjourn a trial from day to day,and to any stated time, as theexpeditious and convenienttransaction of business mayrequire, but shall have no powerto adjourn a trial for a longerperiod than one month for eachadjournment nor more thanthree months in all, exceptwhen authorized in writing bythe Court Administrator,Supreme Court. (3a, R22)

Section 3. Requisites of motionto postpone trial for absence ofevidence . — A motion topostpone a trial on the groundof absence of evidence can begranted only upon affidavitshowing the materiality orrelevancy of such evidence, andthat due diligence has beenused to procure it. But if theadverse party admits the facts

to be given in evidence, even ifhe objects or reserves the rightto object to their admissibility,the trial shall not be postponed.(4a, R22; Bar Matter No. 803,21 July 1998)

Section 4. Requisites of motionto postpone trial for illness of

party or counsel . — A motion topostpone a trial on the groundof illness of a party or counselmay be granted if it appearsupon affidavit or sworncertification that the presence ofsuch party or counsel at the trialis indispensable and that thecharacter of his illness is such



as to render his non-attendanceexcusable. (5a, R22)

Section 5. Order of trial . — Subject to the provisions of

section 2 of Rule 31, and unlessthe court for special reasonsotherwise directs, the trial shallbe limited to the issues stated inthe pre-trial order and shallproceed as follows:

(a) The plaintiff shall adduceevidence in support of hiscomplaint;

(b) The defendant shall thenadduce evidence in support ofhis defense, counterclaim,cross-claim and third-partycomplaints;

(c) The third-party defendant ifany, shall adduce evidence ofhis defense, counterclaim,cross-claim and fourth-partycomplaint;

(d) The fourth-party, and soforth, if any, shall adduceevidence of the material factspleaded by them;

(e) The parties against whomany counterclaim or cross-claimhas been pleaded, shall adduceevidence in support of theirdefense, in the order to beprescribed by the court;

(f) The parties may thenrespectively adduce rebuttingevidence only, unless the court,for good reasons and in thefurtherance of justice, permitsthem to adduce evidence upontheir original case; and

(g) Upon admission of theevidence, the case shall bedeemed submitted for decision,unless the court directs theparties to argue or to submittheir respective memoranda orany further pleadings.

If several defendants or third-party defendants, and so forth,having separate defensesappear by different counsel, thecourt shall determine the

relative order of presentation oftheir evidence. (1a, R30)

Section 6. Agreed statement offacts . — The parties to anyaction may agree, in writing,upon the facts involved in thelitigation, and submit the casefor judgment on the factsagreed upon, without theintroduction of evidence.

If the parties agree only onsome of the facts in issue, thetrial shall be held as to thedisputed facts in such order asthe court shall prescribe. (2a,R30)

Section 7. Statement of judge .— During the hearing or trial ofa case any statement made bythe judge with reference to thecase, or to any of the parties,witnesses or counsel, shall bemade of record in thestenographic notes. (3a, R30)

Section 8. Suspension ofactions . — The suspension ofactions shall be governed by theprovisions of the Civil Code. (n)

Section 9. Judge to receiveevidence ; delegation to clerk ofcourt . — The judge of the courtwhere the case is pending shallpersonally receive the evidenceto be adduced by the parties.However, in default or ex parte hearings, and in any case wherethe parties agree in writing, thecourt may delegate thereception of evidence to its clerkof court who is a member of thebar. The clerk of court shallhave no power to rule onobjections to any question or tothe admission of exhibits, whichobjections shall be resolved by



the court upon submission of hisreport and the transcripts withinten (10) days from terminationof the hearing. (n)

RULE 31

Consolidation or Severance

Section 1. Consolidation . — When actions involving acommon question of law or factare pending before the court, itmay order a joint hearing or

trial of any or all the matters inissue in the actions; it mayorder all the actionsconsolidated, and it may makesuch orders concerningproceedings therein as maytend to avoid unnecessary costsor delay. (1)

Section 2. Separate trials . — The court, in furtherance ofconvenience or to avoidprejudice, may order a separatetrial of any claim, cross-claim,counterclaim, or third-partycomplaint, or of any separateissue or of any number ofclaims, cross-claims,counterclaims, third-partycomplaints or issues. (2a)

RULE 32

Trial by Commissioner

Section 1. Reference byconsent . — By written consentof both parties, the court mayorder any or all of the issues ina case to be referred to a

commissioner to be agreedupon by the parties or to beappointed by the court. As usedin these Rules, the word"commissioner" includes areferee, an auditor and anexaminer. (1a, R33)

Section 2. Reference orderedon motion . — When the partiesdo not consent, the court may,upon the application of either orof its own motion, direct a

reference to a commissioner inthe following cases:

(a) When the trial of an issue offact requires the examination ofa long account on either side, inwhich case the commissionermay be directed to hear andreport upon the whole issue orany specific question involvedtherein;

(b) When the taking of anaccount is necessary for theinformation of the court before

judgment, or for carrying a judgment or order into effect.

(c) When a question of fact,other than upon the pleadings,arises upon motion orotherwise, in any stage of acase, or for carrying a judgmentor order into effect. (2a, R33)

Section 3. Order of reference ; powers of the commissioner . — When a reference is made, theclerk shall forthwith furnish thecommissioner with a copy of theorder of reference. The ordermay specify or limit the powers

of the commissioner, and maydirect him to report only uponparticular issues, or to do orperform particular acts, or toreceive and report evidence onlyand may fix the date forbeginning and closing thehearings and for the filing of hisreport. Subject to otherspecifications and limitationsstated in the order, thecommissioner has and shallexercise the power to regulatethe proceedings in everyhearing before him and to do allacts and take all measuresnecessary or proper for theefficient performance of his



duties under the order. He mayissue subpoenas and subpoenasduces tecum , swear witnesses,and unless otherwise providedin the order of reference, he

may rule upon the admissibilityof evidence. The trial or hearingbefore him shall proceed in allrespects as it would if heldbefore the court. (3a, R33)

Section 4. Oath ofcommissioner . — Beforeentering upon his duties thecommissioner shall be sworn toa faithful and honestperformance thereof. (14, R33)

Section 5. Proceedings beforecommissioner . — Upon receiptof the order of reference andunless otherwise providedtherein, the commissioner shallforthwith set a time and placefor the first meeting of theparties or their counsel to be

held within ten (10) days afterthe date of the order ofreference and shall notify theparties or their counsel. (5a,R33)

Section 6. Failure of parties toappear before commissioner . — If a party fails to appear at thetime and place appointed, thecommissioner may proceed ex

parte or, in his discretion,adjourn the proceedings to afuture day, giving notice to theabsent party or his counsel ofthe adjournment. (6a, R33)

Section 7. Refusal of witness .— The refusal of a witness toobey a subpoena issued by thecommissioner or to giveevidence before him, shall bedeemed a contempt of the courtwhich appointed thecommissioner. (7a R33)

Section 8. Commissioner shallavoid delays . — It is the duty ofthe commissioner to proceed

with all reasonable diligence.Either party, on notice to theparties and commissioner, mayapply to the court for an orderrequiring the commissioner to

expedite the proceedings and tomake his report. (8a, R33)

Section 9. Report ofcommissioner . — Upon thecompletion of the trial orhearing or proceeding beforethe commissioner, he shall filewith the court his report inwriting upon the matterssubmitted to him by the order ofreference. When his powers arenot specified or limited, he shallset forth his findings of fact andconclusions of law in his report.He shall attach thereto allexhibits, affidavits, depositions,papers and the transcript, ifany, of the testimonial evidencepresented before him. (9a, R33)

Section 10. Notice to parties ofthe filing of report . — Upon thefiling of the report, the partiesshall be notified by the clerk,and they shall be allowed ten(10) days within which to signifygrounds of objections to thefindings of the report, if they sodesire. Objections to the reportbased upon grounds which wereavailable to the parties duringthe proceedings before thecommissioner, other thanobjections to the findings andconclusions therein, set forth,shall not be considered by thecourt unless they were madebefore the commissioner. (10,R33)

Section 11. Hearing upon

report .—

Upon the expiration ofthe period of ten (10) daysreferred to in the precedingsection, the report shall be setfor hearing, after which thecourt shall issue an orderadopting, modifying, or



rejecting the report in whole orin part, or recommitting it withinstructions, or requiring theparties to present furtherevidence before the

commissioner or the court.(11a, R33)

Section 12. Stipulations as tofindings . — When the partiesstipulate that a commissioner'sfindings of fact shall be final,only questions of law shallthereafter be considered. (12a,R33)

Section 13. Compensation ofcommissioner . — The court shallallow the commissioner suchreasonable compensation as thecircumstances of the casewarrant, to be taxed as costsagainst the defeated party, orapportioned, as justice requires.(13, R33)

RULE 33

Demurrer to Evidence

Section 1. Demurrer toevidence . — After the plaintiffhas completed the presentationof his evidence, the defendantmay move for dismissal on the

ground that upon the facts andthe law the plaintiff has shownno right to relief. If his motion isdenied he shall have the right topresent evidence. If the motionis granted but on appeal theorder of dismissal is reversed heshall be deemed to have waivedthe right to present evidence.(1a, R35)

RULE 34

Judgment on the Pleadings

Section 1. Judgment on the

pleadings . — Where an answerfails to tender an issue, orotherwise admits the materialallegations of the adverseparty's pleading, the court may;

on motion of that party, direct judgment on such pleading.However, in actions fordeclaration of nullity orannulment of marriage or forlegal separation, the materialfacts alleged in the complaintshall always be proved. (1a,R19)

RULE 35

Summary Judgments

Section 1. Summary judgmentfor claimant . — A party seekingto recover upon a claim,counterclaim, or cross-claim orto obtain a declaratory reliefmay, at any time after thepleading in answer thereto hasbeen served, move withsupporting affidavits,depositions or admissions for asummary judgment in his favorupon all or any part thereof.(1a, R34)

Section 2. Summary judgmentfor defending party . — A party

against whom a claim,counterclaim, or cross-claim isasserted or a declaratory reliefis sought may, at any time,move with supporting affidavits,depositions or admissions for asummary judgment in his favoras to all or any part thereof.(2a, R34)

Section 3. Motion and proceedings thereon . — Themotion shall be served at leastten (10) days before the timespecified for the hearing. Theadverse party may serveopposing affidavits, depositions,or admissions at least three (3)



days before the hearing. Afterthe hearing, the judgmentsought shall be renderedforthwith if the pleadings,supporting affidavits,

depositions, and admissions onfile, show that, except as to theamount of damages, there is nogenuine issue as to any materialfact and that the moving partyis entitled to a judgment as amatter of law. (3a, R34)

Section 4. Case not fullyadjudicated on motion . — If onmotion under this Rule,

judgment is not rendered uponthe whole case or for all thereliefs sought and a trial isnecessary, the court at thehearing of the motion, byexamining the pleadings and theevidence before it and byinterrogating counsel shallascertain what material factsexist without substantial

controversy and what areactually and in good faithcontroverted. It shall thereuponmake an order specifying thefacts that appear withoutsubstantial controversy,including the extent to whichthe amount of damages or otherrelief is not in controversy, anddirecting such furtherproceedings in the action as are

just. The facts so specified shallbe deemed established, and thetrial shall be conducted on thecontroverted facts accordingly.(4a, R34)

Section 5. Form of affidavitsand supporting papers . — Supporting and opposingaffidavits shall be made on

personal knowledge, shall setforth such facts as would beadmissible in evidence, andshall show affirmatively that theaffiant is competent to testify tothe matters stated therein.Certified true copies of all

papers or parts thereof referredto in the affidavit shall beattached thereto or servedtherewith. (5a, R34)

Section 6. Affidavits in badfaith . — Should it appear to itssatisfaction at any time that anyof the affidavits presentedpursuant to this Rule arepresented in bad faith, or solelyfor the purpose of delay, thecourt shall forthwith order theoffending party or counsel topay to the other party theamount of the reasonableexpenses which the filing of theaffidavits caused him to incurincluding attorney's fees, itmay, after hearing furtheradjudge the offending party orcounsel guilty of contempt. (6a,R34)

RULE 36 Judgments, Final Orders and

Entry Thereof

Section 1. Rendition of judgments and final orders . — A judgment or final orderdetermining the merits of thecase shall be in writingpersonally and directly prepared

by the judge, stating clearly anddistinctly the facts and the lawon which it is based, signed byhim, and filed with the clerk ofthe court. (1a)

Section 2. Entry of judgmentsand final orders . — If no appealor motion for new trial orreconsideration is filed withinthe time provided in theseRules, the judgment or finalorder shall forthwith be enteredby the clerk in the book ofentries of judgments. The dateof finality of the judgment orfinal order shall be deemed tobe the date of its entry. The



record shall contain thedispositive part of the judgmentor final order and shall besigned by the clerk, within acertificate that such judgment

or final order has become finaland executory. (2a, 10, R51)

Section 3. Judgment for oragainst one or more of several

parties . — Judgment may begiven for or against one or moreof several plaintiffs and for oragainst one or more of severaldefendants. When justice sodemands, the court may requirethe parties on each side to fileadversary pleadings as betweenthemselves and determine theirultimate rights and obligations.(3)

Section 4. Several judgments .— In an action against severaldefendants, the court may,when a several judgment is

proper, render judgment againstone or more of them, leavingthe action to proceed againstthe others. (4)

Section 5. Separate judgments .— When more than one claimfor relief is presented in anaction, the court, at any stage,upon a determination of theissues material to a particular

claim and all counterclaimsarising out of the transaction oroccurrence which is the subjectmatter of the claim, may rendera separate judgment disposingof such claim. The judgmentshall terminate the action withrespect to the claim so disposedof and the action shall proceedas to the remaining claims. In

case a separate judgment isrendered the court by ordermay stay its enforcement untilthe rendition of a subsequent

judgment or judgments andmay prescribe such conditionsas may be necessary to secure

the benefit thereof to the partyin whose favor the judgment isrendered. (5a)

Section 6. Judgment against

entity without juridical personality . — When judgmentis rendered against two or morepersons sued as an entitywithout juridical personality, the

judgment shall set out theirindividual or proper names, ifknown. (6a)

RULE 37

New Trial orReconsiderations

Section 1. Grounds of and period for filing motion for newtrial or reconsideration . — Within the period for taking anappeal, the aggrieved party maymove the trial court to set asidethe judgment or final order andgrant a new trial for one ormore of the following causesmaterially affecting thesubstantial rights of said party:

(a) Fraud, accident, mistake orexcusable negligence whichordinary prudence could nothave guarded against and by

reason of which such aggrievedparty has probably beenimpaired in his rights; or

(b) Newly discovered evidence,which he could not, withreasonable diligence, havediscovered and produced at thetrial, and which if presentedwould probably alter the result.

Within the same period, theaggrieved party may also movefor reconsideration upon thegrounds that the damagesawarded are excessive, that theevidence is insufficient to justifythe decision or final order, or



that the decision or final order iscontrary to law. (1a)

Section 2. Contents of motionfor new trial or reconsideration

and notice thereof. — Themotion shall be made in writingstating the ground or groundstherefor, a written notice ofwhich shall be served by themovant on the adverse party.

A motion for new trial shall beproved in the manner providedfor proof of motion. A motion forthe cause mentioned inparagraph (a) of the precedingsection shall be supported byaffidavits of merits which maybe rebutted by affidavits. Amotion for the cause mentionedin paragraph (b) shall besupported by affidavits of thewitnesses by whom suchevidence is expected to begiven, or by duly authenticated

documents which are proposedto be introduced in evidence.

A motion for reconsiderationshall point out a specifically thefindings or conclusions of the

judgment or final order whichare not supported by theevidence or which are contraryto law making express referenceto the testimonial or

documentary evidence or to theprovisions of law alleged to becontrary to such findings orconclusions.

A pro forma motion for new trialor reconsideration shall not tollthe reglementary period ofappeal. (2a)

Section 3. Action upon motionfor new trial or reconsideration .— The trial court may set asidethe judgment or final order andgrant a new trial, upon suchterms as may be just, or maydeny the motion. If the courtfinds that excessive damages

have been awarded or that the judgment or final order iscontrary to the evidence or law,it may amend such judgment orfinal order accordingly. (3a)

Section 4. Resolution ofmotion . — A motion for newtrial or reconsideration shall beresolved within thirty (30) daysfrom the time it is submitted forresolution. (n)

Section 5. Second motion fornew trial . — A motion for newtrial shall include all groundsthen available and those not soincluded shall be deemedwaived. A second motion fornew trial, based on a ground notexisting nor available when thefirst motion was made, may befiled within the time hereinprovided excluding the timeduring which the first motionhad been pending.

No party shall be allowed asecond motion forreconsideration of a judgmentor final order (4a, 4, IRG)

Section 6. Effect of granting ofmotion for new trial . — If a newtrial is granted in accordancewith the provisions of this Rulesthe original judgment or final

order shall be vacated, and theaction shall stand for trial denovo ; but the recorded evidencetaken upon the former trial,insofar as the same is materialand competent to establish theissues, shall be used at the newtrial without retaking the same.(5a)

Section 7. Partial new trial orreconsideration . — If thegrounds for a motion under thisRule appear to the court toaffect the issues as to only apart, or less than an of thematter in controversy, or onlyone, or less than all, of the



parties to it, the court mayorder a new trial or grantreconsideration as to suchissues if severable withoutinterfering with the judgment or

final order upon the rest. (6a)

Section 8. Effect of order for partial new trial . — When lessthan all of the issues areordered retried, the court mayeither enter a judgment or finalorder as to the rest, or stay theenforcement of such judgmentor final order until after the newtrial. (7a)

Section 9. Remedy againstorder denying a motion for newtrial or reconsideration . — Anorder denying a motion for newtrial or reconsideration is notappealed, the remedy being anappeal from the judgment orfinal order. (n)

RULE 38

Relief from Judgments,Orders, or Other Proceedings

Section 1. Petition for relieffrom judgment , order , or other

proceedings . — When a judgment or final order is

entered, or any otherproceeding is thereafter takenagainst a party in any courtthrough fraud, accident,mistake, or excusablenegligence, he may file apetition in such court and in thesame case praying that the

judgment, order or proceedingbe set aside. (2a)

Section 2. Petition for relieffrom denial of appeal . — Whena judgment or final order isrendered by any court in a case,and a party thereto, by fraud,accident, mistake, or excusablenegligence, has been prevented

from taking an appeal, he mayfile a petition in such court andin the same case praying thatthe appeal be given due course.(1a)

Section 3. Time for filing petition ; contents andverification . — A petitionprovided for in either of thepreceding sections of this Rulemust be verified, filed withinsixty (60) days after thepetitioner learns of the

judgment, final order, or otherproceeding to be set aside, andnot more than six (6) monthsafter such judgment or finalorder was entered, or suchproceeding was taken, and mustbe accompanied with affidavitsshowing the fraud, accident,mistake, or excusablenegligence relied upon, and thefacts constituting thepetitioner's good and substantial

cause of action or defense, asthe case may be. (3)

Section 4. Order to file ananswer . — If the petition issufficient in form and substanceto justify relief, the court inwhich it is filed, shall issue anorder requiring the adverseparties to answer the samewithin fifteen (15) days from thereceipt thereof. The order shallbe served in such manner asthe court may direct, togetherwith copies of the petition andthe accompanying affidavits.(4a)

Section 5. Preliminaryinjunction pending proceedings .— The court in which the

petition is filed may grant suchpreliminary injunction as maybe necessary for thepreservation of the rights of theparties, upon the filing by thepetitioner of a bond in favor ofthe adverse party, conditioned



that if the petition is dismissedor the petitioner fails on the trialof the case upon its merits, hewill pay the adverse party alldamages and costs that may be

awarded to him by reason of theissuance of such injunction orthe other proceedings followingthe petition, but such injunctionshall not operate to discharge orextinguish any lien which theadverse party may haveacquired upon, the property, ofthe petitioner. (5a)

Section 6. Proceedings afteranswer is filed . — After the filingof the answer or the expirationof the period therefor, the courtshall hear the petition and ifafter such hearing, it finds thatthe allegations thereof are nottrue, the petition shall bedismissed; but if it finds saidallegations to be true, it shallset aside the judgment or final

order or other proceedingcomplained of upon such termsas may be just. Thereafter thecase shall stand as if such

judgment, final order or otherproceeding had never beenrendered, issued or taken. Thecourt shall then proceed to hearand determine the case as if atimely motion for a new trial orreconsideration had beengranted by it. (6a)

Section 7. Procedure where thedenial of an appeal is set aside .— Where the denial of an appealis set aside, the lower courtshall be required to give duecourse to the appeal and toelevate the record of theappealed case as if a timely and

proper appeal had been made.(7a)

RULE 39

Execution, Satisfaction and

Effect of Judgments

Section 1. Execution upon judgments or final orders . — Execution shall issue as a

matter of right, or motion, upona judgment or order thatdisposes of the action orproceeding upon the expirationof the period to appealtherefrom if no appeal has beenduly perfected. (1a)

If the appeal has been dulyperfected and finally resolved,the execution may forthwith beapplied for in the court of origin,on motion of the judgmentobligee, submitting therewithcertified true copies of the

judgment or judgments or finalorder or orders sought to beenforced and of the entrythereof, with notice to theadverse party.

The appellate court may, onmotion in the same case, whenthe interest of justice sorequires, direct the court oforigin to issue the writ ofexecution. (n)

Section 2. Discretionaryexecution . —

(a) Execution of a judgment or

final order pending appeal .—

On motion of the prevailingparty with notice to the adverseparty filed in the trial courtwhile it has jurisdiction over thecase and is in possession ofeither the original record or therecord on appeal, as the casemay be, at the time of the filingof such motion, said court may,in its discretion, order executionof a judgment or final ordereven before the expiration ofthe period to appeal.

After the trial court has lost jurisdiction the motion forexecution pending appeal may



be filed in the appellate court.

Discretionary execution mayonly issue upon good reasons tobe stated in a special order after

due hearing.

(b) Execution of several ,separate or partial judgments .— A several, separate or partial

judgment may be executedunder the same terms andconditions as execution of a

judgment or final order pendingappeal. (2a)

Section 3. Stay of discretionaryexecution . — Discretionaryexecution issued under thepreceding section may bestayed upon approval by theproper court of a sufficientsupersedeas bond filed by theparty against whom it isdirected, conditioned upon theperformance of the judgment ororder allowed to be executed incase it shall be finally sustainedin whole or in part. The bondthus given may be proceededagainst on motion with notice tothe surety. (3a )

Section 4. Judgments notstayed by appeal . — Judgmentsin actions for injunction,receivership, accounting and

support, and such other judgments as are now or mayhereafter be declared to beimmediately executory, shall beenforceable after their renditionand shall not, be stayed by anappeal taken therefrom, unlessotherwise ordered by the trialcourt. On appeal therefrom, theappellate court in its discretionmay make an order suspending,modifying, restoring or grantingthe injunction, receivership,accounting, or award of support.

The stay of execution shall beupon such terms as to bond orotherwise as may be considered

proper for the security orprotection of the rights of theadverse party. (4a)

Section 5. Effect of reversal of

executed judgment . — Wherethe executed judgment isreversed totally or partially, orannulled, on appeal orotherwise, the trial court may,on motion, issue such orders ofrestitution or reparation ofdamages as equity and justicemay warrant under thecircumstances. (5a)

Section 6. Execution by motionor by independent action . — Afinal and executory judgment ororder may be executed onmotion within five (5) yearsfrom the date of its entry. Afterthe lapse of such time, andbefore it is barred by the statuteof limitations, a judgment maybe enforced by action. The

revived judgment may also beenforced by motion within five(5) years from the date of itsentry and thereafter by actionbefore it is barred by the statuteof limitations. (6a)

Section 7. Execution in case ofdeath of party . — In case of thedeath of a party, execution mayissue or be enforced in the

following manner:

(a) In case of the death of the judgment obligee, upon theapplication of his executor oradministrator, or successor ininterest;

(b) In case of the death of the judgment obligor, against hisexecutor or administrator orsuccessor in interest, if the

judgment be for the recovery ofreal or personal property, or theenforcement of a lien thereon;

(c) In case of the death of the judgment obligor, after



execution is actually levied uponany of his property, the samemay be sold for the satisfactionof the judgment obligation, andthe officer making the sale shall

account to the correspondingexecutor or administrator forany surplus in his hands. (7a)

Section 8. Issuance , form andcontents of a writ of execution .— The writ of execution shall:(1) issue in the name of theRepublic of the Philippines fromthe court which granted themotion; (2) state the name ofthe court, the case number andtitle, the dispositive part of thesubject judgment or order; and(3) require the sheriff or otherproper officer to whom it isdirected to enforce the writaccording to its terms, in themanner hereinafter provided:

(a) If the execution be against

the property of the judgmentobligor, to satisfy the judgment,with interest, out of the real orpersonal property of such

judgment obligor;

(b) If it be against real orpersonal property in the handsof personal representatives,heirs, devisees, legatees,tenants, or trustees of the

judgment obligor, to satisfy the judgment, with interest, out ofsuch property;

(c) If it be for the sale of real orpersonal property to sell suchproperty describing it, and applythe proceeds in conformity withthe judgment, the materialparts of which shall be recited inthe writ of execution;

(d) If it be for the delivery ofthe possession of real orpersonal property, to deliver thepossession of the same,describing it, to the partyentitled thereto, and to satisfy

any costs, damages, rents, orprofits covered by the judgmentout of the personal property ofthe person against whom it wasrendered, and if sufficient

personal property cannot befound, then out of the realproperty; and

(e) In all cases, the writ ofexecution shall specifically statethe amount of the interest,costs, damages, rents, or profitsdue as of the date of theissuance of the writ, aside fromthe principal obligation underthe judgment. For this purpose,the motion for execution shallspecify the amounts of theforegoing reliefs sought by themovant.(8a)

Section 9. Execution of judgments for money , howenforced . —

(a) Immediate payment ondemand . — The officer shallenforce an execution of a

judgment for money bydemanding from the judgmentobligor the immediate paymentof the full amount stated in thewrit of execution and all lawfulfees. The judgment obligor shallpay in cash, certified bank checkpayable to the judgment

obligee, or any other form ofpayment acceptable to thelatter, the amount of the

judgment debt under properreceipt directly to the judgmentobligee or his authorizedrepresentative if present at thetime of payment. The lawfulfees shall be handed underproper receipt to the executing

sheriff who shall turn over thesaid amount within the sameday to the clerk of court of thecourt that issued the writ.

If the judgment obligee or hisauthorized representative is notpresent to receive payment, the



judgment obligor shall deliverthe aforesaid payment to theexecuting sheriff. The lattershall turn over all the amountscoming into his possession

within the same day to the clerkof court of the court that issuedthe writ, or if the same is notpracticable, deposit saidamounts to a fiduciary accountin the nearest governmentdepository bank of the RegionalTrial Court of the locality.

The clerk of said court shallthereafter arrange for theremittance of the deposit to theaccount of the court that issuedthe writ whose clerk of courtshall then deliver said paymentto the judgment obligee insatisfaction of the judgment.The excess, if any, shall bedelivered to the judgmentobligor while the lawful feesshall be retained by the clerk of

court for disposition as providedby law. In no case shall theexecuting sheriff demand thatany payment by check be madepayable to him.

(b) Satisfaction by levy . — Ifthe judgment obligor cannot payall or part of the obligation incash, certified bank check orother mode of paymentacceptable to the judgmentobligee, the officer shall levyupon the properties of the

judgment obligor of every kindand nature whatsoever whichmay be disposed, of for valueand not otherwise exempt fromexecution giving the latter theoption to immediately choosewhich property or part thereof

may be levied upon, sufficientto satisfy the judgment. If the judgment obligor does notexercise the option, the officershall first levy on the personalproperties, if any, and then onthe real properties if the

personal properties areinsufficient to answer for the

judgment.

The sheriff shall sell only a

sufficient portion of the personalor real property of the judgmentobligor which has been leviedupon.

When there is more property ofthe judgment obligor than issufficient to satisfy the

judgment and lawful fees, hemust sell only so much of thepersonal or real property as issufficient to satisfy the

judgment and lawful fees.

Real property, stocks, shares,debts, credits, and otherpersonal property, or anyinterest in either real orpersonal property, may belevied upon in like manner andwith like effect as under a writof attachment.

(c) Garnishment of debts andcredits . — The officer may levyon debts due the judgmentobligor and other credits,including bank deposits,financial interests, royalties,commissions and other personalproperty not capable of manualdelivery in the possession or

control of third parties. Levyshall be made by serving noticeupon the person owing suchdebts or having in hispossession or control suchcredits to which the judgmentobligor is entitled. Thegarnishment shall cover onlysuch amount as will satisfy the

judgment and all lawful fees.

The garnishee shall make awritten report to the courtwithin five (5) days from serviceof the notice of garnishmentstating whether or not the

judgment obligor has sufficientfunds or credits to satisfy the



amount of the judgment. If not,the report shall state how muchfunds or credits the garnisheeholds for the judgment obligor.The garnished amount in cash,

or certified bank check issued inthe name of the judgmentobligee, shall be delivereddirectly to the judgment obligeewithin ten (10) working daysfrom service of notice on saidgarnishee requiring suchdelivery, except the lawful feeswhich shall be paid directly tothe court.

In the event there are two ormore garnishees holdingdeposits or credits sufficient tosatisfy the judgment, the

judgment obligor, if available,shall have the right to indicatethe garnishee or garnishees whoshall be required to deliver theamount due, otherwise, thechoice shall be made by the

judgment obligee.

The executing sheriff shallobserve the same procedureunder paragraph (a) withrespect to delivery of paymentto the judgment obligee. (8a,15a)

Section 10. Execution of judgments for specific act . —

(a) Conveyance , delivery ofdeeds , or other specific acts ;vesting title . — If a judgmentdirects a party to execute aconveyance of land or personalproperty, or to deliver deeds orother documents, or to perform,any other specific act inconnection therewith, and theparty fails to comply within thetime specified, the court maydirect the act to be done at thecost of the disobedient party bysome other person appointed bythe court and the act when sodone shall have like effect as ifdone by the party. If real or

personal property is situatedwithin the Philippines, the courtin lieu of directing a conveyancethereof may by an order divestthe title of any party and vest it

in others, which shall have theforce and effect of a conveyanceexecuted in due form of law.(10a)

(b) Sale of real or personal property . — If the judgment befor the sale of real or personalproperty, to sell such property,describing it, and apply theproceeds in conformity with the

judgment. (8[c]a)

(c) Delivery or restitution of real property . — The officer shalldemand of the person againstwhom the judgment for thedelivery or restitution of realproperty is rendered and allpersons claiming rights underhim to peaceably vacate the

property within three (3)working days, and restorepossession thereof to the

judgment obligee, otherwise,the officer shall oust all suchpersons therefrom with theassistance, if necessary, ofappropriate peace officers, andemploying such means as maybe reasonably necessary toretake possession, and place the

judgment obligee in possessionof such property. Any costs,damages, rents or profitsawarded by the judgment shallbe satisfied in the same manneras a judgment for money. (13a)

(d) Removal of improvementson property subject ofexecution . — When the property

subject of the executioncontains improvementsconstructed or planted by the

judgment obligor or his agent,the officer shall not destroy,demolish or remove saidimprovements except upon



special order of the court,issued upon motion of the

judgment obligee after thehearing and after the formerhas failed to remove the same

within a reasonable time fixedby the court. (14a)

(e) Delivery of personal property . — In judgment for thedelivery of personal property,the officer shall take possessionof the same and forthwithdeliver it to the party entitledthereto and satisfy any

judgment for money as thereinprovided. (8a)

Section 11. Execution ofspecial judgments . — When a

judgment requires theperformance of any act otherthan those mentioned in the twopreceding sections, a certifiedcopy of the judgment shall beattached to the writ of execution

and shall be served by theofficer upon the party againstwhom the same is rendered, orupon any other person requiredthereby, or by law, to obey thesame, and such party or personmay be punished for contempt ifhe disobeys such judgment.(9a)

Section 12. Effect of levy on

execution as to third person . — The levy on execution shallcreate a lien in favor of the

judgment obligee over the right,title and interest of the

judgment obligor in suchproperty at the time of the levy,subject to liens andencumbrances then existing.(16a)

Section 13. Property exemptfrom execution . — Except asotherwise expressly provided bylaw, the following property, andno other, shall be exempt fromexecution:

(a) The judgment obligor'sfamily home as provided by law,or the homestead in which heresides, and land necessarilyused in connection therewith;

(b) Ordinary tools andimplements personally used byhim in his trade, employment,or livelihood;

(c) Three horses, or three cows,or three carabaos, or otherbeasts of burden, such as the

judgment obligor may selectnecessarily used by him in hisordinary occupation;

(d) His necessary clothing andarticles for ordinary personaluse, excluding jewelry;

(e) Household furniture andutensils necessary forhousekeeping, and used for thatpurpose by the judgmentobligor and his family, such asthe judgment obligor mayselect, of a value not exceedingone hundred thousand pesos;

(f) Provisions for individual orfamily use sufficient for fourmonths;

(g) The professional librariesand equipment of judges,lawyers, physicians,pharmacists, dentists,engineers, surveyors,clergymen, teachers, and otherprofessionals, not exceedingthree hundred thousand pesosin value;

(h) One fishing boat andaccessories not exceeding thetotal value of one hundred

thousand pesos owned by afisherman and by the lawful useof which he earns his livelihood;

(i) So much of the salaries,wages, or earnings of the

judgment obligor for his



personal services within the fourmonths preceding the levy asare necessary for the support ofhis family;

(j) Lettered gravestones;

(k) Monies, benefits, privileges,or annuities accruing or in anymanner growing out of any lifeinsurance;

(l) The right to receive legalsupport, or money or propertyobtained as such support, orany pension or gratuity from the

Government;

(m) Properties speciallyexempted by law.

But no article or species ofproperty mentioned in thissection shall be exempt fromexecution issued upon a

judgment recovered for its priceor upon a judgment offoreclosure of a mortgagethereon. (12a)

Section 14. Return of writ ofexecution . — The writ ofexecution shall be returnable tothe court issuing it immediatelyafter the judgment has beensatisfied in part or in full. If the

judgment cannot be satisfied infull within thirty (30) days afterhis receipt of the writ, theofficer shall report to the courtand state the reason therefor.Such writ shall continue in effectduring the period within whichthe judgment may be enforcedby motion. The officer shallmake a report to the courtevery thirty (30) days on theproceedings taken thereon until

the judgment is satisfied in full,or its effectivity expires. Thereturns or periodic reports shallset forth the whole of theproceedings taken, and shall befiled with the court and copiesthereof promptly furnished the

parties. (11a)

Section 15. Notice of sale of property on execution . — Beforethe sale of property on

execution, notice thereof mustbe given as follows:

(a) In case of perishableproperty, by posting writtennotice of the time and place ofthe sale in three (3) publicplaces, preferably inconspicuous areas of themunicipal or city hall, post officeand public market in themunicipality or city where thesale is to take place, for suchtime as may be reasonable,considering the character andcondition of the property;

(b) In case of other personalproperty, by posting a similarnotice in the three (3) publicplaces above-mentioned for notless than five (5) days;

(c) In case of real property, byposting for twenty (20) days inthe three (3) public placesabovementioned a similar noticeparticularly describing theproperty and stating where theproperty is to be sold, and if theassessed value of the propertyexceeds fifty thousand

(P50,000.00) pesos, bypublishing a copy of the noticeonce a week for two (2)consecutive weeks in onenewspaper selected by raffle,whether in English, Filipino, orany major regional languagepublished, edited and circulatedor, in the absence thereof,having general circulation in theprovince or city;

(d) In all cases, written notice ofthe sale shall be given to the

judgment obligor, at least three(3) days before the sale, exceptas provided in paragraph (a)hereof where notice shall be



given the same manner aspersonal service of pleadingsand other papers as provided bysection 6 of Rule 13.

The notice shall specify theplace, date and exact time ofthe sale which should not beearlier than nine o'clock in themorning and not later than twoo'clock in the afternoon. Theplace of the sale may be agreedupon by the parties. In theabsence of such agreement, thesale of the property or personalproperty not capable of manualdelivery shall be held in theoffice of the clerk of court of theRegional Trial Court or theMunicipal Trial Court whichissued the writ of or which wasdesignated by the appellatecourt. In the case of personalproperty capable of manualdelivery, the sale shall be heldin the place where the property

is located. (18a)

Section 16. Proceedings where property claimed by third person . — If the property leviedon is claimed by any personother than the judgment obligoror his agent, and such personmakes an affidavit of his titlethereto or right to thepossession thereof, stating thegrounds of such right or title,and serves the same upon theofficer making the levy and copythereof, stating the grounds ofsuch right or tittle, and a servesthe same upon the officermaking the levy and a copythereof upon the judgmentobligee, the officer shall not bebound to keep the property,

unless such judgment obligee,on demand of the officer, files abond approved by the court toindemnity the third-partyclaimant in a sum not less thanthe value of the property leviedon. In case of disagreement as

to such value, the same shall bedetermined by the court issuingthe writ of execution. No claimfor damages for the taking orkeeping of the property may be

enforced against the bondunless the action therefor isfiled within one hundred twenty(120) days from the date of thefiling of the bond.

The officer shall not be liable fordamages for the taking orkeeping of the property, to anythird-party claimant if suchbond is filed. Nothing hereincontained shall prevent suchclaimant or any third personfrom vindicating his claim to theproperty in a separate action, orprevent the judgment obligeefrom claiming damages in thesame or a separate actionagainst a third-party claimantwho filed a frivolous or plainlyspurious claim.

When the writ of execution isissued in favor of the Republicof the Philippines, or any officerduly representing it, the filing ofsuch bond shall not be required,and in case the sheriff orlevying officer is sued fordamages as a result of the levy,he shall be represented by theSolicitor General and if heldliable therefor, the actualdamages adjudged by the courtshall be paid by the NationalTreasurer out of such funds asmay be appropriated for thepurpose. (17a)

Section 17. Penalty for sellingwithout notice , or removing ordefacing notice . — An officer

selling without the noticeprescribed by section 15 of thisRule shall be liable to paypunitive damages in the amountof five thousand (P5,000.00)pesos to any person injuredthereby, in addition to his actual



damages, both to be recoveredby motion in the same action;and a person willfully removingor defacing the notice posted, ifdone before the sale, or before

the satisfaction of the judgmentif it be satisfied before the sale,shall be liable to pay fivethousand (P5,000.00) pesos toany person injured by reasonthereof, in addition to his actualdamages, to be recovered bymotion in the same action.(19a)

Section 18. No sale if judgmentand costs paid . — At any timebefore the sale of property onexecution, the judgment obligormay prevent the sale by payingthe amount required by theexecution and the costs thathave been incurred therein.(20a)

Section 19. How property sold

on execution ; who may directmanner and order of sale . — Allsales of property underexecution must be made atpublic auction, to the highestbidder, to start at the exacttime fixed in the notice. Aftersufficient property has been soldto satisfy the execution, nomore shall be sold and anyexcess property or proceeds ofthe sale shall be promptlydelivered to the judgmentobligor or his authorizedrepresentative, unless otherwisedirected by the judgment ororder of the court. When thesale is of real property,consisting of several known lots,they must be sold separately;or, when a portion of such real

property is claimed by a thirdperson, he may require it to besold separately. When the saleis of personal property capableof manual delivery, it must besold within view of thoseattending the same and in such

parcels as are likely to bring thehighest price. The judgmentobligor, if present at the sale,may direct the order in whichproperty, real or personal shall

be sold, when such propertyconsists of several known lots orparcels which can be sold toadvantage separately. Neitherthe officer conducting theexecution sale, nor his deputies,can become a purchaser, nor beinterested directly or indirectlyin any purchase at such sale.(21a)

Section 20. Refusal of purchaser to pay . — If apurchaser refuses to pay theamount bid by him for propertystruck off to him at a sale underexecution, the officer may againsell the property to the highestbidder and shall not beresponsible for any lossoccasioned thereby; but the

court may order the refusingpurchaser to pay into the courtthe amount of such loss, withcosts, and may punish him forcontempt if he disobeys theorder. The amount of suchpayment shall be for the benefitof the person entitled to theproceeds of the execution,unless the execution has beenfully satisfied, in which eventsuch proceeds shall be for thebenefit of the judgment obligor.The officer may thereafter rejectany subsequent bid of suchpurchaser who refuses to pay.(22a)

Section 21. Judgment obligeeas purchaser . — When thepurchaser is the judgment

obligee, and no third-partyclaim has been filed, he neednot pay the amount of the bid ifit does not exceed the amountof his judgment. If it does, heshall pay only the excess. (23a)



Section 22. Adjournment ofsale . — By written consent ofthe judgment obligor andobligee, or their duly authorizedrepresentatives, the officer may

adjourn the sale to any date andtime agreed upon by them.Without such agreement, hemay adjourn the sale from dayto day if it becomes necessaryto do so for lack of time tocomplete the sale on the dayfixed in the notice or the day towhich it was adjourned. (24a)

Section 23. Conveyance to purchaser of personal propertycapable of manual delivery . — When the purchaser of anypersonal property, capable ofmanual delivery, pays thepurchase price, the officermaking the sale must deliverthe property to the purchaserand, if desired, execute anddeliver to him a certificate of

sale. The sale conveys to thepurchaser all the rights whichthe judgment obligor had insuch property as of the date ofthe levy on execution orpreliminary attachment. (25a)

Section 24. Conveyance to purchaser of personal propertynot capable of manual delivery .— When the purchaser of anypersonal property, not capableof manual delivery, pays thepurchase price, the officermaking the sale must executeand deliver to the purchaser acertificate of sale. Suchcertificate conveys to thepurchaser all the rights whichthe judgment obligor had insuch property as of the date of

the levy on execution orpreliminary attachment. (26a)

Section 25. Conveyance of real property ; certificate thereofgiven to purchaser and filedwith registry of deeds . — Upon

a sale of real property, theofficer must give to thepurchaser a certificate of salecontaining:

(a) A particular description ofthe real property sold;

(b) The price paid for eachdistinct lot or parcel;

(c) The whole price paid by him;

(d) A statement that the right ofredemption expires one (1) yearfrom the date of the registration

of the certificate of sale.

Such certificate must beregistered in the registry ofdeeds of the place where theproperty is situated. (27 a)

Section 26. Certificate of salewhere property claimed by third

person . — When a property soldby virtue of a writ of execution

has been claimed by a thirdperson, the certificate of sale tobe issued by the sheriffpursuant to sections 23, 24 and25 of this Rule shall makeexpress mention of theexistence of such third-partyclaim. (28a)

Section 27. Who may redeemreal property so sold . — Realproperty sold as provided in thelast preceding section, or anypart thereof sold separately,may be redeemed in themanner hereinafter provided, bythe following persons:

(a) The judgment obligor; or hissuccessor in interest in thewhole or any part of the

property;(b) A creditor having a lien byvirtue of an attachment,

judgment or mortgage on theproperty sold, or on some partthereof, subsequent to the lien



under which the property wassold. Such redeeming creditor istermed a redemptioner. (29a)

Section 28. Time and manner

of, and amounts payable on ,successive redemptions ; noticeto be given and filed . — The

judgment obligor, orredemptioner, may redeem theproperty from the purchaser, atany time within one (1) yearfrom the date of the registrationof the certificate of sale, bypaying the purchaser theamount of his purchase, withthe per centum per monthinterest thereon in addition, upto the time of redemption,together with the amount of anyassessments or taxes which thepurchaser may have paidthereon after purchase, andinterest on such last namedamount at the same rate; and ifthe purchaser be also a creditor

having a prior lien to that of theredemptioner, other than the

judgment under which suchpurchase was made, theamount of such other lien, withinterest.

Property so redeemed mayagain be redeemed within sixty(60) days after the lastredemption upon payment ofthe sum paid on the lastredemption, with two percentum thereon in addition andthe amount of any assessmentsor taxes which the lastredemptioner may have paidthereon after redemption byhim, with interest on such lastnamed amount, and in addition,the amount of any liens held by

said last redemptioner prior tohis own, with interest. Theproperty may be again, and asoften as a redemptioner is sodisposed, redeemed from anyprevious redemptioner withinsixty (60) days after the last

redemption, on paying the sumpaid on the last previousredemption, with two percentum thereon in addition, andthe amounts of any

assessments or taxes which thelast previous redemptioner paidafter the redemption thereon,with interest thereon, and theamount of any liens held by thelast redemptioner prior to hisown, with interest.

Written notice of anyredemption must be given tothe officer who made the saleand a duplicate filed with theregistry of deeds of the place,and if any assessments or taxesare paid by the redemptioner orif he has or acquires any lienother than that upon which theredemption was made, noticethereof must in like manner begiven to the officer and filedwith the registry of deeds; if

such notice be not filed, theproperty may be redeemedwithout paying suchassessments, taxes, or liens.(30a)

Section 29. Effect ofredemption by judgmentobligor , and a certificate to bedelivered and recordedthereupon ; to whom paymentson redemption made . — If the

judgment obligor redeems hemust make the same paymentsas are required to effect aredemption by a redemptioner,whereupon, no furtherredemption shall be allowed andhe is restored to his estate. Theperson to whom the redemptionpayment is made must execute

and deliver to him a certificateof redemption acknowledgedbefore a notary public or otherofficer authorized to takeacknowledgments ofconveyances of real property.Such certificate must be filed



and recorded in the registry ofdeeds of the place in which theproperty is situated and theregistrar of deeds must note therecord thereof on the margin of

the record of the certificate ofsale. The payments mentionedin this and the last precedingsections may be made to thepurchaser or redemptioner, orfor him to the officer who madethe sale. (31a)

Section 30. Proof required ofredemptioner . — Aredemptioner must produce tothe officer, or person fromwhom he seeks to redeem, andserve with his notice to theofficer a copy of the judgmentor final order under which heclaims the right to redeem,certified by the clerk of thecourt wherein the judgment orfinal order is entered, or, if heredeems upon a mortgage or

other lien, a memorandum ofthe record thereof, certified bythe registrar of deeds, or anoriginal or certified copy of anyassignment necessary toestablish his claim; and anaffidavit executed by him or hisagent, showing the amount thenactually due on the lien. (32a)

Section 31. Manner of using premises pending redemption ;waste restrained . — Until theexpiration of the time allowedfor redemption, the court may,as in other proper cases,restrain the commission ofwaste on the property byinjunction, on the application ofthe purchaser or the judgmentobligee, with or without notice;

but it is not waste for a personin possession of the property atthe time of the sale, or entitledto possession afterwards, duringthe period allowed forredemption, to continue to useit in the same manner in which

it was previously used, or to useit in the ordinary course ofhusbandry; or to make thenecessary repairs to buildingsthereon while he occupies the

property. (33a)

Section 32. Rents , earningsand income of property pendingredemption . — The purchaser ora redemptioner shall not beentitled to receive the rents,earnings and income of theproperty sold on execution, orthe value of the use andoccupation thereof when suchproperty is in the possession ofa tenant. All rents, earnings andincome derived from theproperty pending redemptionshall belong to the judgmentobligor until the expiration of hisperiod of redemption. (34a)

Section 33. Deed and possession to be given at

expiration of redemption period ;by whom executed or given . — If no redemption be madewithin one (1) year from thedate of the registration of thecertificate of sale, the purchaseris entitled to a conveyance andpossession of the property; or,if so redeemed whenever sixty(60) days have elapsed and noother redemption has beenmade, and notice thereof given,and the time for redemption hasexpired, the last redemptioner isentitled to the conveyance andpossession; but in all cases the

judgment obligor shall have theentire period of one (1) yearfrom the date of the registrationof the sale to redeem theproperty. The deed shall be

executed by the officer makingthe sale or by his successor inoffice, and in the latter caseshall have the same validity asthough the officer making thesale had continued in office andexecuted it.



Upon the expiration of the rightof redemption, the purchaser orredemptioner shall besubstituted to and acquire allthe rights, title, interest and

claim of the judgment obligor tothe property as of the time ofthe levy. The possession of theproperty shall be given to thepurchaser or last redemptionerby the same officer unless athird party adversely to the

judgment obligor. (35a)

Section 34. Recovery of price ifsale not effective ; revival of

judgment . — If the purchaser ofreal property sold on execution,or his successor in interest, failsto recover the possessionthereof, or is evicted therefrom,in consequence of irregularitiesin the proceedings concerningthe sale, or because the

judgment has been reversed orset aside, or because the

property sold was exempt fromexecution, or because a thirdperson has vindicated his claimto the property, he may onmotion in the same action or ina separate action recover fromthe judgment obligee the pricepaid, with interest, or so muchthereof as has not beendelivered to the judgmentobligor, or he may, on motion,have the original judgmentrevived in his name for thewhole price with interest, or somuch thereof as has beendelivered to the judgmentobligor. The judgment sorevived shall have the sameforce and effect as an original

judgment would have as of thedate of the revival and no more.

(36a)

Section 35. Right tocontribution or reimbursement .— When property liable to anexecution against severalpersons is sold thereon, and

more than a due proportion ofthe judgment is satisfied out ofthe proceeds of the sale of theproperty of one of them, or oneof them pays, without a sale,

more than his proportion, hemay compel a contribution fromthe others; and when a

judgment is upon an obligationof one of them, as security foranother, and the surety paysthe amount, or any part thereof,either by sale of his property orbefore sale, he may compelrepayment from the principal.(37a)

Section 36. Examination of judgment obligor when judgment unsatisfied . — Whenthe return of a writ of executionissued against property of a

judgment obligor, or any one ofseveral obligors in the same

judgment, shows that the judgment remains unsatisfied,

in whole or in part, the judgment obligee, at any timeafter such return is made, shallbe entitled to an order from thecourt which rendered the said

judgment, requiring such judgment obligor to appear andbe examined concerning hisproperty and income beforesuch court or before acommissioner appointed by it ata specified time and place; andproceedings may thereupon behad for the application of theproperty and income of the

judgment obligor towards thesatisfaction of the judgment.But no judgment obligor shall beso required to appear before acourt or commissioner outsidethe province or city in which

such obligor resides or is found.(38a)

Section 37. Examination ofobligor of judgment obligor . — When the return of a writ ofexecution against the property



of a judgment obligor showsthat the judgment remainunsatisfied, in whole or in part,and upon proof to thesatisfaction of the court which

issued the writ, that a person,corporation, or other juridicalentity has property of such

judgment obligor or is indebtedto him, the court may, by anorder, require such person,corporation, or other juridicalentity, or any officer, ormember thereof, to appearbefore the court or acommissioner appointed by it,at a time and place within theprovince or city where suchdebtor resides or is found, andbe examined concerning thesame. The service of the ordershall bind all credits due the

judgment obligor and all moneyand property of the judgmentobligor in the possession or inthe control of such person

corporation, or juridical entityfrom the time of service; andthe court may also requirenotice of such proceedings to begiven to any party to the actionin such manner as it may deemproper. (39a)

Section 38. Enforcement ofattendance and conduct ofexamination . — A party or otherperson may be compelled, by anorder or subpoena, to attendbefore the court orcommissioner to testify asprovided in the two precedingsections, and upon failure toobey such order or subpoena orto be sworn, or to answer as awitness or to subscribe hisdeposition, may be punished for

contempt as in other cases.Examinations shall not beunduly prolonged, but theproceedings may be adjournedfrom time to time, until they arecompleted. If the examination isbefore a commissioner, he must

take it in writing and certify it tothe court. All examinations andanswers before a courtcommissioner must be underoath, and when a corporation or

other juridical entity answers, itmust be on the oath of anauthorized officer or agentthereof. (40a)

Section 39. Obligor may payexecution against obligee . — After a writ of execution againstproperty has been issued, aperson indebted to the

judgment obligor may pay tothe sheriff holding the writ ofexecution the amount of hisdebt or so much thereof as maybe necessary to satisfy the

judgment, in the mannerprescribed in section 9 of thisRule, and the sheriff's receiptshall be a sufficient dischargefor the amount so paid ordirected to be credited by the

judgment obligee on theexecution. (41a)

Section 40. Order forapplication of property andincome to satisfaction of

judgment . — The court mayorder any property of the

judgment obligor, or money duehim, not exempt fromexecution, in the hands of eitherhimself or another person, or ofa corporation or other juridicalentity, to be applied to thesatisfaction of the judgment,subject to any prior rights oversuch property.

If, upon investigation of hiscurrent income and expenses, itappears that the earnings of the

judgment obligor for hispersonal services are more thannecessary for the support of hisfamily, the court may order thathe pay the judgment in fixedmonthly installments, and uponhis failure to pay any such



installment when due withoutgood excuse, may punish himfor indirect contempt. (42a)

Section 41. Appointment of

receiver . — The court mayappoint a receiver of theproperty of the judgmentobligor; and it may also forbid atransfer or other disposition of,or any interference with, theproperty of the judgmentobligor not exempt fromexecution. (43a)

Section 42. Sale ofascertainable interest of

judgment obligor in real estate .— If it appears that the

judgment obligor has an interestin real estate in the place inwhich proceedings are had, asmortgagor or mortgagee orotherwise, and his interesttherein can be ascertainedwithout controversy the receiver

may be ordered to sell andconvey such real estate or theinterest of the obligor therein;and such sale shall beconducted in all respects in thesame manner as is provided forthe sale of real state uponexecution, and the proceedingsthereon shall be approved bythe court before the executionof the deed. (34a)

Section 43. Proceedings whenindebtedness denied or another

person claims the property . — Ifit appears that a person orcorporation, alleged to haveproperty of the judgmentobligor or to be indebted to him,claims an interest in theproperty adverse to him or

denied the debt, the court mayauthorize, by an order made tothat effect, the judgmentobligee to institute an actionagainst such person orcorporation for the recovery ofsuch interest or debt, forbid a

transfer or other disposition ofsuch interest or debt within onehundred twenty (120) daysfrom notice of the order, andmay punish disobedience of

such order as for contempt.Such order may be modified orvacated at any time by thecourt which issued it, or by thecourt in which the action isbrought, upon such terms asmay be just. (45a)

Section 44. Entry ofsatisfaction of judgment by clerkof court . — Satisfaction of a

judgment shall be entered bythe clerk of court in the courtdocket, and in the executionbook, upon the return of a writof execution showing the fullsatisfaction of the judgment, orupon the filing of an admissionto the satisfaction of the

judgment executed andacknowledged in the same

manner as a conveyance of realproperty by the judgmentobligee or by his counsel unlessa revocation of his authority isfiled, or upon the endorsementof such admission by the

judgment obligee or his counsel,on the face of the record of the

judgment. (46a)

Section 45. Entry ofsatisfaction with or withoutadmission . — Whenever a

judgment is satisfied in fact, orotherwise than upon anexecution on demand of the

judgment obligor, the judgmentobligee or his counsel mustexecute and acknowledge, orindorse an admission of thesatisfaction as provided in the

last preceding section, and afternotice and upon motion thecourt may order either the

judgment obligee or his counselto do so, or may order the entryof satisfaction to be madewithout such admission. (47a)



Section 46. When principalbound by judgment againstsurety . — When a judgment isrendered against a party whostands as surety for another,

the latter is also bound from thetime that he has notice of theaction or proceeding, and anopportunity at the surety'srequest to join in the defense.(48a)

Section 47. Effect of judgmentsor final orders . — The effect of a

judgment or final orderrendered by a court of thePhilippines, having jurisdictionto pronounce the judgment orfinal order, may be as follows:

(a) In case of a judgment orfinal order against a specificthing, or in respect to theprobate of a will, or theadministration of the estate of adeceased person, or in respect

to the personal, political, orlegal condition or status of aparticular person or hisrelationship to another, the

judgment or final order isconclusive upon the title to thething, the will or administrationor the condition, status orrelationship of the person,however, the probate of a will orgranting of letters ofadministration shall only be

prima facie evidence of thedeath of the testator orintestate;

(b) In other cases, the judgment or final order is, withrespect to the matter directlyadjudged or as to any othermatter that could have been

missed in relation thereto,conclusive between the partiesand their successors in interest,by title subsequent to thecommencement of the action orspecial proceeding, litigating forthe same thing and under the

same title and in the samecapacity; and

(c) In any other litigationbetween the same parties or

their successors in interest, thatonly is deemed to have beenadjudged in a former judgmentor final order which appearsupon its face to have been soadjudged, or which was actuallyand necessarily included thereinor necessary thereto. (49a)

Section 48. Effect of foreign judgments or final orders . — The effect of a judgment or finalorder of a tribunal of a foreigncountry, having jurisdiction torender the judgment or finalorder is as follows:

(a) In case of a judgment orfinal order upon a specific thing,the judgment or final order, isconclusive upon the title to thething, and

(b) In case of a judgment orfinal order against a person, the

judgment or final order ispresumptive evidence of a rightas between the parties and theirsuccessors in interest by asubsequent title.

In either case, the judgment or

final order may be repelled byevidence of a want of jurisdiction, want of notice tothe party, collusion, fraud, orclear mistake of law or fact.(50a)

Appeals

RULE 40

Appeal From Municipal TrialCourts to the Regional Trial

Courts



Section 1. Where to appeal . — An appeal from a judgment orfinal order of a Municipal TrialCourt may be taken to theRegional Trial Court exercising

jurisdiction over the area towhich the former pertains. Thetitle of the case shall remain asit was in the court of origin, butthe party appealing the caseshall be further referred to asthe appellant and the adverseparty as the appellee. (a)

Section 2. When to appeal . — An appeal may be taken withinfifteen (15) days after notice tothe appellant of the judgment orfinal order appealed from.Where a record on appeal isrequired, the appellant shall filea notice of appeal and a recordon appeal within thirty (30)days after notice of the

judgment or final order.

The period of appeal shall beinterrupted by a timely motionfor new trial or reconsideration.No motion for extension of timeto file a motion for new trial orreconsideration shall be allowed.(n)

Section 3. How to appeal . — The appeal is taken by filing anotice of appeal with the court

that rendered the judgment orfinal order appealed from. Thenotice of appeal shall indicatethe parties to the appeal, the

judgment or final order or partthereof appealed from, andstate the material datesshowing the timeliness of theappeal.

A record on appeal shall berequired only in specialproceedings and in other casesof multiple or separate appeals.

The form and contents of therecord on appeal shall be asprovided in section 6, Rule 41.

Copies of the notice of appeal,and the record on appeal whererequired, shall be served on theadverse party. (n)

Section 4. Perfection of appeal ;effect thereof. — The perfectionof the appeal and the effectthereof shall be governed by theprovisions of section 9, Rule 41.(n)

Section 5. Appellate courtdocket and other lawful fees . — Within the period for taking anappeal, the appellant shall payto the clerk of the court whichrendered the judgment or finalorder appealed from the fullamount of the appellate courtdocket and other lawful fees.Proof of payment thereof shallbe transmitted to the appellatecourt together with the originalrecord or the record on appeal,as the case may be. (n)

Section 6. Duty of the clerk ofcourt . — Within fifteen (15)days from the perfection of theappeal, the clerk of court or thebranch clerk of court of thelower court shall transmit theoriginal record or the record onappeal, together with thetranscripts and exhibits, whichhe shall certify as complete, to

the proper Regional Trial Court.A copy of his letter oftransmittal of the records to theappellate court shall befurnished the parties. (n)

Section 7. Procedure in theRegional Trial Court . —

(a) Upon receipt of the completerecord or the record on appeal,the clerk of court of theRegional Trial Court shall notifythe parties of such fact.

(b) Within fifteen (15) daysfrom such notice, it shall be theduty of the appellant to submit



a memorandum which shallbriefly discuss the errorsimputed to the lower court, acopy of which shall be furnishedby him to the adverse party.

Within fifteen (15) days fromreceipt of the appellant'smemorandum, the appellee mayfile his memorandum. Failure ofthe appellant to file amemorandum shall be a groundfor dismissal of the appeal.

(c) Upon the filing of thememorandum of the appellee,or the expiration of the periodto do so, the case shall beconsidered submitted fordecision. The Regional TrialCourt shall decide the case onthe basis of the entire record ofthe proceedings had in the courtof original and such memorandaas are filed. (n)

Section 8. Appeal from orders

dismissing case without trial ;lack of jurisdiction . — If anappeal is taken from an order ofthe lower court dismissing thecase without a trial on themerits, the Regional Trial Courtmay affirm or reverse it, as thecase may be. In case ofaffirmance and the ground ofdismissal is lack of jurisdictionover the subject matter, theRegional Trial Court, if it has

jurisdiction thereover, shall trythe case on the merits as if thecase was originally filed with it.In case of reversal, the caseshall be remanded for furtherproceedings.

If the case was tried on themerits by the lower court

without jurisdiction over thesubject matter, the RegionalTrial Court on appeal shall notdismiss the case if it has original

jurisdiction thereof, but shalldecide the case in accordancewith the preceding section,

without prejudice to theadmission of amended pleadingsand additional evidence in theinterest of justice. (n)

Section 9. Applicability of Rule41 . — The other provisions ofRule 41 shall apply to appealsprovided for herein insofar asthey are not inconsistent with ormay serve to supplement theprovisions of this Rule. (n)

RULE 41

Appeal From The RegionalTrial Courts

Section 1. Subject of appeal . — An appeal may be taken from a

judgment or final order thatcompletely disposes of the case,or of a particular matter thereinwhen declared by these Rules tobe appealable.

No appeal may be taken from:

(a) An order denying a motionfor new trial or reconsideration;

(b) An order denying a petitionfor relief or any similar motionseeking relief from judgment;

(c) An interlocutory order;

(d) An order disallowing ordismissing an appeal;

(e) An order denying a motionto set aside a judgment byconsent, confession orcompromise on the ground offraud, mistake or duress, or anyother ground vitiating consent;

(f) An order of execution;

(g) A judgment or final order foror against one or more ofseveral parties or in separateclaims, counterclaims, cross-claims and third-party



complaints, while the main caseis pending, unless the courtallows an appeal therefrom; and

(h) An order dismissing an

action without prejudice.

In all the above instances wherethe judgment or final order isnot appealable, the aggrievedparty may file an appropriatespecial civil action under Rule65. (n)

Section 2. Modes of appeal . —

(a) Ordinary appeal . — Theappeal to the Court of Appealsin cases decided by the RegionalTrial Court in the exercise of itsoriginal jurisdiction shall betaken by filing a notice of appealwith the court which renderedthe judgment or final orderappealed from and serving acopy thereof upon the adverseparty. No record on appeal shallbe required except in specialproceedings and other cases ofmultiple or separate appealswhere law on these Rules sorequire. In such cases, therecord on appeal shall be filedand served in like manner.

(b) Petition for review . — Theappeal to the Court of Appeals

in cases decided by the RegionalTrial Court in the exercise of itsappellate jurisdiction shall be bypetition for review in accordancewith Rule 42.

(c) Appeal by certiorari . — In allcases where only questions oflaw are raised or involved, theappeal shall be to the SupremeCourt by petition for review on

certiorari in accordance with theRule 45. (n)

Section 3. Period of ordinaryappeal . — The appeal shall betaken within fifteen (15) daysfrom notice of the judgment or

final order appealed from.Where a record on appeal isrequired, the appellant shall filea notice of appeal and a recordon appeal within thirty (30)

days from notice of the judgment or final order.

The period of appeal shall beinterrupted by a timely motionfor new trial or reconsideration.No motion for extension of timeto file a motion for new trial orreconsideration shall be allowed.(n)

Section 4. Appellate courtdocket and other lawful fees . — Within the period for taking anappeal, the appellant shall payto the clerk of the court whichrendered the judgment or finalorder appealed from, the fullamount of the appellate courtdocket and other lawful fees.Proof of payment of said fees

shall be transmitted to theappellate court together withthe original record or the recordon appeal. (n)

Section 5. Notice of appeal . — The notice of appeal shallindicate the parties to theappeal, specify the judgment orfinal order or part thereofappealed from, specify the court

to which the appeal is beingtaken, and state the materialdates showing the timeliness ofthe appeal. (4a)

Section 6. Record on appeal ;form and contents thereof. — The full names of all the partiesto the proceedings shall bestated in the caption of therecord on appeal and it shallinclude the judgment or finalorder from which the appeal istaken and, in chronologicalorder, copies of only suchpleadings, petitions, motionsand all interlocutory orders asare related to the appealed



judgment or final order for theproper understanding of theissue involved, together withsuch data as will show that theappeal was perfected on time. If

an issue of fact is to be raisedon appeal, the record on appealshall include by reference all theevidence, testimonial anddocumentary, taken upon theissue involved. The referenceshall specify the documentaryevidence by the exhibit numbersor letters by which it wasidentified when admitted oroffered at the hearing, and thetestimonial evidence by thenames of the correspondingwitnesses. If the wholetestimonial and documentaryevidence in the case is to beincluded, a statement to thateffect will be sufficient withoutmentioning the names of thewitnesses or the numbers orletters of exhibits. Every record

on appeal exceeding twenty(20) pages must contain asubject index. (6a)

Section 7. Approval of recordon appeal . — Upon the filing ofthe record on appeal forapproval and if no objection isfiled by the appellee within five(5) days from receipt of a copythereof, the trial court mayapprove it as presented or uponits own motion or at theinstance of the appellee, maydirect its amendment by theinclusion of any omitted matterswhich are deemed essential tothe determination of the issue oflaw or fact involved in theappeal. If the trial court ordersthe amendment of the record,

the appellant, within the timelimited in the order, or suchextension thereof as may begranted, or if no time is fixed bythe order within ten (10) daysfrom receipt thereof, shallredraft the record by including

therein, in their properchronological sequence, suchadditional matters as the courtmay have directed him toincorporate, and shall thereupon

submit the redrafted record forapproval, upon notice to theappellee, in like manner as theoriginal draft. (7a)

Section 8. Joint record onappeal . — Where both partiesare appellants, they may file a

joint record on appeal within thetime fixed by section 3 of thisRule, or that fixed by the court.(8a)

Section 9. Perfection of appeal ;effect thereof. — A party'sappeal by notice of appeal isdeemed perfected as to himupon the filing of the notice ofappeal in due time.

A party's appeal by record onappeal is deemed perfected asto him with respect to thesubject matter thereof upon theapproval of the record on appealfiled in due time.

In appeals by notice of appeal,the court loses jurisdiction overthe case upon the perfection ofthe appeals filed in due timeand the expiration of the time to

appeal of the other parties.

In appeals by record on appeal,the court loses jurisdiction onlyover the subject matter thereofupon the approval of therecords on appeal filed in duetime and the expiration of theappeal of the other parties.

In either case, prior to the

transmittal of the original recordor the record on appeal, thecourt may issue orders for theprotection and preservation ofthe rights of the parties whichdo not involve any matterlitigated by the appeal, approve



compromises, permit appeals ofindigent litigants, orderexecution pending appeal inaccordance with 2 of Rule 39,and allow withdrawal of the

appeal. (9a)

Section 10. Duty of clerk ofcourt of the lower court upon

perfection of appeal . — Withinthirty (30) days after perfectionof all the appeals in accordancewith the preceding section, itshall be the duty of the clerk ofcourt of the lower court:

(a) To verify the correctness ofthe original record or the recordon appeal, as the case may beaid to make certification of itscorrectness;

(b) To verify the completenessof the records that will be,transmitted to the appellatecourt;

(c) If found to be incomplete, totake such measures as may berequired to complete therecords, availing of the authoritythat he or the court mayexercise for this purpose; and

(d) To transmit the records tothe appellate court.

If the efforts to complete therecords fail, he shall indicate inhis letter of transmittal theexhibits or transcripts notincluded in the records beingtransmitted to the appellatecourt, the reasons for their non-transmittal, and the steps takenor that could be taken to havethem available.

The clerk of court shall furnishthe parties with copies of hisletter of transmittal of therecords to the appellate court.(10a)

Section 11. Transcript . — Upon

the perfection of the appeal, theclerk shall immediately directthe stenographers concerned toattach to the record of the casefive (5) copies of the transcripts

of the testimonial evidencereferred to in the record onappeal. The stenographersconcerned shall transcribe suchtestimonial evidence and shallprepare and affix to theirtranscripts an index containingthe names of the witnesses andthe pages wherein theirtestimonies are found, and a listof the exhibits and the pageswherein each of them appearsto have been offered andadmitted or rejected by the trialcourt. The transcripts shall betransmitted to the clerk of thetrial court who shall thereuponarrange the same in the order inwhich the witnesses testified atthe trial, and shall cause thepages to be numbered

consecutively. (12a)

Section 12. Transmittal . — Theclerk of the trial court shalltransmit to the appellate courtthe original record or theapproved record on appealwithin thirty (30) days from theperfection of the appeal,together with the proof ofpayment of the appellate courtdocket and other lawful fees, acertified true copy of theminutes of the proceedings, theorder of approval, the certificateof correctness, the originaldocumentary evidence referredto therein, and the original andthree (3) copies of thetranscripts. Copies of thetranscripts and certified true

copies of the documentaryevidence shall remain in thelower court for the examinationof the parties. (11a)

Section 13. Dismissal ofappeal . — Prior to the



transmittal of the original recordor the record on appeal to theappellate court, the trial courtmay motu propio or on motiondismiss the appeal for having

been taken out of time. (14a)

RULE 42

Petition for Review From theRegional Trial Courts to the

Court of Appeals

Section 1. How appeal taken ;

time for filing . — A partydesiring to appeal from adecision of the Regional TrialCourt rendered in the exerciseof its appellate jurisdiction mayfile a verified petition for reviewwith the Court of Appeals,paying at the same time to theclerk of said court thecorresponding docket and otherlawful fees, depositing theamount of P500.00 for costs,and furnishing the Regional TrialCourt and the adverse partywith a copy of the petition. Thepetition shall be filed and servedwithin fifteen (15) days fromnotice of the decision sought tobe reviewed or of the denial ofpetitioner's motion for new trialor reconsideration filed in due

time after judgment. Uponproper motion and the paymentof the full amount of the docketand other lawful fees and thedeposit for costs before theexpiration of the reglementaryperiod, the Court of Appealsmay grant an additional periodof fifteen (15) days only withinwhich to file the petition for

review. No further extensionshall be granted except for themost compelling reason and inno case to exceed fifteen (15)days. (n)

Section 2. Form and contents .— The petition shall be filed in

seven (7) legible copies, withthe original copy intended forthe court being indicated assuch by the petitioner, and shall(a) state the full names of the

parties to the case, withoutimpleading the lower courts or

judges thereof either aspetitioners or respondents; (b)indicate the specific materialdates showing that it was filedon time; (c) set forth conciselya statement of the mattersinvolved, the issues raised, thespecification of errors of fact orlaw, or both, allegedlycommitted by the Regional TrialCourt, and the reasons orarguments relied upon for theallowance of the appeal; (d) beaccompanied by clearly legibleduplicate originals or true copiesof the judgments or final ordersof both lower courts, certifiedcorrect by the clerk of court ofthe Regional Trial Court, the

requisite number of plain copiesthereof and of the pleadings andother material portions of therecord as would support theallegations of the petition.

The petitioner shall also submittogether with the petition acertification under oath that hehas not theretofore commencedany other action involving thesame issues in the SupremeCourt, the Court of Appeals ordifferent divisions thereof, orany other tribunal or agency; ifthere is such other action orproceeding, he must state thestatus of the same; and if heshould thereafter learn that asimilar action or proceeding hasbeen filed or is pending before

the Supreme Court, the Court ofAppeals, or different divisionsthereof, or any other tribunal oragency, he undertakes topromptly inform the aforesaidcourts and other tribunal oragency thereof within five (5)



days therefrom. (n)

Section 3. Effect of failure tocomply with requirements . — The failure of the petitioner to

comply with any of theforegoing requirementsregarding the payment of thedocket and other lawful fees,the deposit for costs, proof ofservice of the petition, and thecontents of and the documentswhich should accompany thepetition shall be sufficientground for the dismissalthereof. (n)

Section 4. Action on the petition . — The Court of Appealsmay require the respondent tofile a comment on the petition,not a motion to dismiss, withinten (10) days from notice, ordismiss the petition if it findsthe same to be patently withoutmerit, prosecuted manifestly for

delay, or that the questionsraised therein are tooinsubstantial to requireconsideration. (n)

Section 5. Contents ofcomment . — The comment ofthe respondent shall be filed inseven (7) legible copies,accompanied by certified truecopies of such material portions

of the record referred to thereintogether with other supportingpapers and shall (a) statewhether or not he accepts thestatement of matters involved inthe petition; (b) point out suchinsufficiencies or inaccuracies ashe believes exist in petitioner'sstatement of matters involvedbut without repetition; and (c)

state the reasons why thepetition should not be given duecourse. A copy thereof shall beserved on the petitioner. (a)

Section 6. Due course . — Ifupon the filing of the commentor such other pleadings as the

court may allow or require, orafter the expiration of theperiod for the filing thereofwithout such comment orpleading having been submitted,

the Court of Appeals finds primafacie that the lower court hascommitted an error of fact orlaw that will warrant a reversalor modification of the appealeddecision, it may accordingly givedue course to the petition. (n)

Section 7. Elevation of record .— Whenever the Court ofAppeals deems it necessary, itmay order the clerk of court ofthe Regional Trial Court toelevate the original record ofthe case including the oral anddocumentary evidence withinfifteen (15) days from notice.(n)

Section 8. Perfection of appeal ;effect thereof. — (a) Upon the

timely filing of a petition forreview and the payment of thecorresponding docket and otherlawful fees, the appeal isdeemed perfected as to thepetitioner.

The Regional Trial Court loses jurisdiction over the case uponthe perfection of the appealsfiled in due time and the

expiration of the time to appealof the other parties.

However, before the Court ofAppeals gives due course to thepetition, the Regional Trial Courtmay issue orders for theprotection and preservation ofthe rights of the parties whichdo not involve any matterlitigated by the appeal, approvecompromises, permit appeals ofindigent litigants, orderexecution pending appeal inaccordance with section 2 ofRule 39, and allow withdrawal ofthe appeal. (9a, R41)



(b) Except in civil cases decidedunder the Rule on SummaryProcedure, the appeal shall staythe judgment or final orderunless the Court of Appeals, the

law, or these Rules shall provideotherwise. (a)

Section 9. Submission fordecision . — If the petition isgiven due course, the Court ofAppeals may set the case fororal argument or require theparties to submit memorandawithin a period of fifteen (15)days from notice. The case shallbe deemed submitted fordecision upon the filing of thelast pleading or memorandumrequired by these Rules or bythe court itself. (n)

RULE 43

Appeals From the Court ofTax Appeals and Quasi-Judicial Agencies to the

Court of Appeals

Section 1. Scope . — This Ruleshall apply to appeals from

judgments or final orders of theCourt of Tax Appeals and fromawards, judgments, final ordersor resolutions of or authorized

by any quasi-judicial agency inthe exercise of its quasi-judicialfunctions. Among theseagencies are the Civil ServiceCommission, Central Board ofAssessment Appeals, Securitiesand Exchange Commission,Office of the President, LandRegistration Authority, SocialSecurity Commission, CivilAeronautics Board, Bureau ofPatents, Trademarks andTechnology Transfer, NationalElectrification Administration,Energy Regulatory Board,National TelecommunicationsCommission, Department ofAgrarian Reform under Republic

Act No. 6657, GovernmentService Insurance System,Employees CompensationCommission, AgriculturalInvention Board, Insurance

Commission, Philippine AtomicEnergy Commission, Board ofInvestments, ConstructionIndustry ArbitrationCommission, and voluntaryarbitrators authorized by law.(n)

Section 2. Cases not covered .— This Rule shall not apply to

judgments or final orders issuedunder the Labor Code of thePhilippines. (n)

Section 3. Where to appeal . — An appeal under this Rule maybe taken to the Court of Appealswithin the period and in themanner herein provided,whether the appeal involvesquestions of fact, of law, or

mixed questions of fact and law.(n)

Section 4. Period of appeal . — The appeal shall be taken withinfifteen (15) days from notice ofthe award, judgment, final orderor resolution, or from the dateof its last publication, ifpublication is required by lawfor its effectivity, or of the

denial of petitioner's motion fornew trial or reconsideration dulyfiled in accordance with thegoverning law of the court oragency a quo . Only one (1)motion for reconsideration shallbe allowed. Upon proper motionand the payment of the fullamount of the docket fee beforethe expiration of the

reglementary period, the Courtof Appeals may grant anadditional period of fifteen (15)days only within which to filethe petition for review. Nofurther extension shall begranted except for the most



compelling reason and in nocase to exceed fifteen (15)days. (n)

Section 5. How appeal taken .

— Appeal shall be taken by filinga verified petition for review inseven (7) legible copies with theCourt of Appeals, with proof ofservice of a copy thereof on theadverse party and on the courtor agency a quo . The originalcopy of the petition intended forthe Court of Appeals shall beindicated as such by thepetitioner.

Upon the filing of the petition,the petitioner shall pay to theclerk of court of the Court ofAppeals the docketing and otherlawful fees and deposit the sumof P500.00 for costs. Exemptionfrom payment of docketing andother lawful fees and thedeposit for costs may be

granted by the Court of Appealsupon a verified motion settingforth valid grounds therefor. Ifthe Court of Appeals denies themotion, the petitioner shall paythe docketing and other lawfulfees and deposit for costs withinfifteen (15) days from notice ofthe denial. (n)

Section 6. Contents of the

petition . — The petition forreview shall (a) state the fullnames of the parties to thecase, without impleading thecourt or agencies either aspetitioners or respondents; (b)contain a concise statement ofthe facts and issues involvedand the grounds relied upon forthe review; (c) be accompanied

by a clearly legible duplicateoriginal or a certified true copyof the award, judgment, finalorder or resolution appealedfrom, together with certifiedtrue copies of such materialportions of the record referred

to therein and other supportingpapers; and (d) contain a sworncertification against forumshopping as provided in the lastparagraph of section 2, Rule 42.

The petition shall state thespecific material dates showingthat it was filed within theperiod fixed herein. (2a)

Section 7. Effect of failure tocomply with requirements . — The failure of the petitioner tocomply with any of theforegoing requirementsregarding the payment of thedocket and other lawful fees,the deposit for costs, proof ofservice of the petition, and thecontents of and the documentswhich should accompany thepetition shall be sufficientground for the dismissalthereof. (n)

Section 8. Action on the

petition .—

The Court of Appealsmay require the respondent tofile a comment on the petitionnot a motion to dismiss, withinten (10) days from notice, ordismiss the petition if it findsthe same to be patently withoutmerit, prosecuted manifestly fordelay, or that the questionsraised therein are toounsubstantial to requireconsideration. (6a)

Section 9. Contents ofcomment . — The comment shallbe filed within ten (10) daysfrom notice in seven (7) legiblecopies and accompanied byclearly legible certified truecopies of such material portionsof the record referred to therein

together with other supportingpapers. The comment shall (a)point out insufficiencies orinaccuracies in petitioner'sstatement of facts and issues;and (b) state the reasons whythe petition should be denied or



dismissed. A copy thereof shallbe served on the petitioner, andproof of such service shall befiled with the Court of Appeals.(9a)

Section 10. Due course . — Ifupon the filing of the commentor such other pleadings ordocuments as may be requiredor allowed by the Court ofAppeals or upon the expirationof the period for the filingthereof, and on the records theCourt of Appeals finds primafacie that the court or agencyconcerned has committed errorsof fact or law that wouldwarrant reversal or modificationof the award, judgment, finalorder or resolution sought to bereviewed, it may give duecourse to the petition;otherwise, it shall dismiss thesame. The findings of fact of thecourt or agency concerned,

when supported by substantialevidence, shall be binding onthe Court of Appeals. (n)

Section 11. Transmittal ofrecord . — Within fifteen (15)days from notice that thepetition has been given duecourse, the Court of Appealsmay require the court or agencyconcerned to transmit theoriginal or a legible certified truecopy of the entire record of theproceeding under review. Therecord to be transmitted may beabridged by agreement of allparties to the proceeding. TheCourt of Appeals may require orpermit subsequent correction ofor addition to the record. (8a)

Section 12. Effect of appeal .—

The appeal shall not stay theaward, judgment, final order orresolution sought to bereviewed unless the Court ofAppeals shall direct otherwiseupon such terms as it may

deem just. (10a)

Section 13. Submission fordecision . — If the petition isgiven due course, the Court of

Appeals may set the case fororal argument or require theparties to submit memorandawithin a period of fifteen (15)days from notice. The case shallbe deemed submitted fordecision upon the filing of thelast pleading or memorandumrequired by these Rules or bythe court of Appeals. (n)

Procedure in the Court ofAppeals

RULE 44

Ordinary Appealed Cases

Section 1. Title of cases . — Inall cases appealed to the Courtof Appeals under Rule 41, thetitle of the case shall remain asit was in the court of origin, butthe party appealing the caseshall be further referred to asthe appellant and the adverseparty as the appellee. (1a, R46)

Section 2. Counsel andguardians . — The counsel andguardians ad litem of the partiesin the court of origin shall berespectively considered as theircounsel and guardians ad litem in the Court of Appeals. Whenothers appear or are appointed,notice thereof shall be servedimmediately on the adverseparty and filed with the court.

(2a, R46)

Section 3. Order of transmittalof record . — If the originalrecord or the record on appealis not transmitted to the Courtof Appeals within thirty (30)



days after the perfection of theappeal, either party may file amotion with the trial court, withnotice to the other, for thetransmittal of such record or

record on appeal. (3a, R46)

Section 4. Docketing of case .— Upon receiving the originalrecord or the record on appealand the accompanyingdocuments and exhibitstransmitted by the lower court,as well as the proof of paymentof the docket and other lawfulfees, the clerk of court of theCourt of Appeals shall docketthe case and notify the partiesthereof. (4a, R46)

Within ten (10) days fromreceipt of said notice, theappellant, in appeals by recordon appeal, shall file with theclerk of court seven (7) clearlylegible copies of the approved

record on appeal, together withthe proof of service of two (2)copies thereof upon theappellee.

Any unauthorized alteration,omission or addition in theapproved record on appeal shallbe a ground for dismissal of theappeal. (n)

Section 5. Completion ofrecord . — Where the record ofthe docketed case is incomplete,the clerk of court of the Court ofAppeals shall so inform saidcourt and recommend to itmeasures necessary tocomplete the record. It shall bethe duty of said court to takeappropriate action towards thecompletion of the record withinthe shortest possible time. (n)

Section 6. Dispensing withcomplete record . — Where thecompletion of the record couldnot be accomplished within asufficient period allotted for said

purpose due to insuperable orextremely difficult causes, thecourt, on its own motion or onmotion of any of the parties,may declare that the record and

its accompanying transcriptsand exhibits so far available aresufficient to decide the issuesraised in the appeal, and shallissue an order explaining thereasons for such declaration. (n)

Section 7. Appellant's brief. — It shall be the duty of theappellant to file with the court,within forty-five (45) days fromreceipt of the notice of the clerkthat all the evidence, oral anddocumentary, are attached tothe record, seven (7) copies ofhis legibly typewritten,mimeographed or printed brief,with proof of service of two (2)copies thereof upon theappellee. (10a, R46)

Section 8. Appellee's brief. —

Within forty-five (45) days fromreceipt of the appellant's brief,the appellee shall file with thecourt seven (7) copies of hislegibly typewritten,mimeographed or printed brief,with proof of service of two (2)copies thereof upon theappellant. (11a, R46)

Section 9. Appellant's replybrief. — Within twenty (20)days from receipt of theappellee's brief, the appellantmay file a reply brief answeringpoints in the appellee's brief notcovered in his main brief. (12a,R46)

Section 10. Time of filingmemoranda in special cases . — In certiorari , prohibition,mandamus, quo warranto andhabeas corpus cases, the partiesshall file in lieu of briefs, theirrespective memoranda within anon-extendible period of thirty(30) days from receipt of the



notice issued by the clerk thatall the evidence, oral anddocumentary, is alreadyattached to the record. (13a,R46)

The failure of the appellant tofile his memorandum within theperiod therefor may be a groundfor dismissal of the appeal. (n)

Section 11. Several appellantsor appellees or several counselfor each party . — Where thereare several appellants orappellees, each counselrepresenting one or more butnot all of them shall be servedwith only one copy of the briefs.When several counsel representone appellant or appellee,copies of the brief may beserved upon any of them. (14a,R46)

Section 12. Extension of timefor filing briefs . — Extension oftime for the filing of briefs willnot be allowed, except for goodand sufficient cause, and only ifthe motion for extension is filedbefore the expiration of the timesought to be extended. (15,R46)

Section 13. Contents ofappellant's brief. — The

appellant's brief shall contain, inthe order herein indicated, thefollowing:

(a) A subject index of thematter in the brief with a digestof the arguments and pagereferences, and a table of casesalphabetically arranged,textbooks and statutes citedwith references to the pageswhere they are cited;

(b) An assignment of errorsintended to be urged, whicherrors shall be separately,distinctly and concisely statedwithout repetition and

numbered consecutively;

(c) Under the heading"Statement of the Case," a clearand concise statement of the

nature of the action, a summaryof the proceedings, theappealed rulings and orders ofthe court, the nature of the

judgment and any other mattersnecessary to an understandingof the nature of the controversywith page references to therecord;

(d) Under the heading"Statement of Facts," a clearand concise statement in anarrative form of the factsadmitted by both parties and ofthose in controversy, togetherwith the substance of the proofrelating thereto in sufficientdetail to make it clearlyintelligible, with page referencesto the record;

(e) A clear and concisestatement of the issues of factor law to be submitted, to thecourt for its judgment;

(f) Under the heading"Argument," the appellant'sarguments on each assignmentof error with page references tothe record. The authorities

relied upon shall be cited by thepage of the report at which thecase begins and the page of thereport on which the citation isfound;

(g) Under the heading "Relief,"a specification of the order or

judgment which the appellantseeks; and

(h) In cases not brought up byrecord on appeal, theappellant's brief shall contain,as an appendix, a copy of the

judgment or final orderappealed from. (16a, R46)



Section 14. Contents ofappellee's brief. — Theappellee's brief shall contain, inthe order herein indicated thefollowing:

(a) A subject index of thematter in the brief with a digestof the arguments and pagereferences, and a table of casesalphabetically arranged,textbooks and statutes citedwith references to the pageswhere they are cited;

(b) Under the heading"Statement of Facts," theappellee shall state that heaccepts the statement of factsin the appellant's brief, or underthe heading "Counter-Statementof Facts," he shall point outsuch insufficiencies orinaccuracies as he believes existin the appellant's statement offacts with references to the

pages of the record in supportthereof, but without repetitionof matters in the appellant'sstatement of facts; and

(c) Under the heading"Argument," the appellee shallset forth his arguments in thecase on each assignment oferror with page references tothe record. The authorities

relied on shall be cited by thepage of the report at which thecase begins and the page of thereport on which the citation isfound. (17a, R46)

Section 15. Questions that maybe raised on appeal . — Whetheror not the appellant has filed amotion for new trial in the courtbelow he may include in hisassignment of errors anyquestion of law or fact that hasbeen raised in the court belowand which is within the issuesframed by the parties. (18, R46)

RULE 45

Appeal by Certiorari to theSupreme Court

Section 1. Filing of petitionwith Supreme Court . — A partydesiring to appeal by certiorari from a judgment or final orderor resolution of the Court ofAppeals, the Sandiganbayan,the Regional Trial Court or othercourts whenever authorized bylaw, may file with the SupremeCourt a verified petition forreview on certiorari . The petitionshall raise only questions of lawwhich must be distinctly setforth. (1a, 2a)

Section 2. Time for filing ;extension . — The petition shallbe filed within fifteen (15) daysfrom notice of the judgment orfinal order or resolutionappealed from, or of the denialof the petitioner's motion fornew trial or reconsideration filedin due time after notice of the

judgment. On motion duly filedand served, with full payment ofthe docket and other lawful feesand the deposit for costs beforethe expiration of thereglementary period, theSupreme Court may for

justifiable reasons grant anextension of thirty (30) daysonly within which to file thepetition. (1a, 5a)

Section 3. Docket and otherlawful fees ; proof of service of

petition . — Unless he hastheretofore done so, thepetitioner shall pay thecorresponding docket and otherlawful fees to the clerk of courtof the Supreme Court anddeposit the amount of P500.00for costs at the time of the filingof the petition. Proof of serviceof a copy, thereof on the lowercourt concerned and on the



adverse party shall besubmitted together with thepetition. (1a)

Section 4. Contents of petition .

— The petition shall be filed ineighteen (18) copies, with theoriginal copy intended for thecourt being indicated as such bythe petitioner and shall (a) statethe full name of the appealingparty as the petitioner and theadverse party as respondent,without impleading the lowercourts or judges thereof eitheras petitioners or respondents;(b) indicate the material datesshowing when notice of the

judgment or final order orresolution subject thereof wasreceived, when a motion fornew trial or reconsideration, ifany, was filed and when noticeof the denial thereof wasreceived; (c) set forth conciselya statement of the matters

involved, and the reasons orarguments relied on for theallowance of the petition; (d) beaccompanied by a clearly legibleduplicate original, or a certifiedtrue copy of the judgment orfinal order or resolution certifiedby the clerk of court of the courta quo and the requisite numberof plain copies thereof, and suchmaterial portions of the recordas would support the petition;and (e) contain a sworncertification against forumshopping as provided in the lastparagraph of section 2, Rule 42.(2a)

Section 5. Dismissal or denialof petition . — The failure of thepetitioner to comply with any of

the foregoing requirementsregarding the payment of thedocket and other lawful fees,deposit for costs, proof ofservice of the petition, and thecontents of and the documentswhich should accompany the

petition shall be sufficientground for the dismissalthereof.

The Supreme Court may on its

own initiative deny the petitionon the ground that the appeal iswithout merit, or is prosecutedmanifestly for delay, or that thequestions raised therein are toounsubstantial to requireconsideration. (3a)

Section 6. Reviewdiscretionary . — A review is nota matter of right, but of sound

judicial discretion, and will begranted only when there arespecial and important reasonsthereof. The following, whileneither controlling nor fullymeasuring the court'sdiscretion, indicate thecharacter of the reasons whichwill be considered:

(a) When the court a quo hasdecided a question ofsubstance, not theretoforedetermined by the SupremeCourt, or has decided it in a wayprobably not in accord with lawor with the applicable decisionsof the Supreme Court; or

(b) When the court a quo has sofar departed from the accepted

and usual course of judicialproceedings, or so farsanctioned such departure by alower court, as to call for anexercise of the power ofsupervision. (4a)

Section 7. Pleadings anddocuments that may berequired ; sanctions . — Forpurposes of determiningwhether the petition should bedismissed or denied pursuant tosection 5 of this Rule, or wherethe petition is given due courseunder section 8 hereof, theSupreme Court may require orallow the filing of such



pleadings, briefs, memoranda ordocuments as it may deemnecessary within such periodsand under such conditions as itmay consider appropriate, and

impose the correspondingsanctions in case of non-filing orunauthorized filing of suchpleadings and documents ornon-compliance with theconditions therefor. (n)

Section 8. Due course ; elevation of records . — If thepetition is given due course, theSupreme Court may require theelevation of the complete recordof the case or specified partsthereof within fifteen (15) daysfrom notice. (2a)

Section 9. Rule applicable toboth civil and criminal cases . — The mode of appeal prescribedin this Rule shall be applicableto both civil and criminal cases,

except in criminal cases wherethe penalty imposed is death,reclusion perpetua or lifeimprisonment. (n)

RULE 46

Original Cases

Section 1. Title of cases .—

Inall cases originally filed in theCourt of Appeals, the partyinstituting the action shall becalled the petitioner and theopposing party the respondent.(1a)

Section 2. To what actionsapplicable . — This Rule shallapply to original actions for

certiorari , prohibition,mandamus and quo warranto .

Except as otherwise provided,the actions for annulment of

judgment shall be governed byRule 47, for certiorari ,

prohibition and mandamus byRule 65, and for quo warranto by Rule 66. (n)

Section 3. Contents and filing

of petition ; effect ofnoncompliance withrequirements . — The petitionshall contain the full names andactual addresses of all thepetitioners and respondents, aconcise statement of thematters involved, the factualbackground of the case, and thegrounds relied upon for therelief prayed for.

In actions filed under Rule 65,the petition shall furtherindicate the material datesshowing when notice of the

judgment or final order orresolution subject thereof wasreceived, when a motion fornew trial or reconsideration, ifany, was filed and when notice

of the denial thereof wasreceived.

It shall be filed in seven (7)clearly legible copies togetherwith proof of service thereof onthe respondent with the originalcopy intended for the courtindicated as such by thepetitioner, and shall beaccompanied by a clearly legible

duplicate original or certifiedtrue copy of the judgment,order, resolution, or rulingsubject thereof, such materialportions of the record as arereferred to therein, and otherdocuments relevant or pertinentthereto. The certification shallbe accomplished by the properclerk of court or by his duly

authorized representative, or bythe proper officer of the court,tribunal, agency or officeinvolved or by his dulyauthorized representative. Theother requisite number of copiesof the petition shall be



accompanied by clearly legibleplain copies of all documentsattached to the original.

The petitioner shall also submit

together with the petition asworn certification that he hasnot theretofore commenced anyother action involving the sameissues in the Supreme Court,the Court of Appeals or differentdivisions thereof, or any othertribunal or agency; if there issuch other action or proceeding,he must state the status of thesame; and if he shouldthereafter learn that a similaraction or proceeding has beenfiled or is pending before theSupreme Court, the Court ofAppeals, or different divisionsthereof, or any other tribunal oragency, he undertakes topromptly inform the aforesaidcourts and other tribunal oragency thereof within five (5)

days therefrom.

The petitioner shall pay thecorresponding docket and otherlawful fees to the clerk of courtand deposit the amount ofP500.00 for costs at the time ofthe filing of the petition.

The failure of the petitioner tocomply any of the requirements

shall be sufficient ground for thedismissal of the petition. (n; BarMatter No. 803, 21 July 1998)

Section 4. Jurisdiction over person of respondent , howacquired . — The court shallacquire jurisdiction over theperson of the respondent by theservice on him of its order orresolution indicating its initialaction on the petition or by hisvoluntary submission to such

jurisdiction. (n)

Section 5. Action by the court .— The court may dismiss thepetition outright with specific

reasons for such dismissal orrequire the respondent to file acomment on the same withinten (10) days from notice. Onlypleadings required by the court

shall be allowed. All otherpleadings and papers, may befiled only with leave of court.(n)

Section 6. Determination offactual issues . — Whenevernecessary to resolve factualissues, the court itself mayconduct hearings thereon ordelegate the reception of theevidence on such issue to any ofits members or to anappropriate court, agency oroffice. (n)

Section 7. Effect of failure tofile comment . — When nocomment is filed by any of therespondents, the case may bedecided on the basis of the

record, without prejudice to anydisciplinary action which thecourt may take against thedisobedient party. (n)

RULE 47

Annulment of Judgments ofFinal Orders and Resolutions

Section 1. Coverage . — ThisRule shall govern the annulmentby the Court of Appeals of

judgments or final orders andresolutions in civil actions ofRegional Trial Courts for whichthe ordinary remedies of newtrial, appeal, petition for reliefor other appropriate remediesare no longer available throughno fault of the petitioner. (n)

Section 2. Grounds forannulment . — The annulmentmay be based only on thegrounds of extrinsic fraud andlack of jurisdiction.



Extrinsic fraud shall not be avalid ground if it was availed of,or could have been availed of, ina motion for new trial or petitionfor relief. (n)

Section 3. Period for filingaction . — If based on extrinsicfraud, the action must be filedwithin four (4) years from itsdiscovery; and if based on lackof jurisdiction, before it isbarred by laches or estoppel.(n)

Section 4. Filing and contentsof petition . — The action shallbe commenced by filing averified petition alleging thereinwith particularity the facts andthe law relied upon forannulment, as well as thosesupporting the petitioner's goodand substantial cause of actionor defense, as the case may be.

The petition shall be filed inseven (7) clearly legible copies,together with sufficient copiescorresponding to the number ofrespondents. A certified truecopy of the judgment or finalorder or resolution shall beattached to the original copy ofthe petition intended for thecourt and indicated as such bythe petitioner.

The petitioner shall also submittogether with the petitionaffidavits of witnesses ordocuments supporting the causeof action or defense and asworn certification that he hasnot theretofore commenced anyother action involving the sameissues in the Supreme Court,the Court of Appeals or differentdivisions thereof, or any othertribunal or agency if there issuch other action or proceeding,he must state the status of thesame, and if he shouldthereafter learn that a similaraction or proceeding has been

filed or is pending before theSupreme Court, the Court ofAppeals, or different divisionsthereof, or any other tribunal oragency, he undertakes to

promptly inform the aforesaidcourts and other tribunal oragency thereof within five (5)days therefrom. (n)

Section 5. Action by the court .— Should the court find nosubstantial merit in the petition,the same may be dismissedoutright with specific reasons forsuch dismissal.

Should prima facie merit befound in the petition, the sameshall be given due course andsummons shall be served on therespondent. (n)

Section 6. Procedure . — Theprocedure in ordinary civil casesshall be observed. Should trialbe necessary, the reception ofthe evidence may be referred toa member of the court or a

judge of a Regional Trial Court.(n)

Section 7. Effect of judgment .— A judgment of annulmentshall set aside the questioned

judgment or final order orresolution and render the same

null and void, without prejudiceto the original action beingrefiled in the proper court.However, where the judgmentor final order or resolution is setaside on the ground of extrinsicfraud, the court may on motionorder the trial court to try thecase as if a timely motion fornew trial had been grantedtherein. (n)

Section 8. Suspension prescriptive period . — Theprescriptive period for therefiling of the aforesaid originalaction shall be deemedsuspended from the filing of



such original action until thefinality of the judgment ofannulment. However, theprescriptive period shall not besuspended where the extrinsic-

fraud is attributable to theplaintiff in the original action.(n)

Section 9. Relief available . — The judgment of annulmentmay include the award ofdamages, attorney's fees andother relief.

If the questioned judgment orfinal order or resolution hadalready been executed the courtmay issue such orders ofrestitution or other relief as

justice and equity may warrantunder the circumstances. (n)

Section 10. Annulment of judgments or final orders ofMunicipal Trial Courts . — Anaction to annul a judgment orfinal order of a Municipal TrialCourt shall be filed in theRegional Trial Court having

jurisdiction over the former. Itshall be treated as an ordinarycivil action and sections 2, 3, 4,7, 8 and 9 of this Rule shall beapplicable thereto. (n)

RULE 48

Preliminary Conference

Section 1. Preliminaryconference . — At any timeduring the pendency of a case,the court may call the partiesand their counsel to apreliminary conference.

(a) To consider the possibility ofan amicable settlement, exceptwhen the case is not allowed bylaw to be compromised

(b) To define, simplify and

clarify the issues fordetermination;

(c) To formulate stipulations offacts and admissions of

documentary exhibits, limit thenumber of witnesses to bepresented in cases falling withinthe original jurisdiction of thecourt, or those within itsappellate jurisdiction where amotion for new trial is grantedon the ground of newlydiscovered evidence; and

(d) To take up such othermatters which may aid the courtin the prompt disposition of thecase. (Rule 7, CA InternalRules) (n)

Section 2. Record of theconference . — The proceedingsat such conference shall berecorded and, upon theconclusion thereof, a resolutionshall be issued embodying allthe actions taken therein, thestipulations and admissionsmade and the issues defined.(n)

Section 3. Binding effect of theresults of the conference . — Subject to such modificationswhich may be made to preventmanifest injustice, the

resolution in the precedingsection shall control thesubsequent proceedings in thecase unless, within five (5) daysfrom notice thereof, any partyshall satisfactorily show validcause why the same should notbe followed. (n)

RULE 49

Oral Argument

Section 1. When allowed . — Atits own instance or upon motionof a party, the court may hear



the parties in oral argument onthe merits of a case, or on anymaterial incident in connectiontherewith. (n)

The oral argument shall belimited to such matters as thecourt may specify in its order orresolution. (1a, R48)

Section 2. Conduct of oralargument . — Unless authorizedby the court, only one counselmay argue for a party. Theduration allowed for each party,the sequence of theargumentation, and all otherrelated matters shall be asdirected by the court. (n)

Section 3. No hearing or oralargument for motions . — Motions shall not be set forhearing and, unless the courtotherwise directs, no hearing ororal argument shall be allowedin support thereof. The adverseparty may file objections to themotion within five (5) days fromservice, upon the expiration ofwhich such motion shall bedeemed submitted forresolution. (29, R49)

RULE 50

Dismissal of Appeal

Section 1. Grounds fordismissal of appeal . — Anappeal may be dismissed by theCourt of Appeals, on its ownmotion or on that of theappellee, on the followinggrounds:

(a) Failure of the record onappeal to show on its face thatthe appeal was taken within theperiod fixed by these Rules;

(b) Failure to file the notice ofappeal or the record on appeal

within the period prescribed bythese Rules;

(c) Failure of the appellant topay the docket and other lawful

fees as provided in section 5,Rule 40 and section 4 of Rule41; (Bar Matter No. 803, 17February 1998)

(d) Unauthorized alterations,omissions or additions in theapproved record on appeal asprovided in section 4 of Rule 44;

(e) Failure of the appellant to

serve and file the requirednumber of copies of his brief ormemorandum within the timeprovided by these Rules;

(f) Absence of specificassignment of errors in theappellant's brief, or of pagereferences to the record asrequired in section 13,paragraphs (a), (c), (d) and (f)of Rule 44;

(g) Failure of the appellant totake the necessary steps for thecorrection or completion of therecord within the time limited bythe court in its order;

(h) Failure of the appellant toappear at the preliminaryconference under Rule 48 or tocomply with orders, circulars, ordirectives of the court without

justifiable cause; and

(i) The fact that the order or judgment appealed from is notappealable. (1a)

Section 2. Dismissal ofimproper appeal to the Court of

Appeals .—

An appeal underRule 41 taken from the RegionalTrial Court to the Court ofAppeals raising only questionsof law shall be dismissed, issuespurely of law not beingreviewable by said court.



Similarly, an appeal by notice ofappeal instead of by petition forreview from the appellate

judgment of a Regional TrialCourt shall be dismissed. (n)

An appeal erroneously taken tothe Court of Appeals shall notbe transferred to theappropriate court but shall bedismissed outright. (3a)

Section 3. Withdrawal ofappeal . — An appeal may bewithdrawn as of right at anytime before the filing of theappellee's brief. Thereafter, thewithdrawal may be allowed inthe discretion of the court. (4a)

RULE 51

Judgment

Section 1. When case deemedsubmitted for judgment . — Acase shall be deemed submittedfor judgment:

A. In ordinary appeals. —

1) Where no hearing on themerits of the main case is held,upon the filing of the lastpleading, brief, or memorandumrequired by the Rules or by thecourt itself, or the expiration ofthe period for its filing.

2) Where such a hearing is held,upon its termination or upon thefiling of the last pleading ormemorandum as may berequired or permitted to be filedby the court, or the expirationof the period for its filing.

B. In original actions andpetitions for review. —

1) Where no comment is filed,upon the expiration of theperiod to comment.

2) Where no hearing is held,upon the filing of the lastpleading required or permittedto be filed by the court, or theexpiration of the period for its

filing.

3) Where a hearing on themerits of the main case is held,upon its termination or upon thefiling of the last pleading ormemorandum as may berequired or permitted to be filedby the court, or the expirationof the period for its filing. (n)

Section 2. By whom rendered .— The judgment shall berendered by the members of thecourt who participated in thedeliberation on the merits of thecase before its assignment to amember for the writing of thedecision. (n)

Section 3. Quorum and votingin the court . — The participationof all three Justices of a divisionshall be necessary at thedeliberation and the unanimousvote of the three Justices shallbe required for thepronouncement of a judgmentor final resolution. If the three

justices do not reach aunanimous vote, the clerk shallenter the votes of the dissenting

Justices in the record.Thereafter, the Chairman of thedivision shall refer the case,together with the minutes of thedeliberation, to the PresidingJustice who shall designate twoJustices chosen by raffle fromamong all the other members ofthe court to sit temporarily withthem, forming a special division

of five Justices. Theparticipation of all the fivemembers of the special divisionshall be necessary for thedeliberation required in section2 of this Rule and theconcurrence of a majority of



such division shall be requiredfor the pronouncement of a

judgment or final resolution.(2a)

Section 4. Disposition of acase . — The Court of Appeals, inthe exercise of its appellate

jurisdiction, may affirm,reverse, or modify the judgmentor final order appealed from,and may direct a new trial orfurther proceedings to be had.(3a)

Section 5. Form of decision . — Every decision or final resolutionof the court in appealed casesshall clearly and distinctly statethe findings of fact and theconclusions of law on which it isbased, which may be containedin the decision or final resolutionitself, or adopted from those setforth in the decision, order, orresolution appealed from. (Sec.

40, BP Blg. 129) (n)Section 6. Harmless error . — No error in either the admissionor the exclusion of evidence andno error or defect in any rulingor order or in anything done oromitted by the trial court or byany of the parties is ground forgranting a new trial or forsetting aside, modifying, or

otherwise disturbing a judgmentor order, unless refusal to takesuch action appears to the courtinconsistent with substantial

justice. The court at every stageof the proceeding mustdisregard any error or defectwhich does not affect thesubstantial rights of the parties.(5a)

Section 7. Judgment wherethere are several parties . — Inall actions or proceedings, anappealed judgment may beaffirmed as to some of theappellants, and reversed as toothers, and the case shall

thereafter be proceeded with, sofar as necessary, as if separateactions had been begun andprosecuted, and execution ofthe judgment of affirmance may

be had accordingly, and costsmay be adjudged in such cases,as the court shall deem proper.(6)

Section 8. Questions that maybe decided . — No error whichdoes not affect the jurisdictionover the subject matter or thevalidity of the judgmentappealed from or theproceedings therein will beconsidered unless stated in theassignment of errors, or closelyrelated to or dependent on anassigned error and properlyargued in the brief, save as thecourt may pass upon plainerrors and clerical errors. (7a)

Section 9. Promulgation and

notice of judgment .—

After the judgment or final resolution anddissenting or separate opinions,if any, are signed by theJustices taking part, they shallbe delivered for filing to theclerk who shall indicate thereonthe date of promulgation andcause true copies thereof to beserved upon the parties or theircounsel. (n)

Section 10. Entry of judgmentsand final resolutions . — If noappeal or motion for new trial orreconsideration is filed withinthe time provided in theseRules, the judgment or finalresolution shall forthwith beentered by the clerk in the bookof entries of judgments. The

date when the judgment or finalresolution becomes executoryshall be deemed as the date ofits entry. The record shallcontain the dispositive part ofthe judgment or final resolutionand shall be signed by the clerk,



with a certificate that such judgment or final resolution hasbecome final and executory.(2a, R36)

Section 11. Execution of judgment . — Except where the judgment or final order orresolution, or a portion thereof,is ordered to be immediatelyexecutory, the motion for itsexecution may only be filed inthe proper court after its entry.

In original actions in the Courtof Appeals, its writ of executionshall be accompanied by acertified true copy of the entryof judgment or final resolutionand addressed to anyappropriate officer for itsenforcement.

In appealed cases, where themotion for execution pendingappeal is filed in the Court ofAppeals at a time that it is inpossession of the original recordor the record on appeal, theresolution granting such motionshall be transmitted to the lowercourt from which the caseoriginated, together with acertified true copy of the

judgment or final order to beexecuted, with a directive forsuch court of origin to issue the

proper writ for its enforcement.(n)

RULE 52

Motion for Reconsideration

Section 1. Period for filing . — Aparty may file a motion for

reconsideration of a judgmentor final resolution within fifteen(15) days from notice thereof,with proof of service on theadverse party. (n)

Section 2. Second motion for

reconsideration . — No secondmotion for reconsideration of a

judgment or final resolution bythe same party shall beentertained. (n)

Section 3. Resolution ofmotion . — In the Court ofAppeals, a motion forreconsideration shall beresolved within ninety (90) daysfrom the date when the courtdeclares it submitted forresolution. (n)

Section 4. Stay of execution . — The pendency of a motion forreconsideration filed on timeand by the proper party shallstay the execution of the

judgment or final resolutionsought to be reconsideredunless the court, for goodreasons, shall otherwise direct.(n)

RULE 53

New Trial

Section 1. Period for filing ;ground . — At any time after theappeal from the lower court hasbeen perfected and before theCourt of Appeals loses

jurisdiction over the case, aparty may file a motion for anew trial on the ground of newlydiscovered evidence which couldnot have been discovered priorto the trial in the court below bythe exercise of due diligenceand which is of such a characteras would probably change theresult. The motion shall beaccompanied by affidavitsshowing the facts constitutingthe grounds therefor and thenewly discovered evidence. (1a)

Section 2. Hearing and order .— The Court of Appeals shallconsider the new evidence



together with that adduced atthe trial below, and may grantor refuse a new trial, or maymake such order, with notice toboth parties, as to the taking of

further testimony, either orallyin court, or by depositions, orrender such other judgment asought to be rendered upon suchterms as it may deem just. (2a)

Section 3. Resolution ofmotion . — In the Court ofAppeals, a motion for new trialshall be resolved within ninety(90) days from the date whenthe court declares it submittedfor resolution. (n)

Section 4. Procedure in newtrial . — Unless the courtotherwise directs, the procedurein the new trial shall be thesame as that granted by aRegional Trial Court. (3a)

RULE 54

Internal Business

Section 1. Distribution of casesamong divisions . — All the casesof the Court of Appeals shall beallotted among the differentdivisions thereof for hearing and

decision. The Court of Appeals,sitting en banc , shall makeproper orders or rules to governthe allotment of cases amongthe different divisions, theconstitution of such divisions,the regular rotation of Justicesamong them, the filing ofvacancies occurring therein, andother matters relating to thebusiness of the court; and suchrules shall continue in force untilrepealed or altered by theSupreme Court. (1a)

Section 2. Quorum of thecourt . — A majority of theactual members of the court

shall constitute a quorum for itssessions en banc . Threemembers shall constitute a quorum for the sessions of adivision. The affirmative votes

of the majority of the memberspresent shall be necessary topass a resolution of the court enbanc . The affirmative votes ofthree members of a divisionshall be necessary for thepronouncement of a judgmentor final resolution, which shallbe reached in consultationbefore the writing of the opinionby any member of the division.(Sec. 11, first par. of BP Blg.129, as amended by Sec. 6 ofEO 33). (3a)

RULE 55

Publications of Judgmentsand Final Resolutions

Section 1. Publication . — The judgments and final resolutionsof the court shall be publishedin the Official Gazette and in theReports officially authorized bythe court in the language inwhich they have been originallywritten, together with the syllabitherefor prepared by thereporter in consultation with the

writers thereof. Memoranda ofall other judgments and finalresolutions not so publishedshall be made by the reporterand published in the OfficialGazette and the authorizedreports. (1a)

Section 2. Preparation ofopinions for publication . — Thereporter shall prepare andpublish with each reported

judgment and final resolution aconcise synopsis of the factsnecessary for a clearunderstanding of the case, thenames of counsel, the materialand controverted points



involved, the authorities citedtherein, and a syllabus whichshall be confined to points oflaw. (Sec. 22a, R.A. No. 296)(n)

Section 3. General make-up ofvolumes . — The publisheddecisions and final resolutions ofthe Supreme Court shall becalled "Philippine Reports," whilethose of the Court of Appealsshall be known as the "Court ofAppeals Reports." Each volumethereof shall contain a table ofthe cases reported and thecases cited in the opinions, witha complete alphabetical index ofthe subject matters of thevolume. It shall consist of notless than seven hundred pagesprinted upon good paper, wellbound and numberedconsecutively in the order of thevolumes published. (Sec. 23a,R.A. No. 296) (n)

Procedure In The SupremeCourt

RULE 56

A. Original Cases

Section 1. Original casescognizable . — Only petitions forcertiorari , prohibition,mandamus , quo warranto ,habeas corpus , disciplinaryproceedings against members ofthe judiciary and attorneys, andcases affecting ambassadors,other public ministers andconsuls may be filed originally in

the Supreme Court. (n)

Section 2. Rules applicable . — The procedure in original casesfor certiorari , prohibition,mandamus , quo warranto andhabeas corpus shall be in

accordance with the applicableprovisions of the Constitution,laws, and Rules 46, 48, 49, 51,52 and this Rule, subject to thefollowing provisions:

a) All references in said Rules tothe Court of Appeals shall beunderstood to also apply to theSupreme Court;

b) The portions of said Rulesdealing strictly with andspecifically intended forappealed cases in the Court ofAppeals shall not be applicable;and

c) Eighteen (18) clearly legiblecopies of the petition shall befiled, together with proof ofservice on all adverse parties.

The proceedings for disciplinaryaction against members of the

judiciary shall be governed bythe laws and Rules prescribedtherefor, and those againstattorneys by Rules 139-B, asamended. (n)

B. Appealed Cases

Section 3. Mode of appeal . — An appeal to the Supreme Courtmay be taken only by a petitionfor review on certiorari , exceptin criminal cases where thepenalty imposed is death,reclusion perpetua or lifeimprisonment. (n)

Section 4. Procedure . — Theappeal shall be governed by anddisposed of in accordance withthe applicable provisions of theConstitution, laws, Rules 45, 48,sections 1, 2, and 5 to 11 of

Rule 51, 52 and this Rule. (n)

Section 5. Grounds fordismissal of appeal . — Theappeal may be dismissed motu

proprio or on motion of therespondent on the following



grounds:

(a) Failure to take the appealwithin the reglementary period;

(b) Lack of merit in the petition;(c) Failure to pay the requisitedocket fee and other lawful feesor to make a deposit for costs;

(d) Failure to comply with therequirements regarding proof ofservice and contents of and thedocuments which shouldaccompany the petition;

(e) Failure to comply with anycircular, directive or order of theSupreme Court without

justifiable cause;

(f) Error in the choice or modeof appeal; and

(g) The fact that the case is notappealable to the Supreme

Court. (n)Section 6. Disposition ofimproper appeal . — Except asprovided in section 3, Rule 122regarding appeals in criminalcases where the penaltyimposed is death, reclusion

perpetua or life imprisonment,an appeal taken to the SupremeCourt by notice of appeal shallbe dismissed.

An appeal by certiorari taken tothe Supreme Court from theRegional Trial Court submittingissues of fact may be referred tothe Court of Appeals for decisionor appropriate action. Thedetermination of the SupremeCourt on whether or not issuesof fact are involved shall befinal. (n)

Section 7. Procedure if opinionis equally divided . — Where thecourt en banc is equally dividedin opinion, or the necessarymajority cannot be had, the

case shall again be deliberatedon, and if after such deliberationno decision is reached, theoriginal action commenced inthe court shall be dismissed, in

appealed cases, the judgmentor order appealed from shallstand affirmed; and on allincidental matters, the petitionor motion shall be denied.

Provisional Remedies

RULE 57

Preliminary Attachment

Section 1. Grounds upon whichattachment may issue . — At thecommencement of the action orat any time before entry of

judgment, a plaintiff or anyproper party may have theproperty of the adverse partyattached as security for thesatisfaction of any judgmentthat may be recovered in thefollowing cases:

(a) In an action for the recoveryof a specified amount of moneyor damages, other than moraland exemplary, on a cause of

action arising from law,contract, quasi-contract, delictor quasi-delict against a partywho is about to depart from thePhilippines with intent todefraud his creditors;

(b) In an action for money orproperty embezzled orfraudulently misapplied orconverted to his own use by a

public officer, or an officer of acorporation, or an attorney,factor, broker, agent, or clerk,in the course of his employmentas such, or by any other personin a fiduciary capacity, or for awillful violation of duty;



(c) In an action to recover thepossession of property unjustlyor fraudulently taken, detainedor converted, when theproperty, or any part thereof,

has been concealed, removed,or disposed of to prevent itsbeing found or taken by theapplicant or an authorizedperson;

(d) In an action against a partywho has been guilty of a fraudin contracting the debt orincurring the obligation uponwhich the action is brought, orin the performance thereof;

(e) In an action against a partywho has removed or disposed ofhis property, or is about to doso, with intent to defraud hiscreditors; or

(f) In an action against a partywho does not reside and is notfound in the Philippines, or onwhom summons may be servedby publication. (1a)

Section 2. Issuance andcontents of order . — An order ofattachment may be issuedeither ex parte or upon motionwith notice and hearing by thecourt in which the action ispending, or by the Court of

Appeals or the Supreme Court,and must require the sheriff ofthe court to attach so much ofthe property in the Philippines ofthe party against whom it isissued, not exempt fromexecution, as may be sufficientto satisfy the applicant'sdemand, unless such partymakes deposit or gives a bondas hereinafter provided in anamount equal to that fixed inthe order, which may be theamount sufficient to satisfy theapplicant's demand or the valueof the property to be attachedas stated by the applicant,exclusive of costs. Several writs

may be issued at the same timeto the sheriffs of the courts ofdifferent judicial regions. (2a)

Section 3. Affidavit and bond

required . — An order ofattachment shall be grantedonly when it appears by theaffidavit of the applicant, or ofsome other person whopersonally knows the facts, thata sufficient cause of actionexists, that the case is one ofthose mentioned in section 1hereof, that there is no othersufficient security for the claimsought to be enforced by theaction, and that the amount dueto the applicant, or the value ofthe property the possession ofwhich he is entitled to recover,is as much as the sum for whichthe order is granted above alllegal counterclaims. Theaffidavit, and the bond requiredby the next succeeding section,

must be duly filed with the courtbefore the order issues. (3a)

Section 4. Condition ofapplicant's bond . — The partyapplying for the order mustthereafter give a bond executedto the adverse party in theamount fixed by the court in itsorder granting the issuance ofthe writ, conditioned that thelatter will pay all the costs whichmay be adjudged to the adverseparty and all damages which hemay sustain by reason of theattachment, if the court shallfinally adjudge that theapplicant was not entitledthereto. (4a)

Section 5. Manner of attaching

property .—

The sheriffenforcing the writ shall withoutdelay and with all reasonablediligence attach, to await

judgment and execution in theaction, only so much of theproperty in the Philippines of the



party against whom the writ isissued, not exempt fromexecution, as may be sufficientto satisfy the applicant'sdemand, unless the former

makes a deposit with the courtfrom which the writ is issued, orgives a counter-bond executedto the applicant, in an amountequal to the bond fixed by thecourt in the order of attachmentor to the value of the propertyto be attached, exclusive ofcosts. No levy on attachmentpursuant to the writ issuedunder section 2 hereof shall beenforced unless it is preceded,or contemporaneouslyaccompanied, by service ofsummons, together with a copyof the complaint, the applicationfor attachment the applicant'saffidavit and bond, and theorder and writ of attachment,on the defendant within thePhilippines.

The requirement of prior orcontemporaneous service ofsummons shall not apply wherethe summons could not beserved personally or bysubstituted service despitediligent efforts, or the defendantis a resident of the Philippinestemporarily absent therefrom,or the defendant is a non-resident of the Philippines, orthe action is one in rem or quasiin rem . (5a)

Section 6. Sheriff's return . — After enforcing the writ, thesheriff must likewise withoutdelay make a return thereon tothe court from which the writissued, with a full statement of

his proceedings under the writand a complete inventory of theproperty attached, together withany counter-bond given by theparty against whom attachmentis issued, and serve copiesthereof on the applicant. (6a)

Section 7. Attachment of realand personal property ;recording thereof. — Real andpersonal property shall beattached by the sheriff

executing the writ in thefollowing manner:

(a) Real property, or growingcrops thereon, or any interesttherein, standing upon therecord of the registry of deedsof the province in the name ofthe party against whomattachment is issued, or notappearing at all upon suchrecords, or belonging to theparty against whom attachmentis issued and held by any otherperson, or standing on therecords of the registry of deedsin the name of any otherperson, by filing with theregistry of deeds a copy of theorder, together with adescription of the property

attached, and a notice that it isattached, or that such realproperty and any interesttherein held by or standing inthe name of such other personare attached, and by leaving acopy of such order, description,and notice with the occupant ofthe property, if any, or withsuch other person or his agent iffound within the province.Where the property has beenbrought under the operation ofeither the Land Registration Actor the Property RegistrationDecree, the notice shall containa reference to the number ofthe certificate of title, thevolume and page in theregistration book where thecertificate is registered, and the

registered owner or ownersthereof.

The registrar of deeds mustindex attachments filed underthis section in the names of theapplicant, the adverse party, or



the person by whom theproperty is held or in whosename it stands in the records. Ifthe attachment is not claimedon the entire area of the land

covered by the certificate oftitle, a description sufficientlyaccurate for the identification ofthe land or interest to beaffected shall be included in theregistration of such attachment;

(b) Personal property capable ofmanual delivery, by taking andsafely keeping it in his custody,after issuing the correspondingreceipt therefor.

(c) Stocks or shares, or aninterest in stocks or shares, ofany corporation or company, byleaving with the president ormanaging agent thereof, a copyof the writ, and a notice statingthat the stock or interest of theparty against whom the

attachment is issued is attachedin pursuance of such writ;

(d) Debts and credits, includingbank deposits, financial interest,royalties, commissions andother personal property notcapable of manual delivery, byleaving with the person owingsuch debts, or having in hispossession or under his control,

such credits or other personalproperty, or with his agent, acopy of the writ, and notice thatthe debts owing by him to theparty against whom attachmentis issued, and the credits andother personal property in hispossession, or under his control,belonging to said party, areattached in pursuance of such

writ;(e) The interest of the partyagainst whom attachment isissued in property belonging tothe estate of the decedent,whether as heir, legatee, ordevisee, by serving the executor

or administrator or otherpersonal representative of thedecedent with a copy of the writand notice that said interest isattached. A copy of said writ of

attachment and of said noticeshall also be filed in the office ofthe clerk of the court in whichsaid estate is being settled andserved upon the heir, legatee ordevisee concerned.

If the property sought to beattached is in custodia legis , acopy of the writ of attachmentshall be filed with the propercourt or quasi-judicial agency,and notice of the attachmentserved upon the custodian ofsuch property. (7a)

Section 8. Effect of attachmentof debts , credits and all othersimilar personal property . — Allpersons having in theirpossession or under their

control any credits or othersimilar personal propertybelonging to the party againstwhom attachment is issued, orowing any debts to him, at thetime of service upon them ofthe copy of the writ ofattachment and notice asprovided in the last precedingsection, shall be liable to theapplicant for the amount of suchcredits, debts or other similarpersonal property, until theattachment is discharged, orany judgment recovered by himis satisfied, unless such propertyis delivered or transferred, orsuch debts are paid, to theclerk, sheriff, or other properofficer of the court issuing theattachment. (8a)

Section 9. Effect of attachmentof interests in propertybelonging to the estate of adecedent . — The attachment ofthe interest of an heir, legatee,or devisee in the property



belonging to the estate of adecedent shall not impair thepowers of the executor,administrator, or other personalrepresentative of the decedent

over such property for thepurpose of administration. Suchpersonal representative,however, shall report theattachment to the court whenany petition for distribution isfiled, and in the order madeupon such petition, distributionmay be awarded to such heir,legatee or devisee, but theproperty attached shall beordered delivered to the sheriffmaking the levy, subject to theclaim of such heir, legatee, ordevisee, or any person claimingunder him. (9a)

Section 10. Examination of party whose property isattached and persons indebtedto him or controlling his

property ; delivery of property tosheriff. — Any person owingdebts to the party whoseproperty is attached or having inhis possession or under hiscontrol any credit or otherpersonal property belonging tosuch party, may be required toattend before the court in whichthe action is pending, or beforea commissioner appointed bythe court, and be examined onoath respecting the same. Theparty whose property isattached may also be requiredto attend for the purpose ofgiving information respecting hisproperty, and may be examinedon oath. The court may, aftersuch examination, orderpersonal property capable of

manual delivery belonging tohim, in the possession of theperson so required to attendbefore the court, to be deliveredto the clerk of the court orsheriff on such terms as may be

just, having reference to any

lien thereon or claim against thesame, to await the judgment inthe action. (10a)

Section 11. When attached

property may be sold after levyon attachment and before entryof judgment . — Whenever itshall be made to appear to thecourt in which the action ispending, upon hearing withnotice to both parties, that theproperty attached is perishable,or that the interests of all theparties to the action will besubserved by the sale thereof,the court may order suchproperty to be sold at publicauction in such manner as itmay direct, and the proceeds ofsuch sale to be deposited incourt to abide the judgment inthe action. (11a)

Section 12. Discharge ofattachment upon giving

counter-bond .—

After a writ ofattachment has been enforced,the party whose property hasbeen attached, or the personappearing on his behalf, maymove for the discharge of theattachment wholly or in part onthe security given. The courtshall, after due notice andhearing, order the discharge ofthe attachment if the movantmakes a cash deposit, or files acounter-bond executed to theattaching party with the clerk ofthe court where the applicationis made, in an amount equal tothat fixed by the court in theorder of attachment, exclusiveof costs. But if the attachment issought to be discharged withrespect to a particular property,

the counter-bond shall be equalto the value of that property asdetermined by the court. Ineither case, the cash deposit orthe counter-bond shall securethe payment of any judgmentthat the attaching party may



recover in the action. A notice ofthe deposit shall forthwith beserved on the attaching party.Upon the discharge of anattachment in accordance with

the provisions of this section,the property attached, or theproceeds of any sale thereof,shall be delivered to the partymaking the deposit or giving thecounter-bond, or to the personappearing on his behalf, thedeposit or counter-bondaforesaid standing in place ofthe property so released. Shouldsuch counter-bond for anyreason be found to be orbecome insufficient, and theparty furnishing the same fail tofile an additional counter-bond,the attaching party may applyfor a new order of attachment.(12a)

Section 13. Discharge ofattachment on other grounds . —

The party whose property hasbeen ordered attached may filea motion with the court in whichhe action is pending, before orafter levy or even after therelease of the attachedproperty, for an order to setaside or discharge theattachment on the ground thatthe same was improperly orirregularly issued or enforced,or that the bond is insufficient.If the attachment is excessive,the discharge shall be limited tothe excess. If the motion bemade on affidavits on the partof the movant but nototherwise, the attaching partymay oppose the motion bycounter-affidavits or otherevidence in addition to that on

which the attachment wasmade. After due notice andhearing, the court shall orderthe setting aside or thecorresponding discharge of theattachment if it appears that itwas improperly or irregularly

issued or enforced, or that thebond is insufficient, or that theattachment is excessive, andthe defect is not curedforthwith. (13a)

Section 14. Proceedings where property claimed by third person . — If the propertyattached is claimed by anyperson other than the partyagainst whom attachment hadbeen issued or his agent, andsuch person makes an affidavitof his title thereto, or right tothe possession thereof, statingthe grounds of such right ortitle, and serves such affidavitupon the sheriff while the latterhas possession of the attachedproperty, and a copy thereofupon the attaching party, thesheriff shall not be bound tokeep the property underattachment, unless theattaching party or his agent, on

demand of the sheriff, shall filea bond approved by the court toindemnify the third-partyclaimant in a sum not less thanthe value of the property leviedupon. In case of disagreementas to such value, the same shallbe decided by the court issuingthe writ of attachment. No claimfor damages for the taking orkeeping of the property may beenforced against the bondunless the action therefor isfiled within one hundred twenty(120) days from the date of thefiling of the bond.

The sheriff shall not be liable fordamages for the taking orkeeping of such property to anysuch third-party claimant, if

such bond shall be filed. Nothingherein contained shall preventsuch claimant or any thirdperson from vindicating hisclaim to the property, orprevent the attaching partyfrom claiming damages against



a third-party claimant who fileda frivolous or plainly spuriousclaim, in the same or a separateaction.

When the writ of attachment isissued in favor of the Republicof the Philippines, or any officerduly representing it, the filing ofsuch bond shall not be required,and in case the sheriff is suedfor damages as a result of theattachment, he shall berepresented by the SolicitorGeneral, and if held liabletherefor, the actual damagesadjudged by the court shall bepaid by the National Treasurerout of the funds to beappropriated for the purpose.(14a)

Section 15. Satisfaction of judgment out of propertyattached , return of sheriff. — If

judgment be recovered by the

attaching party and executionissue thereon, the sheriff maycause the judgment to besatisfied out of the propertyattached, if it be sufficient forthat purpose in the followingmanner:

(a) By paying to the judgmentobligee the proceeds of all salesof perishable or other property

sold in pursuance of the order ofthe court, or so much as shallbe necessary to satisfy the

judgment;

(b) If any balance remains due,by selling so much of theproperty, real or personal, asmay be necessary to satisfy thebalance, if enough for thatpurpose remain in the sheriff'shands, or in those the clerk ofthe court;

(c) By collecting from allpersons having in theirpossession credits belonging tothe judgment obligor, or owing

debts to the latter at the time ofthe attachment of such creditsor debts, the amount of suchcredits and debts as determinedby the court in the action, and

stated in the judgment, andpaying the proceeds of suchcollection over to the judgmentobligee.

The sheriff shall forthwith makea return in writing to the courtof his proceedings under thissection and furnish the partieswith copies thereof. (15a)

Section 16. Balance duecollected upon an execution ;excess delivered to judgmentobligor . — If after realizing uponall the property attached,including the proceeds of anydebts or credits collected, andapplying the proceeds to thesatisfaction of the judgment lessthe expenses of proceedings

upon the judgment any balanceshall remain due, the sheriffmust proceed to collect suchbalance as upon ordinaryexecution. Whenever the

judgment shall have been paid,the sheriff, upon reasonabledemand, must return to the

judgment obligor the attachedproperty remaining in his hands,and any proceeds of the sale ofthe property attached notapplied to the judgment. (16a)

Section 17. Recovery upon thecounter-bond . — When the

judgment has becomeexecutory, the surety orsureties on any counter-bondgiven pursuant to the provisionsof this Rule to secure the

payment of the judgment shallbecome charged on suchcounter-bond and bound to paythe judgment obligee upondemand the amount due underthe judgment, which amountmay be recovered from such



surety or sureties after noticeand summary hearing in thesame action. (17a)

Section 18. Disposition of

money deposited . — Where theparty against whom attachmenthad been issued has depositedmoney instead of givingcounter-bond, it shall be appliedunder the direction of the courtto the satisfaction of any

judgment rendered in favor ofthe attaching party, and aftersatisfying the judgment thebalance shall be refunded to thedepositor or his assignee. If the

judgment is in favor of the partyagainst whom attachment wasissued, the whole sum depositedmust be refunded to him or hisassignee. (18a)

Section 19. Disposition ofattached property where

judgment is for party against

whom attachment was issued .— If judgment be renderedagainst the attaching party, allthe proceeds of sales andmoney collected or received bythe sheriff, under the order ofattachment, and all propertyattached remaining in any suchofficer's hands, shall bedelivered to the party againstwhom attachment was issued,and the order of attachmentdischarged. (19a)

Section 20. Claim for damageson account of improper ,irregular or excessiveattachment . — An applicationfor damages on account ofimproper, irregular or excessiveattachment must be filed before

the trial or before appeal isperfected or before the judgment becomes executory,with due notice to the attachingparty and his surety or suretiessetting forth the facts showinghis right to damages and the

amount thereof. Such damagesmay be awarded only afterproper hearing and shall beincluded in the judgment on themain case.

If the judgment of the appellatecourt be favorable to the partyagainst whom the attachmentwas issued he must claimdamages sustained during thependency of the appeal by filingan application in the appellatecourt, with notice to the party inwhose favor the attachment wasissued or his surety or sureties,before the judgment of theappellate court becomesexecutory. The appellate courtmay allow the application to beheard and decided by the trialcourt.

Nothing herein contained shallprevent the party against whomthe attachment was issued from

recovering in the same actionthe damages awarded to himfrom any property of theattaching party not exempt fromexecution should the bond ordeposit given by the latter beinsufficient or fail to fully satisfythe award. (20a)

RULE 58

Preliminary Injunction

Section 1. Preliminaryinjunction defined ; classes . — Apreliminary injunction is anorder granted at any stage of anaction or proceeding prior to the

judgment or final order,requiring a party or a court,agency or a person to refrainfrom a particular act or acts. Itmay also require theperformance of a particular actor acts, in which case it shall beknown as a preliminarymandatory injunction. (1a)



Section 2. Who may grant preliminary injunction . — Apreliminary injunction may begranted by the court where theaction or proceeding is pending.

If the action or proceeding ispending in the Court of Appealsor in the Supreme Court, it maybe issued by said court or anymember thereof. (2a)

Section 3. Grounds forissuance of preliminaryinjunction . — A preliminaryinjunction may be granted whenit is established:

(a) That the applicant is entitledto the relief demanded, and the

whole or part of such reliefconsists in restraining the

commission or continuance ofthe act or acts complained of, orin requiring the performance of

an act or acts either for alimited period or perpetually;

(b) That the commission,continuance or non-performanceof the act or acts complained of

during the litigation wouldprobably work injustice to the

applicant; or

(c) That a party, court, agencyor a person is doing,

threatening, or is attempting to

do, or is procuring or sufferingto be done some act or actsprobably in violation of the

rights of the applicantrespecting the subject of the

action or proceeding, andtending to render the judgment

ineffectual. (3a)

Section 4. Verified applicationand bond for preliminaryinjunction or temporaryrestraining order . — Apreliminary injunction ortemporary restraining ordermay be granted only when:

(a) The application in the action

or proceeding is verified, andshows facts entitling theapplicant to the reliefdemanded; and

(b) Unless exempted by thecourt the applicant files with thecourt where the action orproceeding is pending, a bondexecuted to the party or personenjoined, in an amount to befixed by the court, to the effectthat the applicant will pay tosuch party or person alldamages which he may sustainby reason of the injunction ortemporary restraining order ifthe court should finally decidethat the applicant was notentitled thereto. Upon approvalof the requisite bond, a writ ofpreliminary injunction shall beissued. (4a)

(c) When an application for awrit of preliminary injunction or

a temporary restraining order isincluded in a complaint or anyinitiatory pleading, the case, iffiled in a multiple-sala court,shall be raffled only after noticeto and in the presence of theadverse party or the person tobe enjoined. In any event, suchnotice shall be preceded, orcontemporaneouslyaccompanied, by service ofsummons, together with a copyof the complaint or initiatorypleading and the applicant'saffidavit and bond, upon theadverse party in the Philippines.

However, where the summonscould not be served personallyor by substituted service despitediligent efforts, or the adverse

party is a resident of thePhilippines temporarily absenttherefrom or is a nonresidentthereof, the requirement of prioror contemporaneous service ofsummons shall not apply.

(d) The application for a



temporary restraining ordershall thereafter be acted upononly after all parties are heardin a summary hearing whichshall be conducted within

twenty-four (24) hours after thesheriff's return of service and/orthe records are received by thebranch selected by raffle and towhich the records shall betransmitted immediately.

Section 5. Preliminaryinjunction not granted withoutnotice ; exception . — Nopreliminary injunction shall begranted without hearing andprior notice to the party orperson sought to be enjoined. Ifit shall appear from facts shownby affidavits or by the verifiedapplication that great orirreparable injury would resultto the applicant before thematter can be heard on notice,the court to which the

application for preliminaryinjunction was made, may issuea temporary restraining order tobe effective only for a period oftwenty (20) days from serviceon the party or person sought tobe enjoined, except as hereinprovided. Within the saidtwenty-day period, the courtmust order said party or personto show cause, at a specifiedtime and place, why theinjunction should not begranted, determine within thesame period whether or not thepreliminary injunction shall begranted, and accordingly issuethe corresponding order. (BarMatter No. 803, 17 February1998)

However, and subject to theprovisions of the precedingsections, if the matter is ofextreme urgency and theapplicant will suffer graveinjustice and irreparable injury,the executive judge of a

multiple-sala court or thepresiding judge of a single salacourt may issue ex parte atemporary restraining ordereffective for only seventy-two

(72) hours from issuance but heshall immediately comply withthe provisions of the nextpreceding section as to serviceof summons and the documentsto be served therewith.Thereafter, within the aforesaidseventy-two (72) hours, the

judge before whom the case ispending shall conduct asummary hearing to determinewhether the temporaryrestraining order shall beextended until the applicationfor preliminary injunction can beheard. In no case shall the totalperiod of effectivity of thetemporary restraining orderexceed twenty (20) days,including the original seventy-two hours provided herein.

In the event that the applicationfor preliminary injunction isdenied or not resolved withinthe said period, the temporaryrestraining order is deemed,automatically vacated. Theeffectivity of a temporaryrestraining order is notextendible without need of any

judicial declaration to that effectand no court shall haveauthority to extend or renew thesame on the same ground forwhich it was issued.

However, if issued by the Courtof Appeals or a member thereof,the temporary restraining ordershall be effective for sixty (60)days from service on the party

or person sought to be enjoined.A restraining, order issued bythe Supreme Court or a memberthereof shall be effective untilfurther orders. (5a)

Section 6. Grounds for



objection to , or for motion ofdissolution of, injunction orrestraining order . — Theapplication for injunction orrestraining order may be

denied, upon a showing of itsinsufficiency. The injunction orrestraining order may also bedenied, or, if granted, may bedissolved, on other groundsupon affidavits of the party orperson enjoined, which may beopposed by the applicant alsoby affidavits. It may further bedenied, or if granted, may bedissolved, if it appears afterhearing that although theapplicant is entitled to theinjunction or restraining order,the issuance or continuancethereof, as the case may be,would cause irreparable damageto the party or person enjoinedwhile the applicant can be fullycompensated for such damagesas he may suffer, and the

former files a bond in anamount fixed by the courtconditioned that he will pay alldamages which the applicantmay suffer by the denial or thedissolution of the injunction orrestraining order. If it appearsthat the extent of thepreliminary injunction orrestraining order granted is too

great, it may be modified. (6a)Section 7. Service of copies ofbonds ; effect of disapproval ofsame . — The party filing a bondin accordance with theprovisions of this Rule shallforthwith serve a copy of suchbond on the other party, whomay except to the sufficiency ofthe bond, or of the surety or

sureties thereon. If theapplicant's bond is found to beinsufficient in amount, or if thesurety or sureties thereon fail to

justify, and a bond sufficient inamount with sufficient suretiesapproved after justification is

not filed forthwith the injunctionshall be dissolved. If the bond ofthe adverse party is found to beinsufficient in amount, or thesurety or sureties thereon fail to

justify a bond sufficient inamount with sufficient suretiesapproved after justification isnot filed forthwith, theinjunction shall be granted orrestored, as the case may be.(8a)

Section 8. Judgment to includedamages against party andsureties . — At the trial, theamount of damages to beawarded to either party, uponthe bond of the adverse party,shall be claimed, ascertained,and awarded under the sameprocedure prescribed in section20 of Rule 57. (9a)

Section 9. When finalinjunction granted . — If after

the trial of the action it appearsthat the applicant is entitled tohave the act or acts complainedof permanently enjoined thecourt shall grant a finalinjunction perpetuallyrestraining the party or personenjoined from the commissionor continuance of the act or actsof confirming the preliminarymandatory injunction. (10a)

RULE 59

Receivership

Section 1. Appointment ofreceiver . — Upon a verifiedapplication, one or morereceivers of the property subjectof the action or proceeding maybe appointed by the court wherethe action is pending or by theCourt of Appeals or by theSupreme Court, or a memberthereof, in the following cases:



(a) When it appears from theverified application, and suchother proof as the court mayrequire, that the party applyingfor the appointment of a

receiver has an interest in theproperty or fund which is thesubject of the action orproceeding, and that suchproperty or fund is in danger ofbeing lost, removed, ormaterially injured unless areceiver be appointed toadminister and preserve it;

(b) When it appears in an actionby the mortgagee for theforeclosure of a mortgage thatthe property is in danger ofbeing wasted or dissipated ormaterially injured, and that itsvalue is probably insufficient todischarge the mortgage debt, orthat the parties have sostipulated in the contract ofmortgage;

(c) After judgment, to preservethe property during thependency of an appeal, or todispose of it according to the

judgment, or to aid executionwhen the execution has beenreturned unsatisfied or the

judgment obligor refuses toapply his property in satisfactionof the judgment, or otherwise tocarry the judgment into effect;

(d) Whenever in other cases itappears that the appointment ofa receiver is the mostconvenient and feasible meansof preserving, administering, ordisposing of the property inlitigation.

During the pendency of anappeal, the appellate court mayallow an application for theappointment of a receiver to befiled in and decided by the courtof origin and the receiverappointed to be subject to thecontrol of said court. (1a)

Section 2. Bond onappointment of receiver . — Before issuing the orderappointing a receiver the courtshall require the applicant to file

a bond executed to the partyagainst whom the application ispresented, in an amount to befixed by the court, to the effectthat the applicant will pay suchparty all damages he maysustain by reason of theappointment of such receiver incase the applicant shall haveprocured such appointmentwithout sufficient cause; andthe court may, in its discretion,at any time after theappointment, require anadditional bond as furthersecurity for such damages. (3a)

Section 3. Denial of applicationor discharge of receiver . — Theapplication may be denied, orthe receiver discharged, when

the adverse party files a bondexecuted to the applicant, in anamount to be fixed by the court,to the effect that such party willpay the applicant all damageshe may suffer by reason of theacts, omissions, or othermatters specified in theapplication as ground for suchappointment. The receiver mayalso be discharged if it is shownthat his appointment wasobtained without sufficientcause. (4a)

Section 4. Oath and bond ofreceiver . — Before enteringupon his duties, the receivershall be sworn to perform themfaithfully, and shall file a bond,executed to such person and in

such sum as the court maydirect, to the effect that he willfaithfully discharge his duties inthe action or proceeding andobey the orders of the court.(5a)



Section 5. Service of copies ofbonds ; effect of disapproval ofsame . — The person filing abond in accordance with theprovisions of this Rule shall

forthwith serve a copy thereofon each interested party, whomay except to its sufficiency orof the surety or suretiesthereon. If either the applicant'sor the receiver's bond is foundto be insufficient in amount, orif the surety or sureties thereonfail to justify, and a bondsufficient in amount withsufficient sureties approvedafter justification is not filedforthwith, the application shallbe denied or the receiverdischarged, as the case may be.If the bond of the adverse partyis found to be insufficient inamount or the surety or suretiesthereon fail to justify, and abond sufficient in amount withsufficient sureties approved

after justification is not filedforthwith, the receiver shall beappointed or re-appointed, asthe case may be. (6a)

Section 6. General powers ofreceiver . — Subject to thecontrol of the court in which theaction or proceeding is pendinga receiver shall have the powerto bring and defend, in suchcapacity, actions in his ownname; to take and keeppossession of the property incontroversy; to receive rents; tocollect debts due to himself asreceiver or to the fund,property, estate, person, orcorporation of which he is thereceiver; to compound for andcompromise the same; to make

transfers; to pay outstandingdebts; to divide the money andother property that shall remainamong the persons legallyentitled to receive the same;and generally to do such actsrespecting the property as the

court may authorize. However,funds in the hands of a receivermay be invested only by orderof the court upon the writtenconsent of all the parties to the

action. (7a)

No action may be filed by oragainst a receiver without leaveof the court which appointedhim. (n)

Section 7. Liability for refusalor neglect to deliver property toreceiver . — A person whorefuses or neglects, uponreasonable demand, to deliverto the receiver all the property,money, books, deeds, notes,bills, documents and paperswithin his power or control,subject of or involved in theaction or proceeding, or in caseof disagreement, as determinedand ordered by the court, maybe punished for contempt and

shall be liable to the receiver forthe money or the value of theproperty and other things sorefused or neglected to besurrendered, together with alldamages that may have beensustained by the party or partiesentitled thereto as aconsequence of such refusal orneglect. (n)

Section 8. Termination ofreceivership ; compensation ofreceiver . — Whenever the court,motu proprio or on motion ofeither party, shall determinethat the necessity for a receiverno longer exists, it shall, afterdue notice to all interestedparties and hearing, settle theaccounts of the receiver, direct

the delivery of the funds andother property in his possessionto the person adjudged to beentitled to receive them andorder the discharge of thereceiver from further duty assuch. The court shall allow the



receiver such reasonablecompensation as thecircumstances of the casewarrant, to be taxed as costsagainst the defeated party, or

apportioned, as justice requires.(8a)

Section 9. Judgment to includerecovery against sureties . — The amount, if any, to beawarded to any party upon anybond filed in accordance withthe provisions of this Rule, shallbe claimed, ascertained, andgranted under the sameprocedure prescribed in section20 of Rule 57. (9a)

RULE 60

Replevin

Section 1. Application . — Aparty praying for the recovery ofpossession of personal propertymay, at the commencement ofthe action or at any time beforeanswer, apply for an order forthe delivery of such property tohim, in the manner hereinafterprovided. (1a)

Section 2. Affidavit and bond .— The applicant must show by

his own affidavit or that of someother person who personallyknows the facts:

(a) That the applicant is theowner of the property claimed,particularly describing it, or isentitled to the possessionthereof;

(b) That the property is

wrongfully detained by theadverse party, alleging thecause of detention thereofaccording to the best of hisknowledge, information, andbelief ;

(c) That the property has notbeen distrained or taken for atax assessment or a finepursuant to law, or seized undera writ of execution or

preliminary attachment, orotherwise placed under custodialegis , or if so seized, that it isexempt from such seizure orcustody; and

(d) The actual market value ofthe property.

The applicant must also give abond, executed to the adverseparty in double the value of theproperty as stated in theaffidavit aforementioned, for thereturn of the property to theadverse party if such return beadjudged, and for the paymentto the adverse party of suchsum as he may recover from theapplicant in the action. (2a)

Section 3. Order . — Upon thefiling of such affidavit andapproval of the bond, the courtshall issue an order and thecorresponding writ of replevin,describing the personal propertyalleged to be wrongfullydetained and requiring thesheriff forthwith to take suchproperty into his custody. (3a)

Section 4. Duty of the sheriff. — Upon receiving such order,the sheriff must serve a copythereof on the adverse party,together with a copy of theapplication, affidavit and bond,and must forthwith take theproperty, if it be in thepossession of the adverse party,or his agent, and retain it in hiscustody. If the property or anypart thereof be concealed in abuilding or enclosure, the sheriffmust demand its delivery, and ifit be not delivered, he mustcause the building or enclosureto be broken open and take theproperty into his possession.



After the sheriff has takepossession of the property asherein provided, he must keep itin a secure place and shall beresponsible for its delivery to

the party entitled thereto uponreceiving his fees and necessaryexpenses for taking and keepingthe same. (4a)

Section 5. Return of property .— If the adverse party objectsto the sufficiency of theapplicant's bond, or of thesurety or sureties thereon, hecannot immediately require thereturn of the property, but if hedoes not so object, he may, atany time before the delivery ofthe property to the applicant,require the return thereof, byfiling with the court where theaction is pending a bondexecuted to the applicant, indouble the value of the propertyas stated in the applicant's

affidavit for the delivery thereofto the applicant, if such deliverybe adjudged, and for thepayment of such sum, to him asmay be recovered against theadverse party, and by serving acopy of such bond on theapplicant. (5a)

Section 6. Disposition of property by sheriff. — If withinfive (5) days after the taking ofthe property by the sheriff, theadverse party does not object tothe sufficiency of the bond, or ofthe surety or sureties thereon;or if the adverse party soobjects and the court affirms itsapproval of the applicant's bondor approves a new bond, or ifthe adverse party requires the

return of the property but hisbond is objected to and foundinsufficient and he does notforthwith file an approved bond,the property shall be deliveredto the applicant. If for anyreason the property is not

delivered to the applicant, thesheriff must return it to theadverse party. (6a)

Section 7. Proceedings where

property claimed by third person . — If the property takenis claimed by any person otherthan the party against whomthe writ of replevin had beenissued or his agent, and suchperson makes an affidavit of histitle thereto, or right to thepossession thereof, stating thegrounds therefor, and servessuch affidavit upon the sheriffwhile the latter has possessionof the property and a copythereof upon the applicant, thesheriff shall not be bound tokeep the property underreplevin or deliver it to theapplicant unless the applicant orhis agent, on demand of saidsheriff, shall file a bondapproved by the court to

indemnify the third-partyclaimant in a sum not less thanthe value of the property underreplevin as provided in section 2hereof. In case of disagreementas to such value, the court shalldetermine the same. No claimfor damages for the taking orkeeping, of the property may beenforced against the bondunless the action therefor isfiled within one hundred twenty(120) days from the date of thefiling of the bond.

The sheriff shall not be liable fordamages, for the taking orkeeping of such property, to anysuch third-party claimant if suchbond shall be filed. Nothingherein contained shall prevent

such claimant or any thirdperson from vindicating hisclaim to the property, orprevent the applicant fromclaiming damages against athird-party claimant who filed afrivolous or plainly spurious



claim, in the same or a separateaction.

When the writ of replevin isissued in favor of the Republic

of the Philippines, or any officerduly representing it, the filing ofsuch bond shall not be required,and in case the sheriff is suedfor damages as a result of thereplevin, he shall berepresented by the SolicitorGeneral, and if held liabletherefor, the actual damagesadjudged by the court shall bepaid by the National Treasurerout of the funds to beappropriated for the purpose.(7a)

Section 8. Return of papers . — The sheriff must file the order,with his proceedings indorsed,thereon, with the court withinten (10) days after taking theproperty mentioned therein.

(8a)Section 9. Judgment . — Aftertrial of the issues the court shalldetermine who has the right ofpossession to and the value ofthe property and shall render

judgment in the alternative forthe delivery thereof to the partyentitled to the same, or for itsvalue in case delivery cannot be

made, and also for suchdamages as either party mayprove, with costs. (9a)

Section 10. Judgment toinclude recovery againstsureties . — The amount, if any,to be awarded to any partyupon any bond filed inaccordance with the provisionsof this Rule, shall be claimed,ascertained, and granted underthe same procedure asprescribed in section 20 of Rule57. (10a)

RULE 61

Support Pendente Lite

Section 1. Application . — At

the commencement of theproper action or proceeding, orat any time prior to the

judgment or final order, averified application for support

pendente lite may be filed byany party stating the groundsfor the claim and the financialconditions of both parties, andaccompanied by affidavits,depositions or other authenticdocuments in support thereof.(1a)

Section 2. Comment . — A copyof the application and allsupporting documents shall beserved upon the adverse party,who shall have five (5) days tocomment thereon unless adifferent period is fixed by thecourt upon his motion. Thecomment shall be verified andshall be accompanied byaffidavits, depositions or otherauthentic documents in supportthereof. (2a, 3a)

Section 3. Hearing . — After thecomment is filed, or after theexpiration of the period for itsfiling, the application shall be

set for hearing not more thanthree (3) days thereafter. Thefacts in issue shall be proved inthe same manner as is providedfor evidence on motions. (4a)

Section 4. Order . — The courtshall determine provisionally thepertinent facts, and shall rendersuch orders as justice andequity may require, having theregard to the probable outcomeof the case and such othercircumstances as may aid in theproper resolution of thequestion involved. If theapplication is granted, the courtshall fix the amount of money to



be provisionally paid or suchother forms of support as shouldbe provided, taking into accountthe necessities of the applicantand the resources or means of

the adverse party, and theterms of payment or mode forproviding the support. If theapplication is denied, theprincipal case shall be tried anddecided as early as possible.(5a)

Section 5. Enforcement oforder . — If the adverse partyfails to comply with an ordergranting support pendente lite ,the court shall, motu proprio orupon motion; issue an order ofexecution against him, withoutprejudice to his liability forcontempt. (6a)

When the person ordered togive support pendente lite refuses or fails to do so, any

third person who furnished thatsupport to the applicant may,after due notice and hearing inthe same case obtain a writ ofexecution to enforce his right ofreimbursement against theperson ordered to provide suchsupport. (h)

Section 6. Support in criminalcases . — In criminal actions

where the civil liability includessupport for the offspring as aconsequence of the crime andthe civil aspect thereof has notbeen waived, reserved andinstituted prior to its filing, theaccused may be ordered toprovide support pendente lite tothe child born to the offendedparty allegedly because of the

crime. The application thereformay be filed successively by theoffended party, her parents,grandparents or guardian andthe State in the correspondingcriminal case during itspendency, in accordance with

the procedure established underthis Rule. (n)

Section 7. Restitution . — Whenthe judgment or final order of

the court finds that the personwho has been providing support pendente lite is not liabletherefor, it shall order therecipient thereof to return to theformer the amounts alreadypaid with legal interest from thedates of actual payment,without prejudice to the right ofthe recipient to obtainreimbursement in a separateaction from the person legallyobliged to give the support.Should the recipient fail toreimburse said amounts, theperson who provided the samemay likewise seekreimbursement thereof in aseparate action from the personlegally obliged to give suchsupport. (n)

Special Civil Actions

RULE 62

Interpleader

Section 1. When interpleader proper . — Whenever conflictingclaims upon the same subjectmatter are or may be madeagainst a person who claims nointerest whatever in the subjectmatter, or an interest which inwhole or in part is not disputedby the claimants, he may bringan action against the conflictingclaimants to compel them to

interplead and litigate theirseveral claims amongthemselves. (1a, R63)

Section 2. Order . — Upon thefiling of the complaint, the courtshall issue an order requiring



the conflicting claimants tointerplead with one another. Ifthe interests of justice sorequire, the court may direct insuch order that the subject

matter be paid or delivered tothe court. (2a, R63)

Section 3. Summons . — Summons shall be served uponthe conflicting claimants,together with a copy of thecomplaint and order. (3, R63)

Section 4. Motion to dismiss . — Within the time for filing ananswer, each claimant may filea motion to dismiss on theground of impropriety of theinterpleader action or on otherappropriate grounds specified inRule 16. The period to file theanswer shall be tolled and if themotion is denied, the movantmay file his answer within theremaining period, but which

shall not be less than five (5)days in any event, reckonedfrom notice of denial. (n)

Section 5. Answer and other pleadings . — Each claimant shallfile his answer setting forth hisclaim within fifteen (15) daysfrom service of the summonsupon him, serving a copythereof upon each of the other

conflicting claimants who mayfile their reply thereto asprovided by these Rules. If anyclaimant fails to plead within thetime herein fixed, the courtmay, on motion, declare him indefault and thereafter render

judgment barring him from anyclaim in respect to the subjectmatter.

The parties in an interpleaderaction may file counterclaims,cross-claims, third-partycomplaints and responsivepleadings thereto, as providedby these Rules. (4a, R63)

Section 6. Determination . — After the pleadings of theconflicting claimants have beenfiled, and pre-trial has beenconducted in accordance with

the Rules, the court shallproceed to determine theirrespective rights and adjudicatetheir several claims. (5a, R63)

Section 7. Docket and otherlawful fees , costs and litigationexpenses as liens . — The docketand other lawful fees paid bythe party who filed a complaintunder this Rule, as well as thecosts and litigation expenses,shall constitute a lien or changeupon the subject matter of theaction, unless the court shallorder otherwise. (6a, R63)

RULE 63

Declaratory Relief andSimilar Remedies

Section 1. Who may file petition . — Any personinterested under a deed, will,contract or other writteninstrument, or whose rights areaffected by a statute, executiveorder or regulation, ordinance,or any other governmental

regulation may, before breachor violation thereof bring anaction in the appropriateRegional Trial Court todetermine any question ofconstruction or validity arising,and for a declaration of hisrights or duties, thereunder.(Bar Matter No. 803, 17February 1998)

An action for the reformation ofan instrument, to quiet title toreal property or remove cloudstherefrom, or to consolidateownership under Article 1607 ofthe Civil Code, may be broughtunder this Rule. (1a, R64)



Section 2. Parties . — Allpersons who have or claim anyinterest which would be affectedby the declaration shall be madeparties; and no declaration

shall, except as otherwiseprovided in these Rules,prejudice the rights of personsnot parties to the action. (2a,R64)

Section 3. Notice on SolicitorGeneral . — In any action whichinvolves the validity of astatute, executive order orregulation, or any othergovernmental regulation, theSolicitor General shall benotified by the party assailingthe same and shall be entitledto be heard upon such question.(3a, R64)

Section 4. Local governmentordinances . — In any actioninvolving the validity of a local

government ordinance, thecorresponding prosecutor orattorney of the localgovernmental unit involved shallbe similarly notified and entitledto be heard. If such ordinance isalleged to be unconstitutional,the Solicitor General shall alsobe notified and entitled to beheard. (4a, R64)

Section 5. Court actiondiscretionary . — Except inactions falling under the secondparagraph of section 1 of thisRule, the court, motu proprio orupon motion, may refuse toexercise the power to declarerights and to construeinstruments in any case where adecision would not terminate

the uncertainty or controversywhich gave rise to the action, orin any case where thedeclaration or construction isnot necessary and proper underthe circumstances. (5a, R64)

Section 6. Conversion into

ordinary action . — If before thefinal termination of the case, abreach or violation of aninstrument or a statute,executive order or regulation,

ordinance, or any othergovernmental regulation shouldtake place, the action maythereupon be converted into anordinary action, and the partiesshall be allowed to file suchpleadings as may be necessaryor proper. (6a, R64)

RULE 64

Review of Judgments andFinal Orders or Resolutions

of the Commission onElections and the

Commission on Audit

Section 1. Scope . — This Ruleshall govern the review of

judgments and final orders orresolutions of the Commissionon Elections and theCommission on Audit. (n)

Section 2. Mode of review . — A judgment or final order orresolution of the Commission onElections and the Commissionon Audit may be brought by theaggrieved party to the Supreme

Court on certiorari under Rule65, except as hereinafterprovided. (n; Bar Matter No.803, 17 February 1998)

Section 3. Time to file petition .— The petition shall be filedwithin thirty (30) days fromnotice of the judgment or finalorder or resolution sought to bereviewed. The filing of a motionfor new trial or reconsiderationof said judgment or final orderor resolution, if allowed underthe procedural rules of theCommission concerned, shallinterrupt the period hereinfixed. If the motion is denied,



the aggrieved party may file thepetition within the remainingperiod, but which shall not beless than five (5) days in anyevent, reckoned from notice of

denial. (n)

Section 4. Docket and otherlawful fees . — Upon the filing ofthe petition, the petitioner shallpay to the clerk of court thedocket and other lawful fees anddeposit the amount of P500.00for costs. (n)

Section 5. Form and contentsof petition . — The petition shallbe verified and filed in eighteen(18) legible copies. The petitionshall name the aggrieved partyas petitioner and shall join asrespondents the Commissionconcerned and the person orpersons interested in sustainingthe judgment, final order orresolution a quo . The petition

shall state the facts withcertainty, present clearly theissues involved, set forth thegrounds and brief argumentsrelied upon for review, and prayfor judgment annulling ormodifying the questioned

judgment, final order orresolution. Findings of fact ofthe Commission supported bysubstantial evidence shall befinal and non-reviewable.

The petition shall beaccompanied by a clearly legibleduplicate original or certifiedtrue copy of the judgment, finalorder or resolution subjectthereof, together with certifiedtrue copies of such materialportions of the record as are

referred to therein and otherdocuments relevant andpertinent thereto. The requisitenumber of copies of the petitionshall contain plain copies of alldocuments attached to theoriginal copy of said petition.

The petition shall state thespecific material dates showingthat it was filed within theperiod fixed herein, and shallcontain a sworn certification

against forum shopping asprovided in the third paragraphof section 3, Rule 46.

The petition shall further beaccompanied by proof of serviceof a copy thereof on theCommission concerned and onthe adverse party, and of thetimely payment of docket andother lawful fees.

The failure of petitioner tocomply with any of theforegoing requirements shall besufficient ground for thedismissal of the petition. (n)

Section 6. Order to comment .— If the Supreme Court findsthe petition sufficient in formand substance, it shall order therespondents to file theircomments on the petition withinten (10) days from noticethereof; otherwise, the Courtmay dismiss the petitionoutright. The Court may alsodismiss the petition if it wasfiled manifestly for delay or thequestions raised are toounsubstantial to warrant further

proceedings. (n)

Section 7. Comments ofrespondents . — The commentsof the respondents shall be filedin eighteen (18) legible copies.The original shall beaccompanied by certified truecopies of such material portionsof the record as are referred totherein together with othersupporting papers. The requisitenumber of copies of thecomments shall contain plaincopies of all documentsattached to the original and acopy thereof shall be served onthe petitioner.



No other pleading may be filedby any party unless required orallowed by the Court. (n)

Section 8. Effect of filing . —

The filing of a petition forcertiorari shall not stay theexecution of the judgment orfinal order or resolution soughtto be reviewed, unless theSupreme Court shall directotherwise upon such terms as itmay deem just. (n)

Section 9. Submission fordecision . — Unless the Courtsets the case for oral argument,or requires the parties to submitmemoranda, the case shall bedeemed submitted for decisionupon the filing of the commentson the petition, or of such otherpleadings or papers as may berequired or allowed, or theexpiration of the period to doso. (n)

RULE 65

Certiorari , Prohibition andMandamus

Section 1. Petition forcertiorari . — When any tribunal,board or officer exercising

judicial or quasi-judicialfunctions has acted without orin excess its or his jurisdiction,or with grave abuse ofdiscretion amounting to lack orexcess of jurisdiction, and thereis no appeal, or any plain,speedy, and adequate remedyin the ordinary course of law, aperson aggrieved thereby mayfile a verified petition in theproper court, alleging the factswith certainty and praying that

judgment be rendered annullingor modifying the proceedings ofsuch tribunal, board or officer,and granting such incidentalreliefs as law and justice may

require.

The petition shall beaccompanied by a certified truecopy of the judgment, order or

resolution subject thereof,copies of all pleadings anddocuments relevant andpertinent thereto, and a sworncertification of non-forumshopping as provided in thethird paragraph of section 3,Rule 46. (1a)

Section 2. Petition for prohibition . — When theproceedings of any tribunal,corporation, board, officer orperson, whether exercising

judicial, quasi-judicial orministerial functions, arewithout or in excess of its or his

jurisdiction, or with grave abuseof discretion amounting to lackor excess of jurisdiction, andthere is no appeal or any other

plain, speedy, and adequateremedy in the ordinary courseof law, a person aggrievedthereby may file a verifiedpetition in the proper court,alleging the facts with certaintyand praying that judgment berendered commanding therespondent to desist fromfurther proceedings in the actionor matter specified therein, orotherwise granting suchincidental reliefs as law and

justice may require.

The petition shall likewise beaccompanied by a certified truecopy of the judgment, order orresolution subject thereof,copies of all pleadings anddocuments relevant and

pertinent thereto, and a sworncertification of non-forumshopping as provided in thethird paragraph of section 3,Rule 46. (2a)

Section 3. Petition formandamus . — When any



tribunal, corporation, board,officer or person unlawfullyneglects the performance of anact which the law specificallyenjoins as a duty resulting from

an office, trust, or station, orunlawfully excludes anotherfrom the use and enjoyment ofa right or office to which suchother is entitled, and there is noother plain, speedy andadequate remedy in theordinary course of law, theperson aggrieved thereby mayfile a verified petition in theproper court, alleging the factswith certainty and praying that

judgment be renderedcommanding the respondent,immediately or at some othertime to be specified by thecourt, to do the act required tobe done to protect the rights ofthe petitioner, and to pay thedamages sustained by thepetitioner by reason of the

wrongful acts of the respondent.

The petition shall also contain asworn certification of non-forumshopping as provided in thethird paragraph of section 3,Rule 46. (3a)

Section 4. When and where petition filed . — The petitionshall be filed not later than sixty(60) days from notice of the

judgment, order or resolution.In case a motion forreconsideration or new trial istimely filed, whether suchmotion is required or not, thesixty (60) day period shall becounted from notice of thedenial of said motion.

The petition shall be filed in theSupreme Court or, if it relates tothe acts or omissions of a lowercourt or of a corporation, board,officer or person, in theRegional Trial Court exercising

jurisdiction over the territorial

area as defined by the SupremeCourt. It may also be filed in theCourt of Appeals whether or notthe same is in aid of itsappellate jurisdiction, or in the

Sandiganbayan if it is in aid ofits appellate jurisdiction. If itinvolves the acts or omissions ofa quasi-judicial agency, unlessotherwise provided by law orthese Rules, the petition shallbe filed in and cognizable onlyby the Court of Appeals.

No extension of time to file thepetition shall be granted exceptfor compelling reason and in nocase exceeding fifteen (15)days. (4a) (Bar Matter No. 803,21 July 1998; A.M. No. 00-2-03-SC)

Section 5. Respondents andcosts in certain cases . — Whenthe petition filed relates to theacts or omissions of a judge,

court, quasi-judicial agency,tribunal, corporation, board,officer or person, the petitionershall join, as private respondentor respondents with such publicrespondent or respondents, theperson or persons interested insustaining the proceedings inthe court; and it shall be theduty of such privaterespondents to appear anddefend, both in his or their ownbehalf and in behalf of thepublic respondent orrespondents affected by theproceedings, and the costsawarded in such proceedings infavor of the petitioner shall beagainst the private respondentsonly, and not against the judge,court, quasi-judicial agency,

tribunal, corporation, board,officer or person impleaded aspublic respondent orrespondents.

Unless otherwise specificallydirected by the court where the



petition is pending, the publicrespondents shall not appear inor file an answer or comment tothe petition or any pleadingtherein. If the case is elevated

to a higher court by eitherparty, the public respondentsshall be included therein asnominal parties. However,unless otherwise specificallydirected by the court, they shallnot appear or participate in theproceedings therein. (5a)

Section 6. Order to comment .— If the petition is sufficient inform and substance to justifysuch process, the court shallissue an order requiring therespondent or respondents tocomment on the petition withinten (10) days from receipt of acopy thereof. Such order shallbe served on the respondents insuch manner as the court maydirect together with a copy of

the petition and any annexesthereto.

In petitions for certiorari beforethe Supreme Court and theCourt of Appeals, the provisionsof section 2, Rule 56, shall beobserved. Before giving duecourse thereto, the court mayrequire the respondents to filetheir comment to, and not amotion to dismiss, the petition.Thereafter, the court mayrequire the filing of a reply andsuch other responsive or otherpleadings as it may deemnecessary and proper. (6a)

Section 7. Expediting proceedings ; injunctive relief. — The court in which the petition

is filed may issue ordersexpediting the proceedings, andit may also grant a temporaryrestraining order or a writ ofpreliminary injunction for thepreservation of the rights of theparties pending such

proceedings. The petition shallnot interrupt the course of theprincipal case unless atemporary restraining order or awrit of preliminary injunction

has been issued against thepublic respondent from furtherproceeding in the case. (7a)

Section 8. Proceedings aftercomment is filed . After thecomment or other pleadingsrequired by the court are filed,or the time for the filing thereofhas expired, the court may hearthe case or require the partiesto submit memoranda. If aftersuch hearing or submission ofmemoranda or the expiration ofthe period for the filing thereofthe court finds that theallegations of the petition aretrue, it shall render judgmentfor the relief prayed for or towhich the petitioner is entitled.

The court, however, maydismiss the petition if it findsthe same to be patently withoutmerit, prosecuted manifestly fordelay, or that the questionsraised therein are toounsubstantial to requireconsideration. (8a)

Section 9. Service andenforcement of order or

judgment . — A certified copy ofthe judgment rendered inaccordance with the lastpreceding section shall beserved upon the court, quasi-

judicial agency, tribunal,corporation, board, officer orperson concerned in suchmanner as the court may direct,and disobedience thereto shall

be punished as contempt. Anexecution may issue for anydamages or costs awarded inaccordance with section 1 ofRule 39. (9a)



RULE 66

Quo Warranto

Section 1. Action by

Government against individuals .— An action for the usurpationof a public office, position orfranchise may be commencedby a verified petition brought inthe name of the Republic of thePhilippines against:

(a) A person who usurps,intrudes into, or unlawfullyholds or exercises a public

office, position or franchise;

(b) A public officer who does orsuffers an act which, by theprovision of law, constitutes aground for the forfeiture of hisoffice; or

(c) An association which acts asa corporation within thePhilippines without being legallyincorporated or without lawfulauthority so to act. (1a)

Section 2. When SolicitorGeneral or public prosecutormust commence action . — TheSolicitor General or a publicprosecutor, when directed bythe President of the Philippines,or when upon complaint orotherwise he has good reason tobelieve that any case specifiedin the preceding section can beestablished by proof, mustcommence such action. (3a)

Section 3. When SolicitorGeneral or public prosecutormay commence action with

permission of court . — TheSolicitor General or a public

prosecutor may, with thepermission of the court in whichthe action is to be commenced,bring such an action at therequest and upon the relation ofanother person; but in suchcase the officer bringing it may

first require an indemnity forthe expenses and costs of theaction in an amount approvedby and to be deposited in thecourt by the person at whose

request and upon whoserelation the same is brought.(4a)

Section 4. When hearing hadon application for permission tocommence action . — Uponapplication for permission tocommence such action inaccordance with the nextpreceding section, the courtshall direct that notice be givento the respondent so that hemay be heard in oppositionthereto; and if permission isgranted, the court shall issue anorder to that effect, copies ofwhich shall be served on allinterested parties, and thepetition shall then be filed withinthe period ordered by the court.

(5a)

Section 5. When an individualmay commence such an action .— A person claiming to beentitled to a public office orposition usurped or unlawfullyheld or exercised by anothermay bring an action therefor inhis own name. (6)

Section 6. Parties and contentsof petition against usurpation .— When the action is against aperson for usurping a publicoffice, position or franchise, thepetition shall set forth the nameof the person who claim to beentitled thereto, if any, with anaverment of his right to thesame and that the respondent is

unlawfully in possession thereof.All persons who claim to beentitled to the public office,position or franchise may bemade parties, and theirrespective rights to such publicoffice, position or franchise



determined, in the same action.(7a)

Section 7. Venue . — An actionunder the preceding six sections

can be brought only in theSupreme Court, the Court ofAppeals, or in the Regional TrialCourt exercising jurisdictionover the territorial area wherethe respondent or any of therespondents resides, but whenthe Solicitor Generalcommences the action, it maybe brought in a Regional TrialCourt in the City of Manila, inthe Court of Appeals, or in theSupreme Court. (8a)

Section 8. Period for pleadingsand proceedings may bereduced ; action given

precedence . — The court mayreduce the period provided bythese Rules for filing pleadingsand for all other proceedings in

the action in order to secure themost expeditious determinationof the matters involved thereinconsistent with the rights of theparties. Such action may begiven precedence over anyother civil matter pending in thecourt. (9a)

Section 9. Judgment whereusurpation found . — When the

respondent is found guilty ofusurping into, intruding into, orunlawfully holding or exercisinga public office, position orfranchise, judgment shall berendered that such respondentbe ousted and altogetherexcluded therefrom, and thatthe petitioner or relator, as thecase may be, recover his costs.

Such further judgment may berendered determining therespective rights in and to thepublic office, position orfranchise of all the parties to theaction as justice requires. (10a)

Section 10. Rights of persons

adjudged entitled to publicoffice ; delivery of books and

papers ; damages . — If judgment be rendered in favorof the person averred in the

complaint to be entitled to thepublic office he may, aftertaking the oath of office andexecuting any official bondrequired by law, take uponhimself the execution of theoffice, and may immediatelythereafter demand of therespondent all the books andpapers in the respondent'scustody or control appertainingto the office to which the

judgment relates. If therespondent refuses or neglectsto deliver any book or paperpursuant to such demand, hemay be punished for contemptas having disobeyed a lawfulorder of the court. The personadjudged entitled to the officemay also bring action against

the respondent to recover thedamages sustained by suchperson by reason of theusurpation. (15a)

Section 11. Limitations . — Nothing contained in this Ruleshall be construed to authorizean action against a public officeror employee for his ouster fromoffice unless the same becommenced within one (1) yearafter the cause of such ouster,or the right of the petitioner tohold such office or position,arose, nor to authorize an actionfor damages in accordance withthe provisions of the nextpreceding section unless thesame be commenced within one(1) year after the entry of the

judgment establishing thepetitioner's right to the office inquestion. (16a)

Section 12. Judgment forcosts . — In an action brought inaccordance with the provisions



of this Rule, the court mayrender judgment for costsagainst either the petitioner, therelator, or the respondent, orthe person or persons claiming

to be a corporation, or mayapportion the costs, as justicerequires. (17a)

RULE 67

Expropriation

Section 1. The complaint . —

The right of eminent domainshall be exercised by the filingof a verified complaint whichshall state with certainty theright and purpose ofexpropriation, describe the realor personal property sought tobe expropriated, and join asdefendants all persons owningor claiming to own, oroccupying, any part thereof orinterest therein, showing, so faras practicable, the separateinterest of each defendant. Ifthe title to any property soughtto be expropriated appears tobe in the Republic of thePhilippines, although occupiedby private individuals, or if thetitle is otherwise obscure ordoubtful so that the plaintiff

cannot with accuracy orcertainty specify who are thereal owners, averment to thateffect shall be made in thecomplaint. (1a)

Section 2. Entry of plaintiffupon depositing value withauthorized governmentdepositary . — Upon the filing ofthe complaint or at any timethereafter and after due noticeto the defendant, the plaintiffshall have the right to take orenter upon the possession ofthe real property involved if hedeposits with the authorizedgovernment depositary an

amount equivalent to theassessed value of the propertyfor purposes of taxation to beheld by such bank subject to theorders of the court. Such

deposit shall be in money,unless in lieu thereof the courtauthorizes the deposit of acertificate of deposit of agovernment bank of theRepublic of the Philippinespayable on demand to theauthorized governmentdepositary.

If personal property is involved,its value shall be provisionallyascertained and the amount tobe deposited shall be promptlyfixed by the court.

After such deposit is made thecourt shall order the sheriff orother proper officer to forthwithplace the plaintiff in possessionof the property involved and

promptly submit a reportthereof to the court with serviceof copies to the parties. (2a)

Section 3. Defenses andobjections . — If a defendant hasno objection or defense to theaction or the taking of hisproperty, he may file and servea notice of appearance and amanifestation to that effect,

specifically designating oridentifying the property in whichhe claims to be interested,within the time stated in thesummons. Thereafter, he shallbe entitled to notice of allproceedings affecting the same.

If a defendant has any objectionto the filing of or the allegationsin the complaint, or anyobjection or defense to thetaking of his property, he shallserve his answer within the timestated in the summons. Theanswer shall specificallydesignate or identify theproperty in which he claims to



have an interest, state thenature and extent of theinterest claimed, and adduce allhis objections and defenses tothe taking of his property. No

counterclaim, cross-claim orthird-party complaint shall bealleged or allowed in the answeror any subsequent pleading.

A defendant waives all defensesand objections not so allegedbut the court, in the interest of

justice, may permitamendments to the answer tobe made not later than ten (10)days from the filing thereof.However, at the trial of theissue of just compensationwhether or not a defendant haspreviously appeared oranswered, he may presentevidence as to the amount ofthe compensation to be paid forhis property, and he may sharein the distribution of the award.

(n)

Section 4. Order ofexpropriation . — If theobjections to and the defensesagainst the right of the plaintiffto expropriate the property areoverruled, or when no partyappears to defend as requiredby this Rule, the court mayissue an order of expropriationdeclaring that the plaintiff has alawful right to take the propertysought to be expropriated, forthe public use or purposedescribed in the complaint, uponthe payment of justcompensation to be determinedas of the date of the taking ofthe property or the filing of thecomplaint, whichever came first.

A final order sustaining the rightto expropriate the property maybe appealed by any partyaggrieved thereby. Such appeal,however, shall not prevent thecourt from determining the just

compensation to be paid.

After the rendition of such anorder, the plaintiff shall not bepermitted to dismiss or

discontinue the proceedingexcept on such terms as thecourt deems just and equitable.(4a)

Section 5. Ascertainment ofcompensation . — Upon therendition of the order ofexpropriation, the court shallappoint not more than three (3)competent and disinterestedpersons as commissioners toascertain and report to the courtthe just compensation for theproperty sought to be taken.The order of appointment shalldesignate the time and place ofthe first session of the hearingto be held by the commissionersand specify the time withinwhich their report shall be

submitted to the court.Copies of the order shall beserved on the parties.Objections to the appointmentof any of the commissionersshall be filed with the courtwithin ten (10) days fromservice, and shall be resolvedwithin thirty (30) days after allthe commissioners shall have

received copies of theobjections. (5a)

Section 6. Proceedings bycommissioners . — Beforeentering upon the performanceof their duties, thecommissioners shall take andsubscribe an oath that they willfaithfully perform their duties ascommissioners, which oath shallbe filed in court with the otherproceedings in the case.Evidence may be introduced byeither party before thecommissioners who areauthorized to administer oathson hearings before them, and



the commissioners shall, unlessthe parties consent to thecontrary, after due notice to theparties, to attend, view andexamine the property sought to

be expropriated and itssurroundings, and may measurethe same, after which eitherparty may, by himself orcounsel, argue the case. Thecommissioners shall assess theconsequential damages to theproperty not taken and deductfrom such consequentialdamages the consequentialbenefits to be derived by theowner from the public use orpurpose of the property taken,the operation of its franchise bythe corporation or the carryingon of the business of thecorporation or person taking theproperty. But in no case shallthe consequential benefitsassessed exceed theconsequential damages

assessed, or the owner bedeprived of the actual value ofhis property so taken. (6a)

Section 7. Report bycommissioners and judgmentthereupon . — The court mayorder the commissioners toreport when any particularportion of the real estate shallhave been passed upon bythem, and may render

judgment upon such partialreport, and direct thecommissioners to proceed withtheir work as to subsequentportions of the property soughtto be expropriated, and mayfrom time to time so deal withsuch property. Thecommissioners shall make a full

and accurate report to the courtof all their proceedings, andsuch proceedings shall not beeffectual until the court shallhave accepted their report andrendered judgment inaccordance with their

recommendations. Except asotherwise expressly ordered bythe court, such report shall befiled within sixty (60) days fromthe date the commissioners

were notified of theirappointment, which time maybe extended in the discretion ofthe court. Upon the filing ofsuch report, the clerk of thecourt shall serve copies thereofon all interested parties, withnotice that they are allowed ten(10) days within which to fileobjections to the findings of thereport, if they so desire. (7a)

Section 8. Action uponcommissioners ' report . — Uponthe expiration of the period often (10) days referred to in thepreceding section, or evenbefore the expiration of suchperiod but after all theinterested parties have filedtheir objections to the report or

their statement of agreementtherewith, the court may, afterhearing, accept the report andrender judgment in accordancetherewith, or, for cause shown,it may recommit the same tothe commissioners for furtherreport of facts, or it may setaside the report and appointnew commissioners; or it mayaccept the report in part andreject it in part and it may makesuch order or render such

judgment as shall secure to theplaintiff the property essentialto the exercise of his right ofexpropriation, and to thedefendant just compensation forthe property so taken. (8a)

Section 9. Uncertain

ownership ; conflicting claims . — If the ownership of the propertytaken is uncertain, or there areconflicting claims to any partthereof, the court may orderany sum or sums awarded ascompensation for the property



to be paid to the court for thebenefit of the person adjudgedin the same proceeding to beentitled thereto. But the

judgment shall require the

payment of the sum or sumsawarded to either the defendantor the court before the plaintiffcan enter upon the property, orretain it for the public use orpurpose if entry has alreadybeen made. (9a)

Section 10. Rights of plaintiffafter judgment and payment . — Upon payment by the plaintiff tothe defendant of thecompensation fixed by the

judgment, with legal interestthereon from the taking of thepossession of the property, orafter tender to him of theamount so fixed and payment ofthe costs, the plaintiff shall havethe right to enter upon theproperty expropriated and to

appropriate it for the public useor purpose defined in the

judgment, or to retain it shouldhe have taken immediatepossession thereof under theprovisions of section 2 hereof. Ifthe defendant and his counselabsent themselves from thecourt, or decline to receive theamount tendered, the sameshall be ordered to be depositedin court and such deposit shallhave the same effect as actualpayment thereof to thedefendant or the personultimately adjudged entitledthereto. (10a)

Section 11. Entry not delayedby appeal ; effect of reversal . — The right of the plaintiff to enter

upon the property of thedefendant and appropriate thesame for public use or purposeshall not be delayed by anappeal from the judgment. Butif the appellate court determinesthat plaintiff has no right of

expropriation, judgment shall berendered ordering the RegionalTrial Court to forthwith enforcethe restoration to the defendantof the possession of the

property, and to determine thedamages which the defendantsustained and may recover byreason of the possession takenby the plaintiff. (11a)

Section 12. Costs, by whom paid . — The fees of thecommissioners shall be taxed asa part of the costs of theproceedings. All costs, exceptthose of rival claimants litigatingtheir claims, shall be paid by theplaintiff, unless an appeal istaken by the owner of theproperty and the judgment isaffirmed, in which event thecosts of the appeal shall be paidby the owner. (12a)

Section 13. Recording

judgment , and its effect .—

The judgment entered inexpropriation proceedings shallstate definitely, by an adequatedescription, the particularproperty or interest thereinexpropriated, and the nature ofthe public use or purpose forwhich it is expropriated. Whenreal estate is expropriated, acertified copy of such judgmentshall be recorded in the registryof deeds of the place in whichthe property is situated, and itseffect shall be to vest in theplaintiff the title to the realestate so described for suchpublic use or purpose. (13a)

Section 14. Power of guardianin such proceedings . — The

guardian or guardian ad litem ofa minor or of a person judiciallydeclared to be incompetentmay, with the approval of thecourt first had, do and performon behalf of his ward any act,matter, or thing respecting the



expropriation for public use orpurpose of property belongingto such minor or person

judicially declared to beincompetent, which such minor

or person judicially declared tobe incompetent could do in suchproceedings if he were of age orcompetent. (14a)

RULE 68

Foreclosure of Real EstateMortgage

Section 1. Complaint in actionfor foreclosure . — In an actionfor the foreclosure of amortgage or other encumbranceupon real estate, the complaintshall set forth the date and dueexecution of the mortgage; itsassignments, if any; the namesand residences of the mortgagorand the mortgagee; adescription of the mortgagedproperty; a statement of thedate of the note or otherdocumentary evidence of theobligation secured by themortgage, the amount claimedto be unpaid thereon; and thenames and residences of allpersons having or claiming aninterest in the property

subordinate in right to that ofthe holder of the mortgage, allof whom shall be madedefendants in the action. (1a)

Section 2. Judgment onforeclosure for payment or sale .— If upon the trial in suchaction the court shall find thefacts set forth in the complaintto be true, it shall ascertain theamount due to the plaintiff uponthe mortgage debt or obligation,including interest and othercharges as approved by thecourt, and costs, and shallrender judgment for the sum sofound due and order that the

same be paid to the court or tothe judgment obligee within aperiod of not less than ninety(90) days nor more than onehundred twenty (120) days

from the entry of judgment, andthat in default of such paymentthe property shall be sold atpublic auction to satisfy the

judgment. (2a)

Section 3. Sale of mortgaged property ; effect . — When thedefendant, after being directedto do so as provided in the nextpreceding section, fails to paythe amount of the judgmentwithin the period specifiedtherein, the court, upon motion,shall order the property to besold in the manner and underthe provisions of Rule 39 andother regulations governingsales of real estate underexecution. Such sale shall notaffect the rights of persons

holding prior encumbrancesupon the property or a partthereof, and when confirmed byan order of the court, also uponmotion, it shall operate to divestthe rights in the property of allthe parties to the action and tovest their rights in thepurchaser, subject to suchrights of redemption as may beallowed by law.

Upon the finality of the order ofconfirmation or upon theexpiration of the period ofredemption when allowed bylaw, the purchaser at theauction sale or lastredemptioner, if any, shall beentitled to the possession of theproperty unless a third party is

actually holding the sameadversely to the judgmentobligor. The said purchaser orlast redemptioner may secure awrit of possession, upon motion,from the court which orderedthe foreclosure. (3a)



Section 4. Disposition of proceeds of sale . — The amountrealized from the foreclosuresale of the mortgaged propertyshall, after deducting the costs

of the sale, be paid to theperson foreclosing themortgage, and when there shallbe any balance or residue, afterpaying off the mortgage debtdue, the same shall be paid to

junior encumbrancers in theorder of their priority, to beascertained by the court, or ifthere be no suchencumbrancers or there be abalance or residue afterpayment to them, then to themortgagor or his dulyauthorized agent, or to theperson entitled to it. (4a)

Section 5. How sale to proceedin case the debt is not all due .— If the debt for which themortgage or encumbrance was

held is not all due as provided inthe judgment as soon as asufficient portion of the propertyhas been sold to pay the totalamount and the costs due, thesale shall terminate; andafterwards as often as morebecomes due for principal orinterest and other valid charges,the court may, on motion, ordermore to be sold. But if theproperty cannot be sold inportions without prejudice tothe parties, the whole shall beordered to be sold in the firstinstance, and the entire debtand costs shall be paid, if theproceeds of the sale besufficient therefor, there being arebate of interest where suchrebate is proper. (5a)

Section 6. Deficiency judgment . — If upon the sale ofany real property as provided inthe next preceding section therebe a balance due to the plaintiffafter applying the proceeds of

the sale, the court, uponmotion, shall render judgmentagainst the defendant for anysuch balance for which, by therecord of the case, he may be

personally liable to the plaintiff,upon which execution may issueimmediately if the balance is alldue at the time of the renditionof the judgment; otherwise; theplaintiff shall be entitled toexecution at such time as thebalance remaining becomes dueunder the terms of the originalcontract, which time shall bestated in the judgment. (6a)

Section 7. Registration . — Acertified copy of the final orderof the court confirming the saleshall be registered in theregistry of deeds. If no right ofredemption exists, thecertificate of title in the name ofthe mortgagor shall becancelled, and a new one issued

in the name of the purchaser.

Where a right of redemptionexists, the certificate of title inthe name of the mortgagor shallnot be cancelled, but thecertificate of sale and the orderconfirming the sale shall beregistered and a briefmemorandum thereof made bythe registrar of deeds upon thecertificate of title. In the eventthe property is redeemed, thedeed of redemption shall beregistered with the registry ofdeeds, and a brief memorandumthereof shall be made by theregistrar of deeds on saidcertificate of title.

If the property is not redeemed,

the final deed of sale executedby the sheriff in favor of thepurchaser at the foreclosuresale shall be registered with theregistry of deeds; whereuponthe certificate of title in thename of the mortgagor shall be



cancelled and a new one issuedin the name of the purchaser.(n)

Section 8. Applicability of other

provisions . — The provisions ofsections 31, 32 and 34 of Rule39 shall be applicable to the

judicial foreclosure of real estatemortgages under this Ruleinsofar as the former are notinconsistent with or may serveto supplement the provisions ofthe latter. (8a)

RULE 69

Partition

Section 1. Complaint in actionfor partition of real estate . — Aperson having the right tocompel the partition of realestate may do so as provided inthis Rule, setting forth in hiscomplaint the nature and extentof his title and an adequatedescription of the real estate ofwhich partition is demanded and

joining as defendants all otherpersons interested in theproperty. (1a)

Section 2. Order for partitionand partition by agreement

thereunder .—

If after the trialthe court finds that the plaintiffhas the right thereto, it shallorder the partition of the realestate among all the parties ininterest. Thereupon the partiesmay, if they are able to agree,make the partition amongthemselves by properinstruments of conveyance, andthe court shall confirm thepartition so agreed upon by allthe parties, and such partition,together with the order of thecourt confirming the same, shallbe recorded in the registry ofdeeds of the place in which theproperty is situated. (2a)

A final order decreeing partitionand accounting may beappealed by any partyaggrieved thereby. (n)

Section 3. Commissioners tomake partition when parties failto agree . — If the parties areunable to agree upon thepartition, the court shall appointnot more than three (3)competent and disinterestedpersons as commissioners tomake the partition, commandingthem to set off to the plaintiffand to each party in interestsuch part and proportion of theproperty as the court shalldirect. (3a)

Section 4. Oath and duties ofcommissioners . — Beforemaking such partition; thecommissioners shall take andsubscribe an oath that they willfaithfully perform their duties as

commissioners, which oath shallbe filed in court with the otherproceedings in the case. Inmaking the partition, thecommissioners shall view andexamine the real estate, afterdue notice to the parties toattend at such view andexamination, and shall hear theparties as to their preference inthe portion of the property to beset apart to them and thecomparative value thereof, andshall set apart the same to theparties in lots or parcels as willbe most advantageous andequitable, having due regard tothe improvements, situation andquality of the different partsthereof. (4a)

Section 5. Assignment or saleof real estate by commissioners .— When it is made to appear tothe commissioners that the realstate, or a portion thereof,cannot be divided withoutprejudice to the interests of the



parties, the court may order itassigned to one of the partieswilling to take the same,provided he pays to the otherparties such amount as the

commissioners deem equitable,unless one of the interestedparties asks that the propertybe sold instead of being soassigned, in which case thecourt shall order thecommissioners to sell the realestate at public sale under suchconditions and within such timeas the court may determine.(5a)

Section 6. Report ofcommissioners ; proceedings notbinding until confirmed . — Thecommissioners shall make a fulland accurate report to the courtof all their proceedings as to thepartition, or the assignment ofreal estate to one of the parties,or the sale of the same. Upon

the filing of such report, theclerk of court shall serve copiesthereof on all the interestedparties with notice that they areallowed ten (10) days withinwhich to file objections to thefindings of the report, if they sodesire. No proceeding hadbefore or conducted by thecommissioners and rendered

judgment thereon. (6a)

Section 7. Action of the courtupon commissioners report . — Upon the expiration of theperiod of ten (10) days referredto in the preceding section oreven before the expiration ofsuch period but after theinterested parties have filedtheir objections to the report or

their statement of agreementtherewith the court may, uponhearing, accept the report andrender judgment in accordancetherewith, or, for cause shownrecommit the same to thecommissioners for further report

of facts; or set aside the reportand appoint newcommissioners; or accept thereport in part and reject it inpart; and may make such order

and render such judgment asshall effectuate a fair and justpartition of the real estate, or ofits value, if assigned or sold asabove provided, between theseveral owners thereof. (7)

Section 8. Accounting for rentand profits in action for

partition . — In an action forpartition in accordance with thisRule, a party shall recover fromanother his just share of rentsand profits received by suchother party from the real estatein question, and the judgmentshall include an allowance forsuch rents and profits. (8a)

Section 9. Power of guardian insuch proceedings . — The

guardian or guardian ad litem ofa minor or person judiciallydeclared to be incompetentmay, with the approval of thecourt first had, do and performon behalf of his ward any act,matter, or thing respecting thepartition of real estate, whichthe minor or person judiciallydeclared to be incompetentcould do in partition proceedingsif he were of age or competent.(9a)

Section 10. Costs andexpenses to be taxed andcollected . — The court shallequitably tax and apportionbetween or among the partiesthe costs and expenses whichaccrue in the action, including

the compensation of thecommissioners, having regardto the interests of the parties,and execution may issuetherefor as in other cases. (10a)

Section 11. The judgment andits effect ; copy to be recorded in



registry of deeds . — If actualpartition of property is made,the judgment shall statedefinitely, by metes and boundsand adequate description, the

particular portion of the realestate assigned to each party,and the effect of the judgmentshall be to vest in each party tothe action in severalty theportion of the real estateassigned to him. If the wholeproperty is assigned to one ofthe parties upon his paying tothe others the sum or sumsordered by the court, the

judgment shall state the fact ofsuch payment and of theassignment of the real estate tothe party making the payment,and the effect of the judgmentshall be to vest in the partymaking the payment the wholeof the real estate free from anyinterest on the part of the otherparties to the action. If the

property is sold and the saleconfirmed by the court, the

judgment shall state the nameof the purchaser or purchasersand a definite description of theparcels of real estate sold toeach purchaser, and the effectof the judgment shall be to vestthe real estate in the purchaseror purchasers making the

payment or payments, free fromthe claims of any of the partiesto the action. A certified copy ofthe judgment shall in eithercase be recorded in the registryof deeds of the place in whichthe real estate is situated, andthe expenses of such recordingshall be taxed as part of thecosts of the action. (11a)

Section 12. Neither paramountrights nor amicable partitionaffected by this Rule . — Nothingin this Rule contained shall beconstrued so as to prejudice,defeat, or destroy the right ortitle of any person claiming the

real estate involved by titleunder any other person, or bytitle paramount to the title ofthe parties among whom thepartition may have been made,

nor so as to restrict or preventpersons holding real estate

jointly or in common frommaking an amicable partitionthereof by agreement andsuitable instruments ofconveyance without recourse toan action. (12a)

Section 13. Partition of personal property . — Theprovisions of this Rule shallapply to partitions of estatescomposed of personal property,or of both real and personalproperty, in so far as the samemay be applicable. (13)

RULE 70

Forcible Entry and UnlawfulDetainer

Section 1. Who may institute proceedings , and when . — Subject to the provisions of thenext succeeding section, aperson deprived of thepossession of any land orbuilding by force, intimidation,

threat, strategy, or stealth, or alessor, vendor, vendee, or otherperson against whom thepossession of any land orbuilding is unlawfully withheldafter the expiration ortermination of the right to holdpossession, by virtue of anycontract, express or implied, orthe legal representatives orassigns of any such lessor,vendor, vendee, or otherperson, may, at any time withinone (1) year after such unlawfuldeprivation or withholding ofpossession, bring an action inthe proper Municipal Trial Courtagainst the person or persons



unlawfully withholding ordepriving of possession, or anyperson or persons claimingunder them, for the restitutionof such possession, together

with damages and costs. (1a)

Section 2. Lessor to proceedagainst lessee only afterdemand . — Unless otherwisestipulated, such action by thelesser shall be commenced onlyafter demand to pay or complywith the conditions of the leaseand to vacate is made upon thelessee, or by serving writtennotice of such demand upon theperson found on the premises ifno person be found thereon,and the lessee fails to complytherewith after fifteen (15) daysin the case of land or five (5)days in the case of buildings.(2a)

Section 3. Summary

procedure .—

Except in casescovered by the agriculturaltenancy laws or when the lawotherwise expressly provides, allactions for forcible entry andunlawful detainer, irrespectiveof the amount of damages orunpaid rentals sought to berecovered, shall be governed bythe summary procedurehereunder provided. (n)

Section 4. Pleadings allowed .— The only pleadings allowed tobe filed are the complaint,compulsory counterclaim andcross-claim pleaded in theanswer, and the answersthereto. All pleadings shall beverified. (3a, RSP)

Section 5. Action on complaint .— The court may, from anexamination of the allegations inthe complaint and suchevidence as may be attachedthereto, dismiss the caseoutright on any of the groundsfor the dismissal of a civil action

which are apparent therein. Ifno ground for dismissal isfound, it shall forthwith issuesummons. (n)

Section 6. Answers . — Withinten (10) days from service ofsummons, the defendant shallfile his answer to the complaintand serve a copy thereof on theplaintiff. Affirmative andnegative defenses not pleadedtherein shall be deemed waived,except lack of jurisdiction overthe subject matter. Cross-claimsand compulsory counterclaimsnot asserted in the answer shallbe considered barred. Theanswer to counterclaims orcross-claims shall be served andfiled within ten (10) days fromservice of the answer in whichthey are pleaded. (5 RSP)

Section 7. Effect of failure toanswer . — Should the defendant

fail to answer the complaintwithin the period aboveprovided, the court, motu

proprio or on motion of theplaintiff, shall render judgmentas may be warranted by thefacts alleged in the complaintand limited to what is prayed fortherein. The court may in itsdiscretion reduce the amount ofdamages and attorney's feesclaimed for being excessive orotherwise unconscionable,without prejudice to theapplicability of section 3 (c),Rule 9 if there are two or moredefendants. (6, RSP)

Section 8. Preliminaryconference ; appearance of

parties . — Not later than thirty

(30) days after the last answeris filed, a preliminary conferenceshall be held. The provisions ofRule 18 on pre-trial shall beapplicable to the preliminaryconference unless inconsistentwith the provisions of this Rule.



The failure of the plaintiff toappear in the preliminaryconference shall be cause forthe dismissal of his complaint.The defendant who appears in

the absence of the plaintiff shallbe entitled to judgment on hiscounterclaim in accordance withthe next preceding section. Allcross-claims shall be dismissed.(7, RSP)

If a sole defendant shall fail toappear, the plaintiff shalllikewise be entitled to judgmentin accordance with the nextpreceding section. Thisprocedure shall not apply whereone of two or more defendantssued under a common cause ofaction defense shall appear atthe preliminary conference.

No postponement of thepreliminary conference shall begranted except for highly

meritorious grounds and withoutprejudice to such sanctions asthe court in the exercise ofsound discretion may impose onthe movant. (n)

Section 9. Record of preliminary conference . — Within five (5) days after thetermination of the preliminaryconference, the court shall issue

an order stating the matterstaken up therein, including butnot limited to:

1. Whether the parties havearrived at an amicablesettlement, and if so, the termsthereof;

2. The stipulations oradmissions entered into by theparties;

3. Whether, on the basis of thepleadings and the stipulationsand admission made by theparties, judgment may berendered without the need of

further proceedings, in whichevent the judgment shall berendered within thirty (30) daysfrom issuance of the order;

4. A clear specification ofmaterial facts which remainconverted; and

5. Such other matters intendedto expedite the disposition ofthe case. (8, RSP)

Section 10. Submission ofaffidavits and position papers .— Within ten (10) days from

receipt of the order mentionedin the next preceding section,the parties shall submit theaffidavits of their witnesses andother evidence on the factualissues defined in the order,together with their positionpapers setting forth the law andthe facts relied upon by them.(9, RSP)

Section 11. Period for renditionof judgment . — Within thirty(30) days after receipt of theaffidavits and position papers,or the expiration of the periodfor filing the same, the courtshall render judgment.

However, should the court findit necessary to clarify certain

material facts, during the saidperiod, issue an order specifyingthe matters to be clarified, andrequire the parties to submitaffidavits or other evidence onthe said matters within ten (10)days from receipt of said order.Judgment shall be renderedwithin fifteen (15) days after thereceipt of the last affidavit orthe expiration of the period forfiling the same.

The court shall not resort to theforegoing procedure just to gaintime for the rendition of the

judgment. (n)



Section 12. Referral forconciliation . — Cases requiringreferral for conciliation, wherethere is no showing ofcompliance with such

requirement, shall be dismissedwithout prejudice, and may berevived only after thatrequirement shall have beencomplied with. (18a, RSP)

Section 13. Prohibited pleadings and motions . — Thefollowing petitions, motions, orpleadings shall not be allowed:

1. Motion to dismiss thecomplaint except on the groundof lack of jurisdiction over thesubject matter, or failure tocomply with section 12;

2. Motion for a bill ofparticulars;

3. Motion for new trial, or forreconsideration of a judgment,or for reopening of trial;

4. Petition for relief from judgment;

5. Motion for extension of timeto file pleadings, affidavits orany other paper;

6. Memoranda;

7. Petition for certiorari ,mandamus , or prohibitionagainst any interlocutory orderissued by the court;

8. Motion to declare thedefendant in default;

9. Dilatory motions forpostponement;

10. Reply;

11. Third-party complaints;

12. Interventions. (19a, RSP)

Section 14. Affidavits . — The

affidavits required to besubmitted under this Rule shallstate only facts of directpersonal knowledge of theaffiants which are admissible in

evidence, and shall show theircompetence to testify to thematters stated therein.

A violation of this requirementmay subject the party or thecounsel who submits the sameto disciplinary action, and shallbe cause to expunge theinadmissible affidavit or portionthereof from the record. (20,RSP)

Section 15. Preliminaryinjunction . — The court maygrant preliminary injunction, inaccordance with the provisionsof Rule 58 hereof, to preventthe defendant from committingfurther acts of dispossessionagainst the plaintiff.

A possessor deprived of hispossession through forcible fromthe filing of the complaint,present a motion in the actionfor forcible entry or unlawfuldetainer for the issuance of awrit of preliminary mandatoryinjunction to restore him in hispossession. The court shalldecide the motion within thirty

(30) days from the filingthereof. (3a)

Section 16. Resolving defenseof ownership . — When thedefendant raises the defense ofownership in his pleadings andthe question of possessioncannot be resolved withoutdeciding the issue of ownership,the issue of ownership shall beresolved only to determine theissue of possession. (4a)

Section 17. Judgment . — Ifafter trial court finds that theallegations of the complaint aretrue, it shall render judgment in



favor of the plaintiff for therestitution of the premises, thesum justly due as arrears ofrent or as reasonablecompensation for the use and

occupation of the premises,attorney's fees and costs. If acounterclaim is established, thecourt shall render judgment forthe sum found in arrears fromeither party and award costs as

justice requires. (6a)

Section 18. Judgmentconclusive only on possession ;not conclusive in actionsinvolving title or ownership . — The judgment rendered in anaction for forcible entry ordetainer shall be conclusive withrespect to the possession onlyand shall in no wise bind thetitle or affect the ownership ofthe land or building. Such

judgment shall not bar an actionbetween the same parties

respecting title to the land orbuilding.

The judgment or final ordershall be appealable to theappropriate Regional Trial Courtwhich shall decide the same onthe basis of the entire record ofthe proceedings had in the courtof origin and such memorandaand/or briefs as may besubmitted by the parties orrequired by the Regional TrialCourt. (7a)

Section 19. Immediateexecution of judgment ; how tostay same . — If judgment isrendered against the defendant,execution shall issueimmediately upon motion unless

an appeal has been perfectedand the defendant to stayexecution files a sufficientsupersedeas bond, approved bythe Municipal Trial Court andexecuted in favor of the plaintiffto pay the rents, damages, and

costs accruing down to the timeof the judgment appealed from,and unless, during the pendencyof the appeal, he deposits withthe appellate court the amount

of rent due from time to timeunder the contract, if any, asdetermined by the judgment ofthe Municipal Trial Court. In theabsence of a contract, he shalldeposit with the Regional TrialCourt the reasonable value ofthe use and occupation of thepremises for the precedingmonth or period at the ratedetermined by the judgment ofthe lower court on or before thetenth day of each succeedingmonth or period. Thesupersedeas bond shall betransmitted by the MunicipalTrial Court, with the papers, tothe clerk of the Regional TrialCourt to which the action isappealed.

All amounts so paid to theappellate court shall bedeposited with said court orauthorized governmentdepositary bank, and shall beheld there until the finaldisposition of the appeal, unlessthe court, by agreement of theinterested parties, or in theabsence of reasonable groundsof opposition to a motion towithdraw, or for justifiablereasons, shall decree otherwise.Should the defendant fail tomake the payments aboveprescribed from time to timeduring the pendency of theappeal, the appellate court,upon motion of the plaintiff, andupon proof of such failure, shallorder the execution of the

judgment appealed from withrespect to the restoration ofpossession, but such executionshall not be a bar to the appealtaking its course until the finaldisposition thereof on themerits.



After the case is decided by theRegional Trial Court, any moneypaid to the court by thedefendant for purposes of thestay of execution shall be

disposed of in accordance withthe provisions of the judgmentof the Regional Trial Court. Inany case wherein it appears thatthe defendant has beendeprived of the lawfulpossession of land or buildingpending the appeal by virtue ofthe execution of the judgmentof the Municipal Trial Court,damages for such deprivation ofpossession and restoration ofpossession and restoration ofpossession may be allowed thedefendant in the judgment ofthe Regional Trial Courtdisposing of the appeal. (8a)

Section 20. Preliminarymandatory injunction in case ofappeal . — Upon motion of the

plaintiff, within ten (10) daysfrom the perfection of theappeal to the Regional TrialCourt, the latter may issue awrit of preliminary mandatoryinjunction to restore the plaintiffin possession if the court issatisfied that the defendant'sappeal is frivolous or dilatory orthat the appeal of the plaintiff is

prima facie meritorious. (9a)

Section 21. Immediateexecution on appeal to Court of

Appeals or Supreme Court . — The judgment of the RegionalTrial Court against thedefendant shall be immediatelyexecutory, without prejudice toa further appeal that may betaken therefrom. (10a)

RULE 71

Contempt

Section 1. Direct contempt

punished summarily . — Aperson guilty of misbehavior inthe presence of or so near acourt as to obstruct or interruptthe proceedings before the

same, including disrespecttoward the court, offensivepersonalities toward others, orrefusal to be sworn or to answeras a witness, or to subscribe anaffidavit or deposition whenlawfully required to do so, maybe summarily adjudged incontempt by such court andpunished by a fine notexceeding two thousand pesosor imprisonment not exceedingten (10) days, or both, if it be aRegional Trial Court or a courtof equivalent or higher rank, orby a fine not exceeding twohundred pesos or imprisonmentnot exceeding one (1) day, orboth, if it be a lower court. (1a)

Section 2. Remedy therefrom .

— The person adjudged in directcontempt by any court may notappeal therefrom, but may availhimself of the remedies ofcertiorari or prohibition. Theexecution of the judgment shallbe suspended pendingresolution of such petition,provided such person files abond fixed by the court whichrendered the judgment andconditioned that he will abide byand perform the judgmentshould the petition be decidedagainst him. (2a)

Section 3. Indirect contempt tobe punished after charge andhearing . — After a charge inwriting has been filed, and anopportunity given to the

respondent to comment thereonwithin such period as may befixed by the court and to beheard by himself or counsel, aperson guilty of any of thefollowing acts may be punishedfor indirect contempt;



(a) Misbehavior of an officer of acourt in the performance of hisofficial duties or in his officialtransactions;

(b) Disobedience of orresistance to a lawful writ,process, order, or judgment of acourt, including the act of aperson who, after beingdispossessed or ejected fromany real property by the

judgment or process of anycourt of competent jurisdiction,enters or attempts or inducesanother to enter into or uponsuch real property, for thepurpose of executing acts ofownership or possession, or inany manner disturbs thepossession given to the personadjudged to be entitled thereto;

(c) Any abuse of or any unlawfulinterference with the processesor proceedings of a court not

constituting direct contemptunder section 1 of this Rule;

(d) Any improper conducttending, directly or indirectly, toimpede, obstruct, or degradethe administration of justice;

(e) Assuming to be an attorneyor an officer of a court, andacting as such without

authority;

(f) Failure to obey a subpoenaduly served;

(g) The rescue, or attemptedrescue, of a person or propertyin the custody of an officer byvirtue of an order or process ofa court held by him.

But nothing in this section shallbe so construed as to preventthe court from issuing processto bring the respondent intocourt, or from holding him incustody pending suchproceedings. (3a)

Section 4. How proceedingscommenced . — Proceedings forindirect contempt may beinitiated motu propio by thecourt against which the

contempt was committed by anorder or any other formalcharge requiring the respondentto show cause why he shouldnot be punished for contempt.

In all other cases, charges forindirect contempt shall becommenced by a verifiedpetition with supportingparticulars and certified truecopies of documents or papersinvolved therein, and upon fullcompliance with therequirements for filing initiatorypleadings for civil actions in thecourt concerned. If thecontempt charges arose out ofor are related to a principalaction pending in the court, thepetition for contempt shall

allege that fact but said petitionshall be docketed, heard anddecided separately, unless thecourt in its discretion orders theconsolidation of the contemptcharge and the principal actionfor joint hearing and decision.(n)

Section 5. Where charge to befiled . — Where the charge forindirect contempt has beencommitted against a RegionalTrial Court or a court ofequivalent or higher rank, oragainst an officer appointed byit, the charge may be filed withsuch court. Where suchcontempt has been committedagainst a lower court, thecharge may be filed with the

Regional Trial Court of the placein which the lower court issitting; but the proceedings mayalso be instituted in such lowercourt subject to appeal to theRegional Trial Court of suchplace in the same manner as



provided in section 11 of thisRule. (4a; Bar Matter No. 803,21 July 1998)

Section 6. Hearing ; release on

bail . — If the hearing is notordered to be had forthwith, therespondent may be releasedfrom custody upon filing a bond,in an amount fixed by the court,for his appearance at thehearing of the charge. On theday set therefor, the court shallproceed to investigate thecharge and consider suchcomment, testimony or defenseas the respondent may make oroffer. (5a)

Section 7. Punishment forindirect contempt . — If therespondent is adjudged guilty ofindirect contempt committedagainst a Regional Trial Court ora court of equivalent or higherrank, he may be punished by a

fine not exceeding thirtythousand pesos orimprisonment not exceeding six(6) months, or both. If he isadjudged guilty of contemptcommitted against a lowercourt, he may be punished by afine not exceeding five thousandpesos or imprisonment notexceeding one (1) month, orboth. If the contempt consists inthe violation of a writ ofinjunction, temporaryrestraining order or status quo order, he may also be orderedto make complete restitution tothe party injured by suchviolation of the propertyinvolved or such amount as maybe alleged and proved.

The writ of execution, as inordinary civil actions, shall issuefor the enforcement of a

judgment imposing a fine unlessthe court otherwise provides.(6a)

Section 8. Imprisonment until

order obeyed . — When thecontempt consists in the refusalor omission to do an act whichis yet in the power of therespondent to perform, he may

be imprisoned by order of thecourt concerned until heperforms it. (7a)

Section 9. Proceeding when party released on bail fails toanswer . — When a respondentreleased on bail fails to appearon the day fixed for the hearing,the court may issue anotherorder of arrest or may order thebond for his appearance to beforfeited and confiscated, orboth; and, if the bond beproceeded against, the measureof damages shall be the extentof the loss or injury sustainedby the aggrieved party byreason of the misconduct forwhich the contempt charge wasprosecuted, with the costs of

the proceedings, and suchrecovery shall be for the benefitof the party injured. If there isno aggrieved party, the bondshall be liable and disposed ofas in criminal cases. (8a)

Section 10. Court may releaserespondent . — The court whichissued the order imprisoning aperson for contempt maydischarge him fromimprisonment when it appearsthat public interest will not beprejudiced by his release. (9a)

Section 11. Review of judgment or final order ; bondfor stay . — The judgment orfinal order of a court in a case ofindirect contempt may be

appealed to the proper court asin criminal cases. But executionof the judgment or final ordershall not be suspended until abond is filed by the personadjudged in contempt, in anamount fixed by the court from



which the appeal is taken,conditioned that if the appeal bedecided against him he willabide by and perform the

judgment or final order. (10a)

Section 12. Contempt againstquasi-judicial entities . — Unlessotherwise provided by law, thisRule shall apply to contemptcommitted against persons,entities, bodies or agenciesexercising quasi-judicialfunctions, or shall havesuppletory effect to such rulesas they may have adoptedpursuant to authority granted tothem by law to punish forcontempt. The Regional TrialCourt of the place wherein thecontempt has been committedshall have jurisdiction over suchcharges as may be filedtherefor. (n)

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