Civpro Codal

7/27/2019 Civpro Codal

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RULE 1

General Provisions

Section 1.Title of the Rules. TheseRule shall be known and cited as theRules of Court. (1)

Section 2. In what courts applicable. These Rules shall apply in all the

courts, except as otherwise providedby the upre!e Court. (n)

Section 3.Cases governed. TheseRules shall "overn the procedure to beobserved in actions, civil or cri!inaland special proceedin"s.

(a) # civil action is one bywhich a party sues anotherfor the enforce!ent orprotection of a ri"ht, or theprevention or redress of awron", (1a, R$)

# civil action !ay either beordinary or special. %oth are"overned by the rules forordinary civil actions, sub&ectto the specific rulesprescribed for a special civilaction. (n)

(b) # cri!inal action is one bywhich the tate prosecutes aperson for an act or o!issionpunishable by law. (n)

(c) # special proceedin" is are!edy by which a partyseeks to establish a status, ari"ht, or a particular fact. ($a,R$)

Section 4. In what case notapplicable. These Rules shall notapply to election cases, landre"istration, cadastral, naturali'ationand insolvency proceedin"s, and othercases not herein provided for, exceptby analo"y or in a suppletory characterand whenever practicable and

convenient. (R1a)

Section 5. Commencement of action. # civil action is co!!enced by thefilin" of the ori"inal co!plaint in court.*f an additional defendant is i!pleadedin a later pleadin", the action isco!!enced with re"ard to hi! on thedated of the filin" of such laterpleadin", irrespective of whether the!otion for its ad!ission, if necessary,is denied by the court. (+a)

Section 6. Construction. TheseRules shall be liberally construed inorder to pro!ote their ob&ective ofsecurin" a &ust, speedy andinexpensive disposition of every actionand proceedin". ($a)

Civil Actions

Ordinary Civil Actions

RULE 2

Case o! Action

Section 1.Ordinary civil actions,basisof. very ordinary civil action !ustbe based on a cause of action. (n)

Section 2. Cause of action, defined. # cause of action is the act oro!ission by which a party violates ari"ht of another. (n)

Section 3.One suit for a single causeof action. # party !ay not institute!ore than one suit for a sin"le causeof action. (a)

Section 4. Splitting a single cause ofaction-effect of. *f two or !ore suitsare instituted on the basis of the sa!ecause of action, the filin" of one or a

&ud"!ent upon the !erits in any one isavailable as a "round for the dis!issalof the others. (a)

Section 5.Joinder of causes of action. # party !ay in one pleadin" assert,in the alternative or otherwise, as!any causes of action as he !ay havea"ainst an opposin" party, sub&ect tothe followin" conditions

(a) The party &oinin" thecauses of action shall co!plywith the rules on &oinder ofparties-

(b) The &oinder shall notinclude special civil actions or

actions "overned by specialrules-

(c) /here the causes ofaction are between the sa!eparties but pertain to differentvenues or &urisdictions, the

&oinder !ay be allowed in theRe"ional Trial Court providedone of the causes of actionfalls within the &urisdiction ofsaid court and the venue liestherein- and

(d) /here the clai!s in all thecauses action are principallyfor recovery of !oney, thea""re"ate a!ount clai!edshall be the test o

&urisdiction. (0a)

Section 6. Misoinder of causes oaction. is&oinder of causes oaction is not a "round for dis!issal o

an action. # !is&oined cause of action!ay, on !otion of a party or on theinitiative of the court, be severed andproceeded with separately. (n)

RULE 3

Parties to Civil Actions

Section 1. !ho may be partiesplaintiff and defendant. 2nly naturaor &uridical persons, or entities

authori'ed by law !ay be parties in acivil action. The ter! 3plaintiff3 !ayrefer to the clai!in" party, the counterclai!ant, the cross4clai!ant, or thethird (fourth, etc.) party plaintiff. Theter! 3defendant3 !ay refer to theori"inal defendin" party, the defendanin a counter4clai!, the crossdefendant, or the third (fourth, etc.) party defendant. (1a)

Section 2."arties in interest. # reaparty in interest is the party whostands to be benefited or in&ured by the

&ud"!ent in the suit, or the partyentitled to the avails of the suit. 5nlessotherwise authori'ed by law or theseRules, every action !ust beprosecuted or defended in the na!e othe real party in interest. ($a)

Section 3.Representatives as parties /here the action is allowed to beprosecuted and defended by arepresentative or so!eone actin" in afiduciary capacity, the beneficiary shalbe included in the title of the case andshall be dee!ed to be the reaproperty in interest. # representative!ay be a trustee of an expert trust, a"uardian, an executor or ad!inistratoror a party authori'ed by law or theseRules. #n a"ent actin" in his ownna!e and for the benefit of anundisclosed principal !ay sue or besued without &oinin" the principaexcept when the contract involvesthin"s belon"in" to the principal. (a)

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Section 4. Spouses as parties. 6usband and wife shall sue or be sued

&ointly, except as provided by law. (a)

Section 5. Minor or incompetentpersons. # !inor or a personalle"ed to be inco!petent, !ay sue orbe sued with the assistance of hisfather, !other, "uardian, or if he hasnone, a "uardian ad litem. (0a)

Section 6. "ermissive oinder ofparties. #ll persons in who! ora"ainst who! any ri"ht to relief inrespect to or arisin" out of the sa!etransaction or series of transactions isalle"ed to exist, whether &ointly,severally, or in the alternative, !ay,except as otherwise provided in theseRules, &oin as plaintiffs or be &oined asdefendants in one co!plaint, whereany 7uestion of law or fact co!!on toall such plaintiffs or to all suchdefendants !ay arise in the action- butthe court !ay !ake such orders as

!ay be &ust to prevent any plaintiff ordefendant fro! bein" e!barrassed orput to expense in connection with anyproceedin"s in which he !ay have nointerest. (+n)

Section ". Compulsory oinder ofindispensable parties. 8arties ininterest without who! no finaldeter!ination can be had of an actionshall be &oined either as plaintiffs ordefendants. (9)

Section #. #ecessary party. #

necessary party is one who is notindispensable but who ou"ht to be

&oined as a party if co!plete relief is tobe accorded as to those alreadyparties, or for a co!pletedeter!ination or settle!ent of theclai! sub&ect of the action. (:a)

Section $. #on$oinder of necessaryparties to be pleaded. /henever inany pleadin" in which a clai! isasserted a necessary party is not

&oined, the pleader shall set forth hisna!e, if known, and shall state why he

is o!itted. hould the court find thereason for the o!ission un!eritorious,it !ay order the inclusion of theo!itted necessary party if &urisdictionover his person !ay be obtained.

The failure to co!ply with the order forhis inclusion, without &ustifiable cause,shall be dee!ed a waiver of the clai!a"ainst such party.

The non4inclusion of a necessary partydoes not prevent the court fro!

proceedin" in the action, and the&ud"!ent rendered therein shall bewithout pre&udice to the ri"hts of suchnecessary party. (:a, ;a)

Section 1%.%nwilling co$plaintiff. *fthe consent of any party who shouldbe &oined as plaintiff can not beobtained, he !ay be !ade adefendant and the reason therefor

shall be stated in the co!plaint. (1


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reasonable notice of the applicationtherefor and accorded an opportunityto be heard. (1:a)

Section 1#. Incompetency orincapacity. *f a party beco!esinco!petent or incapacitated, thecourt, upon !otion with notice, !ayallow the action to be continued by ora"ainst the inco!petent or

incapacitated person assisted by hisle"al "uardian or "uardian ad litem.(1;a)

Section 1$.Transfer of interest. *ncase of any transfer of interest, theaction !ay be continued by or a"ainstthe ori"inal party, unless the courtupon !otion directs the person towho! the interest is transferred to besubstituted in the action or &oined withthe ori"inal party. ($


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#n answer !ay be responded to by areply. (n)

Section 3. Complaint. Theco!plaint is the pleadin" alle"in" theplaintiffBs cause or causes of action.The na!es and residences of theplaintiff and defendant !ust be statedin the co!plaint. (a)

Section 4.&nswer. #n answer is apleadin" in which a defendin" partysets forth his defenses. (a)

Section 5. )efenses. efenses!ay either be ne"ative or affir!ative.

(a) # ne"ative defense is thespecific denial of the !aterialfact or facts alle"ed in thepleadin" of the clai!antessential to his cause orcauses of action.

(b) #n affir!ative defense isan alle"ation of a new !atterwhich, while hypotheticallyad!ittin" the !aterialalle"ations in the pleadin" ofthe clai!ant, wouldnevertheless prevent or barrecovery by hi!. Theaffir!ative defenses includefraud, statute of li!itations,release, pay!ent, ille"ality,statute of frauds, estoppel,for!er recovery, dischar"e inbankruptcy, and any other!atter by way of confessionand avoidance. (0a)

Section 6. Counterclaim. #counterclai! is any clai! which adefendin" party !ay have a"ainst anopposin" party. (+a)

Section ". Compulsory counterclaim. # co!pulsory counterclai! is onewhich, bein" co"ni'able by the re"ularcourts of &ustice, arises out of or isconnected with the transaction oroccurrence constitutin" the sub&ect!atter of the opposin" partyBs clai!and does not re7uire for itsad&udication the presence of thirdparties of who! the court cannotac7uire &urisdiction. uch acounterclai! !ust be within the

&urisdiction of the court both as to thea!ount and the nature thereof, exceptthat in an ori"inal action before theRe"ional Trial Court, the counter4clai!!ay be considered co!pulsoryre"ardless of the a!ount. (n)

Section #. Cross$claim. # cross4clai! is any clai! by one party a"ainsta co4party arisin" out of the transactionor occurrence that is the sub&ect !attereither of the ori"inal action or of acounterclai! therein. uch cross4clai!!ay include a clai! that the partya"ainst who! it is asserted is or !aybe liable to the cross4clai!ant for all orpart of a clai! asserted in the actiona"ainst the cross4clai!ant. (9)

Section $.Counter$counterclaims andcounter$crossclaims. # counter4clai! !ay be asserted a"ainst anori"inal counter4clai!ant.

# cross4clai! !ay also be filed a"ainstan ori"inal cross4clai!ant. (n)

Section 1%. Reply. # reply is apleadin", the office or function of whichis to deny, or alle"e facts in denial oravoidance of new !atters alle"ed by

way of defense in the answer andthereby &oin or !ake issue as to suchnew !atters. *f a party does not filesuch reply, all the new !atters alle"edin the answer are dee!edcontroverted.

*f the plaintiff wishes to interpose anyclai!s arisin" out of the new !attersso alle"ed, such clai!s shall be setforth in an a!ended or supple!entalco!plaint. (11)

Section 11.Third- fourth- etc./0partycomplaint. # third (fourth, etc.) party co!plaint is a clai! that adefendin" party !ay, with leave ofcourt, file a"ainst a person not a partyto the action, called the third (fourth,etc.) party defendant forcontribution, inde!nity, subro"ation orany other relief, in respect of hisopponentBs clai!. (1$a)

Section 12. 1ringing new parties. /hen the presence of parties otherthan those to the ori"inal action isre7uired for the "rantin" of co!pleterelief in the deter!ination of a

counterclai! or cross4clai!, the courtshall order the! to be brou"ht in asdefendants, if &urisdiction over the!can be obtained. (1)

Section 13.&nswer to third fourth-etc./0party complaint. # third(fourth, etc.) party defendant !ayalle"e in his answer his defenses,counterclai!s or cross4clai!s,includin" such defenses that the third(fourth, etc.) party plaintiff !ay havea"ainst the ori"inal plaintiffBs clai!. *n

proper cases, he !ay also assert acounterclai! a"ainst the ori"inaplaintiff in respect of the latterBs clai!a"ainst the third4party plaintiff. (n)

RULE "

Parts o! a Pleadin*

Section 1. Caption. The captionsets forth the na!e of the court, thetitle of the action, and the dockenu!ber if assi"ned.

The title of the action indicates thena!es of the parties. They shall all bena!ed in the ori"inal co!plaint opetition- but in subse7uent pleadin"s, ishall be sufficient if the na!e of thefirst party on each side be stated withan appropriate indication when thereare other parties.

Their respective participation in thecase shall be indicated. (1a, $a)

Section 2. The body. The body othe pleadin" sets fourth itsdesi"nation, the alle"ations of thepartyBs clai!s or defenses, the relieprayed for, and the date of thepleadin". (n)

(a) "aragraphs. Thealle"ations in the body of a

pleadin" shall be divided intopara"raphs so nu!bered tobe readily identified, each owhich shall contain astate!ent of a sin"le set ocircu!stances so far as thacan be done withconvenience. # para"raph!ay be referred to by itsnu!ber in all succeedin"pleadin"s. (a)

(b) 2eadings. /hen two o!ore causes of action are

&oined the state!ent of the

first shall be prefaced by thewords 3first cause of action,Bof the second by 3secondcause of action3, and so onfor the others.

/hen one or !orepara"raphs in the answer areaddressed to one of severacauses of action in theco!plaint, they shall beprefaced by the words3answer to the first cause o

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action3 or 3answer to thesecond cause of action3 andso on- and when one or !orepara"raphs of the answer areaddressed to several causesof action, they shall beprefaced by words to thateffect. ()

(c) Relief. The pleadin"

shall specify the relief sou"ht,but it !ay add a "eneralprayer for such further orother relief as !ay bedee!ed &ust or e7uitable. (a,R+)

(d) )ate. very pleadin"shall be dated. (n)

Section 3. Signature and address. very pleadin" !ust be si"ned by theparty or counsel representin" hi!,statin" in either case his address

which should not be a post office box.

The si"nature of counsel constitutes acertificate by hi! that he has read thepleadin"- that to the best of hisknowled"e, infor!ation, and beliefthere is "ood "round to support it- andthat it is not interposed for delay.

#n unsi"ned pleadin" produces nole"al effect. 6owever, the court !ay, inits discretion, allow such deficiency tobe re!edied if it shall appear that thesa!e was due to !ere inadvertenceand not intended for delay. Counselwho deliberately files an unsi"nedpleadin", or si"ns a pleadin" inviolation of this Rule, or alle"esscandalous or indecent !atter therein,or fails pro!ptly report to the court achan"e of his address, shall be sub&ectto appropriate disciplinary action. (0a)

Section 4. ,erification. xceptwhen otherwise specifically re7uiredby law or rule, pleadin"s need not beunder oath, verified or acco!panied byaffidavit .(0a)

# pleadin" is verified by an affidavitthat the affiant has read the pleadin"and that the alle"ations therein aretrue and correct of his knowled"e andbelief.

# pleadin" re7uired to be verifiedwhich contains a verification based on3infor!ation and belief3, or upon3knowled"e, infor!ation and belief3, orlacks a proper verification, shall betreated as an unsi"ned pleadin". (+a)

Section 5. Certification against forumshopping. The plaintiff or principalparty shall certify under oath in theco!plaint or other initiatory pleadin"assertin" a clai! for relief, or in asworn certification annexed theretoand si!ultaneously filed therewith (a)that he has not theretoforeco!!enced any action or filed anyclai! involvin" the sa!e issues in anycourt, tribunal or 7uasi4&udicial a"ency

and, to the best of his knowled"e, nosuch other action or clai! is pendin"therein- (b) if there is such otherpendin" action or clai!, a co!pletestate!ent of the present statusthereof- and (c) if he should thereafterlearn that the sa!e or si!ilar action orclai! has been filed or is pendin", heshall report that fact within five (0)days therefro! to the court wherein hisaforesaid co!plaint or initiatorypleadin" has been filed.

>ailure to co!ply with the fore"oin"

re7uire!ents shall not be curable by!ere a!end!ent of the co!plaint orother initiatory pleadin" but shall because for the dis!issal of the casewithout pre&udice, unless otherwiseprovided, upon !otion and afterhearin". The sub!ission of a falsecertification or non4co!pliance withany of the undertakin"s therein shallconstitute indirect conte!pt of court,without pre&udice to the correspondin"ad!inistrative and cri!inal actions. *fthe acts of the party or his counselclearly constitute willful and deliberateforu! shoppin", the sa!e shall be

"round for su!!ary dis!issal withpre&udice and shall constitute directconte!pt, as well as a cause forad!inistrative sanctions. (n)

RULE #

,anner o! ,a-in* Alle*ations inPleadin*s

Section 1. In general. very

pleadin" shall contain in a !ethodicaland lo"ical for!, a plain, concise anddirect state!ent of the ulti!ate factson which the party pleadin" relies forhis clai! or defense, as the case !aybe, o!ittin" the state!ent of !ereevidentiary facts. (1)

*f a defense relied on is based on law,the pertinent provisions thereof andtheir applicability to hi! shall be clearlyand concisely stated. (n)

Section 2.&lternative causes of actionor defenses. # party !ay set forthtwo or !ore state!ents of a clai! odefense alternatively or hypotheticallyeither in one cause of action odefense or in separate causes oaction or defenses. /hen two or !orestate!ents are !ade in the alternativeand one of the! if !ade independentlywould be sufficient, the pleadin" is no!ade insufficient by the insufficiency

of one or !ore of the alternativestate!ents. ($)

Section 3.Conditions precedent. *nany pleadin" a "eneral aver!ent othe perfor!ance or occurrence of alconditions precedent shall besufficient. ()

Section 4.Capacity. >acts showin"the capacity of a party to sue or besued or the authority of a party to sueor be sued in a representative capacityor the le"al existence of an or"ani'ed

association of person that is !ade aparty, !ust be averred. # partydesirin" to raise an issue as to thele"al existence of any party or thecapacity of any party to sue or be suedin a representative capacity, shall doso by specific denial, which shainclude such supportin" particulars asare peculiarly within the pleaderBsknowled"e. ()

Section 5. 3raud- mista'e- conditionof the mind. *n all aver!ents ofraud or !istake the circu!stances

constitutin" fraud or !istake !ust bestated with particularity. alice, intentknowled"e, or other condition of the!ind of a person !ay be averred"enerally.(0a)

Section 6.Judgment. *n pleadin" a&ud"!ent or decision of a do!estic oforei"n court, &udicial or 7uasi4&udiciatribunal, or of a board or officer, it issufficient to aver the &ud"!ent odecision without settin" forth !atteshowin" &urisdiction to render it. (+)

Section ".&ction or defense based ondocument. /henever an action odefense is based upon a writteninstru!ent or docu!ent, the substanceof such instru!ent or docu!ent shalbe set forth in the pleadin", and theori"inal or a copy thereof shall beattached to the pleadin" as an exhibitwhich shall be dee!ed to be a part othe pleadin", or said copy !ay withlike effect be set forth in the pleadin"(9)

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Section #. 2ow to contest suchdocuments. /hen an action ordefense is founded upon a writteninstru!ent, copied in or attached to thecorrespondin" pleadin" as provided inthe precedin" section, the"enuineness and due execution of theinstru!ent shall be dee!ed ad!ittedunless the adverse party, under oathspecifically denies the!, and sets forthwhat he clai!s to be the facts, but the

re7uire!ent of an oath does not applywhen the adverse party does notappear to be a party to the instru!entor when co!pliance with an order foran inspection of the ori"inal instru!entis refused. (:a)

Section $.Official document or act. *n pleadin" an official docu!ent orofficial act, it is sufficient to aver thatthe docu!ent was issued or the actdone in co!pliance with law. (;)

Section 1%. Specific denial. #

defendant !ust specify each !aterialalle"ation of fact the truth of which hedoes not ad!it and, wheneverpracticable, shall set forth thesubstance of the !atters upon whichhe relies to support his denial. /herea defendant desires to deny only a partof an aver!ent, he shall specify so!uch of it as is true and !aterial andshall deny only the re!ainder. /herea defendant is without knowled"e orinfor!ation sufficient to for! a beliefas to the truth of a !aterial aver!ent!ade to the co!plaint, he shall sostate, and this shall have the effect ofa denial. (1


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Section 3.&mendments by leave ofcourt. xcept as provided in thenext precedin" section, substantiala!end!ents !ay be !ade only uponleave of court. %ut such leave !ay berefused if it appears to the court thatthe !otion was !ade with intent todelay. 2rders of the court upon the!atters provided in this section shallbe !ade upon !otion filed in court,and after notice to the adverse party,

and an opportunity to be heard. (a)

Section 4.3ormal amendments. #defect in the desi"nation of the partiesand other clearly clerical ortypo"raphical errors !ay be su!!arilycorrected by the court at any sta"e ofthe action, at its initiative or on !otion,provided no pre&udice is causedthereby to the adverse party. (a)

Section 5.&mendment to conform toor authori4e presentation of evidence. /hen issues not raised by the

pleadin"s are tried with the express ori!plied consent of the parties theyshall be treated in all respects as ifthey had been raised in the pleadin"s.uch a!end!ent of the pleadin"s as!ay be necessary to cause the! toconfor! to the evidence and to raisethese issues !ay be !ade upon!otion of any party at any ti!e, evenafter &ud"!ent- but failure to a!enddoes not effect the result of the trial ofthese issues. *f evidence is ob&ected toat the trial on the "round that it is notwithin the issues !ade by thepleadin"s, the court !ay allow thepleadin"s to be a!ended and shall doso with liberality if the presentation ofthe !erits of the action and the ends ofsubstantial &ustice will be subservedthereby. The court !ay "rant acontinuance to enable the a!end!entto be !ade. (0a)

Section 6.Supplemental pleadings. 5pon !otion of a party the court !ay,upon reasonable notice and upon suchter!s as are &ust, per!it hi! to serve asupple!ental pleadin" settin" forthtransactions, occurrences or events

which have happened since the dateof the pleadin" sou"ht to besupple!ented. The adverse party !ayplead thereto within ten (1


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RULE 12

ill o! Particlars

Section 1.!hen applied for-purpose. %efore respondin" to a pleadin", aparty !ay !ove for a definitestate!ent or for a bill of particulars ofany !atter which is not averted withsufficient definiteness or particularity toenable hi! properly to prepare hisresponsive pleadin". *f the pleadin" isa reply, the !otion !ust be filed withinten (1ilin" is the act of presentin" thepleadin" or other paper to the clerk ofcourt.

ervice is the act of providin" a partywith a copy of the pleadin" or paperconcerned. *f any party has appearedby counsel, service upon hi! shall be!ade upon his counsel or one of the!,

unless service upon the party hi!selfis ordered by the court. /here onecounsel appears for several parties, heshall only be entitled to one copy ofany paper served upon hi! by theopposite side. ($a)

Section 3. Manner of filing. Thefilin" of pleadin"s, appearances,!otions, notices, orders, &ud"!entsand all other papers shall be !ade bypresentin" the ori"inal copies thereof,plainly indicated as such, personally tothe clerk of court or by sendin" the!

by re"istered !ail. *n the first case, theclerk of court shall endorse on thepleadin" the date and hour of filin". *nthe second case, the date of the!ailin" of !otions, pleadin"s, or anyother papers or pay!ents or deposits,as shown by the post office sta!p onthe envelope or the re"istry receipt,shall be considered as the date of theirfilin", pay!ent, or deposit in court. Theenvelope shall be attached to therecord of the case. (1a)

Section 4."apers re5uired to be filedand served. very &ud"!ent,resolution, order, pleadin" subse7uentto the co!plaint, written !otion,notice, appearance, de!and, offer of

&ud"!ent or si!ilar papers shall befiled with the court, and served uponthe parties affected. ($a)

Section 5. Modes of service. ervice of pleadin"s !otions, notices,orders, &ud"!ents and other papersshall be !ade either personally or by!ail. (a)

Section 6. "ersonal service. ervice of the papers !ay be !ade bydeliverin" personally a copy to theparty or his counsel, or by leavin" it inhis office with his clerk or with aperson havin" char"e thereof. *f noperson is found in his office, or hisoffice is not known, or he has no officethen by leavin" the copy, between thehours of ei"ht in the !ornin" and six inthe evenin", at the partyBs or counselBs

residence, if known, with a person osufficient a"e and discretion thenresidin" therein. (a)

Section ".Service by mail. erviceby re"istered !ail shall be !ade bydepositin" the copy in the post office ina sealed envelope, plainly addressedto the party or his counsel at his officeif known, otherwise at his residence, iknown, with posta"e fully prepaid, andwith instructions to the post!aster toreturn the !ail to the sender after ten(1


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post!aster, whichever date is earlier.(:a)

Section 11. "riorities in modes ofservice and filing. /heneverpracticable, the service and filin" ofpleadin"s and other papers shall bedone personally. xcept with respectto papers e!anatin" fro! the court, aresort to other !odes !ust be

acco!panied by a written explanationwhy the service or filin" was not donepersonally. # violation of this Rule !aybe cause to consider the paper as notfiled. (n)

Section 12."roof of filing. The filin"of a pleadin" or paper shall be provedby its existence in the record of thecase. *f it is not in the record, but isclai!ed to have been filed personally,the filin" shall be proved by the writtenor sta!ped acknowled"!ent of itsfilin" by the clerk of court on a copy ofthe sa!e- if filed by re"istered !ail, by

the re"istry receipt and by the affidavitof the person who did the !ailin",containin" a full state!ent of the dateand place of depositin" the !ail in thepost office in a sealed envelopeaddressed to the court, with posta"efully prepaid, and with instructions tothe post!aster to return the !ail to thesender after ten (1


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inco!petent, service shall be !adeupon hi! personally and on his le"al"uardian if he has one, or if none his"uardian ad litem whose appoint!entshall be applied for by the plaintiff. *nthe case of a !inor, service !ay alsobe !ade on his father or !other. (l


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!ay act upon without pre&udicin" theri"hts of the adverse party, everywritten !otion shall be set for hearin"by the applicant.

very written !otion re7uired to beheard and the notice of the hearin"thereof shall be served in such a!anner as to ensure its receipt by theother party at least three () days

before the date of hearin", unless thecourt for "ood cause sets the hearin"on shorter notice. (a)

Section 5. #otice of hearing. Thenotice of hearin" shall be addressed toall parties concerned, and shall specifythe ti!e and date of the hearin" which!ust not be later than ten (1riday afternoons, or if >riday is anon4workin" day, in the afternoon ofthe next workin" day. (9a)

Section #. Omnibus motion. ub&ect to the provisions of section 1of Rule ;, a !otion attackin" apleadin", order, &ud"!ent, orproceedin" shall include all ob&ectionsthen available, and all ob&ections notso included shall be dee!ed waived.(:a)

Section $. Motion for leave. #!otion for leave to file a pleadin" or!otion shall be acco!panied by thepleadin" or !otion sou"ht to bead!itted. (n)

Section 1%. 3orm. The Rulesapplicable to pleadin"s shall apply towritten !otions so far as concernscaption, desi"nation, si"nature, andother !atters of for!. (;a)

RULE 16

,otion to is'iss

Section 1.+rounds. /ithin the ti!efor but before filin" the answer to theco!plaint or pleadin" assertin" a

clai!, a !otion to dis!iss !ay be!ade on any of the followin" "rounds

(a) That the court has no&urisdiction over the person ofthe defendin" party-

(b) That the court has no&urisdiction over the sub&ect!atter of the clai!-

(c) That venue is i!properlylaid-

(d) That the plaintiff has nole"al capacity to sue-

(e) That there is anotheraction pendin" between thesa!e parties for the sa!ecause-

(f) That the cause of action is

barred by a prior &ud"!ent orby the statute of li!itations-

(") That the pleadin"assertin" the clai! states nocause of action-

(h) That the clai! or de!andset forth in the plaintiffBspleadin" has been paid,waived, abandoned, orotherwise extin"uished-

(i) That the clai! on which

the action is founded isenforceable under theprovisions of the statute offrauds- and

(&) That a condition precedentfor filin" the clai! has notbeen co!plied with. (1a)

Section 2. 2earing of motion. #tthe hearin" of the !otion, the partiesshall sub!it their ar"u!ents on the7uestions of law and their evidence onthe 7uestions of fact involved except

those not available at that ti!e. houldthe case "o to trial, the evidencepresented durin" the hearin" shallauto!atically be part of the evidenceof the party presentin" the sa!e. (n)

Section 3. Resolution of Motion. #fter the hearin", the court !aydis!iss the action or clai!, deny the!otion, or order the a!end!ent of thepleadin".

The court shall not defer the resolutionof the !otion for the reason that the"round relied upon is not indubitable.

*n every case, the resolution shall stateclearly and distinctly the reasonstherefor. (a)

Section 4. Time to plead. *f the!otion is denied, the !ovant shall file

his answer within the balance of theperiod prescribed by Rule 11 to whichhe was entitled at the ti!e of servin"his !otion, but not less than five (0days in any event, co!puted fro! hisreceipt of the notice of the denial. *f thepleadin" is ordered to be a!ended, heshall file his answer within the periodprescribed by Rule 11 counted fro!service of the a!ended pleadin"unless the court provides a lon"eperiod. (a)

Section 5. (ffect of dismissal.

ub&ect to the ri"ht of appeal, an orde"rantin" a !otion to dis!iss based onpara"raphs (f), (h) and (i) of section 1hereof shall bar the refilin" of the sa!eaction or clai!. (n)

Section 6. "leading grounds asaffirmative defenses. *f no !otion todis!iss has been filed, any of the"rounds for dis!issal provided for inthis Rule !ay be pleaded as anaffir!ative defense in the answer andin the discretion of the court, apreli!inary hearin" !ay be hadthereon as if a !otion to dis!iss had

been filed. (0a)

The dis!issal of the co!plaint undethis section shall be without pre&udiceto the prosecution in the sa!e oseparate action of a counterclai!pleaded in the answer. (n)

RULE 1"

is'issal o! Actions

Section 1. )ismissal upon notice byplaintiff. # co!plaint !ay bedis!issed by the plaintiff by filin" anotice of dis!issal at any ti!e beforeservice of the answer or of a !otion fosu!!ary &ud"!ent. 5pon such noticebein" filed, the court shall issue anorder confir!in" the dis!issal. 5nlessotherwise stated in the notice, thedis!issal is without pre&udice, excepthat a notice operates as anad&udication upon the !erits when filed

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by a plaintiff who has once dis!issedin a co!petent court an action basedon or includin" the sa!e clai!. (1a)

Section 2. )ismissal upon motion ofplaintiff. xcept as provided in theprecedin" section, a co!plaint shallnot be dis!issed at the plaintiffBsinstance save upon approval of thecourt and upon such ter!s and

conditions as the court dee!s proper.*f a counterclai! has been pleaded bya defendant prior to the service uponhi! of the plaintiffs !otion fordis!issal, the dis!issal shall beli!ited to the co!plaint. The dis!issalshall be without pre&udice to the ri"htof the defendant to prosecute hiscounterclai! in a separate actionunless within fifteen (10) days fro!notice of the !otion he !anifests hispreference to have his counterclai!resolved in the sa!e action. 5nlessotherwise specified in the order, adis!issal under this para"raph shall

be without pre&udice. # class suit shallnot be dis!issed or co!pro!isedwithout the approval of the court. ($a)

Section 3. )ismissal due to fault ofplaintiff. *f, for no &ustifiable cause,the plaintiff fails to appear on the dateof the presentation of his evidence inchief on the co!plaint, or to prosecutehis action for an unreasonable len"thof ti!e, or to co!ply with these Rulesor any order of the court, the co!plaint!ay be dis!issed upon !otion of thedefendant or upon the courtBs own!otion, without pre&udice to the ri"ht ofthe defendant to prosecute hiscounterclai! in the sa!e or in aseparate action. This dis!issal shallhave the effect of an ad&udication uponthe !erits, unless otherwise declaredby the court. (a)

Section 4. )ismissal of counterclaim,cross$claim, or third$party complaint. The provisions of this Rule shallapply to the dis!issal of anycounterclai!, cross4clai!, or third4party co!plaint. # voluntary dis!issalby the clai!ant by notice as in section

1 of this Rule, shall be !ade before aresponsive pleadin" or a !otion forsu!!ary &ud"!ent is served or, ifthere is none, before the introductionof evidence at the trial or hearin". (a)

RULE 1#

Pre)rial

Section 1. !hen conducted. #fterthe last pleadin" has been served andfiled, if shall be the duty of the plaintiffto pro!ptly !ove e* parte that thecase be set for pre4trial (0a, R$ailure to file the pre4trial brief shalhave the sa!e effect as failure toappear at the pre4trial. (n)

Section ". Record of pre$trial. Theproceedin"s in the pre4trial shall berecorded. 5pon the ter!ination

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thereof, the court shall issue an orderwhich shall recite in detail the !atterstaken up in the conference, the actiontaken thereon, the a!end!entsallowed to the pleadin"s, and thea"ree!ents or ad!issions !ade bythe parties as to any of the !attersconsidered. hould the action proceedto trial, the order shall, explicitly defineand li!it the issues to be tried. Thecontents of the order shall control the

subse7uent course of the action,unless !odified before trial to prevent!anifest in&ustice. (0a, R$


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Section 6. Service. ervice of asubpoena shall be !ade in the sa!e!anner as personal or substitutedservice of su!!ons. The ori"inal shallbe exhibited and a copy thereofdelivered to the person on who! it isserved, tenderin" to hi! the fees forone dayBs attendance and thekilo!etra"e allowed by these Rules,except that, when a subpoena isissued by or on behalf of the Republic

of the 8hilippines or an officer ora"ency thereof, the tender need not be!ade. The service !ust be !ade soas to allow the witness a reasonableti!e for preparation and travel to theplace of attendance. *f the subpoena isduces tecum- the reasonable cost ofproducin" the books, docu!ents orthin"s de!anded shall also betendered. (+a, R$)

Section ". "ersonal appearance incourt. # person present in courtbefore a &udicial officer !ay be

re7uired to testify as if he were inattendance upon a subpoena is suedby such court or officer. (1ailure byany person without ade7uate cause toobey a subpoena served upon hi!shall be dee!ed a conte!pt of thecourt fro! which the subpoena isissued. *f the subpoena was not issuedby a court, the disobedience theretoshall be punished in accordance with

the applicable law or Rule. (1$a R$)

Section 1%. (*ceptions. Theprovisions of sections : and ; of thisRule shall not apply to a witness whoresides !ore than one hundred (1


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the attendance of the witnessby subpoena- or (0) uponapplication and notice, thatsuch exceptionalcircu!stances exist as to!ake it desirable, in theinterest of &ustice and withdue re"ard to the i!portanceof presentin" the testi!ony ofwitnesses orally in opencourt, to allow the deposition

to be used- and

(d) *f only part of a depositionis offered in evidence by aparty, the adverse party !ayre7uire hi! to introduce all ofit which is relevant to the partintroduced, and any party!ay introduce any otherparts. (a, R$)

Section 5. (ffect of substitution ofparties. ubstitution of parties doesnot affect the ri"ht to use depositions

previously taken- and, when an actionhas been dis!issed and anotheraction involvin" the sa!e sub&ect isafterward brou"ht between the sa!eparties or their representatives orsuccessors in interest, all depositionslawfully taken and duly filed in thefor!er action !ay be used in the latteras if ori"inally taken therefor. (0, R$)

Section 6. Obections to admissibility. ub&ect to the provisions of section$; of this Rule, ob&ection !ay be !adeat the trial or hearin", to receivin" in

evidence any deposition or part thereoffor any reason which would re7uire theexclusion of the evidence if the witnesswere then present and testifyin" (+,R$)

Section ".(ffect of ta'ing depositions. # party shall not be dee!ed to!ake a person his own witness for anypurpose by takin" his deposition. (9,R$)

Section #.(ffect of using depositions. The introduction in evidence of the

deposition or any part thereof for anypurpose other than that ofcontradictin" or i!peachin" thedeponent !akes the deponent thewitness of the party introducin" thedeposition, but this shall not apply tothe use by an adverse party of adeposition as described in para"raph(b) of section of this Rule. (:, R$)

Section $.Rebutting deposition. #tthe trial or hearin" any party !ay rebutany relevant evidence contained in a

deposition whether introduced by hi!or by any other party. (;, R$)

Section 1%. "ersons before whomdepositions may be ta'en within the"hilippines. /ithin the 8hilippinesdepositions !ay be taken before any

&ud"e, notary public, or the personreferred to in section 1 hereof. (1


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witness and record the answersverbatim. (19, R$)

Section 1#. Motion to terminate orlimit e*amination. #t any ti!edurin" the takin" of the deposition, on!otion or petition of any party or of thedeponent, and upon a showin" that theexa!ination is bein" conducted in badfaith or in such !anner as

unreasonably to annoy, e!barrass, oroppress the deponent or party, thecourt in which the action is pendin" orthe Re"ional Trial Court of the placewhere the deposition is bein" taken!ay order the officer conductin" theexa!ination to cease forthwith fro!takin" the deposition, or !ay li!it thescope and !anner of the takin" of thedeposition, as provided in section 1+ ofthis Rule. *f the order !ade ter!inatesthe exa!ination, it shall be resu!edthereafter only upon the order of thecourt in which the action is pendin".5pon de!and of the ob&ectin" party or

deponent, the takin" of the depositionshall be suspended for the ti!enecessary to !ake a notice for anorder. *n "rantin" or refusin" suchorder, the court !ay i!pose uponeither party or upon the witness there7uire!ent to pay such costs orexpenses as the court !ay dee!reasonable. (1:a, R$)

Section 1$. Submission to witness-changes- signing. /hen thetesti!ony is fully transcribed, thedeposition shall be sub!itted to thewitness for exa!ination and shall beread to or by hi!, unless suchexa!ination and readin" are waivedby the witness and by the parties. #nychan"es in for! or substance whichthe witness desires to !ake shall beentered upon the deposition by theofficer with a state!ent of the reasons"iven by the witness for !akin" the!.The deposition shall then be si"ned bythe witness, unless the parties bystipulation waive the si"nin" or thewitness is ill or cannot be found orrefuses to si"n. *f the deposition is notsi"ned by the witness, the officer shall

si"n it and state on the record the factof the waiver or of the illness orabsence of the witness or the fact ofthe refusal to si"n to"ether with thereason be "iven therefor, if any, andthe deposition !ay then be used asfully as thou"h si"ned, unless on a!otion to suppress under section $;(f) of this Rule, the court holds that thereasons "iven for the refusal to si"nre7uire re&ection of the deposition inwhole or in part. (1;a, R$)

Section 2%.Certification, and filing byofficer. The officer shall certify onthe deposition that the witness wasduly sworn to by hi! and that thedeposition is a true record of thetesti!ony "iven by the witness. 6eshall then securely seal the depositionin an envelope indorsed with the title ofthe action and !arked 3eposition of(here insert the na!e of witness)3 andshall pro!ptly file it with the court in

which the action is pendin" or send itby re"istered !ail to the clerk thereoffor filin". ($


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(b) &s to dis5ualification ofofficer. 2b&ection to takin"a deposition because ofdis7ualification of the officerbefore who! it is to be takenis waived unless !ade beforethe takin" of the depositionbe"ins or as soon thereafteras the dis7ualificationbeco!es known or could bediscovered with reasonable

dili"ence.

(c) &s to competency orrelevancy of evidence. 2b&ections to the co!petencyof witness or the co!petency,relevancy, or !ateriality oftesti!ony are not waived byfailure to !ake the! beforeor durin" the takin" of thedeposition, unless the"round, of the ob&ection isone which !i"ht have beenobviated or re!oved if

presented at that ti!e.

(d) &s to oral e*aminationand other particulars. rrors and irre"ularitiesoccurrin" at the oralexa!ination in the !anner oftakin" the deposition in thefor! of the 7uestions oranswers, in the oath oraffir!ation, or in the conductof the parties and errors ofany kind which !i"ht beobviated, re!oved, or cured ifpro!ptly prosecuted, arewaived unless reasonableob&ection thereto is !ade atthe takin" of the deposition.

(e) &s to form of writteninterrogatories. 2b&ectionsto the for! of writteninterro"atories sub!ittedunder sections $0 and $+ ofthis Rule are waived unlessserved in writin" upon theparty propoundin" the!within the ti!e allowed forservin" succeedin" cross or

other interro"atories andwithin three () days afterservice of the lastinterro"atories authori'ed.

(f) &s to manner ofpreparation. rrors andirre"ularities in the !anner inwhich the testi!ony istranscribed or the depositionis prepared, si"ned, certified,sealed, indorsed, trans!itted,filed, or otherwise dealt with

by the officer under sections19, 1;, $< and $+ of this Ruleare waived unless a !otion tosuppress the deposition orso!e part thereof is !adewith reasonable pro!ptnessafter such defect is, or withdue dili"ence !i"ht havebeen, ascertained. ($;a, R$)

RULE 24

e/ositions e!ore Action orPendin* A//eal

Section 1. )epositions before action-petition. # person who desires toperpetuate his own testi!ony or that ofanother person re"ardin" any !atterthat !ay be co"ni'able in any court ofthe 8hilippines !ay file a verifiedpetition in the court of the place of the

residence of any expected adverseparty. (1a R1)

Section 2.Contents of petition. Thepetition shall be entitled in the na!e ofthe petitioner and shall show (a) thatthe petitioner expects to be a party toan action in a court of the 8hilippinesbut is presently unable to brin" it orcause it to be brou"ht- (b) the sub&ect!atter of the expected action and hisinterest therein- (c) the facts which hedesires to establish by the proposedtesti!ony and his reasons for desirin"

to perpetuate it- (d) the na!es or adescription of the persons he expectswill be adverse parties and theiraddresses so far as known- and (e) thena!es and addresses of the personsto be exa!ined and the substance ofthe testi!ony which he expects to elicitfro! each, and shall ask for an orderauthori'in" the petitioner to take thedepositions of the persons to beexa!ined na!ed in the petition for thepurpose of perpetuatin" theirtesti!ony. ($, R1)

Section 3.#otice and service. The

petitioner shall serve a notice uponeach person na!ed in the petition asan expected adverse party, to"etherwith a copy of the petition, statin" thatthe petitioner will apply to the court, ata ti!e and place na!ed therein, forthe order described in the petition. #tleast twenty ($


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RULE 25

(nterro*atories to Parties

Section 1. Interrogatories to parties-service thereof. 5nder the sa!econditions specified in section 1 ofRule $, any party desirin" to elicit!aterial and relevant facts fro! anyadverse parties shall file and serveupon the latter written interro"atoriesto be answered by the party served or,if the party served is a public or privatecorporation or a partnership orassociation, by any officer thereofco!petent to testify in its behalf. (1a)

Section 2.&nswer to interrogatories. The interro"atories shall beanswered fully in writin" and shall besi"ned and sworn to by the person!akin" the!. The party upon who!

the interro"atories have been servedshall file and serve a copy of theanswers on the party sub!ittin" theinterro"atories within fifteen (10) daysafter service thereof unless the courton !otion and for "ood cause shown,extends or shortens the ti!e. ($a)

Section 3. Obections tointerrogatories. 2b&ections to anyinterro"atories !ay be presented tothe court within ten (1


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shown and upon notice to the party tobe exa!ined and to all other parties,and shall specify the ti!e, place,!anner, conditions and scope of theexa!ination and the person orpersons by who! it is to be !ade. ($)

Section 3. Report of findings. *fre7uested by the party exa!ined, theparty causin" the exa!ination to be

!ade shall deliver to hi! a copy of adetailed written report of the exa!inin"physician settin" out his findin"s andconclusions. #fter such re7uest anddelivery, the party causin" theexa!ination to be !ade shall beentitled upon re7uest to receive fro!the party exa!ined a like report of anyexa!ination, previously or thereafter!ade, of the sa!e !ental or physicalcondition. *f the party exa!inedrefuses to deliver such report, thecourt on !otion and notice !ay !akean order re7uirin" delivery on suchter!s as are &ust, and if a physician

fails or refuses to !ake such a reportthe court !ay exclude his testi!ony ifoffered at the trial. (a)

Section 4. !aiver of privilege. %yre7uestin" and obtainin" a report ofthe exa!ination so ordered or bytakin" the deposition of the exa!iner,the party exa!ined waives anyprivile"e he !ay have in that action orany other involvin" the sa!econtroversy, re"ardin" the testi!ony ofevery other person who has exa!inedor !ay thereafter exa!ine hi! inrespect of the sa!e !ental or physicalexa!ination. ()

RULE 2$

Re!sal to Co'/ly 9it ,odes o!iscovery

Section 1. Refusal to answer. *f aparty or other deponent refuses toanswer any 7uestion upon oralexa!ination, the exa!ination !ay be

co!pleted on other !atters orad&ourned as the proponent of the7uestion !ay prefer. The proponent!ay thereafter apply to the propercourt of the place where the depositionis bein" taken, for an order to co!pelan answer. The sa!e procedure !aybe availed of when a party or a witnessrefuses to answer any interro"atorysub!itted under Rules $ or $0.

*f the application is "ranted, the courtshall re7uire the refusin" party or

deponent to answer the 7uestion orinterro"atory and if it also finds that therefusal to answer was withoutsubstantial &ustification, it !ay re7uirethe refusin" party or deponent or thecounsel advisin" the refusal, or both ofthe!, to pay the proponent the a!ountof the reasonable expenses incurred inobtainin" the order, includin"attorneyBs fees.

*f the application is denied and thecourt finds that it was filed withoutsubstantial &ustification, the court !ayre7uire the proponent or the counseladvisin" the filin" of the application, orboth of the!, to pay to the refusin"party or deponent the a!ount of thereasonable expenses incurred inopposin" the application, includin"attorneyBs fees. (1a)

Section 2. Contempt of court. *f aparty or other witness refuses to besworn or refuses to answer any

7uestion after bein" directed to do soby the court of the place in which thedeposition is bein" taken, the refusal!ay be considered a conte!pt of thatcourt. ($a)

Section 3. Other conse5uences. *fany party or an officer or !ana"in"a"ent of a party refuses to obey anorder !ade under section 1 of thisRule re7uirin" hi! to answerdesi"nated 7uestions, or an orderunder Rule $9 to produce anydocu!ent or other thin" for inspection,

copyin", or photo"raphin" or to per!itit to be done, or to per!it entry uponland or other property or an order!ade under Rule $: re7uirin" hi! tosub!it to a physical or !entalexa!ination, the court !ay !ake suchorders in re"ard to the refusal as are

&ust, and a!on" others the followin"

(a) #n order that the !attersre"ardin" which the 7uestionswere asked, or the characteror description of the thin" orland, or the contents of thepaper, or the physical or!ental condition of the party,or any other desi"nated factsshall be taken to beestablished for the purposesof the action in accordancewith the clai! of the partyobtainin" the order-

(b) #n order refusin" to allowthe disobedient party tosupport or oppose desi"natedclai!s or defenses or

prohibitin" hi! fro!introducin" in evidencedesi"nated docu!ents othin"s or ite!s of testi!onyor fro! introducin" evidenceof physical or !entacondition-

(c) #n order strikin" oupleadin"s or parts thereof, o

stayin" further proceedin"suntil the order is obeyed, odis!issin" the action oproceedin" or any parthereof, or renderin" a

&ud"!ent by default a"ainsthe disobedient party- and

(d) *n lieu of any of thefore"oin" orders or in additionthereto, an order directin" thearrest of any party or a"ent oa party for disobeyin" any osuch orders except an ordeto sub!it to a physical o

!ental exa!ination. (a)

Section 4. (*penses on refusal toadmit. *f a party after bein" servedwith a re7uest under Rule $+ to ad!ithe "enuineness of any docu!ent othe truth of any !atter of fact serves asworn denial thereof and if the partyre7uestin" the ad!issions thereafteproves the "enuineness of suchdocu!ent or the truth of any such!atter of fact, he !ay apply to thecourt for an order re7uirin" the otheparty to pay hi! the reasonable

expenses incurred in !akin" suchproof, includin" attorneyBs fees. 5nlessthe court finds that there were "oodreasons for the denial or thaad!issions sou"ht were of nosubstantial i!portance, such ordeshall be issued. (a)

Section 5.3ailure of party to attend oserve answers. *f a party or anofficer or !ana"in" a"ent of a partywilfully fails to appear before the officewho is to take his deposition, aftebein" served with a proper notice, ofails to serve answers tointerro"atories sub!itted under Rule$0 after proper service of suchinterro"atories, the court on !otionand notice, !ay strike out all or anypart of any pleadin" of that party, odis!iss the action or proceedin" oany part thereof, or enter a &ud"!enby default a"ainst that party, and in itsdiscretion, order hi! to pay reasonableexpenses incurred by the otherincludin" attorneyBs fees. (0)

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Section 6. (*penses against theRepublic of the "hilippines. xpenses and attorneyBs fees are notto be i!posed upon the Republic ofthe 8hilippines under this Rule. (+)

RULE 3%

)rial

Section 1. #otice of Trial. 5ponentry of a case in the trial calendar, theclerk shall notify the parties of the dateof its trial in such !anner as shallensure his receipt of that notice atleast five (0) days before such date.($a, R$$)

Section 2. &dournments andpostponements. # court !ayad&ourn a trial fro! day to day, and toany stated ti!e, as the expeditious

and convenient transaction of business!ay re7uire, but shall have no powerto ad&ourn a trial for a lon"er periodthan one !onth for each ad&ourn!entnor !ore than three !onths in all,except when authori'ed in writin" bythe Court #d!inistrator, upre!eCourt. (a, R$$)

Section 3. Re5uisites of motion topostpone trial for absence of evidence. # !otion to postpone a trial on the"round of absence of evidence can be"ranted only upon affidavit showin"

the !ateriality or relevancy of suchevidence, and that due dili"ence hasbeen used to procure it. %ut if theadverse party ad!its the facts to be"iven in evidence, even if he ob&ects orreserves the ri"ht to ob&ect to theirad!issibility, the trial shall not bepostponed. (a, R$$- %ar atter =o.:


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shall be dee!ed to have waived theri"ht to present evidence. (1a, R0)

RULE 34

d*'ent on te Pleadin*s

Section 1.Judgment on the pleadings. /here an answer fails to tender anissue, or otherwise ad!its the !aterialalle"ations of the adverse partyBspleadin", the court !ay- on !otion ofthat party, direct &ud"!ent on suchpleadin". 6owever, in actions fordeclaration of nullity or annul!ent of!arria"e or for le"al separation, the!aterial facts alle"ed in the co!plaintshall always be proved. (1a, R1;)

RULE 35

S''ary d*'ents

Section 1. Summary udgment forclaimant. # party seekin" to recoverupon a clai!, counterclai!, or cross4clai! or to obtain a declaratory relief!ay, at any ti!e after the pleadin" inanswer thereto has been served, !ovewith supportin" affidavits, depositionsor ad!issions for a su!!ary &ud"!entin his favor upon all or any partthereof. (1a, R)

Section 2. Summary udgment fordefending party. # party a"ainstwho! a clai!, counterclai!, or cross4clai! is asserted or a declaratory reliefis sou"ht !ay, at any ti!e, !ove withsupportin" affidavits, depositions orad!issions for a su!!ary &ud"!ent inhis favor as to all or any part thereof.($a, R)

Section 3. Motion and proceedingsthereon. The !otion shall be servedat least ten (1


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&ud"!ent shall set out their individualor proper na!es, if known. (+a)

RULE 3"

:e9 )rial or Reconsiderations

Section 1. +rounds of and period forfiling motion for new trial orreconsideration. /ithin the periodfor takin" an appeal, the a""rievedparty !ay !ove the trial court to setaside the &ud"!ent or final order and"rant a new trial for one or !ore of thefollowin" causes !aterially affectin"the substantial ri"hts of said party

(a) >raud, accident, !istakeor excusable ne"li"encewhich ordinary prudencecould not have "uardeda"ainst and by reason of

which such a""rieved partyhas probably been i!pairedin his ri"hts- or

(b) =ewly discoveredevidence, which he could not,with reasonable dili"ence,have discovered andproduced at the trial, andwhich if presented wouldprobably alter the result.

/ithin the sa!e period, the a""rievedparty !ay also !ove for

reconsideration upon the "rounds thatthe da!a"es awarded are excessive,that the evidence is insufficient to

&ustify the decision or final order, orthat the decision or final order iscontrary to law. (1a)

Section 2.Contents of motion for newtrial or reconsideration and noticethereof. The !otion shall be !adein writin" statin" the "round or "roundstherefor, a written notice of which shallbe served by the !ovant on theadverse party.

# !otion for new trial shall be provedin the !anner provided for proof of!otion. # !otion for the cause!entioned in para"raph (a) of theprecedin" section shall be supportedby affidavits of !erits which !ay berebutted by affidavits. # !otion for thecause !entioned in para"raph (b)shall be supported by affidavits of thewitnesses by who! such evidence isexpected to be "iven, or by duly

authenticated docu!ents which areproposed to be introduced in evidence.

# !otion for reconsideration shall pointout a specifically the findin"s orconclusions of the &ud"!ent or finalorder which are not supported by theevidence or which are contrary to law!akin" express reference to thetesti!onial or docu!entary evidence

or to the provisions of law alle"ed tobe contrary to such findin"s orconclusions.

# pro forma !otion for new trial orreconsideration shall not toll there"le!entary period of appeal. ($a)

Section 3.&ction upon motion for newtrial or reconsideration. The trialcourt !ay set aside the &ud"!ent orfinal order and "rant a new trial, uponsuch ter!s as !ay be &ust, or !aydeny the !otion. *f the court finds that

excessive da!a"es have beenawarded or that the &ud"!ent or finalorder is contrary to the evidence orlaw, it !ay a!end such &ud"!ent orfinal order accordin"ly. (a)

Section 4.Resolution of motion. #!otion for new trial or reconsiderationshall be resolved within thirty (


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aside, and not !ore than six (+)!onths after such &ud"!ent or finalorder was entered, or such proceedin"was taken, and !ust be acco!paniedwith affidavits showin" the fraud,accident, !istake, or excusablene"li"ence relied upon, and the factsconstitutin" the petitionerBs "ood andsubstantial cause of action or defense,as the case !ay be. ()

Section 4.Order to file an answer. *f the petition is sufficient in for! andsubstance to &ustify relief, the court inwhich it is filed, shall issue an orderre7uirin" the adverse parties to answerthe sa!e within fifteen (10) days fro!the receipt thereof. The order shall beserved in such !anner as the court!ay direct, to"ether with copies of thepetit ion and the acco!panyin"affidavits. (a)

Section 5. "reliminary inunctionpending proceedings. The court in

which the petition is filed !ay "rantsuch preli!inary in&unction as !ay benecessary for the preservation of theri"hts of the parties, upon the filin" bythe petitioner of a bond in favor of theadverse party, conditioned that if thepetition is dis!issed or the petitionerfails on the trial of the case upon its!erits, he will pay the adverse party allda!a"es and costs that !ay beawarded to hi! by reason of theissuance of such in&unction or theother proceedin"s followin" thepetition, but such in&unction shall notoperate to dischar"e or extin"uish anylien which the adverse party !ay haveac7uired upon, the property, of thepetitioner. (0a)

Section 6. "roceedings after answeris filed. #fter the filin" of the answeror the expiration of the period therefor,the court shall hear the petition and ifafter such hearin", it finds that thealle"ations thereof are not true, thepetition shall be dis!issed- but if itfinds said alle"ations to be true, it shallset aside the &ud"!ent or final order orother proceedin" co!plained of upon

such ter!s as !ay be &ust. Thereafterthe case shall stand as if such

&ud"!ent, final order or otherproceedin" had never been rendered,issued or taken. The court shall thenproceed to hear and deter!ine thecase as if a ti!ely !otion for a newtrial or reconsideration had been"ranted by it. (+a)

Section ". "rocedure where thedenial of an appeal is set aside. /here the denial of an appeal is set

aside, the lower court shall be re7uiredto "ive due course to the appeal and toelevate the record of the appealedcase as if a ti!ely and proper appealhad been !ade. (9a)

RULE 3$

E8ection Satis!action and E!!ecto! d*'ents

Section 1.(*ecution upon udgmentsor final orders. xecution shall issueas a !atter of ri"ht, or !otion, upon a

&ud"!ent or order that disposes of theaction or proceedin" upon theexpiration of the period to appealtherefro! if no appeal has been dulyperfected. (1a)

*f the appeal has been duly perfectedand finally resolved, the execution !ay

forthwith be applied for in the court ofori"in, on !otion of the &ud"!entobli"ee, sub!ittin" therewith certifiedtrue copies of the &ud"!ent or

&ud"!ents or final order or orderssou"ht to be enforced and of the entrythereof, with notice to the adverseparty.

The appellate court !ay, on !otion inthe sa!e case, when the interest of

&ustice so re7uires, direct the court ofori"in to issue the writ of execution. (n)

Section 2.)iscretionary e*ecution.

(a) (*ecution of a udgmentor final order pending appeal. 2n !otion of the prevailin"party with notice to theadverse party filed in the trialcourt while it has &urisdictionover the case and is inpossession of either theori"inal record or the recordon appeal, as the case !aybe, at the ti!e of the filin" ofsuch !otion, said court !ay,

in its discretion, orderexecution of a &ud"!ent orfinal order even before theexpiration of the period toappeal.

#fter the trial court has lost&urisdiction the !otion forexecution pendin" appeal!ay be filed in the appellatecourt.

iscretionary execution !ayonly issue upon "ood reasonsto be stated in a special ordeafter due hearin".

(b) (*ecution of severalseparate or partial udgments # several, separate opartial &ud"!ent !ay beexecuted under the sa!e

ter!s and conditions asexecution of a &ud"!ent ofinal order pendin" appeal($a)

Section 3. Stay of discretionarye*ecution. iscretionary executionissued under the precedin" section!ay be stayed upon approval by theproper court of a sufficiensupersedeas bond filed by the partya"ainst who! it is directedconditioned upon the perfor!ance othe &ud"!ent or order allowed to beexecuted in case it shall be finally

sustained in whole or in part. The bondthus "iven !ay be proceeded a"ainson !otion with notice to the surety. (a)

Section 4. Judgments not stayed byappeal. Dud"!ents in actions foin&unction, receivership, accountin"and support, and such othe

&ud"!ents as are now or !ayhereafter be declared to bei!!ediately executory, shall beenforceable after their rendition andshall not, be stayed by an appea

taken therefro!, unless otherwiseordered by the trial court. 2n appeatherefro!, the appellate court in itsdiscretion !ay !ake an ordesuspendin", !odifyin", restorin" o"rantin" the in&unction, receivershipaccountin", or award of support.

The stay of execution shall be uponsuch ter!s as to bond or otherwise as!ay be considered proper for thesecurity or protection of the ri"hts othe adverse party. (a)

Section 5. (ffect of reversal oe*ecuted udgment. /here theexecuted &ud"!ent is reversed totallyor partially, or annulled, on appeal ootherwise, the trial court !ay, on!otion, issue such orders of restitutionor reparation of da!a"es as e7uityand &ustice !ay warrant under thecircu!stances. (0a)

Section 6.(*ecution by motion or byindependent action. # final andexecutory &ud"!ent or order !ay be

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executed on !otion within five (0)years fro! the date of its entry. #fterthe lapse of such ti!e, and before it isbarred by the statute of li!itations, a

&ud"!ent !ay be enforced by action.The revived &ud"!ent !ay also beenforced by !otion within five (0)years fro! the date of its entry andthereafter by action before it is barredby the statute of li!itations. (+a)

Section ".(*ecution in case of deathof party. *n case of the death of aparty, execution !ay issue or beenforced in the followin" !anner

(a) *n case of the death of the&ud"!ent obli"ee, upon theapplication of his executor orad!inistrator, or successor ininterest-

(b) *n case of the death of the&ud"!ent obli"or, a"ainst his

executor or ad!inistrator orsuccessor in interest, if the&ud"!ent be for the recoveryof real or personal property,or the enforce!ent of a lienthereon-

(c) *n case of the death of the&ud"!ent obli"or, afterexecution is actually leviedupon any of his property, thesa!e !ay be sold for thesatisfaction of the &ud"!entobli"ation, and the officer!akin" the sale shall account

to the correspondin" executoror ad!inistrator for anysurplus in his hands. (9a)

Section #. Issuance, form andcontents of a writ of e*ecution. Thewrit of execution shall (1) issue in thena!e of the Republic of the8hilippines fro! the court which"ranted the !otion- ($) state the na!eof the court, the case nu!ber and title,the dispositive part of the sub&ect

&ud"!ent or order- and () re7uire thesheriff or other proper officer to who!

it is directed to enforce the writaccordin" to its ter!s, in the !annerhereinafter provided

(a) *f the execution be a"ainstthe property of the &ud"!entobli"or, to satisfy the

&ud"!ent, with interest, out ofthe real or personal propertyof such &ud"!ent obli"or-

(b) *f it be a"ainst real orpersonal property in the

hands of personalrepresentatives, heirs,devisees, le"atees, tenants,or trustees of the &ud"!entobli"or, to satisfy the

&ud"!ent, with interest, out ofsuch property-

(c) *f it be for the sale of realor personal property to sell

such property describin" it,and apply the proceeds inconfor!ity with the &ud"!ent,the !aterial parts of whichshall be recited in the writ ofexecution-

(d) *f it be for the delivery ofthe possession of real orpersonal property, to deliverthe possession of the sa!e,describin" it, to the partyentitled thereto, and to satisfyany costs, da!a"es, rents, orprofits covered by the

&ud"!ent out of the personalproperty of the person a"ainstwho! it was rendered, and ifsufficient personal propertycannot be found, then out ofthe real property- and

(e) *n all cases, the writ ofexecution shall specificallystate the a!ount of theinterest, costs, da!a"es,rents, or profits due as of thedate of the issuance of thewrit, aside fro! the principal

obli"ation under the&ud"!ent. >or this purpose,the !otion for execution shallspecify the a!ounts of thefore"oin" reliefs sou"ht bythe !ovant.(:a)

Section $.(*ecution of udgments formoney, how enforced.

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

&ud"!ent for !oney by

de!andin" fro! the &ud"!entobli"or the i!!ediatepay!ent of the full a!ountstated in the writ of executionand all lawful fees. The

&ud"!ent obli"or shall pay incash, certified bank checkpayable to the &ud"!entobli"ee, or any other for! ofpay!ent acceptable to thelatter, the a!ount of the

&ud"!ent debt under properreceipt directly to the

&ud"!ent obli"ee or hisauthori'ed representative ipresent at the ti!e opay!ent. The lawful feesshall be handed under propereceipt to the executin"sheriff who shall turn over thesaid a!ount within the sa!eday to the clerk of court of thecourt that issued the writ.

*f the &ud"!ent obli"ee or hisauthori'ed representative isnot present to receivepay!ent, the &ud"!enobli"or shall deliver theaforesaid pay!ent to theexecutin" sheriff. The latteshall turn over all thea!ounts co!in" into hispossession within the sa!eday to the clerk of court of thecourt that issued the writ, or ithe sa!e is not practicabledeposit said a!ounts to a

fiduciary account in thenearest "overn!endepository bank of theRe"ional Trial Court of thelocality.

The clerk of said court shalthereafter arran"e for there!ittance of the deposit tothe account of the court thaissued the writ whose clerk ocourt shall then deliver saidpay!ent to the &ud"!enobli"ee in satisfaction of the

&ud"!ent. The excess, if anyshall be delivered to the

&ud"!ent obli"or while thelawful fees shall be retainedby the clerk of court fodisposition as provided bylaw. *n no case shall theexecutin" sheriff de!and thaany pay!ent by check be!ade payable to hi!.

(b) Satisfaction by levy. *the &ud"!ent obli"or cannopay all or part of theobli"ation in cash, certified

bank check or other !ode opay!ent acceptable to the

&ud"!ent obli"ee, the officeshall levy upon the propertiesof the &ud"!ent obli"or oevery kind and naturewhatsoever which !ay bedisposed, of for value and nootherwise exe!pt fro!execution "ivin" the latter theoption to i!!ediately choosewhich property or part thereo!ay be levied upon, sufficien

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to satisfy the &ud"!ent. *f the&ud"!ent obli"or does notexercise the option, theofficer shall first levy on thepersonal properties, if any,and then on the realproperties if the personalproperties are insufficient toanswer for the &ud"!ent.

The sheriff shall sell only asufficient portion of thepersonal or real property ofthe &ud"!ent obli"or whichhas been levied upon.

/hen there is !ore propertyof the &ud"!ent obli"or thanis sufficient to satisfy the

&ud"!ent and lawful fees, he!ust sell only so !uch of thepersonal or real property as issufficient to satisfy the

&ud"!ent and lawful fees.

Real property, stocks, shares,debts, credits, and otherpersonal property, or anyinterest in either real orpersonal property, !ay belevied upon in like !annerand with like effect as under awrit of attach!ent.

(c) +arnishment of debts andcredits. The officer !aylevy on debts due the

&ud"!ent obli"or and othercredits, includin" bank

deposits, financial interests,royalties, co!!issions andother personal property notcapable of !anual delivery inthe possession or control ofthird parties. Eevy shall be!ade by servin" notice uponthe person owin" such debtsor havin" in his possession orcontrol such credits to whichthe &ud"!ent obli"or isentitled. The "arnish!entshall cover only such a!ountas will satisfy the &ud"!entand all lawful fees.

The "arnishee shall !ake awritten report to the courtwithin five (0) days fro!service of the notice of"arnish!ent statin" whetheror not the &ud"!ent obli"orhas sufficient funds or creditsto satisfy the a!ount of the

&ud"!ent. *f not, the reportshall state how !uch funds orcredits the "arnishee holds

for the &ud"!ent obli"or. The"arnished a!ount in cash, orcertified bank check issued inthe na!e of the &ud"!entobli"ee, shall be delivereddirectly to the &ud"!entobli"ee within ten (1


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Section 11. (*ecution of specialudgments. /hen a &ud"!entre7uires the perfor!ance of any actother than those !entioned in the twoprecedin" sections, a certified copy ofthe &ud"!ent shall be attached to thewrit of execution and shall be servedby the officer upon the party a"ainstwho! the sa!e is rendered, or uponany other person re7uired thereby, orby law, to obey the sa!e, and such

party or person !ay be punished forconte!pt if he disobeys such

&ud"!ent. (;a)

Section 12.(ffect of levy on e*ecutionas to third person. The levy onexecution shall create a lien in favor ofthe &ud"!ent obli"ee over the ri"ht,title and interest of the &ud"!entobli"or in such property at the ti!e ofthe levy, sub&ect to liens andencu!brances then existin". (1+a)

Section 13. "roperty e*empt from

e*ecution. xcept as otherwiseexpressly provided by law, thefollowin" property, and no other, shallbe exe!pt fro! execution

(a) The &ud"!ent obli"orBsfa!ily ho!e as provided bylaw, or the ho!estead inwhich he resides, and landnecessarily used inconnection therewith-

(b) 2rdinary tools andi!ple!ents personally used

by hi! in his trade,e!ploy!ent, or livelihood-

(c) Three horses, or threecows, or three carabaos, orother beasts of burden, suchas the &ud"!ent obli"or !ayselect necessarily used byhi! in his ordinaryoccupation-

(d) 6is necessary clothin"and articles for ordinarypersonal use, excludin"

&ewelry-

(e) 6ousehold furniture andutensils necessary forhousekeepin", and used forthat purpose by the &ud"!entobli"or and his fa!ily, suchas the &ud"!ent obli"or !ayselect, of a value notexceedin" one hundredthousand pesos-

(f) 8rovisions for individual orfa!ily use sufficient for four!onths-

(") The professional librariesand e7uip!ent of &ud"es,lawyers, physicians,phar!acists, dentists,en"ineers, surveyors,cler"y!en, teachers, and

other professionals, notexceedin" three hundredthousand pesos in value-

(h) 2ne fishin" boat andaccessories not exceedin"the total value of one hundredthousand pesos owned by afisher!an and by the lawfuluse of which he earns hislivelihood-

(i) o !uch of the salaries,wa"es, or earnin"s of the

&ud"!ent obli"or for hispersonal services within thefour !onths precedin" thelevy as are necessary for thesupport of his fa!ily-

(&) Eettered "ravestones-

(k) onies, benefits,privile"es, or annuitiesaccruin" or in any !anner"rowin" out of any lifeinsurance-

(l) The ri"ht to receive le"alsupport, or !oney or propertyobtained as such support, orany pension or "ratuity fro!the ?overn!ent-

(!) 8roperties speciallyexe!pted by law.

%ut no article or species of property!entioned in this section shall beexe!pt fro! execution issued upon a

&ud"!ent recovered for its price orupon a &ud"!ent of foreclosure of a

!ort"a"e thereon. (1$a)

Section 14. Return of writ ofe*ecution. The writ of executionshall be returnable to the court issuin"it i!!ediately after the &ud"!ent hasbeen satisfied in part or in full. *f the

&ud"!ent cannot be satisfied in fullwithin thirty (


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sa!e !anner as personalservice of pleadin"s andother papers as provided bysection + of Rule 1.

The notice shall specify the place, dateand exact ti!e of the sale whichshould not be earlier than nine oBclockin the !ornin" and not later than twooBclock in the afternoon. The place of

the sale !ay be a"reed upon by theparties. *n the absence of sucha"ree!ent, the sale of the property orpersonal property not capable of!anual delivery shall be held in theoffice of the clerk of court of theRe"ional Trial Court or the unicipalTrial Court which issued the writ of orwhich was desi"nated by the appellatecourt. *n the case of personal propertycapable of !anual delivery, the saleshall be held in the place where theproperty is located. (1:a)

Section 16. "roceedings where

property claimed by third person . *fthe property levied on is clai!ed byany person other than the &ud"!entobli"or or his a"ent, and such person!akes an affidavit of his title thereto orri"ht to the possession thereof, statin"the "rounds of such ri"ht or title, andserves the sa!e upon the officer!akin" the levy and copy thereof,statin" the "rounds of such ri"ht ortittle, and a serves the sa!e upon theofficer !akin" the levy and a copythereof upon the &ud"!ent obli"ee, theofficer shall not be bound to keep theproperty, unless such &ud"!entobli"ee, on de!and of the officer, filesa bond approved by the court toinde!nity the third4party clai!ant in asu! not less than the value of theproperty levied on. *n case ofdisa"ree!ent as to such value, thesa!e shall be deter!ined by the courtissuin" the writ of execution. =o clai!for da!a"es for the takin" or keepin"of the property !ay be enforceda"ainst the bond unless the actiontherefor is filed within one hundredtwenty (1$


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purchaser and, if desired, execute anddeliver to hi! a certificate of sale. Thesale conveys to the purchaser all theri"hts which the &ud"!ent obli"or hadin such property as of the date of thelevy on execution or preli!inaryattach!ent. ($0a)

Section 24.Conveyance to purchaserof personal property not capable of

manual delivery. /hen thepurchaser of any personal property,not capable of !anual delivery, paysthe purchase price, the officer !akin"the sale !ust execute and deliver tothe purchaser a certificate of sale.uch certificate conveys to thepurchaser all the ri"hts which the

&ud"!ent obli"or had in such propertyas of the date of the levy on executionor preli!inary attach!ent. ($+a)

Section 25. Conveyance of realproperty- certificate thereof given topurchaser and filed with registry of

deeds. 5pon a sale of real property,the officer !ust "ive to the purchaser acertificate of sale containin"

(a) # particular description ofthe real property sold-

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

(c) The whole price paid byhi!-

(d) # state!ent that the ri"htof rede!ption expires one (1)year fro! the date of there"istration of the certificateof sale.

uch certificate !ust be re"istered inthe re"istry of deeds of the placewhere the property is situated. ($9 a)

Section 26. Certificate of sale whereproperty claimed by third person. /hen a property sold by virtue of awrit of execution has been clai!ed by

a third person, the certificate of sale tobe issued by the sheriff pursuant tosections $, $ and $0 of this Ruleshall !ake express !ention of theexistence of such third4party clai!.($:a)

Section 2". !ho may redeem realproperty so sold. Real property soldas provided in the last precedin"section, or any part thereof soldseparately, !ay be redee!ed in the

!anner hereinafter provided, by thefollowin" persons

(a) The &ud"!ent obli"or- orhis successor in interest inthe whole or any part of theproperty-

(b) # creditor havin" a lien byvirtue of an attach!ent,

&ud"!ent or !ort"a"e on theproperty sold, or on so!epart thereof, subse7uent tothe lien under which theproperty was sold. uchredee!in" creditor is ter!eda rede!ptioner. ($;a)

Section 2#.Time and manner of- andamounts payable on, successiveredemptions- notice to be given andfiled. The &ud"!ent obli"or, orrede!ptioner, !ay redee! theproperty fro! the purchaser, at any

ti!e within one (1) year fro! the dateof the re"istration of the certificate ofsale, by payin" the purchaser thea!ount of his purchase, with the percentumper !onth interest thereon inaddition, up to the ti!e of rede!ption,to"ether with the a!ount of anyassess!ents or taxes which thepurchaser !ay have paid thereon afterpurchase, and interest on such lastna!ed a!ount at the sa!e rate- and ifthe purchaser be also a creditor havin"a prior lien to that of the rede!ptioner,other than the &ud"!ent under whichsuch purchase was !ade, the a!ount

of such other lien, with interest.

8roperty so redee!ed !ay a"ain beredee!ed within sixty (+


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Section 31.Manner of using premisespending redemption- waste restrained. 5ntil the expiration of the ti!eallowed for rede!ption, the court !ay,as in other proper cases, restrain theco!!ission of waste on the propertyby in&unction, on the application of thepurchaser or the &ud"!ent obli"ee,with or without notice- but it is notwaste for a person in possession ofthe property at the ti!e of the sale, or

entitled to possession afterwards,durin" the period allowed forrede!ption, to continue to use it in thesa!e !anner in which it waspreviously used, or to use it in theordinary course of husbandry- or to!ake the necessary repairs tobuildin"s thereon while he occupiesthe property. (a)

Section 32. Rents, earnings andincome of property pendingredemption. The purchaser or arede!ptioner shall not be entitled to

receive the rents, earnin"s and inco!eof the property sold on execution, orthe value of the use and occupationthereof when such property is in thepossession of a tenant. #ll rents,earnin"s and inco!e derived fro! theproperty pendin" rede!ption shallbelon" to the &ud"!ent obli"or until theexpiration of his period of rede!ption.(a)

Section 33. )eed and possession tobe given at e*piration of redemption

period- by whom e*ecuted or given. *f no rede!ption be !ade within one(1) year fro! the date of there"istration of the certificate of sale,the purchaser is entitled to aconveyance and possession of theproperty- or, if so redee!ed wheneversixty (+


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(a) *n case of a &ud"!ent orfinal order upon a specificthin", the &ud"!ent or finalorder, is conclusive upon thetitle to the thin", and

(b) *n case of a &ud"!ent orfinal order a"ainst a person,the &ud"!ent or final order ispresu!ptive evidence of a

ri"ht as between the partiesand their successors ininterest by a subse7uent title.

*n either case, the &ud"!ent or finalorder !ay be repelled by evidence of awant of &urisdiction, want of notice tothe party, collusion, fraud, or clear!istake of law or fact. (0


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Section 1. Subect of appeal. #nappeal !ay be taken fro! a &ud"!entor final order that co!pletely disposesof the case, or of a particular !attertherein when declared by these Rulesto be appealable.

=o appeal !ay be taken fro!

(a) #n order denyin" a !otion

for new trial orreconsideration-

(b) #n order denyin" apetition for relief or anysi!ilar !otion seekin" relieffro! &ud"!ent-

(c) #n interlocutory order-

(d) #n order disallowin" ordis!issin" an appeal-

(e) #n order denyin" a !otionto set aside a &ud"!ent byconsent, confession orco!pro!ise on the "round offraud, !istake or duress, orany other "round vitiatin"consent-

(f) #n order of execution-

(") # &ud"!ent or final orderfor or a"ainst one or !ore ofseveral parties or in separateclai!s, counterclai!s, cross4

clai!s and third4partyco!plaints, while the !aincase is pendin", unless thecourt allows an appealtherefro!- and

(h) #n order dis!issin" anaction without pre&udice.

*n all the above instances where the&ud"!ent or final order is notappealable, the a""rieved party !ayfile an appropriate special civil actionunder Rule +0. (n)

Section 2.Modes of appeal.

(a) Ordinary appeal. Theappeal to the Court of

#ppeals in cases decided bythe Re"ional Trial Court in theexercise of its ori"inal

&urisdiction shall be taken byfilin" a notice of appeal withthe court which rendered the

&ud"!ent or final orderappealed fro! and servin" a

copy thereof upon theadverse party. =o record onappeal shall be re7uiredexcept in special proceedin"sand other cases of !ultiple orseparate appeals where lawon these Rules so re7uire. *nsuch cases, the record onappeal shall be filed andserved in like !anner.

(b) "etition for review. Theappeal to the Court of

#ppeals in cases decided bythe Re"ional Trial Court in theexercise of its appellate

&urisdiction shall be by petitionfor review in accordance withRule $.

(c)&ppeal by certiorari. *nall cases where only7uestions of law are raised orinvolved, the appeal shall beto the upre!e Court by

petition for review oncertiorari in accordance withthe Rule 0. (n)

Section 3. "eriod of ordinary appeal. The appeal shall be taken withinfifteen (10) days fro! notice of the

&ud"!ent or final order appealed fro!./here a record on appeal is re7uired,the appellant shall file a notice ofappeal and a record on appeal withinthirty (


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within the ti!e fixed by section ofthis Rule, or that fixed by the court.(:a)

Section $. "erfection of appeal- effectthereof. # partyBs appeal by noticeof appeal is dee!ed perfected as tohi! upon the filin" of the notice ofappeal in due ti!e.

# partyBs appeal by record on appeal isdee!ed perfected as to hi! withrespect to the sub&ect !atter thereofupon the approval of the record onappeal filed in due ti!e.

*n appeals by notice of appeal, thecourt loses &urisdiction over the caseupon the perfection of the appeals filedin due ti!e and the expiration of theti!e to appeal of the other parties.

*n appeals by record on appeal, thecourt loses &urisdiction only over the

sub&ect !atter thereof upon theapproval of the records on appeal filedin due ti!e and the expiration of theappeal of the other parties.

*n either case, prior to the trans!ittalof the ori"inal record or the record onappeal, the court !ay issue orders forthe protection and preservation of theri"hts of the parties which do notinvolve any !atter liti"ated by theappeal, approve co!pro!ises, per!itappeals of indi"ent liti"ants, orderexecution pendin" appeal inaccordance with $ of Rule ;, andallow withdrawal of the appeal. (;a)

Section 1%. )uty of cler' of court ofthe lower court upon perfection ofappeal. /ithin thirty (


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court of the Re"ional Trial Court, there7uisite nu!ber of plain copiesthereof and of the pleadin"s and other!aterial portions of the record aswould support the alle"ations of thepetition.

The petitioner shall also sub!itto"ether with the petition a certificationunder oath that he has not theretofore

co!!enced any other action involvin"the sa!e issues in the upre!e Court,the Court of #ppeals or differentdivisions thereof, or any other tribunalor a"ency- if there is such other actionor proceedin", he !ust state the statusof the sa!e- and if he shouldthereafter learn that a si!ilar action orproceedin" has been fi led or ispendin" before the upre!e Court,the Court of #ppeals, or differentdivisions thereof, or any other tribunalor a"ency, he undertakes to pro!ptlyinfor! the aforesaid courts and othertribunal or a"ency thereof within five

(0) days therefro!. (n)

Section 3. (ffect of failure to complywith re5uirements. The failure of thepetitioner to co!ply with any of thefore"oin" re7uire!ents re"ardin" thepay!ent of the docket and other lawfulfees, the deposit for costs, proof ofservice of the petition, and thecontents of and the docu!ents whichshould acco!pany the petition shall besufficient "round for the dis!issalthereof. (n)

Section 4.&ction on the petition. The Court of #ppeals !ay re7uire therespondent to file a co!!ent on thepetition, not a !otion to dis!iss, withinten (1


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(1) !otion for reconsideration shall beallowed. 5pon proper !otion and thepay!ent of the full a!ount of thedocket fee before the expiration of there"le!entary period, the Court of

#ppeals !ay "rant an additionalperiod of fifteen (10) days only withinwhich to file the petition for review. =ofurther extension shall be "rantedexcept for the !ost co!pellin" reasonand in no case to exceed fifteen (10)

days. (n)

Section 5. 2ow appeal ta'en. #ppeal shall be taken by filin" averified petition for review in seven (9)le"ible copies with the Court of

#ppeals, with proof of service of acopy thereof on the adverse party andon the court or a"ency a 5uo. Theori"inal copy of the petition intendedfor the Court of #ppeals shall beindicated as such by the petitioner.

5pon the filin" of the petition, the

petitioner shall pay to the clerk of courtof the Court of #ppeals the docketin"and other lawful fees and deposit thesu! of 80

7/27/20

Civpro Codal

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