Rules of Court (1)

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RULES OF COURT1997 RULES OF CIVIL PROCEDURE, AS AMENDED(RULES 1-71, RULES OF COURT)EFFECTIVE JULY 1, 1997Per Resolution of the Supreme Court in Bar Matter No. 803

Adopted in Baguio City on April 8, !!" RULES OF COURTPursuant to the provisions of section 5 (5) of Article VIII of theConstitution, the Supreme Court hereby adopts andpromulgates the folloing rules concerning the protection and

enforcement of constitutional rights, pleading, practice andprocedure in all courts, the admission to the practice of la, theIntegrated !ar, and legal assistance to the underprivileged"RULE 1Genera Pr!"#$#!n$Se%!n 1' #itle of the Rules# � $hese %ule shall be &nonand cited as the %ules of Court# (')Se%!n ' $n %hat &ourts appli&a'le# � $hese %ules shallapply in all the courts, ecept as otherise provided by theSupreme Court# (n)Se%!n ' Cases go(erned # � $hese %ules shall govern theprocedure to be observed in actions, civil or criminal andspecial proceedings#

(a) A civil action is one by hich a party sues another

for the enforcement or protection of a right, or theprevention or redress of a rong, ('a, %) A civil action may either be ordinary or special# !othare governed by the rules for ordinary civil actions,sub*ect to the specific rules prescribed for a specialcivil action# (n)(b) A criminal action is one by hich the Stateprosecutes a person for an act or omissionpunishable by la# (n)(c) A special proceeding is a remedy by hich a partysee&s to establish a status, a right, or a particular fact#(a, %)

Se%!n *' $n %hat &ase not appli&a'le# � $hese %ules shallnot apply to election cases, land registration, cadastral,naturali+ation and insolvency proceedings, and other cases not

herein provided for, ecept by analogy or in a suppletorycharacter and henever practicable and convenient# (%'-a)Se%!n +' Commen&ement of a&tion# � A civil action iscommenced by the filing of the original complaint in court# If anadditional defendant is impleaded in a later pleading, the actionis commenced ith regard to him on the dated of the filing of such later pleading, irrespective of hether the motion for itsadmission, if necessary, is denied by the court# (.a)Se%!n ' Constru&tion# � $hese %ules shall be liberallyconstrued in order to promote their ob*ective of securing a *ust,speedy and inepensive disposition of every action andproceeding# (a)

C#"# A%!n$Or#nar. C#"# A%!n$

RULE Ca/$e !0 A%!nSe%!n 1' )rdinary &i(il a&tions, 'asis of. � /very ordinarycivil action must be based on a cause of action# (n)Se%!n ' Cause of a&tion, defined #� A cause of action is theact or omission by hich a party violates a right of another# (n)Se%!n ' )ne suit for a single &ause of a&tion#� A party maynot institute more than one suit for a single cause of action#(-a)Se%!n *' Splitting a single &ause of a&tion0 effe&t of.� If toor more suits are instituted on the basis of the same cause of

action, the filing of one or a *udgment upon the merits in anyone is available as a ground for the dismissal of the others(a)Se%!n +' *oinder of &auses of a&tion# � A party may in onepleading assert, in the alternative or otherise, as manycauses of action as he may have against an opposing partysub*ect to the folloing conditions"

(a) $he party *oining the causes of action shall complyith the rules on *oinder of parties0(b) $he *oinder shall not include special civil actions oactions governed by special rules0

(c) 1here the causes of action are beteen the sameparties but pertain to different venues or *urisdictionsthe *oinder may be alloed in the %egional $rial Courprovided one of the causes of action falls ithin the

*urisdiction of said court and the venue lies thereinand(d) 1here the claims in all the causes action areprincipally for recovery of money, the aggregateamount claimed shall be the test of *urisdiction# (5a)

Se%!n ' Mis+oinder of &auses of a&tion# � 2is*oinder ocauses of action is not a ground for dismissal of an action# Amis*oined cause of action may, on motion of a party or on theinitiative of the court, be severed and proceeded ithseparately# (n)

RULE Pare$ &! C#"# A%!n$Se%!n 1' ho may 'e parties0 plaintiff and defendant # �3nly natural or *uridical persons, or entities authori+ed by lamay be parties in a civil action# $he term 4plaintiff4 may refer tothe claiming party, the counterclaimant, the crossclaimant, othe third (fourth, etc#) � party plaintiff# $he term 4defendantmay refer to the original defending party, the defendant in acounterclaim, the crossdefendant, or the third (fourth, etc#) �party defendant# ('a)Se%!n ' Parties in interest # � A real party in interest is theparty ho stands to be benefited or in*ured by the *udgment inthe suit, or the party entitled to the avails of the suit# 6nlessotherise authori+ed by la or these %ules, every action mus

be prosecuted or defended in the name of the real party ininterest# (a)Se%!n ' Representati(es as parties# � 1here the action isalloed to be prosecuted and defended by a representative orsomeone acting in a fiduciary capacity, the beneficiary shall beincluded in the title of the case and shall be deemed to be thereal property in interest# A representative may be a trustee ofan epert trust, a guardian, an eecutor or administrator, or aparty authori+ed by la or these %ules# An agent acting in hison name and for the benefit of an undisclosed principal maysue or be sued ithout *oining the principal ecept hen thecontract involves things belonging to the principal# (-a)Se%!n *' Spouses as parties# � 7usband and ife shall sueor be sued *ointly, ecept as provided by la# (a)Se%!n +' Minor or in&ompetent persons# � A minor or a

person alleged to be incompetent, may sue or be sued ith theassistance of his father, mother, guardian, or if he has none, aguardian ad litem# (5a)Se%!n ' Permissi(e +oinder of parties# � All persons inhom or against hom any right to relief in respect to orarising out of the same transaction or series of transactions isalleged to eist, hether *ointly, severally, or in the alternativemay, ecept as otherise provided in these %ules, *oin asplaintiffs or be *oined as defendants in one complaint, hereany 8uestion of la or fact common to all such plaintiffs or toall such defendants may arise in the action0 but the court mayma&e such orders as may be *ust to prevent any plaintiff o

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defendant from being embarrassed or put to epense inconnection ith any proceedings in hich he may have nointerest# (.n)Se%!n 7' Compulsory +oinder of indispensa'le parties# �Parties in interest ithout hom no final determination can behad of an action shall be *oined either as plaintiffs or defendants# (9)Se%!n ' Ne&essary party # � A necessary party is one hois not indispensable but ho ought to be *oined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim sub*ect

of the action# (:a)Se%!n 9' Non-+oinder of ne&essary parties to 'e pleaded # �1henever in any pleading in hich a claim is asserted anecessary party is not *oined, the pleader shall set forth hisname, if &non, and shall state hy he is omitted# Should thecourt find the reason for the omission unmeritorious, it mayorder the inclusion of the omitted necessary party if *urisdictionover his person may be obtained#$he failure to comply ith the order for his inclusion, ithout

*ustifiable cause, shall be deemed a aiver of the claim againstsuch party#$he noninclusion of a necessary party does not prevent thecourt from proceeding in the action, and the *udgment renderedtherein shall be ithout pre*udice to the rights of such

necessary party# (:a, ;a)Se%!n 12' n%illing &o-plaintiff. � If the consent of any partyho should be *oined as plaintiff can not be obtained, he maybe made a defendant and the reason therefor shall be stated inthe complaint# ('


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an indigent is in fact a person ith sufficient income or property, the proper doc&et and other laful fees shall beassessed and collected by the cler& of court# If payment is notmade ithin the time fied by the court, eecution shall issueor the payment thereof, ithout pre*udice to such other sanctions as the court may impose# (a)Se%!n ' Noti&e to the Soli&itor eneral # � In any actioninvolving the validity of any treaty, la, ordinance, eecutiveorder, presidential decree, rules or regulations, the court, in itsdiscretion, may re8uire the appearance of the Solicitor ?eneralho may be heard in person or a representative duly

designated by him# (-a)

RULE *Ven/e !0 A%!n$Se%!n 1' 4enue of real a&tions#� Actions affecting title to or possession of real property, or interest therein, shall becommenced and tried in the proper court hich has *urisdictionover the area herein the real property involved, or a portionthereof, is situated#>orcible entry and detainer actions shall be commenced andtried in the municipal trial court of the municipality or cityherein the real property involved, or a portion thereof, issituated# ('@a, @aa)Se%!n ' 4enue of personal a&tions#� All other actions maybe commenced and tried here the plaintiff or any of theprincipal plaintiffs resides, or here the defendant or any of theprincipal defendants resides, or in the case of a nonresidentdefendant here he may be found, at the election of theplaintiff# (@ba)Se%!n ' 4enue of a&tions against nonresidents# � If any of the defendants does not reside and is not found in thePhilippines, and the action affects the personal status of theplaintiff, or any property of said defendant located in thePhilippines, the action may be commenced and tried in thecourt of the place here the plaintiff resides, or here theproperty or any portion thereof is situated or found# (@ca)Se%!n *' hen Rule not appli&a'le# � $his %ule shall notapply#

(a) In those cases here a specific rule or laprovides otherise0 or (b) 1here the parties have validly agreed in ritingbefore the filing of the action on the eclusive venuethereof# (-a, 5a)

RULE +Un#0!r3 Pr!%e/re In Tr#a C!/r&$Se%!n 1' niform pro&edure# � $he procedure in the2unicipal $rial Courts shall be the same as in the %egional$rial Courts, ecept (a) here a particular provision epresslyor impliedly applies only to either of said courts, or (b) in civilcases governed by the %ule on Summary Procedure# (n)Se%!n ' Meaning of terms# � $he term 42unicipal $rialCourts4 as used in these %ules shall include 2etropolitan $rial

Courts, 2unicipal $rial Courts in Cities, 2unicipal $rial Courts,and 2unicipal Circuit $rial Courts# ('a)

Pr!%e/re In Re4#!na Tr#a C!/r&$

RULE 5#n$ O0 Pea#n4$Se%!n 1' Pleadings defined # � Pleadings are the rittenstatements of the respective claims and defenses of the partiessubmitted to the court for appropriate *udgment# ('a)Se%!n ' Pleadings allo%ed # � $he claims of a party areasserted in a complaint, counterclaim, crossclaim, third(fourth, etc#)party complaint, or complaintinintervention#

$he defenses of a party are alleged in the anser to thepleading asserting a claim against him#

An anser may be responded to by a reply# (n)Se%!n ' Complaint # � $he complaint is the pleadingalleging the plaintiffBs cause or causes of action# $he namesand residences of the plaintiff and defendant must be stated inthe complaint# (-a)Se%!n *' Ans%er # � An anser is a pleading in hich adefending party sets forth his defenses# (a)Se%!n +' 1efenses# � efenses may either be negative oaffirmative#

(a) A negative defense is the specific denial of thematerial fact or facts alleged in the pleading of theclaimant essential to his cause or causes of action#(b) An affirmative defense is an allegation of a nematter hich, hile hypothetically admitting thematerial allegations in the pleading of the claimantould nevertheless prevent or bar recovery by him$he affirmative defenses include fraud, statute olimitations, release, payment, illegality, statute ofrauds, estoppel, former recovery, discharge inban&ruptcy, and any other matter by ay oconfession and avoidance# (5a)

Se%!n ' Counter&laim# � A counterclaim is any claim hicha defending party may have against an opposing party# (.a)

Se%!n 7' Compulsory &ounter&laim#�

A compulsorycounterclaim is one hich, being cogni+able by the regulacourts of *ustice, arises out of or is connected ith thetransaction or occurrence constituting the sub*ect matter of theopposing partyBs claim and does not re8uire for its ad*udicationthe presence of third parties of hom the court cannot ac8uire

*urisdiction# Such a counterclaim must be ithin the *urisdictionof the court both as to the amount and the nature thereofecept that in an original action before the %egional $rial Courtthe counterclaim may be considered compulsory regardless othe amount# (n)Se%!n ' Cross-&laim# � A crossclaim is any claim by oneparty against a coparty arising out of the transaction ooccurrence that is the sub*ect matter either of the originaaction or of a counterclaim therein# Such crossclaim may

include a claim that the party against hom it is asserted is omay be liable to the crossclaimant for all or part of a claimasserted in the action against the crossclaimant# (9)Se%!n 9' Counter-&ounter&laims and &ounter-&ross&laims# �

A counterclaim may be asserted against an original counterclaimant#

A crossclaim may also be filed against an original crossclaimant# (n)Se%!n 12' Reply # � A reply is a pleading, the office ofunction of hich is to deny, or allege facts in denial oavoidance of ne matters alleged by ay of defense in theanser and thereby *oin or ma&e issue as to such ne mattersIf a party does not file such reply, all the ne matters alleged inthe anser are deemed controverted#If the plaintiff ishes to interpose any claims arising out of the

ne matters so alleged, such claims shall be set forth in anamended or supplemental complaint# ('')Se%!n 11' #hird, 5fourth, et&.6� party &omplaint # � A third(fourth, etc#) � party complaint is a claim that a defendingparty may, ith leave of court, file against a person not a partyto the action, called the third (fourth, etc#) � party defendanfor contribution, indemnity, subrogation or any other relief, inrespect of his opponentBs claim# ('a)Se%!n 1' Bringing ne% parties# � 1hen the presence oparties other than those to the original action is re8uired for thegranting of complete relief in the determination of acounterclaim or crossclaim, the court shall order them to be

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brought in as defendants, if *urisdiction over them can beobtained# (')Se%!n 1' Ans%er to third 5fourth, et&.6� party &omplaint # �

A third (fourth, etc#) � party defendant may allege in hisanser his defenses, counterclaims or crossclaims, includingsuch defenses that the third (fourth, etc#)� party plaintiff mayhave against the original plaintiffBs claim# In proper cases, hemay also assert a counterclaim against the original plaintiff inrespect of the latterBs claim against the thirdparty plaintiff# (n)

RULE 7

Par&$ !0 a Pea#n4Se%!n 1' Caption# � $he caption sets forth the name of thecourt, the title of the action, and the doc&et number if assigned#$he title of the action indicates the names of the parties# $heyshall all be named in the original complaint or petition0 but insubse8uent pleadings, it shall be sufficient if the name of thefirst party on each side be stated ith an appropriate indicationhen there are other parties#$heir respective participation in the case shall be indicated#('a, a)Se%!n ' #he 'ody # � $he body of the pleading sets fourthits designation, the allegations of the partyBs claims or defenses, the relief prayed for, and the date of the pleading# (n)

(a) Paragraphs# � $he allegations in the body of a

pleading shall be divided into paragraphs sonumbered to be readily identified, each of hich shallcontain a statement of a single set of circumstancesso far as that can be done ith convenience# Aparagraph may be referred to by its number in allsucceeding pleadings# (-a)(b) 7eadings# � 1hen to or more causes of actionare *oined the statement of the first shall be prefacedby the ords 4first cause of action,BB of the second by4second cause of action4, and so on for the others#1hen one or more paragraphs in the anser areaddressed to one of several causes of action in thecomplaint, they shall be prefaced by the ords4anser to the first cause of action4 or 4anser to thesecond cause of action4 and so on0 and hen one or

more paragraphs of the anser are addressed toseveral causes of action, they shall be prefaced byords to that effect# ()(c) Relief. � $he pleading shall specify the relief sought, but it may add a general prayer for suchfurther or other relief as may be deemed *ust or e8uitable# (-a, %.)(d) 1ate#� /very pleading shall be dated# (n)

Se%!n ' Signature and address# � /very pleading must besigned by the party or counsel representing him, stating ineither case his address hich should not be a post office bo#$he signature of counsel constitutes a certificate by him that hehas read the pleading0 that to the best of his &noledge,information, and belief there is good ground to support it0 andthat it is not interposed for delay#

An unsigned pleading produces no legal effect# 7oever, thecourt may, in its discretion, allo such deficiency to beremedied if it shall appear that the same as due to mereinadvertence and not intended for delay# Counsel hodeliberately files an unsigned pleading, or signs a pleading inviolation of this %ule, or alleges scandalous or indecent matter therein, or fails promptly report to the court a change of hisaddress, shall be sub*ect to appropriate disciplinary action# (5a)Se%!n *' 4erifi&ation# � /cept hen otherise specificallyre8uired by la or rule, pleadings need not be under oath,verified or accompanied by affidavit #(5a)

A pleading is verified by an affidavit that the affiant has readthe pleading and that the allegations therein are true andcorrect of his &noledge and belief#

A pleading re8uired to be verified hich contains a verificationbased on 4information and belief4, or upon 4&noledgeinformation and belief4, or lac&s a proper verification, shall betreated as an unsigned pleading# (.a)Se%!n +' Certifi&ation against forum shopping #� $he plaintifor principal party shall certify under oath in the complaint orother initiatory pleading asserting a claim for relief, or in asorn certification anneed thereto and simultaneously filed

thereith" (a) that he has not theretofore commenced anyaction or filed any claim involving the same issues in any courttribunal or 8uasi*udicial agency and, to the best of his&noledge, no such other action or claim is pending therein(b) if there is such other pending action or claim, a completestatement of the present status thereof0 and (c) if he shouldthereafter learn that the same or similar action or claim hasbeen filed or is pending, he shall report that fact ithin five (5days therefrom to the court herein his aforesaid complaint orinitiatory pleading has been filed#>ailure to comply ith the foregoing re8uirements shall not becurable by mere amendment of the complaint or other initiatorypleading but shall be cause for the dismissal of the caseithout pre*udice, unless otherise provided, upon motion andafter hearing# $he submission of a false certification or noncompliance ith any of the underta&ings therein shalconstitute indirect contempt of court, ithout pre*udice to thecorresponding administrative and criminal actions# If the acts othe party or his counsel clearly constitute illful and deliberateforum shopping, the same shall be ground for summarydismissal ith pre*udice and shall constitute direct contemptas ell as a cause for administrative sanctions# (n)

RULE Manner !0 Ma6#n4 Ae4a!n$ #n Pea#n4$Se%!n 1' $n general # � /very pleading shall contain in amethodical and logical form, a plain, concise and direcstatement of the ultimate facts on hich the party pleadingrelies for his claim or defense, as the case may be, omitting the

statement of mere evidentiary facts# (')If a defense relied on is based on la, the pertinent provisionsthereof and their applicability to him shall be clearly andconcisely stated# (n)Se%!n ' Alternati(e &auses of a&tion or defenses#� A partymay set forth to or more statements of a claim or defensealternatively or hypothetically, either in one cause of action odefense or in separate causes of action or defenses# 1hen toor more statements are made in the alternative and one ofthem if made independently ould be sufficient, the pleading isnot made insufficient by the insufficiency of one or more of thealternative statements# ()Se%!n ' Conditions pre&edent # � In any pleading a generaaverment of the performance or occurrence of all conditionsprecedent shall be sufficient# (-)

Se%!n *' Capa&ity # � >acts shoing the capacity of a partyto sue or be sued or the authority of a party to sue or be suedin a representative capacity or the legal eistence of anorgani+ed association of person that is made a party, must beaverred# A party desiring to raise an issue as to the legaeistence of any party or the capacity of any party to sue or besued in a representative capacity, shall do so by specificdenial, hich shall include such supporting particulars as arepeculiarly ithin the pleaderBs &noledge# ()Se%!n +' raud, mista/e, &ondition of the mind # � In alaverments of fraud or mista&e the circumstances constitutingfraud or mista&e must be stated ith particularity# 2alice

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intent, &noledge, or other condition of the mind of a personmay be averred generally#(5a)Se%!n ' *udgment # � In pleading a *udgment or decision of a domestic or foreign court, *udicial or 8uasi*udicial tribunal, or of a board or officer, it is sufficient to aver the *udgment or decision ithout setting forth matter shoing *urisdiction torender it# (.)Se%!n 7' A&tion or defense 'ased on do&ument # �1henever an action or defense is based upon a ritteninstrument or document, the substance of such instrument or document shall be set forth in the pleading, and the original or

a copy thereof shall be attached to the pleading as an ehibit,hich shall be deemed to be a part of the pleading, or saidcopy may ith li&e effect be set forth in the pleading# (9)Se%!n ' 7o% to &ontest su&h do&uments#� 1hen an actionor defense is founded upon a ritten instrument, copied in or attached to the corresponding pleading as provided in thepreceding section, the genuineness and due eecution of theinstrument shall be deemed admitted unless the adverse party,under oath specifically denies them, and sets forth hat heclaims to be the facts, but the re8uirement of an oath does notapply hen the adverse party does not appear to be a party tothe instrument or hen compliance ith an order for aninspection of the original instrument is refused# (:a)Se%!n 9' )ffi&ial do&ument or a&t # � In pleading an official

document or official act, it is sufficient to aver that thedocument as issued or the act done in compliance ith la#(;)Se%!n 12' Spe&ifi& denial # � A defendant must specify eachmaterial allegation of fact the truth of hich he does not admitand, henever practicable, shall set forth the substance of thematters upon hich he relies to support his denial# 1here adefendant desires to deny only a part of an averment, he shallspecify so much of it as is true and material and shall denyonly the remainder# 1here a defendant is ithout &noledge or information sufficient to form a belief as to the truth of amaterial averment made to the complaint, he shall so state,and this shall have the effect of a denial# ('


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Se%!n +' Amendment to &onform to or authori9e presentationof e(iden&e# � 1hen issues not raised by the pleadings aretried ith the epress or implied consent of the parties theyshall be treated in all respects as if they had been raised in thepleadings# Such amendment of the pleadings as may benecessary to cause them to conform to the evidence and toraise these issues may be made upon motion of any party atany time, even after *udgment0 but failure to amend does noteffect the result of the trial of these issues# If evidence isob*ected to at the trial on the ground that it is not ithin theissues made by the pleadings, the court may allo the

pleadings to be amended and shall do so ith liberality if thepresentation of the merits of the action and the ends of substantial *ustice ill be subserved thereby# $he court maygrant a continuance to enable the amendment to be made#(5a)Se%!n ' Supplemental pleadings#� 6pon motion of a partythe court may, upon reasonable notice and upon such terms asare *ust, permit him to serve a supplemental pleading settingforth transactions, occurrences or events hich havehappened since the date of the pleading sought to besupplemented# $he adverse party may plead thereto ithin ten('


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Se%!n 1' Co(erage# � $his %ule shall govern the filing of allpleadings and other papers, as ell as the service thereof,ecept those for hich a different mode of service isprescribed# (n)Se%!n ' iling and ser(i&e, defined # � >iling is the act of presenting the pleading or other paper to the cler& of court#Service is the act of providing a party ith a copy of thepleading or paper concerned# If any party has appeared bycounsel, service upon him shall be made upon his counsel or one of them, unless service upon the party himself is orderedby the court# 1here one counsel appears for several parties,

he shall only be entitled to one copy of any paper served uponhim by the opposite side# (a)Se%!n ' Manner of filing # � $he filing of pleadings,appearances, motions, notices, orders, *udgments and all other papers shall be made by presenting the original copies thereof,plainly indicated as such, personally to the cler& of court or bysending them by registered mail# In the first case, the cler& of court shall endorse on the pleading the date and hour of filing#In the second case, the date of the mailing of motions,pleadings, or any other papers or payments or deposits, asshon by the post office stamp on the envelope or the registryreceipt, shall be considered as the date of their filing, payment,or deposit in court# $he envelope shall be attached to therecord of the case# ('a)

Se%!n *' Papers re:uired to 'e filed and ser(ed #�

/very *udgment, resolution, order, pleading subse8uent to thecomplaint, ritten motion, notice, appearance, demand, offer of

*udgment or similar papers shall be filed ith the court, andserved upon the parties affected# (a)Se%!n +' Modes of ser(i&e# � Service of pleadings motions,notices, orders, *udgments and other papers shall be madeeither personally or by mail# (-a)Se%!n ' Personal ser(i&e# � Service of the papers may bemade by delivering personally a copy to the party or hiscounsel, or by leaving it in his office ith his cler& or ith aperson having charge thereof# If no person is found in hisoffice, or his office is not &non, or he has no office, then byleaving the copy, beteen the hours of eight in the morningand si in the evening, at the partyBs or counselBs residence, if

&non, ith a person of sufficient age and discretion thenresiding therein# (a)Se%!n 7' Ser(i&e 'y mail # � Service by registered mail shallbe made by depositing the copy in the post office in a sealedenvelope, plainly addressed to the party or his counsel at hisoffice, if &non, otherise at his residence, if &non, ithpostage fully prepaid, and ith instructions to the postmaster toreturn the mail to the sender after ten ('


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ansers plaintiff ill ta&e *udgment by default and may begranted the relief applied for#

A copy of the complaint and order for appointment of guardianad litem if any, shall be attached to the original and each copyof the summons# (-a)Se%!n ' By %hom ser(ed # � $he summons may be servedby the sheriff, his deputy, or other proper court officer, or for

*ustifiable reasons by any suitable person authori+ed by thecourt issuing the summons# (5a)Se%!n *' Return# � 1hen the service has been completed,the server shall, ithin five (5) days therefrom, serve a copy of

the return, personally or by registered mail, to the plaintiffBscounsel, and shall return the summons to the cler&, ho issuedit, accompanied by proof of service# (.a)Se%!n +' $ssuan&e of alias summons# � If a summons isreturned ithout being served on any or all of the defendants,the server shall also serve a copy of the return on the plaintiffBscounsel, stating the reasons for the failure of service, ithinfive (5) days therefrom# In such a case, or if the summons hasbeen lost, the cler&, on demand of the plaintiff, may issue analias summons# (a)Se%!n ' Ser(i&e in person on defendant # � 1henever practicable, the summons shall be served by handling a copythereof to the defendant in person, or, if he refuses to receiveand sign for it, by tendering it to him# (9a)

Se%!n 7' Su'stituted ser(i&e#�

If, for *ustifiable causes, thedefendant cannot be served ithin a reasonable time asprovided in the preceding section, service may be effected (a)by leaving copies of the summons at the defendantBs residenceith some person of suitable age and discretion then residingtherein, or (b) by leaving the copies at defendantBs office or regular place of business ith some competent person incharge thereof# (:a)Se%!n ' Ser(i&e upon entity %ithout +uridi&al personality # �1hen persons associated in an entity ithout *uridicalpersonality are sued under the name by hich they aregenerally or commonly &non, service may be effected uponall the defendants by serving upon any one of them, or uponthe person in charge of the office or place of businessmaintained in such name# !ut such service shall not bind

individually any person hose connection ith the entity has,upon due notice, been severed before the action as brought#(;a)Se%!n 9' Ser(i&e upon prisoners#� 1hen the defendant is aprisoner confined in a *ail or institution, service shall beeffected upon him by the officer having the management of such *ail or institution ho is deemed deputi+ed as a specialsheriff for said purpose# ('a)Se%!n 12' Ser(i&e upon minors and in&ompetents# � 1henthe defendant is a minor, insane or otherise an incompetent,service shall be made upon him personally and on his legalguardian if he has one, or if none his guardian ad litem hoseappointment shall be applied for by the plaintiff# In the case of a minor, service may also be made on his father or mother#(l


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Se%!n 1' Motion defined # � A motion is an application for relief other than by a pleading# ('a)Se%!n ' Motions must 'e in %ritings# � All motions shall bein riting ecept those made in open court or in the course of ahearing or trial# (a)Se%!n ' Contents#� A motion shall state the relief sought tobe obtained and the grounds upon hich it is based, and if re8uired by these %ules or necessary to prove facts allegedtherein, shall be accompanied by supporting affidavits andother papers# (-a)Se%!n *' 7earing of motion# � /cept for motions hich thecourt may act upon ithout pre*udicing the rights of theadverse party, every ritten motion shall be set for hearing bythe applicant#/very ritten motion re8uired to be heard and the notice of thehearing thereof shall be served in such a manner as to ensureits receipt by the other party at least three (-) days before thedate of hearing, unless the court for good cause sets thehearing on shorter notice# (a)Se%!n +' Noti&e of hearing #� $he notice of hearing shall beaddressed to all parties concerned, and shall specify the timeand date of the hearing hich must not be later than ten ('riday afternoons, or if >riday is a nonor&ing day, in theafternoon of the net or&ing day# (9a)Se%!n ' )mni'us motion# � Sub*ect to the provisions of section ' of %ule ;, a motion attac&ing a pleading, order,

*udgment, or proceeding shall include all ob*ections thenavailable, and all ob*ections not so included shall be deemedaived# (:a)Se%!n 9' Motion for lea(e# � A motion for leave to file apleading or motion shall be accompanied by the pleading or motion sought to be admitted# (n)Se%!n 12' orm# � $he %ules applicable to pleadings shallapply to ritten motions so far as concerns caption,

designation, signature, and other matters of form# (;a)

RULE 1M!!n &! D#$3#$$Se%!n 1' rounds# � 1ithin the time for but before filing theanser to the complaint or pleading asserting a claim, a motionto dismiss may be made on any of the folloing grounds"

(a) $hat the court has no *urisdiction over the personof the defending party0(b) $hat the court has no *urisdiction over the sub*ectmatter of the claim0(c) $hat venue is improperly laid0(d) $hat the plaintiff has no legal capacity to sue0(e) $hat there is another action pending beteen thesame parties for the same cause0

(f) $hat the cause of action is barred by a prior *udgment or by the statute of limitations0(g) $hat the pleading asserting the claim states nocause of action0(h) $hat the claim or demand set forth in the plaintiffBspleading has been paid, aived, abandoned, or otherise etinguished0(i) $hat the claim on hich the action is founded isenforceable under the provisions of the statute of frauds0 and(*) $hat a condition precedent for filing the claim hasnot been complied ith# ('a)

Se%!n ' 7earing of motion# � At the hearing of the motionthe parties shall submit their arguments on the 8uestions of laand their evidence on the 8uestions of fact involved ecepthose not available at that time# Should the case go to trial, theevidence presented during the hearing shall automatically bepart of the evidence of the party presenting the same# (n)Se%!n ' Resolution of Motion#� After the hearing, the courmay dismiss the action or claim, deny the motion, or order theamendment of the pleading#$he court shall not defer the resolution of the motion for thereason that the ground relied upon is not indubitable#

In every case, the resolution shall state clearly and distinctlythe reasons therefor# (-a)Se%!n *' #ime to plead # � If the motion is denied, themovant shall file his anser ithin the balance of the periodprescribed by %ule '' to hich he as entitled at the time ofserving his motion, but not less than five (5) days in any eventcomputed from his receipt of the notice of the denial# If thepleading is ordered to be amended, he shall file his anseithin the period prescribed by %ule '' counted from service othe amended pleading, unless the court provides a longeperiod# (a)Se%!n +' ffe&t of dismissal #� Sub*ect to the right of appealan order granting a motion to dismiss based on paragraphs (f)(h) and (i) of section ' hereof shall bar the refiling of the same

action or claim# (n)Se%!n ' Pleading grounds as affirmati(e defenses# � If nomotion to dismiss has been filed, any of the grounds fodismissal provided for in this %ule may be pleaded as anaffirmative defense in the anser and, in the discretion of thecourt, a preliminary hearing may be had thereon as if a motionto dismiss had been filed# (5a)$he dismissal of the complaint under this section shall beithout pre*udice to the prosecution in the same or separateaction of a counterclaim pleaded in the anser# (n)

RULE 17D#$3#$$a !0 A%!n$Se%!n 1' 1ismissal upon noti&e 'y plaintiff. � A complainmay be dismissed by the plaintiff by filing a notice of dismissa

at any time before service of the anser or of a motion forsummary *udgment# 6pon such notice being filed, the courshall issue an order confirming the dismissal# 6nless otherisestated in the notice, the dismissal is ithout pre*udice, ecepthat a notice operates as an ad*udication upon the merits henfiled by a plaintiff ho has once dismissed in a competent couran action based on or including the same claim# ('a)Se%!n ' 1ismissal upon motion of plaintiff. � /cept asprovided in the preceding section, a complaint shall not bedismissed at the plaintiffBs instance save upon approval of thecourt and upon such terms and conditions as the court deemsproper# If a counterclaim has been pleaded by a defendanprior to the service upon him of the plaintiffs motion fodismissal, the dismissal shall be limited to the complaint# $hedismissal shall be ithout pre*udice to the right of the

defendant to prosecute his counterclaim in a separate actionunless ithin fifteen ('5) days from notice of the motion hemanifests his preference to have his counterclaim resolved inthe same action# 6nless otherise specified in the order, adismissal under this paragraph shall be ithout pre*udice# Aclass suit shall not be dismissed or compromised ithout theapproval of the court# (a)Se%!n ' 1ismissal due to fault of plaintiff. � If, for no

*ustifiable cause, the plaintiff fails to appear on the date of thepresentation of his evidence in chief on the complaint, or toprosecute his action for an unreasonable length of time, or tocomply ith these %ules or any order of the court, thecomplaint may be dismissed upon motion of the defendant or

9


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upon the courtBs on motion, ithout pre*udice to the right of the defendant to prosecute his counterclaim in the same or in aseparate action# $his dismissal shall have the effect of anad*udication upon the merits, unless otherise declared by thecourt# (-a)Se%!n *' 1ismissal of &ounter&laim, &ross-&laim, or third-

party &omplaint # � $he provisions of this %ule shall apply tothe dismissal of any counterclaim, crossclaim, or thirdpartycomplaint# A voluntary dismissal by the claimant by notice as insection ' of this %ule, shall be made before a responsivepleading or a motion for summary *udgment is served or, if

there is none, before the introduction of evidence at the trial or hearing# (a)

RULE 1Pre-Tr#aSe%!n 1' hen &ondu&ted # � After the last pleading hasbeen served and filed, if shall be the duty of the plaintiff topromptly move e2 parte that the case be set for pretrial (5a,%


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RULE 1S/;!enaSe%!n 1' Su'poena and su'poena du&es te&um# �Subpoena is a process directed to a person re8uiring him toattend and to testify at the hearing or the trial of an action, or atany investigation conducted by competent authority, or for theta&ing of his deposition# It may also re8uire him to bring ithhim any boo&s, documents, or other things under his control, inhich case it is called a subpoena du&es te&um# ('a, %-)Se%!n ' By %hom issued # � $he subpoena may be issuedby�

(a) the court before hom the itness is re8uired toattend0(b) the court of the place here the deposition is to beta&en0(c) the officer or body authori+ed by la to do so inconnection ith investigations conducted by saidofficer or body0 or (d) any Dustice of the Supreme Court or of the Courtof Appeals in any case or investigation pending ithinthe Philippines#

1hen application for a subpoena to a prisoner is made, the *udge or officer shall eamine and study carefully suchapplication to determine hether the same is made for a validpurpose#

=o prisoner sentenced to death, re&lusion perpetua or lifeimprisonment and ho is confined in any penal institution shallbe brought outside the said penal institution for appearance or attendance in any court unless authori+ed by the SupremeCourt (a, %-)Se%!n ' orm and &ontents# � A subpoena shall state thename of the court and the title of the action or investigation,shall be directed to the person hose attendance is re8uired,and in the case of a subpoena du&es te&um, it shall alsocontain a reasonable description of the boo&s, documents or things demanded hich must appear to the court prima fa&ierelevant# (-a, %-)Se%!n *'


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tangible things and the identity and location of persons having&noledge of relevant facts# (, %)Se%!n ' 2amination and &ross-e2amination# �/amination and crosseamination of deponents may proceedas permitted at the trial under sections - to ': of %ule '-# (-a,%)Se%!n *' se of depositions# � At the trial or upon thehearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party ho as present or represented at the ta&ing of the deposition or ho had due

notice thereof, in accordance ith any one of the folloingprovisions0

(a) Any deposition may be used by any party for thepurpose of contradicting or impeaching the testimonyof deponent as a itness0(b) $he deposition of a party or of any one ho at thetime of ta&ing the deposition as an officer, director,or managing agent of a public or private corporation,partnership, or association hich is a party may beused by an adverse party for any purpose0(c) $he deposition of a itness, hether or not aparty, may be used by any party for any purpose if thecourt finds" (') that the itness is dead, or () that theitness resides at a distance more than one hundred('


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unless the parties agree otherise# All ob*ections made at thetime of the eamination to the 8ualifications of the officer ta&ingthe deposition, or to the manner of tal&ing it, or to the evidencepresented, or to the conduct of any party, and any other ob*ection to the proceedings, shall be noted by the officer uponthe deposition# /vidence ob*ected to shall be ta&en sub*ect tothe ob*ections# In lieu of participating in the oral eamination,parties served ith notice of ta&ing a deposition may transmitritten interrogatories to the officers, ho shall propound themto the itness and record the ansers (er'atim# ('9, %)Se%!n 1' Motion to terminate or limit e2amination#� At any

time during the ta&ing of the deposition, on motion or petition of any party or of the deponent, and upon a shoing that theeamination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress thedeponent or party, the court in hich the action is pending or the %egional $rial Court of the place here the deposition isbeing ta&en may order the officer conducting the eaminationto cease forthith from ta&ing the deposition, or may limit thescope and manner of the ta&ing of the deposition, as providedin section '. of this %ule# If the order made terminates theeamination, it shall be resumed thereafter only upon the order of the court in hich the action is pending# 6pon demand of theob*ecting party or deponent, the ta&ing of the deposition shallbe suspended for the time necessary to ma&e a notice for anorder# In granting or refusing such order, the court may imposeupon either party or upon the itness the re8uirement to paysuch costs or epenses as the court may deem reasonable#(':a, %)Se%!n 19' Su'mission to %itness0 &hanges0 signing #� 1henthe testimony is fully transcribed, the deposition shall besubmitted to the itness for eamination and shall be read toor by him, unless such eamination and reading are aived bythe itness and by the parties# Any changes in form or substance hich the itness desires to ma&e shall be enteredupon the deposition by the officer ith a statement of thereasons given by the itness for ma&ing them# $he depositionshall then be signed by the itness, unless the parties bystipulation aive the signing or the itness is ill or cannot befound or refuses to sign# If the deposition is not signed by the

itness, the officer shall sign it and state on the record the factof the aiver or of the illness or absence of the itness or thefact of the refusal to sign together ith the reason be giventherefor, if any, and the deposition may then be used as fully asthough signed, unless on a motion to suppress under section; (f) of this %ule, the court holds that the reasons given for therefusal to sign re8uire re*ection of the deposition in hole or inpart# (';a, %)Se%!n 2' Certifi&ation, and filing 'y offi&er # � $he officer shall certify on the deposition that the itness as duly sornto by him and that the deposition is a true record of thetestimony given by the itness# 7e shall then securely seal thedeposition in an envelope indorsed ith the title of the actionand mar&ed 4eposition of (here insert the name of itness)4and shall promptly file it ith the court in hich the action is

pending or send it by registered mail to the cler& thereof for filing# (


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(d) As to oral e2amination and other parti&ulars# �/rrors and irregularities occurring at the oraleamination in the manner of ta&ing the deposition inthe form of the 8uestions or ansers, in the oath or affirmation, or in the conduct of the parties and errorsof any &ind hich might be obviated, removed, or cured if promptly prosecuted, are aived unlessreasonable ob*ection thereto is made at the ta&ing of the deposition#(e) As to form of %ritten interrogatories#� 3b*ectionsto the form of ritten interrogatories submitted under

sections 5 and . of this %ule are aived unlessserved in riting upon the party propounding themithin the time alloed for serving succeeding crossor other interrogatories and ithin three (-) days after service of the last interrogatories authori+ed#(f) As to manner of preparation# � /rrors andirregularities in the manner in hich the testimony istranscribed or the deposition is prepared, signed,certified, sealed, indorsed, transmitted, filed, or otherise dealt ith by the officer under sections '9,';, < and . of this %ule are aived unless a motionto suppress the deposition or some part thereof ismade ith reasonable promptness after such defectis, or ith due diligence might have been,

ascertained# (;a, %)

RULE *De!$#!n$ :e0!re A%!n !r Pen#n4 AeaSe%!n 1' 1epositions 'efore a&tion0 petition#� A person hodesires to perpetuate his on testimony or that of another person regarding any matter that may be cogni+able in anycourt of the Philippines may file a verified petition in the courtof the place of the residence of any epected adverse party#('a %'-)Se%!n ' Contents of petition#� $he petition shall be entitledin the name of the petitioner and shall sho" (a) that thepetitioner epects to be a party to an action in a court of thePhilippines but is presently unable to bring it or cause it to bebrought0 (b) the sub*ect matter of the epected action and his

interest therein0 (c) the facts hich he desires to establish bythe proposed testimony and his reasons for desiring toperpetuate it0 (d) the names or a description of the persons heepects ill be adverse parties and their addresses so far as&non0 and (e) the names and addresses of the persons to beeamined and the substance of the testimony hich heepects to elicit from each, and shall as& for an order authori+ing the petitioner to ta&e the depositions of the personsto be eamined named in the petition for the purpose of perpetuating their testimony# (, %'-)Se%!n ' Noti&e and ser(i&e# � $he petitioner shall serve anotice upon each person named in the petition as an epectedadverse party, together ith a copy of the petition, stating thatthe petitioner ill apply to the court, at a time and place namedtherein, for the order described in the petition# At least tenty

(or the purpose of applying%ule - to depositions for perpetuating testimony, eachreference therein to the court in hich the action is pendingshall be deemed to refer to the court in hich the petition forsuch deposition as filed# (5a, %'-)Se%!n ' se of deposition# � If a deposition to perpetuatetestimony is ta&en under this %ule, or if, although not so ta&enit ould be admissible in evidence, it may be used in anyaction involving the same sub*ect matter subse8uently broughin accordance ith the provisions of sections and 5 of %ule-# (.a, %'-)

Se%!n 7' 1epositions pending appeal # � If an appeal hasbeen ta&en from a *udgment of a court, including the Court of

Appeals in proper cases, or before the ta&ing of an appeal ithe time therefor has not epired, the court in hich the

*udgment as rendered may allo the ta&ing of depositions oitnesses to perpetuate their testimony for in the event ofurther proceedings in the said court# In such case the partyho desires to perpetuate the testimony may ma&e a motion inthe said court for leave to ta&e the depositions, upon the samenotice and service thereof as if the action as pending therein$he motion shall state (a) the names and addresses of thepersons to be eamined and the substance of the testimonyhich he epects to elicit from each, and (b) the reason forperpetuating their testimony# If the court finds that the

perpetuation of the testimony is proper to avoid a failure odelay of *ustice, it may ma&e an order alloing the depositionto be ta&en, and thereupon the depositions may be ta&en andused in the same manner and under the same conditions asare prescribed in these %ules for depositions ta&en in pendingactions# (9a, %'-)

RULE +In&err!4a&!r#e$ &! Pare$Se%!n 1' $nterrogatories to parties0 ser(i&e thereof. � 6ndethe same conditions specified in section ' of %ule -, any partydesiring to elicit material and relevant facts from any adverseparties shall fi le and serve upon the latter ritteninterrogatories to be ansered by the party served or, if theparty served is a public or private corporation or a partnership

or association, by any officer thereof competent to testify in itsbehalf# ('a)Se%!n ' Ans%er to interrogatories# � $he interrogatoriesshall be ansered fully in riting and shall be signed andsorn to by the person ma&ing them# $he party upon homthe interrogatories have been served shall file and serve acopy of the ansers on the party submitting the interrogatoriesithin fifteen ('5) days after service thereof unless the court onmotion and for good cause shon, etends or shortens thetime# (a)Se%!n ' )'+e&tions to interrogatories# � 3b*ections to anyinterrogatories may be presented to the court ithin ten ('<days after service thereof, ith notice as in case of a motion0and ansers shall be deferred until the ob*ections areresolved, hich shall be at as early a time as is practicable

(-a)Se%!n *' Num'er of interrogatories#� =o party may, ithouleave of court, serve more than one set of interrogatories to beansered by the same party# ()Se%!n +' S&ope and use of interrogatories#� Interrogatoriesmay relate to any matters that can be in8uired into undesection of %ule -, and the ansers may be used for thesame purposes provided in section of the same %ule# (5a)Se%!n ' ffe&t of failure to ser(e %ritten interrogatories# �6nless thereafter alloed by the court for good cause shonand to prevent a failure of *ustice, a party not served ithritten interrogatories may not be compelled by the adverse

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party to give testimony in open court, or to give a depositionpending appeal# (n)

RULE A3#$$#!n ;. A"er$e Par&.Se%!n 1' Re:uest for admission# � At any time after issueshave been *oined, a party may file and serve upon any other party may file and serve upon any other party a ritten re8uestfor the admission by the latter of the genuineness of anymaterial and relevant document described in and ehibited iththe re8uest or of the truth of any material and relevant matter

of fact set forth in the re8uest# Copies of the documents shallbe delivered ith the re8uest unless copy have already beenfurnished# ('a)Se%!n ' $mplied admission# � /ach of the matters of hichan admission is re8uested shall be deemed admitted unless,ithin a period designated in the re8uest, hich shall not beless than fifteen ('5) days after service thereof, or ithin suchfurther time as the court may allo on motion, the party tohom the re8uest is directed files and serves upon the partyre8uesting the admission a sorn statement either denyingspecifically the matters of hich an admission is re8uested or setting forth in detail the reasons hy he cannot truthfullyeither admit or deny those matters#3b*ections to any re8uest for admission shall be submitted tothe court by the party re8uested ithin the period for and prior to the filing of his sorn statement as contemplated in thepreceding paragraph and his compliance thereith shall bedeferred until such ob*ections are resolved, hich resolutionshall be made as early as practicable# (a)Se%!n ' ffe&t of admission# � Any admission made by aparty pursuant to such re8uest is for the purpose of thepending action only and shall not constitute an admission byhim for any other purpose nor may the same be used againsthim in any other proceeding# (-)Se%!n *' ithdra%al # � $he court may allo the partyma&ing an admission under the %ule, hether epress or implied, to ithdra or amend it upon such terms as may be

*ust# ()Se%!n +' ffe&t of failure to file and ser(e re:uest for

admission# � 6nless otherise alloed by the court for goodcause shon and to prevent a failure of *ustice a party hofails to file and serve a re8uest for admission on the adverseparty of material and relevant facts at issue hich are, or oughtto be, ithin the personal &noledge of the latter, shall not bepermitted to present evidence on such facts# (n)

RULE 7Pr!/%!n !r In$e%!n !0 D!%/3en&$ !r T#n4$Se%!n 1' Motion for produ&tion or inspe&tion0 order # � 6ponmotion of any party shoing good cause therefor, the court inhich an action is pending may (a) order any party to produceand permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents,papers, boo&s, accounts, letters, photographs, ob*ects or

tangible things, not privileged, hich constitute or containevidence material to any matter involved in the action andhich are in his possession, custody or control, or (b) order any party to permit entry upon designated land or other property in his possession or control for the purpose of inspecting, measuring, surveying, or photographing theproperty or any designated relevant ob*ect or operationthereon# $he order shall specify the time, place and manner of ma&ing the inspection and ta&ing copies and photographs, andmay prescribe such terms and conditions as are *ust# ('a)

RULE P.$#%a an Men&a E


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submit to a physical or mental eamination, the court mayma&e such orders in regard to the refusal as are *ust, andamong others the folloing"

(a) An order that the matters regarding hich the8uestions ere as&ed, or the character or descriptionof the thing or land, or the contents of the paper, or the physical or mental condition of the party, or anyother designated facts shall be ta&en to beestablished for the purposes of the action inaccordance ith the claim of the party obtaining theorder0

(b) An order refusing to allo the disobedient party tosupport or oppose designated claims or defenses or prohibiting him from introducing in evidencedesignated documents or things or items of testimony,or from introducing evidence of physical or mentalcondition0(c) An order stri&ing out pleadings or parts thereof, or staying further proceedings until the order is obeyed,or dismissing the action or proceeding or any partthereof, or rendering a *udgment by default againstthe disobedient party0 and(d) In lieu of any of the foregoing orders or in additionthereto, an order directing the arrest of any party or agent of a party for disobeying any of such ordersecept an order to submit to a physical or mentaleamination# (-a)

Se%!n *' 2penses on refusal to admit # � If a party after being served ith a re8uest under %ule . to admit thegenuineness of any document or the truth of any matter of factserves a sorn denial thereof and if the party re8uesting theadmissions thereafter proves the genuineness of suchdocument or the truth of any such matter of fact, he may applyto the court for an order re8uiring the other party to pay him thereasonable epenses incurred in ma&ing such proof, includingattorneyBs fees# 6nless the court finds that there ere goodreasons for the denial or that admissions sought ere of nosubstantial importance, such order shall be issued# (a)

Se%!n +' ailure of party to attend or ser(e ans%ers # � If aparty or an officer or managing agent of a party ilfully fails to

appear before the officer ho is to ta&e his deposition, after being served ith a proper notice, or fails to serve ansers tointerrogatories submitted under %ule 5 after proper service of such interrogatories, the court on motion and notice, may stri&eout all or any part of any pleading of that party, or dismiss theaction or proceeding or any part thereof, or enter a *udgmentby default against that party, and in its discretion, order him topay reasonable epenses incurred by the other, includingattorneyBs fees# (5)Se%!n ' 2penses against the Repu'li& of the Philippines#

� /penses and attorneyBs fees are not to be imposed uponthe %epublic of the Philippines under this %ule# (.)

RULE 2Tr#a

Se%!n 1' Noti&e of #rial # � 6pon entry of a case in the trialcalendar, the cler& shall notify the parties of the date of its trialin such manner as shall ensure his receipt of that notice atleast five (5) days before such date# (a, %)

Se%!n ' Ad+ournments and postponements# � A court mayad*ourn a trial from day to day, and to any stated time, as theepeditious and convenient transaction of business mayre8uire, but shall have no poer to ad*ourn a trial for a longer period than one month for each ad*ournment nor more thanthree months in all, ecept hen authori+ed in riting by theCourt Administrator, Supreme Court# (-a, %)

Se%!n ' Re:uisites of motion to postpone trial for a'sen&e

of e(iden&e# � A motion to postpone a trial on the ground oabsence of evidence can be granted only upon affidavishoing the materiality or relevancy of such evidence, and thadue diligence has been used to procure it# !ut if the adverseparty admits the facts to be given in evidence, even if heob*ects or reserves the right to ob*ect to their admissibility, thetrial shall not be postponed# (a, %0 !ar 2atter =o# :


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ob*ections to any 8uestion or to the admission of ehibits,hich ob*ections shall be resolved by the court uponsubmission of his report and the transcripts ithin ten ('


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allegations of the adverse partyBs pleading, the court may0 onmotion of that party, direct *udgment on such pleading#7oever, in actions for declaration of nullity or annulment of marriage or for legal separation, the material facts alleged inthe complaint shall alays be proved# ('a, %';)

RULE +S/33ar. J/43en&$

Se%!n 1' Summary +udgment for &laimant # � A party see&ingto recover upon a claim, counterclaim, or crossclaim or toobtain a declaratory relief may, at any time after the pleading in

anser thereto has been served, move ith supportingaffidavits, depositions or admissions for a summary *udgmentin his favor upon all or any part thereof# ('a, %-)

Se%!n ' Summary +udgment for defending party # � A partyagainst hom a claim, counterclaim, or crossclaim is assertedor a declaratory relief is sought may, at any time, move ithsupporting affidavits, depositions or admissions for a summary

*udgment in his favor as to all or any part thereof# (a, %-)

Se%!n ' Motion and pro&eedings thereon# � $he motionshall be served at least ten ('


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paragraph (a) of the preceding section shall be supported byaffidavits of merits hich may be rebutted by affidavits# Amotion for the cause mentioned in paragraph (b) shall besupported by affidavits of the itnesses by hom suchevidence is epected to be given, or by duly authenticateddocuments hich are proposed to be introduced in evidence#

A motion for reconsideration shall point out a specifically thefindings or conclusions of the *udgment or final order hich arenot supported by the evidence or hich are contrary to lama&ing epress reference to the testimonial or documentaryevidence or to the provisions of la alleged to be contrary to

such findings or conclusions# A pro forma motion for ne trial or reconsideration shall not tollthe reglementary period of appeal# (a)Se%!n ' A&tion upon motion for ne% trial or re&onsideration#

� $he trial court may set aside the *udgment or final order andgrant a ne trial, upon such terms as may be *ust, or may denythe motion# If the court finds that ecessive damages havebeen aarded or that the *udgment or final order is contrary tothe evidence or la, it may amend such *udgment or final order accordingly# (-a)

Se%!n *' Resolution of motion# � A motion for ne trial or reconsideration shall be resolved ithin thirty (-


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$he appellate court may, on motion in the same case, henthe interest of *ustice so re8uires, direct the court of origin toissue the rit of eecution# (n)

Se%!n ' 1is&retionary e2e&ution#�(a) 2e&ution of a +udgment or final order pending

appeal # � 3n motion of the prevailing party ithnotice to the adverse party filed in the trial court hileit has *urisdiction over the case and is in possessionof either the original record or the record on appeal,as the case may be, at the time of the filing of suchmotion, said court may, in its discretion, order eecution of a *udgment or final order even before theepiration of the period to appeal#

After the trial court has lost *urisdiction the motion for eecution pending appeal may be filed in theappellate court#iscretionary eecution may only issue upon goodreasons to be stated in a special order after duehearing#(b) 2e&ution of se(eral , separate or partial

+udgments# � A several, separate or partial *udgmentmay be eecuted under the same terms andconditions as eecution of a *udgment or final order pending appeal# (a)

Se%!n ' Stay of dis&retionary e2e&ution# � iscretionary

eecution issued under the preceding section may be stayedupon approval by the proper court of a sufficient supersedeasbond filed by the party against hom it is directed, conditionedupon the performance of the *udgment or order alloed to beeecuted in case it shall be finally sustained in hole or in part#$he bond thus given may be proceeded against on motion ithnotice to the surety# (-a )

Se%!n *' *udgments not stayed 'y appeal # � Dudgments inactions for in*unction, receivership, accounting and support,and such other *udgments as are no or may hereafter bedeclared to be immediately eecutory, shall be enforceableafter their rendition and shall not, be stayed by an appeal ta&entherefrom, unless otherise ordered by the trial court# 3nappeal therefrom, the appellate court in its discretion mayma&e an order suspending, modifying, restoring or granting the

in*unction, receivership, accounting, or aard of support#$he stay of eecution shall be upon such terms as to bond or otherise as may be considered proper for the security or protection of the rights of the adverse party# (a)

Se%!n +' ffe&t of re(ersal of e2e&uted +udgment # � 1herethe eecuted *udgment is reversed totally or partially, or annulled, on appeal or otherise, the trial court may, onmotion, issue such orders of restitution or reparation of damages as e8uity and *ustice may arrant under thecircumstances# (5a)

Se%!n ' 2e&ution 'y motion or 'y independent a&tion# � Afinal and eecutory *udgment or order may be eecuted onmotion ithin five (5) years from the date of its entry# After thelapse of such time, and before it is barred by the statute of limitations, a *udgment may be enforced by action# $he revived

*udgment may also be enforced by motion ithin five (5) yearsfrom the date of its entry and thereafter by action before it isbarred by the statute of limitations# (.a)

Se%!n 7' 2e&ution in &ase of death of party # � In case of the death of a party, eecution may issue or be enforced in thefolloing manner"

(a) In case of the death of the *udgment obligee, uponthe application of his eecutor or administrator, or successor in interest0(b) In case of the death of the *udgment obligor,against his eecutor or administrator or successor ininterest, if the *udgment be for the recovery of real or

personal property, or the enforcement of a lienthereon0(c) In case of the death of the *udgment obligor, aftereecution is actually levied upon any of his propertythe same may be sold for the satisfaction of the

*udgment obligation, and the officer ma&ing the saleshall account to the corresponding eecutor oadministrator for any surplus in his hands# (9a)

Se%!n ' $ssuan&e, form and &ontents of a %rit of e2e&ution

� $he rit of eecution shall" (') issue in the name of the%epublic of the Philippines from the court hich granted the

motion0 () state the name of the court, the case number andtitle, the dispositive part of the sub*ect *udgment or order0 and(-) re8uire the sheriff or other proper officer to hom it isdirected to enforce the rit according to its terms, in themanner hereinafter provided"

(a) If the eecution be against the property of the *udgment obligor, to satisfy the *udgment, ithinterest, out of the real or personal property of such

*udgment obligor0(b) If it be against real or personal property in thehands of personal representatives, heirs, deviseeslegatees, tenants, or trustees of the *udgment obligorto satisfy the *udgment, ith interest, out of suchproperty0

(c) If it be for the sale of real or personal property tosell such property describing it, and apply theproceeds in conformity ith the *udgment, the materiaparts of hich shall be recited in the rit of eecution0(d) If it be for the delivery of the possession of real orpersonal property, to deliver the possession of thesame, describing it, to the party entitled thereto, andto satisfy any costs, damages, rents, or profitscovered by the *udgment out of the personal propertyof the person against hom it as rendered, and ifsufficient personal property cannot be found, then ouof the real property0 and(e) In all cases, the rit of eecution shall specificallystate the amount of the interest, costs, damagesrents, or profits due as of the date of the issuance of

the rit, aside from the principal obligation under the *udgment# >or this purpose, the motion for eecutionshall specify the amounts of the foregoing reliefssought by the movant#(:a)

Se%!n 9' 2e&ution of +udgments for money , ho% enfor&ed

� (a) $mmediate payment on demand # � $he officeshall enforce an eecution of a *udgment for moneyby demanding from the *udgment obligor theimmediate payment of the full amount stated in therit of eecution and all laful fees# $he *udgmenobligor shall pay in cash, certified ban& chec& payableto the *udgment obligee, or any other form of paymenacceptable to the latter, the amount of the *udgmendebt under proper receipt directly to the *udgmen

obligee or his authori+ed representative if present athe time of payment# $he laful fees shall be handedunder proper receipt to the eecuting sheriff ho shalturn over the said amount ithin the same day to thecler& of court of the court that issued the rit#If the *udgment obligee or his authori+edrepresentative is not present to receive payment, the

*udgment obligor shall deliver the aforesaid paymento the eecuting sheriff# $he latter shall turn over althe amounts coming into his possession ithin thesame day to the cler& of court of the court that issuedthe rit, or if the same is not practicable, deposit saidamounts to a fiduciary account in the neares

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government depository ban& of the %egional $rialCourt of the locality#$he cler& of said court shall thereafter arrange for theremittance of the deposit to the account of the courtthat issued the rit hose cler& of court shall thendeliver said payment to the *udgment obligee insatisfaction of the *udgment# $he ecess, if any, shallbe delivered to the *udgment obligor hile the lafulfees shall be retained by the cler& of court for disposition as provided by la# In no case shall theeecuting sheriff demand that any payment by chec&

be made payable to him#(b) Satisfa&tion 'y le(y # � If the *udgment obligor cannot pay all or part of the obligation in cash,certified ban& chec& or other mode of paymentacceptable to the *udgment obligee, the officer shalllevy upon the properties of the *udgment obligor of every &ind and nature hatsoever hich may bedisposed, of for value and not otherise eempt fromeecution giving the latter the option to immediatelychoose hich property or part thereof may be leviedupon, sufficient to satisfy the *udgment# If the

*udgment obligor does not eercise the option, theofficer shall first levy on the personal properties, if any, and then on the real properties if the personal

properties are insufficient to anser for the *udgment#$he sheriff shall sell only a sufficient portion of thepersonal or real property of the *udgment obligor hich has been levied upon#1hen there is more property of the *udgment obligor than is sufficient to satisfy the *udgment and lafulfees, he must sell only so much of the personal or realproperty as is sufficient to satisfy the *udgment andlaful fees#%eal property, stoc&s, shares, debts, credits, andother personal property, or any interest in either realor personal property, may be levied upon in li&emanner and ith li&e effect as under a rit of attachment#

(c) arnishment of de'ts and &redits# � $he officer

may levy on debts due the *udgment obligor and other credits, including ban& deposits, financial interests,royalties, commissions and other personal propertynot capable of manual delivery in the possession or control of third parties# Eevy shall be made by servingnotice upon the person oing such debts or having inhis possession or control such credits to hich the

*udgment obligor is entitled# $he garnishment shallcover only such amount as ill satisfy the *udgmentand all laful fees#$he garnishee shall ma&e a ritten report to the courtithin five (5) days from service of the notice of garnishment stating hether or not the *udgmentobligor has sufficient funds or credits to satisfy theamount of the *udgment# If not, the report shall state

ho much funds or credits the garnishee holds for the *udgment obligor# $he garnished amount in cash, or certified ban& chec& issued in the name of the

*udgment obligee, shall be delivered directly to the *udgment obligee ithin ten ('


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*udgment obligor in such property at the time of the levy,sub*ect to liens and encumbrances then eisting# ('.a)

Se%!n 1' Property e2empt from e2e&ution# � /cept asotherise epressly provided by la, the folloing property,and no other, shall be eempt from eecution"

(a) $he *udgment obligorBs family home as providedby la, or the homestead in hich he resides, andland necessarily used in connection thereith0(b) 3rdinary tools and implements personally used byhim in his trade, employment, or livelihood0(c) $hree horses, or three cos, or three carabaos, or

other beasts of burden, such as the *udgment obligor may select necessarily used by him in his ordinaryoccupation0(d) 7is necessary clothing and articles for ordinarypersonal use, ecluding *eelry0(e) 7ousehold furniture and utensils necessary for house&eeping, and used for that purpose by the

*udgment obligor and his family, such as the *udgmentobligor may select, of a value not eceeding onehundred thousand pesos0(f) Provisions for individual or family use sufficient for four months0(g) $he professional libraries and e8uipment of

*udges, layers, physicians, pharmacists, dentists,

engineers, surveyors, clergymen, teachers, and other professionals, not eceeding three hundred thousandpesos in value0(h) 3ne fishing boat and accessories not eceedingthe total value of one hundred thousand pesos onedby a fisherman and by the laful use of hich heearns his livelihood0(i) So much of the salaries, ages, or earnings of the

*udgment obligor for his personal services ithin thefour months preceding the levy as are necessary for the support of his family0(*) Eettered gravestones0(&) 2onies, benefits, privileges, or annuities accruingor in any manner groing out of any life insurance0(l) $he right to receive legal support, or money or

property obtained as such support, or any pension or gratuity from the ?overnment0(m) Properties specially eempted by la#

!ut no article or species of property mentioned in this sectionshall be eempt from eecution issued upon a *udgmentrecovered for its price or upon a *udgment of foreclosure of amortgage thereon# ('a)

Se%!n 1*' Return of %rit of e2e&ution# � $he rit of eecution shall be returnable to the court issuing it immediatelyafter the *udgment has been satisfied in part or in full# If the

*udgment cannot be satisfied in full ithin thirty (-


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Se%!n 17' Penalty for selling %ithout noti&e, or remo(ing or

defa&ing noti&e# � An officer selling ithout the noticeprescribed by section '5 of this %ule shall be liable to paypunitive damages in the amount of five thousand (P5,


24/114

last previous redemption, ith to per &entum thereon inaddition, and the amounts of any assessments or taes hichthe last previous redemptioner paid after the redemptionthereon, ith interest thereon, and the amount of any liens heldby the last redemptioner prior to his on, ith interest#1ritten notice of any redemption must be given to the officer ho made the sale and a duplicate filed ith the registry of deeds of the place, and if any assessments or taes are paidby the redemptioner or if he has or ac8uires any lien other thanthat upon hich the redemption as made, notice thereof mustin li&e manner be given to the officer and filed ith the registry

of deeds0 if such notice be not filed, the property may beredeemed ithout paying such assessments, taes, or liens#(-


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member thereof, to appear before the court or a commissioner appointed by it, at a time and place ithin the province or cityhere such debtor resides or is found, and be eaminedconcerning the same# $he service of the order shall bind allcredits due the *udgment obligor and all money and property of the *udgment obligor in the possession or in the control of suchperson corporation, or *uridical entity from the time of service0and the court may also re8uire notice of such proceedings tobe given to any party to the action in such manner as it maydeem proper# (-;a)Se%!n ' nfor&ement of attendan&e and &ondu&t of

e2amination# � A party or other person may be compelled, byan order or subpoena, to attend before the court or commissioner to testify as provided in the to precedingsections, and upon failure to obey such order or subpoena or to be sorn, or to anser as a itness or to subscribe hisdeposition, may be punished for contempt as in other cases#/aminations shall not be unduly prolonged, but theproceedings may be ad*ourned from time to time, until they arecompleted# If the eamination is before a commissioner, hemust ta&e it in riting and certify it to the court# Alleaminations and ansers before a court commissioner mustbe under oath, and hen a corporation or other *uridical entityansers, it must be on the oath of an authori+ed officer or agent thereof# (


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Se%!n *' ffe&t of foreign +udgments or final orders # � $heeffect of a *udgment or final order of a tribunal of a foreigncountry, having *urisdiction to render the *udgment or final order is as follos"

(a) In case of a *udgment or final order upon a specificthing, the *udgment or final order, is conclusive uponthe title to the thing, and(b) In case of a *udgment or final order against aperson, the *udgment or final order is presumptiveevidence of a right as beteen the parties and their successors in interest by a subse8uent title#

In either case, the *udgment or final order may be repelled byevidence of a ant of *urisdiction, ant of notice to the party,collusion, fraud, or clear mista&e of la or fact# (5


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In all the above instances here the *udgment or final order isnot appealable, the aggrieved party may file an appropriatespecial civil action under %ule .5# (n)

Se%!n ' Modes of appeal #�(a) )rdinary appeal # � $he appeal to the Court of

Appeals in cases decided by the %egional $rial Courtin the eercise of its original *urisdiction shall be ta&enby filing a notice of appeal ith the court hichrendered the *udgment or final order appealed fromand serving a copy thereof upon the adverse party#=o record on appeal shall be re8uired ecept inspecial proceedings and other cases of multiple or separate appeals here la on these %ules sore8uire# In such cases, the record on appeal shall befiled and served in li&e manner#

(b) Petition for re(ie% # � $he appeal to the Court of Appeals in cases decided by the %egional $rial Courtin the eercise of its appellate *urisdiction shall be bypetition for revie in accordance ith %ule #

(c) Appeal 'y &ertiorari # � In all cases here only8uestions of la are raised or involved, the appealshall be to the Supreme Court by petition for revieon &ertiorari in accordance ith the %ule 5# (n)

Se%!n ' Period of ordinary appeal # � $he appeal shall beta&en ithin fifteen ('5) days from notice of the *udgment or

final order appealed from# 1here a record on appeal isre8uired, the appellant shall file a notice of appeal and a recordon appeal ithin thirty (-


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transcripts an inde containing the names of the itnesses andthe pages herein their testimonies are found, and a list of theehibits and the pages herein each of them appears to havebeen offered and admitted or re*ected by the trial court# $hetranscripts shall be transmitted to the cler& of the trial courtho shall thereupon arrange the same in the order in hich theitnesses testified at the trial, and shall cause the pages to benumbered consecutively# ('a)

Se%!n 1' #ransmittal # � $he cler& of the trial court shalltransmit to the appellate court the original record or theapproved record on appeal ithin thirty (-


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pleading or memorandum re8uired by these %ules or by thecourt itself# (n)

RULE *Aea$ Fr!3 &e C!/r& !0 Ta< Aea$ an >/a$#-J/#%#aA4en%#e$ &! &e C!/r& !0 Aea$

Se%!n 1' S&ope# � $his %ule shall apply to appeals from *udgments or final orders of the Court of $a Appeals and fromaards, *udgments, final orders or resolutions of or authori+edby any 8uasi*udicial agency in the eercise of its 8uasi*udicialfunctions# Among these agencies are the Civil Service

Commission, Central !oard of Assessment Appeals, Securitiesand /change Commission, 3ffice of the President, Eand%egistration Authority, Social Security Commission, Civil

Aeronautics !oard, !ureau of Patents, $rademar&s and$echnology $ransfer, =ational /lectrification Administration,/nergy %egulatory !oard, =ational $elecommunicationsCommission, epartment of Agrarian %eform under %epublic

Act =o# ..59, ?overnment Service Insurance System,/mployees Compensation Commission, Agricultural Invention!oard, Insurance Commission, Philippine Atomic /nergyCommission, !oard of Investments, Construction Industry

Arbitration Commission, and voluntary arbitrators authori+ed byla# (n)

Se%!n ' Cases not &o(ered # � $his %ule shall not apply to

*udgments or final orders issued under the Eabor Code of thePhilippines# (n)

Se%!n ' here to appeal #� An appeal under this %ule maybe ta&en to the Court of Appeals ithin the period and in themanner herein provided, hether the appeal involves8uestions of fact, of la, or mied 8uestions of fact and la# (n)

Se%!n *' Period of appeal # � $he appeal shall be ta&enithin fifteen ('5) days from notice of the aard, *udgment,final order or resolution, or from the date of its last publication,if publication is re8uired by la for its effectivity, or of the denialof petitionerBs motion for ne trial or reconsideration duly filedin accordance ith the governing la of the court or agency a:uo# 3nly one (') motion for reconsideration shall be alloed#6pon proper motion and the payment of the full amount of thedoc&et fee before the epiration of the reglementary period, the

Court of Appeals may grant an additional period of fifteen ('5)days only ithin hich to file the petition for revie# =o further etension shall be granted ecept for the most compellingreason and in no case to eceed fifteen ('5) days# (n)

Se%!n +' 7o% appeal ta/en# � Appeal shall be ta&en byfiling a verified petition for revie in seven (9) legible copiesith the Court of Appeals, ith proof of service of a copythereof on the adverse party and on the court or agency a :uo#$he original copy of the petition intended for the Court of

Appeals shall be indicated as such by the petitioner#6pon the filing of the petition, the petitioner shall pay to thecler& of court of the Court of Appeals the doc&eting and other laful fees and deposit the sum of P5


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as in the court of origin, but the party appealing the case shallbe further referred to as the appellant and the adverse party asthe appellee# ('a, %.)

Se%!n ' Counsel and guardians# � $he counsel andguardians ad litem of the parties in the court of origin shall berespectively considered as their counsel and guardians ad litem in the Court of Appeals# 1hen others appear or areappointed, notice thereof shall be served immediately on theadverse party and filed ith the court# (a, %.)

Se%!n ' )rder of transmittal of re&ord # � If the originalrecord or the record on appeal is not transmitted to the Court of

Appeals ithin thirty (-s 'rief. � 1ithin fortyfive (5) days fromreceipt of the appellantBs brief, the appellee shall file ith thecourt seven (9) copies of his legibly typeritten, mimeographedor printed brief, ith proof of service of to () copies thereof upon the appellant# (''a, %.)

Se%!n 9' Appellant>s reply 'rief. � 1ithin tenty (s 'rief. � $he appellantBsbrief shall contain, in the order herein indicated, the folloing"

(a) A sub*ect inde of the matter in the brief ith adigest of the arguments and page references, and atable of cases alphabetically arranged, tetboo&s andstatutes cited ith references to the pages here theyare cited0(b) An assignment of errors intended to be urgedhich errors shall be separately, distinctly andconcisely stated ithout repetition and numberedconsecutively0(c) 6nder the heading 4Statement of the Case,4 a

clear and concise statement of the nature of theaction, a summary of the proceedings, the appealedrulings and orders of the court, the nature of the

*udgment and any other matters necessary to anunderstanding of the nature of the controversy ithpage references to the record0(d) 6nder the heading 4Statement of >acts,4 a cleaand concise statement in a narrative form of the factsadmitted by both parties and of those in controversytogether ith the substance of the proof relatingthereto in sufficient detail to ma&e it clearly intelligibleith page references to the record0(e) A clear and concise statement of the issues of facor la to be submitted, to the court for its *udgment0(f) 6nder the heading 4Argument,4 the appellantBs

arguments on each assignment of error ith pagereferences to the record# $he authorities relied uponshall be cited by the page of the report at hich thecase begins and the page of the report on hich thecitation is found0(g) 6nder the heading 4%elief,4 a specification of theorder or *udgment hich the appellant see&s0 and(h) In cases not brought up by record on appeal, theappellantBs brief shall contain, as an appendi, a copyof the *udgment or final order appealed from# ('.a%.)

Se%!n 1*' Contents of appellee>s 'rief. � $he appelleeBsbrief shall contain, in the order herein indicated the folloing"

(a) A sub*ect inde of the matter in the brief ith adigest of the arguments and page references, and a

table of cases alphabetically arranged, tetboo&s andstatutes cited ith references to the pages here theyare cited0(b) 6nder the heading 4Statement of >acts,4 theappellee shall state that he accepts the statement offacts in the appellantBs brief, or under the heading4CounterStatement of >acts,4 he shall point out suchinsufficiencies or inaccuracies as he believes eist inthe appellantBs statement of facts ith references tothe pages of the record in support thereof, but ithourepetition of matters in the appellantBs statement ofacts0 and

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(c) 6nder the heading 4Argument,4 the appellee shallset forth his arguments in the case on eachassignment of error ith page references to therecord# $he authorities relied on shall be cited by thepage of the report at hich the case begins and thepage of the report on hich the citation is found# ('9a,%.)

Se%!n 1+'


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ruling sub*ect thereof, such material portions of the record asare referred to therein, and other documents relevant or pertinent thereto# $he certification shall be accomplished bythe proper cler& of court or by his duly authori+edrepresentative, or by the proper officer of the court, tribunal,agency or office involved or by his duly authori+edrepresentative# $he other re8uisite number of copies of thepetition shall be accompanied by clearly legible plain copies of all documents attached to the original#$he petitioner shall also submit together ith the petition asorn certification that he has not theretofore commenced any

other action involving the same issues in the Supreme Court,the Court of Appeals or different divisions thereof, or any other tribunal or agency0 if there is such other action or proceeding,he must state the status of the same0 and if he shouldthereafter learn that a similar action or proceeding has beenfiled or is pending before the Supreme Court, the Court of

Appeals, or different divisions thereof, or any other tribun

Rules of Court (1)

Documents

Transcript of Rules of Court (1)