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CIVIL PROCEDURE actions or actions governed by special rules;

3. Where the causes of action are between the


Rule 1 – General Provisions same parties but pertain to different venues
or jurisdictions, the joinder may be allowed in
Civil Action - One by which a party sues another the Regional Trial Court provided one of the
for the enforcement or protection of a right, or causes of action falls within the jurisdiction of
the prevention or redress of a wrong. It may said court and the venue lies therein; and
either be ordinary or special. (§3(a)) 4. Where the claims in all the causes of action
are principally for recovery of money, the
Criminal Action - One by which the State aggregate amount claimed shall be the test of
prosecutes a person for an act or omission jurisdiction.
punishable by law (§3(b))
Rule 3 – Parties to Civil Actions
Special Proceeding - A remedy by which a party
seeks to establish a status, a right, or a particular Parties to Civil Actions – natural or juridical
fact (§3(c)) persons, or entities authorized by law (§1)
1. Plaintiff - may refer to the claiming party,
Instances where the Rules of Court are Not the counter-claimant, the cross-claimant, or
Applicable (R1, §4) the third (fourth etc.)—party plaintiff
1. Election cases, 2. Defendant - may refer to the original
2. Land registration, defending party, the defendant in a
3. Cadastral, counterclaim, the cross-defendant, or the
4. Naturalization and third (fourth, etc.)—party defendant
5. Insolvency proceedings, and - If the consent of any party who should be
6. Other cases not provided for in the rules, joined as plaintiff can not be obtained, he
except by analogy or in a suppletory may be made a defendant and the reason
character and whenever practicable and shall be stated in the complaint. (§10)
convenient - Where the plaintiff is uncertain against
who of several persons he is entitled to
When a Civil Action is Commenced (§5) relief, he may join any or all of them as
1. General Rule: The filing of the original defendants in the alternative, although a
complaint in court. right to relief against one may be
2. Except: If an additional defendant is inconsistent with a right of relief against
impleaded in a later pleading, the action is the other. (§13)
commenced with regard to him on the date of - Whenever the identity or name of a
the filing of such later pleading, irrespective defendant is unknown, he may be sued
of whether the motion for its admission, if as the unknown owner, heir, devisee, or
necessary, is denied by the court. by such other designation as the case
may require; when his identity or true
RULE 2 – Cause Of Action name is discovered, the pleading must be
amended accordingly. (§14)
Cause of Action - When two or more persons not organized
1. Definition: the act or omission by which a as an entity with juridical personality
party violates a right of another (§2); It is the enter into a transaction, they may be
basis of every civil action (§1) sued under the name by which they are
2. A party may not institute more than one suit generally or commonly known.
for a single cause of action. (§3) If two or - In their answer the names and
more suits are instituted on the basis of the addresses of the persons composing
same cause of action, the filing of one or a the entity must all be revealed (§15)
judgment upon the merits in any one is 3. Real Party in Interest - The party who
available as a ground for the dismissal of the stands to be benefited or injured by the
others. (§4) judgment in the suit, or the party entitled to
3. Misjoinder of causes of action is not a ground the avails of the suit. Every action must be
for dismissal of an action. A misjoined cause prosecuted or defended in the name of the
of action may, on motion of a party or on the real party in interest, unless otherwise
initiative of the court, be severed and authorized by law or these Rules (R3, §2)
proceeded with separately. (§6) - Where the action is allowed to be
prosecuted or defended by a
When Joinder Allowed (§5) representative or someone acting in a
1. The party joining the causes of action fiduciary capacity, the beneficiary shall
complies with the rules on joinder of parties; be included in the title of the case and
2. The joinder shall not include special civil shall be deemed to be the real party in
interest. if jurisdiction over his person may be
- An agent acting in his own name and for obtained.
the benefit of an undisclosed principal o Failure to comply with the order for his
may sue or be sued without joining the inclusion, without justifiable cause,
principal except when the contract deemed a waiver of the claim against
involves things belonging to the principal such party.
(§3) o Non-inclusion of a necessary party does
4. Husband and wife shall sue or be sued jointly, not prevent the court from proceeding in
except as provided by law. (§4) the action, and the judgment rendered
5. A minor or a person alleged to be shall be without prejudice to the rights of
incompetent, may sue or be sued, with the such necessary party. (§9)
assistance of his father, mother, guardian, or
if he has none, a guardian ad litem. (§5) Misjoinder and Non-Joinder of Parties (§11) -
6. In any action involving the validity of any Neither is ground for dismissal of an action.
treaty, law, ordinance, executive order, - Parties may be dropped or added by order of
presidential decree, rules or regulations, the the court on motion of any party or on its
court, in its discretion, may require the own initiative at any stage of the action and
appearance of the Solicitor General who may on such terms as are just.
be heard in person or through a - Any claim against a misjoined party may be
representative duly designated by him. (§22) severed and proceeded with separately.

Permissive Joinder of Parties (as Class Suit (§12)


Complainants or Defendants) in One 1. When to File - When the subject matter of the
Complaint (§6) controversy is one of the common or general
1. Applies to all persons in whom or against interest to many persons so numerous that it
whom any right to relief in respect to or is impracticable to join all as parties
arising out of the same transaction or series 2. Who Shall File - A number of them which the
of transactions is alleged to exist, whether court finds to be sufficiently numerous and
jointly, severally, or in the alternative; and representative as to fully protect the interests
2. Any question of law or fact common to all of all concerned
such plaintiffs or to all such defendants may - Any party in interest shall have the right
arise in the action; and to intervene to protect his individual
3. Except as otherwise provided in these Rules interest
4. The court may make such orders as may be
just to prevent any plaintiff or defendant from Death of a Party
being embarrassed or put to expense in 1. Duty of Counsel - Whenever a party to a
connection with any proceedings in which he pending action dies, and the claim is not
may have no interest thereby extinguished, counsel should to
inform the court within 30 days after such
Compulsory Joinder of Indispensable Parties death of the fact thereof, and to give the
(§7) – Applies to parties in interest without whom name and address of his legal representative
no final determination can be had of an action or representatives.
- Failure to do so shall be a ground for
Necessary party (§8) - Not indispensable but disciplinary action
ought to be joined as a party if complete relief is 2. Substitution of Heirs - Heirs may be
to be accorded as to those already parties, or for substituted for the deceased, without
a complete determination or settlement of the requiring the appointment of an executor or
claim subject of the action administrator and the court may appoint a
- When the presence of parties other than guardian ad litem for the minor heirs
those to the original action is required for the - Court shall order said heir/s to appear
granting of complete relief in the and be substituted within 30 days from
determination of a counterclaim or cross- notice
claim, the court shall order them to be - If no legal representative is named by the
brought in as defendants, if jurisdiction over counsel for the deceased party or if the
them can be obtained (R6, §12) one named fails to appear within the
- When in any pleading in which a claim is specified period, the court may order the
asserted a necessary party is not joined, the opposing party, within a specified time,
pleader shall set forth his name, if known, to procure the appointment of an
and shall state why he is omitted. executor or administrator for the estate
o Should the court find the reason for the of the deceased and the latter shall
omission unmeritorious, it may order the immediately appear for and on behalf of
inclusion of the omitted necessary party the deceased. Court charges in procuring
such appointment, if defrayed by the court otherwise provides.
opposing party, may be recovered as 3. Contesting the Grant - Any adverse party
costs. (§16) may contest the grant of such authority at
3. Public officer — When a public officer is a any time before judgment is rendered by the
party in an action in his official capacity and trial court.
during its pendency dies, resigns, or other - If the court determines after hearing that
wise ceases to hold office, the action may be the party declared as an indigent is in
continued and maintained by or against his fact a person with sufficient income or
successor if, within 30 days after the property, the proper docket and other
successor takes office or such time as may be lawful fees shall be assessed and
granted by the court, it is satisfactorily shown collected by the clerk of court.
to the court by any party that there is a - If the payment is not made within the
substantial need for continuing or maintaining time fixed by the court, execution shall
it and that the successor adopts or continues issue or the payment thereof, without
or threatens to adopt or continue the action prejudice to such other sanctions as the
of his predecessor. court may impose.
- Before a substitution is made, the party
or officer to be affected, unless expressly Rule 4 – Venue of Actions
assenting thereto, shall be given
reasonable notice of the application 1. Real Actions (affecting title to or possession
therefor and accorded an opportunity to of real property, or interest therein) - proper
be heard. (§17) court with jurisdiction over the area where
the real property, or a portion thereof, is
Other Cases of Substitution of Parties situated
1. Party becomes incompetent or - Forcible entry and detainer actions -
incapacitated (§18) - court, upon motion municipal trial court of the municipality or
with notice, may allow the action to be city where the real property, or a portion
continued by or against the party person thereof, is situated (R4, §1)
assisted by his legal guardian or guardian ad 2. Personal Actions –
litem a. where the plaintiff or any of the principal
2. Transfer of interest (§19) — the action may plaintiffs resides, or
be continued by or against the original party, b. where the defendant or any of the
unless the court upon motion directs the principal defendants resides (R4, §2)
person to whom the interest is transferred to 3. Actions against Non-residents
be substituted in the action or joined with the a. where he may be found, at the election of
original party the plaintiff (R4, §2)
3. Death of a Party before Entry of Final b. where any of the defendants is not found
Judgment in an Action on contractual in the Philippines, and the action affects
money claims (express or implied) (§20) the personal status of the plaintiff, or any
— The action shall be allowed to continue property of said defendant in the
until entry of final judgment. Philippines –
- A favorable judgment obtained by the i. court of the place where the
plaintiff shall be enforced in the manner plaintiff resides, or
provided for prosecuting claims against ii. where the property or any portion
the estate of a deceased person thereof is situated or found (R4,
§3)
Indigent Party (§21) 4. When Rule on Venue Not Applicable
1. Indigent - A party which the court a. a specific rule or law provides otherwise
determines, upon an ex parte application and b. parties have validly agreed in writing
hearing, as one who has no money or before the filing of the action on the
property sufficient and available for food, exclusive venue (R4, §4)
shelter and basic necessities for himself and
his family Rule 5 – Uniform Procedure in Trial Courts
2. Exemptions of an Indigent Party - Docket
and other lawful fees, and of transcripts of Municipal Trial Courts - includes Metropolitan
stenographic notes which the court may order Trial Courts, Municipal Trial Courts in Cities,
to be furnished him. Municipal Trial Courts, and Municipal Circuit Trial
- The amount of the docket and other Courts (R5, §2)
lawful fees which the indigent was
exempted from paying shall be a lien on When the Procedure in the MTC and RTC are
any judgment rendered in the case Different:
favorable to the indigent, unless the 1. Where a particular provision expressly or
impliedly applied only to either of said courts, against the third-party plaintiff (§13)
or 7. Reply – response to an answer (§2); function
2. Civil cases governed by the Rule on Summary is to deny, or allege facts in denial or
procedure avoidance of new matters alleged by way of
defense in the answer and join or make issue
Rule 6 – Kinds of Pleading as to such new matters
- If a party does not file such reply, all the
Pleadings - written statements of the respective new matters alleged in the answer are
claims and defenses of the parties submitted to deemed controverted.
the court for appropriate judgment (R6, §1) - If the plaintiff wishes to interpose any
claims arising out of the new matters so
Pleadings Allowed (R6) alleged such claims shall be set forth in
1. Complaint – alleges the plaintiff’s cause or an amended or supplemental complaint
causes of action (§3); must state the names (§10)
and residences of the plaintiff and defendant
(§3) Defenses (R6)
2. Counterclaim – any claim which a defending 1. Negative defense - specific denial of the
party may have against an opposing party material fact or facts alleged in the pleading
(§6); may be asserted against an original of the claimant essential to his cause or
counter-claimant (§9) causes of action (§5)
- Compulsory Counterclaim - arises out 2. Affirmative defense - an allegation of a
of or is connected with the transaction or new matter which, while hypothetically
occurrence constituting the subject admitting the material allegations in the
matter of the opposing party’s claim and pleading of the claimant would nevertheless
does not require for its adjudication the prevent or bar recovery by him; includes
presence of third parties of whom the fraud, statute of limitations, release payment,
court cannot acquire jurisdiction; this illegality, statute of frauds, estoppel, former
must be within the jurisdiction of the recovery, discharge in bankruptcy, and any
court both as to the amount and the other matter by way of confession and
nature, except in an original action before avoidance. (§5)
the RTC, the counterclaim may be
considered compulsory regardless of the Rule 7 – Parts of a Pleading
amount (§7)
3. Cross-claim – any claim by one party Parts of a Pleading
against a co-party arising out of the 1. Caption - name of the court, the title of the
transaction or occurrence that is the subject action, and the docket number if assigned
matter either of the original action or of a (§1)
counterclaim therein; may include a claim - Title of the action - indicate names of
that the party against whom it is asserted is the parties.
or may be liable to the cross-claimant for all o Parties shall all be named in the
or part of a claim asserted in the action original complaint or petition
against the cross-claimant (§8); may be filed o In subsequent pleadings, sufficient if
against an original cross-claimant (§9) the name of the first party on each
4. Third (fourth, etc.)—party complaint – a side be stated with an appropriate
claim that a defending party may, with leave indication when there are other
of court, file against a person not a party to parties (§1)
the action, called the third (fourth, etc.)— - Indicate parties’ respective participation
party defendant, for contribution, indemnity, in the case (§1)
subrogation or any other relief, in respect of 2. Body - its designation, the allegations of the
his opponent’s claim (§11) party’s claims or defenses, the relief prayed
5. Complaint-in-intervention– contains the for, and the date of the pleading
claims of a party (§2) 1. Divide the allegations into paragraphs so
6. Answer – where defending party sets forth numbered as to be readily identified,
his defenses (§4) each of which shall contain a statement
- A third (fourth, etc.)—party defendant of a single set of circumstances so far as
may allege in his answer his defenses, that can be done with convenience.
counterclaims or cross-claims, including 2. When two or more causes of action are
such defenses that the third (fourth, joined, the statement of the first shall be
etc.)—party plaintiff may have against prefaced by the words “first cause of
the original plaintiff’s claim; he may also action,” of the second by “second cause
assert a counterclaim against the original of action,” and so on
plaintiff in respect of the latter’s claim 3. When one or more paragraphs in the
answer are addressed to one of several or claim, a complete statement of the
causes of action in the complaint, they present status thereof; and
shall be prefaced by the words “answer (c) if he should thereafter learn that the
to the first cause of action” or “answer to same or similar action or claim has
the second cause of action” and so on been filed or is pending, he shall
4. When one or more paragraphs of the report that fact within 5 days to the
answer are addressed to several causes court wherein his aforesaid complaint
of action, they shall be prefaced by words or initiatory pleading has been filed.
to that effect. - Failure to comply shall be cause for the
5. The pleading shall specify the relief dismissal of the case without prejudice,
sought, but it may add a general prayer unless otherwise provided, upon motion
for such further or other relief as may be and after hearing. It is not curable by
deemed just or equitable. (§2) mere amendment of the complaint or
3. Signature and Address - Every pleading other initiatory pleading
must be signed by the party or his counsel, - The submission of a false certification or
stating in either case his address which non-compliance with any of the
should not be a post office box; An unsigned undertakings therein shall constitute
pleading produces no legal effect indirect contempt of court, without
- Counsel’s signature constitutes a prejudice to the corresponding
certificate by him that he has read the administrative and criminal actions.
pleading; that to the best of his - If the acts of the party or his counsel
knowledge, information, and belief there clearly constitute willful and deliberate
is good ground to support it; and that it forum shopping, the same shall be
is not interposed for delay ground for summary dismissal with
- The court may, in its discretion, allow prejudice and shall constitute direct
unsigned pleadings to be remedied if the contempt, as well as a cause for
same was due to mere inadvertence and administrative sanctions. (§5)
not intended for delay
- Counsel who deliberately files an Rule 8- Manner Of Making
unsigned pleading, or signs in violation of Allegations In Pleadings
this Rule, or alleges scandalous or
indecent matter therein, or fails to 1. Plain, concise and direct statement of the
promptly report to the court a change of ultimate facts on which the party pleading
his address, shall be subject to relies for his claim or defense, omitting the
appropriate disciplinary action. (§3) statement of mere evidentiary facts, in a
4. Verification — Pleadings need to be under methodical and logical form (§1)
oath, verified or accompanied by affidavit 2. If a defense or relief on is based on law, state
only when specifically required by law or rule the pertinent provisions thereof and their
- A pleading is verified by an affidavit that applicability (§1)
the affiant has read the pleading and that 3. Alternative causes of action or defenses are
the allegations therein are true and allowed - Two or more statements of a claim
correct of his personal knowledge or or defense alternatively or hypothetically,
based on authentic records. either in one cause of action or defense or in
- A pleading required to be verified which separate causes of action or defenses
contains a verification based on - When two or more statements are made
“information and belief,” or upon in the alternative and one of them if
“knowledge, information and belief,” or made independently would be sufficient,
lacks a proper verification, shall be the pleading is not made insufficient by
treated as an unsigned pleading (§4) the insufficiency of one or more of the
5. Certification against forum shopping — alternative statements. (§2)
The plaintiff or principal party shall certify 4. A general averment of the performance or
under oath in the complaint or other initiatory occurrence of all conditions precedent shall
pleading asserting a claim for relief, or in a be sufficient. (§3)
sworn certification annexed thereto and 5. Must aver facts showing the capacity of a
simultaneously filed therewith: party to sue or be sued or the authority of a
(a) that he has not commenced any party to sue or be sued in a representative
action or filed any claim involving the capacity or the legal existence of an
same issues in any court, tribunal or organized association of persons that is made
quasi-judicial agency and, to the best a party.
of his knowledge, no such other - Party desiring to raise an issue as to the
action or claim is pending therein; legal existence of any party or the
(b) if there is such other pending action capacity of any party to sue or be sued in
a representative capacity shall do so by therein –
specific denial, which shall include such a. When –
supporting particulars as are peculiarly i. Upon motion made by a party before
within the pleader’s knowledge. (§4) responding to a pleading
6. In all averments of fraud or mistake, the ii. If no responsive pleading is
circumstances constituting fraud or mistake permitted by these Rules, upon
must be stated with particularity. motion made by a party within 20
- Malice, intent, knowledge or other days after the service of the pleading
condition of the mind of a person may be upon him, or
averred generally. (§5) iii. Upon the court’s own initiative at any
7. In pleading a judgment or decision of a time
domestic or foreign court, judicial or quasi- b. What to strike out - any pleading or that
judicial tribunal, or of a board or officer, it is any sham or false, redundant,
sufficient to aver the judgment or decision immaterial, impertinent, or scandalous
without showing jurisdiction to render it (§6) matter in it (§12)
8. When an action or defense is based on a
written instrument or document, set forth the Rule 9- Effect Of Failure To Plead
substance of such instrument in the pleading
- attach the original or a copy to the Effect of Failure to Plead
pleading as an exhibit; this shall be 1. On Defenses and Objections – if not pleaded
deemed to be a part of the pleading (§7) either in a motion to dismiss or in the
- the genuineness and due execution of the answer, are deemed waived
instrument attached to the pleading shall - but if the court has no jurisdiction over
be deemed admitted unless: the subject matter, or if there is another
o the adverse party, under oath, action pending between the same parties
specifically denies them, and for the same cause, or if the action is
ƒ Oath not required when the barred by a prior judgment or by statute
adverse party does not appear to of limitations, the court shall dismiss the
be a party to the instrument or claim (§1)
when compliance with an order 2. On compulsory counterclaim, or cross-claim –
for an inspection of the original Barred (§2)
instrument is refused
o sets forth what he claims to be the Declaration of Default (§3)
facts (§8) 1. When Declared - If the defending party fails
9. In pleading an official document or official to answer within the time allowed, and upon
act, sufficient to aver that the document was motion of the claiming party with notice to
issued or the act done in compliance with law the defending party, and proof of such failure
(§9) 2. After such declaration, the court shall proceed
10. Specific Denial Required – to render judgment granting the claimant
a. Defendant must specify each material such relief as his pleading may warrant,
allegation of fact the truth of which he unless it in its discretion requires the claimant
does not admit and, whenever to submit evidence. Reception of evidence
practicable, shall set forth the substance may be delegated to the clerk of court.
of the matters upon which he relies to 3. Effect —A party in default is entitled to
support his denial. notice of subsequent proceedings but not to
b. If he desires to deny only a part of an take part in the trial
averment, specify so much of it as is true 4. Relief from order of default —
and material and deny only the a. When - Any time after notice and before
remainder. judgment
c. If he has no knowledge or information b. How – Party declared in default to file a
sufficient to form a belief as to the truth motion under oath to set aside the order
of a material averment in the complaint, of default upon proper showing that his
he shall so state, and this shall have the failure to answer was due to fraud,
effect of a denial. (§10) accident, mistake or excusable
d. Material averment in the complaint, negligence and that he has a meritorious
except as to the amount of unliquidated defense.
damages, are deemed admitted when not c. The order of default may be set aside on
specifically denied. such terms and conditions as the judge
e. Allegations of usury in a complaint to may impose in the interest of justice.
recover usurious interest are deemed 5. Effect of partial default (pleading states a
admitted if not denied under oath. (§11) common cause of action against several
11. Striking out of pleading or matter contained defendants, some of whom answer and the
others do not) - Court to try the case against to the evidence and to raise these issues
all upon the answers filed and render may be made upon motion of any party
judgment upon the evidence presented at any time, even after judgment
6. Extent of relief to be awarded —Judgment - Failure to amend does not affect the
rendered against a party in default shall not result of the trial of these issues.
exceed the amount or be different in kind - If evidence is objected to at the trial on
from that prayed for nor award unliquidated the ground that it is not within the issues
damages made by the pleadings, the court may
7. Where no defaults allowed — allow the pleadings to be amended and
a. Action for annulment or declaration of shall do so with liberality if the
nullity of marriage or presentation of the merits of the action
b. Action for legal separation and the ends of substantial justice will be
- court shall order the prosecuting attorney to subserved. It may grant a continuance to
investigate whether a collusion between the enable the amendment to be made.
parties exists, and if none, to intervene for 5. Supplemental pleadings (§6)
the State to see to it that the evidence - only upon motion of a party
submitted is not fabricated - reasonable notice
- terms must be just
Rule 10- Amended And - the court may permit him to serve a
Supplemental Pleadings supplemental pleading setting forth
transactions, occurrences or events which
How to Amend a Pleading (§1) have happened since the date of the
1. Adding or striking out an allegation or the pleading sought to be supplemented.
name of any party, or - The adverse party may plead thereto
2. Correcting a mistake in the name of a party within 10 days from notice of the order
or a mistaken or inadequate allegation or admitting the supplemental pleading
description in any other respect
- A new copy of the entire pleading, Effect of amended pleadings (§8)
incorporating the amendments, indicated by - Supersedes the pleading that it amends
appropriate marks, shall be filed (§7) - Admissions in superseded pleadings may be
received in evidence against the pleader
Amendments - Claims or defenses alleged therein not
1. As a Matter of Right (§2) incorporated in the amended pleading
- May only be done once deemed waived
- Any time before a responsive pleading is
served Rule 11- When To File Responsive Pleadings
- In the case of a reply, at any time within
10 days after it is served Responsive Pleading Time
2. By Leave of Court (§3) Answer to the Complaint 15 days after service of
- Except as provided in §2, substantial (§1) summons unless a
amendments may be made only upon different period is fixed
leave of court by the court
- Leave may be refused if the motion was Answer of a defendant 30 days after receipt of
made with intent to delay foreign private juridical summons by such entity
- Procedure: Motion filed in court, notice to entity and service of
the adverse party, and opportunity to be summons is made on the
government official
heard
designated by law to
3. Formal Amendments (§4)
receive the same (§2)
- applies to a defect in the designation of
Answer to Amended 15 days after being
the parties and other clearly clerical or Complaint as a Matter of served with a copy
typographical errors Right/ 3rd, 4th party
- summarily corrected by the court at any complaint/ Counterclaim/
stage of the action, at its initiative or on Cross-Claim (§3)
motion, as long as no prejudice to the Answer to Amended 10 days after notice of
adverse party Complaint NOT as a the order admitting it
4. To conform to or authorize presentation of Matter of Right/ 3rd, 4th
evidence (§5) party complaint/
- Issues not raised by the pleadings which Counter-claim/ Cross-
are tried with the express or implied Claim (§3) (if no new
consent of the parties shall be treated as answer is filed, an
if they had been raised in the pleadings answer earlier filed will
- Amendment of the pleadings to conform serve as the answer to
the amended complaint)
Answer to counterclaim 10 days from service opportunity to be heard. (§2)
or cross-claim (§4) 3. If the motion is granted, in whole or in part,
Answer to third (fourth, 15 days after service of must compliance therewith within 10 days
etc.)—party complaint summons unless a from notice of the order, unless a different
(§5) different period is fixed period is fixed by the court.
by the court - File bill of particulars or more definite
Reply (§6) 10 days from service of pleading either in a separate or in an
the pleading responded amended pleading
to - Serve a copy on the adverse party (§3)
Answer to supplemental 10 days from notice of - If the order is not obeyed, or if
complaint (§7) the order admitting the
compliance is insufficient, the court may
same, unless a different
order the striking out of the pleading or
period is fixed. The
answer to the complaint
the portions to which the order was
shall serve as the directed or make such other order as it
answer to the deems just. (§4)
supplemental complaint 4. After service of the bill of particulars or of a
if no new or more definite pleading, or after notice of
supplemental answer is denial of his motion, the moving party may
filed file his responsive pleading within the period
to which he was entitled at the time of filing
Counterclaim or Crossclaim his motion, which shall not be less than 5
1. Existing (§8) – A compulsory, counterclaim or days in any event. (§5)
a cross-claim that a defending party has at
the time he files his answer shall be Effect - A bill of particulars becomes part of the
contained therein pleading for which it is intended. (§6)
2. Matured or Acquired After the Answer (§9) -
be presented as a counterclaim or a cross- Rule 13 - Filing And Service Of Pleadings,
claim by supplemental pleading before Judgments And Other Papers
judgment with the permission of the court
3. Omitted through oversight, inadvertence, or Coverage — filing of all pleadings and other
excusable neglect (§10) - by leave of court, papers and their service, except those for which a
set up the counterclaim or cross-claim by different mode of service is prescribed (§1)
amendment before judgment; also applies
when justice requires Filing - act of presenting the pleading or other
paper to the clerk of court (§2)
Extension of Time to Plead (§10)
- Upon motion and on such terms as may be Service - act of providing a party with a copy of
just, the court may: the pleading or paper concerned.
1. extend the time to plead - If any party has appeared by counsel, service
2. allow an answer or other pleading to be upon him shall be made upon his counsel or
filed after the time fixed one of them, unless court orders service upon
the party himself
Rule 12- Bill Of Particulars - If one counsel appears for several parties, he
is only entitled to one copy of any paper
When - before responding to a pleading or if the served upon him by the opposite side (§2)
pleading is a reply, 10 days from service (§1)
Manner of Filing (§3)
Purpose – To get a definite statement or a bill of a. Present the original copies, plainly indicated
particulars of any matter which is not averred as such, personally to the clerk of court or
with sufficient definiteness or particularity to • Clerk of court to endorse on the pleading
enable the party properly to prepare his the date and hour of filing
responsive pleading (§1) b. Send them by registered mail
• The date of the mailing or payments or
Contents - point out the defects complained of, deposits, as shown by the post office
the paragraphs they are contained, and the stamp on the envelope or the registry
details desired (§1) receipt, shall be considered as the date of
their filing, payment, or deposit in court.
Procedure • Attach the envelope to the record of the
1. Filing of motion by adverse party case.
2. Clerk of court immediately brings it to the
attention of the court which may either deny Papers Required to be Filed and Served (§4)
or grant it outright, or allow the parties the — Judgment, resolution, order, pleading
subsequent to the complaint, written motion, be served upon him also by publication at the
notice, appearance, demand, offer of judgment or expense of the prevailing party.
similar papers
Proof of Filing and Service
Modes of Service 1. Filing (§12) –
1. Personal service (§6) - Made by delivering a. Proved by its existence in the record of
personally a copy to the party or his counsel, the case.
or by leaving it in his office with his clerk or b. If it is not in the record, but is claimed to
with a person having charge thereof. have been filed personally, prove by the
- If no person is found in his office, or his written or stamped acknowledgment of
office is not known, or he has no office - its filing by the clerk of court on a copy of
leave the copy, between 8am and 6pm, the same;
at the party’s or counsel’s residence, if c. If filed by registered mail, by the registry
known, with a person of sufficient age receipt and by the affidavit of the person
and discretion then residing therein who did the mailing, containing a full
- Complete upon actual delivery (§10) statement of the date and place of
- Whenever practicable, the service and depositing the mail in the post office in a
filing shall be done personally sealed envelope addressed to the court,
o Except papers emanating from the with postage fully prepaid, and with
court, a resort to other modes must instructions to the postmaster to return
be accompanied by a written the mail to the sender after 10 days if not
explanation why the service or filing delivered.
was not done personally. A violation 2. Service (§13) –
may be cause to consider the paper a. Personal service - written admission of
as not filed (§11) the party served, or the official return of
2. Service by mail (§7) — Made by depositing the server, or the affidavit of the party
the copy in the office, in a sealed envelope, serving, containing a full statement of the
plainly addressed to the party or his counsel date, place and manner of service
at his office, if known, otherwise at his b. By ordinary mail - affidavit of the person
residence, if known, with postage fully mailing of facts showing compliance with
prepaid, and with instructions to the section 7
postmaster to return the mail to the sender c. By registered mail - affidavit and the
after 10 days if undelivered. registry receipt issued by the mailing
- If no registry service is available in the office. The registry return card shall be
locality of either the sender or the filed immediately upon its receipt by the
addressee, may be done by ordinary mail sender, or in lieu thereof of the
- When Completed (§10): unclaimed letter together with the
o Ordinary mail - upon the expiration certified or sworn copy of the notice
of 10 days after mailing, unless the given by the postmaster to the
court otherwise provides addressee.
o Registered mail - upon actual receipt
by the addressee, or after 5 days Notice of Lis Pendens (§14)
from the date he received the first a. When - In an action affecting the title or the
notice of the postmaster, whichever right of possession of real property, the
is earlier plaintiff and the defendant, when affirmative
3. Substituted service (§8) — Applies when relief is claimed in his answer, may record in
service cannot be made under the two the office of the registry of deeds of the
preceding sections the office and place of province in which the property is situated a
residence of the party or his counsel being notice of the pendency of the action.
unknown b. Content of Notice- names of the parties and
- How: deliver the copy to the clerk of the object of the action or defense, and a
court, with proof of failure of both description of the property in that province
personal service and service by mail affected thereby.
- Service is complete at the time of such c. Effect - From the time of filing such notice
delivery for record, a purchaser, or encumbrancer of
the property affected thereby, are deemed to
Service of Judgments, Final orders, or have constructive notice of the pendency of
Resolutions (§9) - Either personally or by the action, and only of its pendency against
registered mail the parties designated by their real names.
- When a party summoned by publication has d. Cancellation of notice - only upon order of
failed to appear in the action, judgments, the court, after proper showing that the
final orders or resolutions against him shall notice is for the purpose of molesting the
adverse party, or that it is not necessary to associated in an entity without juridical
protect the rights of the party who caused it personality are sued under the name by
to be recorded. which they are generally or commonly
known, service may be effected upon all the
Rule 14 - Summons defendants by serving upon any one of them,
or upon the person in charge of the office or
Issuance place of business maintained in such name.
1. When issued (§1) – Clerk of court issues - Service shall not bind individually any
upon the filing of the complaint and the person whose connection with the entity
payment of the requisite legal fees has, upon due notice, been severed
2. Contents (§2) - directed to the defendant, before the action was brought
signed by the clerk of court under seal, 6. Service upon Prisoners (§9) —effected by
containing: (a) name of the court and the the officer having the management of such
parties to the action; (b) a direction that the jail or institution who is deemed deputized as
defendant answer within the time fixed by a special sheriff for said purpose
these Rules; (c) a notice that unless the 7. Service Upon Minors and Incompetents
defendant so answers, plaintiff will take (§10) — upon defendant personally and on
judgment by default and may be granted the his legal guardian if he has one, or if none,
relief applied for upon his guardian ad litem whose
- attach to the original and each copy of appointment shall be applied for by the
the summons a copy of the complaint plaintiff
and order for appointment of guardian ad - If a minor, service may also be made on
litem, if any his father or mother
8. Service Upon Domestic Private Juridical
Service Entity (§11) — made on the president,
1. By whom served (§3) - By the sheriff, his managing partner, general manager,
deputy, or other proper court officer, or for corporate secretary, treasurer, or in-house
justifiable reasons by any suitable person counsel
authorized by the court issuing the summons 9. Service Upon Foreign Private Juridical
2. Duty of Server— Entity which Transacted Business in the
a. When the service has been completed, Phils (§12) — made on its resident agent
the server shall within 5 days, serve a designated in accordance with law for that
copy of the return, personally or by purpose, or, if there be no such agent, on the
registered mail, to the plaintiff’s counsel, government official designated by law to that
and shall return the summons to the effect, or on any of its officers or agents
clerk who issued it, accompanied by within the Philippines.
proof of service (§4) 10. Service Upon Public Corporations (§13) —
b. If a summons is returned without being a. Republic of the Philippines – effected on
served on any or all of the defendants, the Solicitor General;
the server shall serve a copy of the b. Province, city or municipality, or like
return on the plaintiff’s counsel, stating public corporations - effected on its
the reasons for the failure of service, executive head, or on such other officer
within 5 days therefrom. In such a case, or officers as the law or the court may
or if the summons has been lost, the direct
clerk, on demand of the plaintiff, may 11. Service Upon Defendant Whose Identity
issue an alias summons (§5) Or Whereabouts Are Unknown and
3. Personal Service – By handing a copy to Cannot be Ascertained by Diligent
the defendant in person, or, if he refuses to Inquiry (§14) — By leave of court, effected
receive and sign for it, by tendering it to him. upon him by publication in a newspaper of
- Do whenever practicable (§6) general circulation and in such places and for
4. Substituted service — Applies if, for such time as the court may order
justifiable causes, the defendant cannot be 12. Extraterritorial Service (§15) —
served within a reasonable time a. When applicable – the defendant does
- How: (a) by leaving copies of the not reside and is not found in the
summons at the defendant’s residence Philippines, and:
with some person of suitable age and i. the action affects the personal status
discretion then residing therein, or (b) by of the plaintiff or
leaving the copies at defendant’s office or ii. relates to, or the subject of which is,
regular place of business with some property within the Philippines, in
competent person in charge thereof (§7) which the defendant has or claims a
5. Service upon Entity Without Juridical lien or interest, actual or contingent;
Personality (§8) — When persons or
iii. in which the relief demanded to the defendant by registered mail to his
consists, wholly or in part, in last known address
excluding the defendant from any
interest therein, or the property of Rule 15 - Motions
the defendant has been attached
within the Philippines, Motions
b. How – - An application for relief other than by a
i. With leave of court, by personal pleading (§1)
service out of the Philippines by - Must be in writing except those made in open
personal service; or court or in the course of a hearing or trial.
ii. By publication in a newspaper of (§2)
general circulation in such places and - Must state the relief sought to be obtained
for such time as the court may order, and the grounds upon which it is based, and
in which case a copy of the summons if required by these Rules or necessary to
and order of the court shall be sent prove facts alleged therein, accompanied by
by registered mail to the last known supporting affidavits and other papers. (§3)
address of the defendant, or - Subject to §1 of Rule 9, a motion attacking a
iii. In any other manner the court may pleading, order, judgment, or proceeding
deem sufficient. shall include all objections then available;
c. Any order granting such leave shall objections not included deemed waived (§8)
specify a reasonable time, which shall not - A motion for leave to file a pleading or motion
be less than 60 days after notice, within shall be accompanied by the pleading or
which the defendant must answer. motion sought to be admitted. (§9)
13. Residents Temporarily out of the - The Rules applicable to pleadings shall apply
Philippines (§16) — With leave of court, to written motions so far as concerns caption,
may also be effected out of the Philippines by designation, signature, and other matters of
personal service form. (§9)
14. The defendant’s voluntary appearance in the
action shall be equivalent to service of Hearing
summons. (§20) - Every written motion shall be set for hearing
15. The inclusion in a motion to dismiss of other by the applicant except for motions which the
grounds aside from lack of jurisdiction over court may act upon without prejudicing the
the person of the defendant shall not be rights of the adverse party (§4)
deemed a voluntary appearance. (§20) - Every written motion required to be heard
and the notice of the hearing thereof shall be
Leave of Court (§17) - Any application to the served in such a manner as to ensure its
court under this Rule for leave to effect service in receipt by the other party at least 3 days
any manner for which leave of court is necessary before the date of hearing, unless the court
shall be made by motion in writing, supported by for good cause sets the hearing on shorter
affidavit of the plaintiff or some person on his notice. (§4)
behalf setting forth the grounds for the - The notice of hearing shall be addressed to all
application. parties concerned, and shall specify the time
and date of the hearing which must not be
Proof of Service later than 10 days after the filing of the
1. In General (§18)— motion. (§5)
a. Made in writing by the server - No written motion set for hearing shall be
b. Set forth the manner, place, and date of acted upon by the court without proof of
service; service thereof. (§6)
c. Specify any papers which have been - All motions shall be scheduled for hearing on
served with the process and the name of Friday afternoons, or if Friday is a non-
the person who received the same; working day, in the afternoon of the next
d. Sworn to when made by a person other working day except for motions requiring
than a sheriff or his deputy immediate action (§7)
2. Service by Publication (§19)
a. Affidavit of the printer, his foreman or Rule 16 - Motion To Dismiss
principal clerk, or of the editor, business
or advertising manager, to which affidavit Grounds of a Motion to Dismiss (R16, §1)
a copy of the publication shall be a. The court has no jurisdiction over the person
attached, and of the defending party;
b. Affidavit showing the deposit of a copy of b. The court has no jurisdiction over the subject
the summons and order for publication in matter of the claim;
the post office, postage prepaid, directed c. Venue is improperly laid;
d. Plaintiff without legal capacity to sue; a counterclaim pleaded in the answer.
e. There is another action pending between the
same parties for the same cause; Rule 17 - Dismissal Of Actions
f. The cause of action is barred by a prior
judgment or by the statute of limitations; 1. Upon Notice By Plaintiff (§1)
g. The pleading asserting the claim states no - How: Plaintiff files a notice of dismissal
cause of action; - When: Any time before service of the
h. The claim or demand has been paid, waived, answer or of a motion for summary
abandoned, or otherwise extinguished; judgment
i. The claim on which the action is founded is - Upon such notice being filed, the court
unenforceable under the statute of frauds; shall issue an order confirming the
and dismissal
j. A condition precedent for filing the claim has - Effect: Unless otherwise stated in the
not been complied with. notice, the dismissal is without prejudice,
except that a notice operates as an
Procedure adjudication upon the merits when filed
1. File within the time for but before filing the by a plaintiff who has once dismissed in a
answer to the complaint or pleading asserting competent court an action based on or
a claim (§1) including the same claim
2. At the hearing of the motion, the parties shall 2. Upon Motion Of Plaintiff (§2)
submit their arguments on the questions of - Except as provided in §1, a complaint
law and their evidence on the questions of shall not be dismissed at the plaintiff’s
fact involved except those not available at instance save upon approval of the court
that time. Should the case go to trial, the and upon such terms and conditions as
evidence presented during the hearing shall the court deems proper.
automatically be part of the evidence of the - Effects:
party presenting the same. (§2) o If a counterclaim has been pleaded
3. After the hearing, the court may dismiss the by a defendant prior to the service
action or claim, deny the motion, or order the upon him of the plaintiff’s motion for
amendment of the pleading. dismissal, the dismissal shall be
- The court shall not defer the resolution limited to the complaint.
because the ground relied upon is not o Without prejudice to defendant’s
indubitable right to prosecute his counterclaim in
- The resolution shall state clearly and a separate action unless within 15
distinctly the reasons therefor (§3) days from notice of the motion he
4. If the motion is denied, the movant shall file manifests his preference to have his
his answer within the balance of the period counterclaim resolved in the same
prescribed by Rule 11 to which he was action.
entitled at the time of serving his motion, but o Unless otherwise specified in the
not less than 5 days in any event, computed order, a dismissal under this
from his receipt of the notice of the denial. paragraph shall be without prejudice.
- If the pleading is ordered to be amended, - A class suit shall not be dismissed or
he shall file his answer within the period compromised without the approval of the
prescribed by Rule 11 counted from court.
service of the amended pleading, unless 3. Due to Plaintiff’s Fault (§3)
the court provides a longer period. (§4) - When: If, for no justifiable cause, the
plaintiff
Effect of Dismissal (§5) - Subject to the right of - fails to appear on the date of the
appeal, an order granting a motion to dismiss presentation of his evidence in chief
based on paragraphs (f), (h) and (i) of section 1 on the complaint, or
hereof shall bar the refiling of the same action or - to prosecute his action for an
claim. unreasonable length of time, or
- to comply with these Rules or any
Failure to File a MTD (§6) - Any of the grounds order of the court,
for dismissal provided for in this Rule may be - Court may dismiss the complaint upon
pleaded as an affirmative defense in the answer motion of the defendant or motu proprio,
and, in the discretion of the court, a preliminary without prejudice to defendant’s right to
hearing may be had thereon as if a motion to prosecute his counterclaim in the same or
dismiss had been filed. in a separate action.
- The dismissal of the complaint under this - Effect: An adjudication upon the merits,
section shall be without prejudice to the unless otherwise declared by the court.
prosecution in the same or separate action of 4. This Rule Applies to Counterclaim, Cross-
claim, or Third-party complaint (§4) — the court to render judgment on the
- Voluntary dismissal by the claimant by basis thereof.
notice as in §1, shall be made before a 3. File a pre-trial brief with the court and serve
responsive pleading or a motion for on the adverse party, in such manner as shall
summary judgment is served or, if there ensure their receipt thereof at least 3 days
is none, before the introduction of before the date of the pre-trial
evidence at the trial or hearing - Contents:
(a) A statement of their willingness to
Rule 18 - Pre-Trial enter into amicable settlement or
alternative modes of dispute
Pre-Trial – Conducted after the last pleading has resolution, indicating the desired
been served and filed; terms thereof;
- Plaintiff’s duty to promptly move ex parte (b) A summary of admitted facts and
that the case be set for pre-trial. (R18, §1) proposed stipulation of facts;
- Mandatory (R18, §2) (c) The issues to be tried or resolved;
(d) The documents or exhibits to be
Factors the Court should Consider during the presented, stating the purpose
Pre-Trial (R18, §2) thereof;
1. Possibility of an amicable settlement or of a (e) A manifestation of their having
submission to alternative modes of dispute availed or then intention to avail
resolution; themselves of discovery procedures
2. Simplification of the issues; or referral to commissioners; and
3. Necessity or desirability of amendments to (f) The number and names of the
the pleadings; witnesses, and the substance of their
4. Possibility of obtaining stipulations or respective testimonies.
admissions of facts and of documents; - Effect of Failure to File: Same as failure
5. Limitation of the number of witnesses; to appear at the pre-trial. (§6)
6. Advisability of a preliminary reference of 4. The proceedings shall be recorded. (§7)
issues to a commissioner; 5. Upon the termination, the court shall issue an
7. Propriety of rendering judgment on the order which shall recite in detail the matters
pleadings, or summary judgment, or of taken up in the conference; the action taken
dismissing the action should a valid ground thereon, the amendments allowed to the
therefor be found to exist; pleadings, and the agreements or admissions
8. Advisability or necessity of suspending the made by the parties as to any of the matters
proceedings; and considered.
9. Other matters as may aid in the prompt - Should the action proceed to trial, the
disposition of the action. order shall explicitly define and limit the
issues to be tried.
Procedure - The contents of the order shall control
1. The notice of pre-trial shall be served on the subsequent course of the action,
counsel, or on the party who has no counsel. unless modified before trial to prevent
- The counsel served with such notice is manifest injustice. (§7)
charged with the duty of notifying the
party represented by him. (§3) Rule 19 - Intervention
2. Parties and their counsel must appear at the
pre-trial. Who May Intervene (§1) - A person who has a
- The non-appearance of a party may be legal interest in the matter in litigation, or in the
excused only if: success of either of the parties, or an interest
o a valid cause is shown therefor or against both, or is so situated as to be adversely
o if a representative shall appear in his affected by a distribution or other disposition of
behalf fully authorized in writing to property in the custody of the court or of an
enter into an amicable settlement, to officer thereof
submit to alternative modes of
dispute resolution, and to enter into Procedure
stipulations or admissions of facts 1. Leave of court required (§1)
and of documents. (§4) - court shall consider whether or not the
- Effect of Failure to Appear (§5): intervention will unduly delay or
o On Plaintiff - Action dismissed with prejudice the adjudication of the rights of
prejudice, unless otherwise ordered the original parties, and whether or not
by the court. the intervenor’s rights may be fully
o On Defendant - Plaintiff allowed to protected in a separate proceeding
present his evidence ex parte and 2. File motion any time before rendition of
judgment by the trial court (§2) in any court unless authorized by the SC
3. Attach a copy of the pleading-in-intervention
to the motion and serve on the original Form and Contents of Subpoena (§3)
parties (§2) 1. Name of the court
- Complaint-in-intervention – asserts a 2. Title of the action or investigation
claim against either or all of the original 3. Directed to the person whose attendance is
parties (§3) required
- Answer-in-intervention - unites with the 4. If subpoena duces tecum, a reasonable
defending party in resisting a claim description of the books, documents or things
against the latter (§3) demanded which must appear to the court
4. File the answer to the complaint-in- prima facie relevant
intervention within 15 days from notice of the
order admitting the same, unless a different When a Subpoena May by Quashed (§4)
period is fixed by the court (§4) 1. Subpoena Duces Tecum
a. Motion promptly made
Rule 20 – Calendar of Cases b. At or before the time specified therein
c. Grounds:
Calendar of cases – Kept by the clerk of court, i. unreasonable and oppressive, or
under the direct supervision of the judge for pre- ii. the relevancy of the books,
trial, for trial, those whose trials were adjourned documents or things does not
or postponed, and those with motions to set for appear, or if the person in whose
hearing behalf the subpoena is issued fails to
- Preference to be given to habeas corpus advance the reasonable cost of the
cases, election cases, special civil actions, production thereof
and those so required by law. (§1) iii. Witness fees and kilometrage were
not tendered when the subpoena was
Assignment of cases – Done exclusively by served.
raffle, in open session of which adequate notice 2. Subpoena Ad Testificandum
shall be given so as to afford interested parties - Grounds:
the opportunity to be present (§2) a. Witness not bound
b. Witness fees and kilometrage were
Rule 21 - Subpoena not tendered when the subpoena was
served.
Subpoena - process directed to a person
requiring him to attend and to testify at the Service of Subpoena
hearing or the trial of an action, or at any 1. Made in the same manner as personal or
investigation conducted by competent authority, substituted service of summons.
or for the taking of his deposition (§1) - original shall be exhibited and a copy
delivered to the person on whom it is
Subpoena Duces Tecum – subpoena requiring a served, tendering to him the fees for one
person to bring with him any books, documents, day’s attendance and the kilometrage
or other things under his control (§1) allowed by these Rules
- When a subpoena is issued by or on
Who May Issue A Subpoena (R21, §2) behalf of the Republic or an officer or
1. Court before whom the witness is required to agency thereof, the tender need not
attend; be made
2. Court where the deposition is to be taken - must be made so as to allow the witness
3. Officer or body authorized by law in a reasonable time for preparation and
connection with investigations conducted by travel of the place of attendance.
said officer or body; or - If the subpoena is duces tecum, the
4. Any Justice of the Supreme Court or of the reasonable cost of producing the books,
Court of Appeals in any case or investigation documents or things demanded shall also
pending within the Philippines. be tendered. (§6)
2. Subpoena for depositions — Proof of service
Application to a Prisoner (§2) of a notice to take a deposition, as in §15 and
- The judge or officer shall examine and study 25 of Rule 23, shall constitute sufficient
it carefully to determine whether it is made authorization for the issuance of subpoenas
for a valid purpose. for the persons named in said notice by the
- Cannot bring a prisoner sentenced to death, clerk of the court of the place in which the
reclusion perpetua or life imprisonment and deposition is to be taken.
who is confined in a penal institution outside - The clerk shall not issue a subpoena
such institution for appearance or attendance duces tecum to any such person without
an order of the court. (§5) any person, whether a party or not
3. How - oral examination or written
Personal Appearance In Court (§7)—A person interrogatories
present in court before a judicial officer may be 4. The attendance of witnesses may be
required to testify as if he were in attendance compelled by the use of a subpoena as in
upon a subpoena issued by such court or officer Rule 21. Depositions shall be taken only in
accordance with these Rules.
Witness’ Failure to Attend 5. The deposition of a person confined in prison
- The court or judge issuing the subpoena, may be taken only by leave of court on such
upon proof of its service and of the witness’ terms as the court prescribes. (§1)
failure, may issue a warrant to the sheriff of 6. Scope (§2)— Any matter, not privileged,
the province or his deputy to arrest the which is relevant to the subject of the
witness and bring him before the court or pending action, whether relating to the claim
officer where his attendance is required or defense of any other party, including the
o the cost of such warrant and seizure shall existence, description, nature, custody,
be paid by the witness if the court issuing condition, and location of any books,
it shall determine that his failure to documents, or other tangible things and the
answer the subpoena was willful and identity and location of persons having
without just excuse (§8) knowledge of relevant facts, unless otherwise
- Failure without adequate cause to obey a ordered by the court
subpoena served shall deemed a contempt of 7. Examination and cross-examination of
the court from which the subpoena is issued. deponents may proceed as permitted at the
o If the subpoena was not issued by a trial under §3 to 18 of Rule 132. (§3)
court, the disobedience shall be punished 8. When Depositions may be Used (§4) - At
in accordance with the applicable law or the trial or upon the hearing of a motion or
Rule (§9) an interlocutory proceeding
- When § 8 and 9 Do Not Apply: - May be used against any party who was
a. Witness resides more than 100 present or represented at the taking of
kilometers from his residence to the place the deposition or who had due notice
where he is to testify by the ordinary thereof
course of travel, - Rules:
b. A detention prisoner if no permission of (a) Any deposition may be used by any
the court in which his case is pending party for the purpose of contradicting
was obtained. (§10) or impeaching the testimony of
deponent as a witness;
Rule 22 - Computation Of Time (b) The deposition of a party or of any
one who at the time of taking the
1. How to Compute - the day of the act or deposition was an officer, director, or
event from which the designated period of managing agent of a public or private
time begins to run is to excluded and the corporation, partnership, or
date of performance included. association which is a party may be
- If the last day of the period falls on a used by an adverse party for any
Saturday, a Sunday, or a legal holiday purpose;
where the court sits, the time shall not (c) The deposition of a witness, whether
run until the next working day. (§1) or not a party, may be used by any
2. Effect of interruption — The allowable party for any purpose if the court
period after such interruption shall start to finds that:
run on the day aft notice of the cessation of (1) the witness is dead; or
the cause thereof. The day of the act that (2) the witness resides at a distance
caused the interruption shall be excluded in more than 100 kilometers from
the computation of the period. (§2) the place of trial or hearing, or is
out of the Philippines, unless it
Rule 23 - Depositions Pending Action appears that his absence was
procured by the party offering
1. When (§1) – the deposition; or
a. By leave of court - after jurisdiction (3) the witness is unable to attend or
obtained over any defendant or over testify because of age, sickness,
property which is the subject of the infirmity, or imprisonment; or
action (4) the party offering the deposition
b. Without leave - after an answer has been has been unable to procure the
served attendance of the witness by
2. What May be Deposed - the testimony of subpoena; or
(5) upon application and notice, such (c) the person referred to in §14
exceptional circumstances exist c. If the parties stipulate in writing,
as to make it desirable, in the depositions may be taken before any
interest of justice and with due person authorized to administer oaths, at
regard to the importance of any time or place, in accordance with
presenting the testimony of these Rules, and when so taken may be
witnesses orally in open court, to used like other depositions. (§14)
allow the deposition to be used; d. Disqualification (§13) — Cannot take a
and deposition before:
(d) If only part of a deposition is offered • a person who is a relative within the
in evidence by a party, the adverse 6th degree of consanguinity or
party may require him to introduce affinity, or
all of it which is relevant to the part • employee or counsel of any of the
introduced, and any party may parties; or
introduce any other parts. • who is a relative within the same
9. Substitution Of Parties (§5) —Does not degree, or employee of such counsel;
affect the right to use depositions previously • or who is financially interested in the
taken action.
- When an action has been dismissed and 6. Commission Or Letters Rogatory (§12) —
another action involving the same subject Issued only when necessary or convenient,
is afterward brought between the same on application and notice, and on such terms
parties or their representatives or and with such direction as are just
successors in interest, all depositions appropriate.
lawfully taken and duly filed in the former 1. Officers may be designated in notices or
action may be used in the latter as if commissions either by name or
originally taken therefore descriptive title
10. Objections to Admissibility (§6) —Subject 2. Letters rogatory may be addressed to the
to §29, may be made at the trial or hearing appropriate judicial authority in the
to receiving in evidence any deposition or foreign country
part thereof
- Grounds: Any reason which would require Procedure for Oral Deposition
the exclusion of the evidence if the 1) A party desiring to take the deposition of any
witness were then present and testifying person upon oral examination shall give
11. Effect Of Taking Depositions (§7) —A reasonable notice in writing to every other
party does not make a person his own party to the action.
witness by taking his deposition. - Notice: state the time and place for
12. Effect Of Using Depositions (§8) —The taking the deposition and the name and
introduction in evidence of the deposition or address of each person to be examined,
any part thereof for any purpose other than if known, and if the name is at known, a
that of contradicting or impeaching the general description sufficient to identify
deponent makes the deponent the witness of him or the particular class or group to
the party introducing the deposition which he belongs.
- Does not but apply to the use by an - On motion of any party upon whom the
adverse party of a deposition as notice is served, the court may for cause
described in §4(b) shown enlarge or shorten the time. (§15)
13. Rebutting Deposition (§9) — At the trial or 2) Upon motion seasonably made by any party
hearing, any party may rebut any relevant or by the person to be examined and for good
evidence contained in a deposition whether cause, the court where the action is pending
introduced by him or by any other party. may make an order that:
14. Persons Before Whom Depositions May - the deposition shall not be taken, or
Be Taken - it may be taken only at a designated
a. Within The Philippines (§10) — Any place other than that in the notice, or
judge, notary public, on the person - it may be taken only on written
referred to in §14 interrogatories, or
b. In Foreign Countries (§11) — - certain matters shall not be inquired into
(a) on notice before a secretary of or
embassy or legation, consul general, - the scope of the examination shall be
consul, vice-consul, or consular agent held with no one present except the
of the Republic of the Philippines; parties to the action and their officers or
(b) before such person or officer as may counsel, or
be appointed by commission or under - after being sealed the deposition shall be
letters rogatory; or opened only by order of the court, or
- secret processes developments, or deem reasonable.
research need not be disclosed, or 5) When the testimony is fully transcribed, the
- the parties shall simultaneously filed deposition shall be submitted to the witness
specified documents or information for examination and shall be read to or by
enclosed in sealed envelope to be opened him, unless such examination and reading are
as directed by the court; or waived by the witness and by the parties.
- any other order which justice requires to - Changes in form or substance which the
protect the party or witness from witness desires to make shall be entered
annoyance, embarrassment, or upon the deposition by the officer with a
oppression. (§16) statement of the witness’ reasons for
3) The officer before whom the deposition is to making them.
be taken shall put the witness or oath and - The witness shall sign the deposition,
shall personally, or by some one acting under unless the parties by stipulation waive
his direction and in his presence, record the the signing or the witness is ill or cannot
testimony of the witness. be found or refuses to sign.
- Testimony shall be taken stenographically - If the deposition is not signed by the
unless the parties agree otherwise. witness, the officer shall sign it and state
- All objections made at the time of the on the record the fact of the waiver or of
examination to the qualifications of the the illness or absence of the witness or
officer taking the deposition, or to the the fact of the refusal to sign together
manner of taking it, or to the evidence with the reason given, if any, and the
presented, or to the conduct of any deposition may then be used as fully as
party, and any other objection to the though signed, unless on a motion to
proceedings, shall be noted by the officer suppress under §29(f) of this Rule, the
upon the deposition. court holds that the reasons given for the
- Evidence objected to shall be taken refusal to sign require rejection of the
subject to the objections. deposition in whole or in part. (§19)
- In lieu of participating in the oral 6) The officer shall certify on the deposition that
examination, parties served with notice the witness was duly sworn to by him and
of taking a deposition may transmit that the deposition is a true record of the
written interrogatories to the officers, testimony given by the witness.
who shall propound them to the witness - He shall securely seal the deposition in
and record the answers verbatim. (§17) an envelope indorsed with the title of the
4) Motion to terminate or limit examination action and marked “Deposition of (the
(§18) name of witness)” and shall promptly file
- Requisites: (a) any time during the it with the court in which the action is
taking of the deposition, (b) on motion or pending or send it by registered mail to
petition of any party or of the deponent the clerk thereof for filing. (§20)
and (c) upon a showing that the 7) The officer taking the deposition shall give
examination is being conducted in bad prompt notice of its filing to all the parties.
faith or in such manner, as unreasonably (§21)
to annoy, embarrass, or oppress the
8) Upon payment of reasonable charges, the
deponent or party
officer shall furnish a copy of the deposition
- Court where action is pending or the RTC
to any party or to the deponent. (§22)
of the place where the deposition is being
taken may order the officer conducting
Consequences of the Failure of Party Giving
the examination to cease from taking the
Notice of the Taking of Deposition
deposition, or may limit the scope and
1. Failure to attend and proceed with deposition
manner of the taking of the deposition,
and another attends in person or by counsel
as provided in § 16 of this Rule.
pursuant to the notice - court may order the
- If the order terminates the examination,
party giving the notice to pay the other party
it shall be resumed only upon the order
the amount of the reasonable expenses he
of the court in which the action is
and his counsel incurred in attending
pending.
including reasonable attorney’s fees. (§23)
- Upon demand of the objecting party or
2. Failure to serve subpoena on witness, witness
deponent, the taking of the deposition
because of such failure does not attend, and
shall be suspended for the time
another party attends in person or by counsel
necessary to make a notice for an order.
— Court may order the party giving notice to
- In granting or refusing such order, the
pay the other party the reasonable expenses
court may impose upon either party or
he and his counsel incurred in attending and
upon the witness the requirement to pay
reasonable attorney’s fees. (§24)
such costs or expenses as the court may
Procedure for Deposition Upon Written if presented at that time.
Interrogatories (d) As to errors and irregularities occurring at the
1. A party desiring to take the deposition shall oral examination in the manner of taking the
serve the written interrogatories upon every deposition, in the form of the questions or
other party with a notice stating the name answers, in the oath or affirmation, or in the
and address of the person who is to answer conduct of the parties and errors of any kind
them and the name of descriptive title and which might be obviated, removed, or cured
address of the officer before whom the if promptly prosecuted - waived unless
deposition is to be taken. (§25) reasonable objection thereto is made at the
2. Within 10 days thereafter, a party so served taking of the deposition.
may serve cross-interrogatories upon the (e) As to form of written interrogatories.—
party proposing to take the deposition. (§25) Waived unless served in writing upon the
3. Within 5 days thereafter, the latter may serve party propounding them within the time
re-direct interrogatories upon a party who allowed for serving succeeding cross or other
has served cross-interrogatories. (§25) interrogatories and within 3 days after service
4. Within 3 days after being served with re- of the last interrogatories authorized.
direct interrogatories, a party may serve (f) As to manner the testimony is transcribed or
recross-interrogatories upon the party the deposition is prepared, signed, certified,
proposing to take the deposition. (§25) sealed, indorsed, transmitted, filed, or
5. A copy of the notice and copies of all otherwise dealt with by the officer - Waived
interrogatories served shall be delivered by unless a motion to suppress the deposition or
the party taking the deposition to the officer some part thereof is made with reasonable
designated in the notice, who shall proceed promptness after such defect is, or with due
promptly, in the manner provided by §17, 19 diligence might have been, ascertained.
and 20, to take the testimony of the witness
in response to the interrogatories and to Rule 24 - Depositions Before Action Or
prepare, certify, and filed or mail the Pending Appeal
deposition, attaching thereto the copy of the
notice and the interrogatories received by Procedure for Depositions Before Action
him. (§26) - What – A person’s own testimony or that of
6. When a deposition upon interrogatories is another regarding any matter that may be
filed, the officer taking it shall promptly give cognizable in any court of the Philippines (§1)
notice to all the parties, and may furnish 1. File a verified petition in the court of the
copies to them or to the deponent upon place of the residence of any expected
payment of reasonable charges (§27) adverse party. (§1)
7. After the service of the interrogatories and - Contents: entitled in the name of the
prior to the taking of the testimony of the petitioner and shall show:
deponent, the court where the action is (a) that petitioner expects to be a party
pending, on motion promptly made by a to an action in a court of the
party or a deponent, and for good cause Philippines but is presently unable to
shown, may make any order specified in §15, bring it or cause it to be brought;
16 and 18 which is appropriate and just or an (b) the subject matter of the expected
order that the deposition shall not be taken action and his interest therein;
before the officer designated in the notice or (c) the facts which he desires to
that it shall not be taken except upon oral establish by the proposed testimony
examination. (§28) and his reasons for desiring to
perpetuate it;
Effect Of Errors And Irregularities In (d) the names or a description of the
Depositions (§29) persons he expects will be adverse
(a) As to the notice for taking a deposition — parties and their addresses so far as
Waived unless written objection is promptly known; and
served upon the party giving the notice (e) the names and addresses of the
(b) As to disqualification of officer — Waived persons to be examined and the
unless made before the taking of the substance of the testimony which he
deposition begins or as soon thereafter as the expects to elicit from each, and shall
disqualification becomes known or could be ask for an order authorizing the
discovered with reasonable diligence. petitioner to take the depositions of
(c) As to competency or relevancy of evidence — the persons to be examined named
Not waived by failure to make objections in the petition for the purpose of
before or during the taking of the deposition, perpetuating their testimony. (§2)
unless the ground of the objection is one 2. Petitioner shall serve a notice upon each
which might have been obviated or removed person named in the petition as an expected
adverse party, together with a copy of the facts from any adverse parties shall file and
petition, stating that he will apply to the serve upon the latter written interrogatories
court, at a time and place named therein, for to be answered by the party served or, if the
the order described in the petition. (§3) party served is a public or private corporation
3. At least 20 days before the hearing, the court or a partnership or association, by any officer
shall cause notice thereof to be served on the thereof competent to testify in its behalf. (§1)
parties and prospective deponents in the - May only serve 1 set of interrogatories to
manner provided for service of summons (§3) a party unless with leave of court. (§4)
4. If the court is satisfied that the perpetuation - May relate to any matters that can be
of the testimony may prevent a failure or inquired into under §2 of Rule 23, and
delay of justice, it shall make an order the answers may be used for the same
designating or describing the persons whose purposes provided in §4 of Rule 23. (§5)
deposition may be taken and specifying the - A party not served with written
subject matter of the examination and interrogatories may not be compelled by
whether the depositions shall be taken upon the adverse party to give testimony in
oral examination or written interrogatories. open court, or to give a deposition
- Take depositions in accordance with Rule pending appeal unless allowed by the
23 before the hearing. (§4) court for good cause shown and to
o Each reference in Rule 23 to the prevent a failure of justice (§6)
court in which the action is pending 2. The interrogatories shall be answered fully in
refers to the court in which the writing and shall be signed and sworn to by
petition for deposition was filed. (§5) the person making them. (§2)
- If a deposition to perpetuate testimony is 3. The party upon whom the interrogatories
taken under this Rule, or if, although not have been served shall file and serve a copy
so taken, it would be admissible in of the answers on the party submitting the
evidence, it may be used in any action interrogatories within 15 days after service
involving the same subject matter thereof, unless the court, on motion and for
subsequently brought in accordance with good cause shown, extends or shortens the
§4 and 5 of Rule 23. (§6) time. (§2)
4. Objections to any interrogatories may be
Procedure: Depositions Pending Appeal (§7) presented to the court within 10 days after
- If an appeal has been taken from a judgment service, with notice as in case of a motion;
of a court, including the CA in proper cases, - answers deferred until the objections are
or before the taking of an appeal if the time resolved, which shall be at as early a
therefor has not expired, the court in which time as is practicable. (§3)
the judgment was rendered may allow the
taking of depositions of witnesses to Rule 26 - Admission By Adverse Party
perpetuate their testimony for use in the
event of further proceedings in the said court. Request for admission (§1) —
1. The party who desires to perpetuate the - When: At any time after issues have been
testimony may make a motion in the court joined
for leave to take the depositions, upon the - What: Written request for the admission by
same notice and service thereof as if the one party to another of the genuineness of
action was pending therein. any material and relevant document
- Contents: (a) the names and addresses described in and exhibited with the request or
of the persons to be examined and the of the truth of any material and relevant
substance of the testimony which he matter of fact set forth in the request.
expects to elicit from each; and (b) the o A party who fails to file and serve a
reason for perpetuating their testimony. request for admission on the adverse
2. If the court finds that the perpetuation of the party of material and relevant facts at
testimony is proper to avoid a failure or delay issue which are or ought to be, within the
of justice, it may make an order allowing the personal knowledge of the latter, shall
depositions to be taken not be permitted to present evidence on
3. The depositions may be taken and used in the such facts unless otherwise allowed by
same manner and under the same conditions the court for good cause shown and to
as prescribed in these Rules for depositions prevent a failure of justice (§5)
taken in pending actions. - Copies of the documents shall be delivered
with the request unless copies have already
Rule 25 - Interrogatories To Parties been furnished.

1. Under the conditions in §1 of Rule 23, any Admission By the Party


party desiring to elicit material and relevant 1. Implied Admission (§2) - Each of the
matters of which an admission is requested condition of a party is in controversy
are deemed admitted unless, within the - Kind of Examination - Physical or mental
period in the request (not less than 15 days examination by a physician
after service), or within such further time as
the court may allow on motion, the party to Procedure
whom the request is directed files and serves 1. Order for examination:
upon the party requesting the admission a a. Made only on motion
sworn statement either denying specifically b. For good cause shown and
the matters of which an admission is c. Upon notice to the party to be examined
requested or setting forth in detail the and to all other parties
reasons why he cannot truthfully either admit d. It shall specify the time, place, manner,
or deny those matters conditions and scope of the examination
- The other party may submit objections to and the person or persons by whom it is
any request for admission to the court to be made. (§2)
within the period for and prior to the 2. If requested by the party examined, the party
filing of his sworn statement causing the examination to be made shall
- Compliance with the request for deliver to him a copy of a detailed written
admission deferred until such objections report of the examining physician setting out
are resolved, which shall be made as his findings and conclusions.
early as practicable. - After such request and delivery, the party
2. Effect of admission (§3) — Any admission causing the examination shall be entitled
made by a party pursuant to the request is upon request to receive from the party
for the pending action only and shall not examined a like report of any
constitute an admission by him for any other examination, previously or thereafter
purpose nor may the same be used against made, of the same mental or physical
him in any other proceeding. condition.
- The court may allow the party making an o If the party examined refuses to
admission, whether express or implied, to deliver such report, the court on
withdraw or amend it upon such terms as motion and notice may make an
may be just. (§4) order requiring delivery on such
terms as are just, and if a physician
Rule 27 - Production Or Inspection Of fails or refuses to make such a report
Documents Or Things the court may exclude his testimony
if offered at the trial. (§3)
Upon motion of any party showing good cause, - By requesting and obtaining a report of
the court in which an action is pending may: the examination so ordered or by taking
a) order any party to produce and permit the the deposition of the examiner, the party
inspection and copying or photographing, by examined waives any privilege he may
or on behalf of the moving party, of any have in that action or any other involving
designated documents, papers, books, the same controversy, regarding the
accounts, letters, photographs, objects or testimony of every other person who has
tangible things not privileged, which examined or may thereafter examine him
constitute or contain evidence material to any in respect of the same mental or physical
matter involved in the action and which are in examination. (§4)
his possession custody or control; or
b) order any party or permit entry upon Rule 29 - Refusal To Comply With Modes Of
designated land or other property in his Discovery
possession or control for the purpose of
inspecting, measuring, surveying, or Procedure: Deponent or Party Refuses to
photographing the property or any Answer Any Question (§1)
designated relevant object or operation 1) The examination (oral) may be completed on
thereon. other matters or adjourned as the proponent
- Contents of the Order - time, place and of the question may prefer.
manner of making the inspection and taking 2) Proponent may apply to the proper court of
copies and photographs; such terms and the place where the deposition is being taken,
conditions as are just. (§1) for an order to compel an answer.
- same procedure may be availed of when
Rule 28 - Physical And Mental Examination a party or a witness refuses to answer
Of Persons any interrogatory under Rules 23 or 25
3) If the application is granted, the court shall
When Examinations May Be Ordered (§1) - In require the refusing party or deponent to
an action in which the mental or physical answer the question or interrogatory
- if the refusal was without substantial apply to the court for an order requiring the
justification, court may require the other party to pay the reasonable expenses in
refusing party or deponent or the counsel making such proof, including attorney’s fees.
advising the refusal, or both of them, to - Such order shall be issued unless the
pay the proponent the reasonable court finds that there were good reasons
expenses incurred in obtaining the order, for the denial or that admissions sought
including attorney’s fees were of no substantial importance (§4)
4) If the application is denied and the court finds 4. Failure of party (or its officer or managing
that it was filed without substantial agent) to attend or serve answers—Court on
justification, it may require the proponent or motion and notice, may strike out all or any
the counsel advising the filing of the part of any pleading of the party, or dismiss
application, or both of them, to pay to the the action or proceeding or any part thereof,
refusing party or deponent the reasonable or enter a judgment by default against the
expenses incurred in opposing the party, and in its discretion, order him to pay
application, including attorney’s fees. reasonable expenses incurred by the other,
including attorney’s fees. (§5)
Consequences for Refusal to Comply 5. Expenses and attorney’s fees are not to be
1. Refusal to be sworn or to answer any imposed upon the Republic of the Philippines
question after being directed to do so by the under this Rule.(§6)
court of the place in which the deposition is
being taken - refusal may be considered a Rule 30 - Trial
contempt of that court. (§2)
2. Refusal of any party or an officer or managing Notice of trial — Upon entry of a case in the trial
agent of a party to obey an order requiring calendar, the clerk shall notify the parties of the
him to answer designated questions, or to date of its trial in such manner as shall ensure his
produce any document or other thing for receipt of that notice at least 5 days before such
inspection copying or photographing or to date. (§1)
permit it to be done, or to permit entry upon
land or other property, or to submit to a Adjournments and Postponements.
physical or mental examination - Court may 1. A court may adjourn a trial from day to day,
make such orders as are just, among which and to any stated time, as the expeditious
are: and convenient transaction of business may
(a) That the matters regarding which the require
questions were asked, or the character or - but it cannot adjourn a trial for a longer
description of the thing or land, or the period than 1 month for each
contents of the paper, or the physical or adjournment, nor more than 3 months in
mental condition of the party or any all, except when authorized in writing by
other designated facts shall be taken to the Court Administrator, SC. (§2)
be established for the purposes of the 2. Motion To Postpone Trial For Absence Of
action in accordance with the claim of the Evidence (§3) —
party obtaining the order; a. Requisite - Affidavit showing the
(b) Refusing to allow the disobedient party to materiality or relevancy of such evidence,
support or oppose designated claims or and that due diligence has been used to
defenses or prohibiting him from procure it.
introducing in evidence designated b. If the adverse party admits the facts to
documents or things or items of be given in evidence, even if he objects
testimony, or from introducing evidence or reserves the right to their
of physical or mental condition; admissibility, the trial shall not be
(c) Striking out pleadings or parts thereof, or postponed.
staying further proceedings until the 3. Motion To Postpone Trial For Illness Of Party
order is obeyed, or dismissing the action Or Counsel, Requisite (§4) —Affidavit or
or proceeding or any part thereof or sworn certification showing that the presence
rendering a judgment by default against of such party or counsel at the trial is
the disobedient party; and indispensable and that the character of his
(d) Directing the arrest of any party or agent illness is such as to render his non-
of party for disobeying any of such orders attendance excusable
except an order to submit to a physical or
mental examination. (§3) Order of Trial (§5)
3. Refusal to admit the genuineness of any (a) Plaintiff adduces evidence in support of his
document or the truth of any matter of fact complaint;
which genuineness or truth is thereafter (b) Defendant adduces evidence in support of his
proved – Party who requested admission may defense, counterclaim, cross-claim and third-
party complaint; report and the transcripts within 10 days
(c) Third-party defendant, if any, adduces from termination of the hearing.
evidence of his defense, counterclaim, cross-
claim and fourth-party complaint; Rule 31 - Consolidation Or Severance
(d) Fourth-party, and so forth, if any, adduces
evidence of the material facts pleaded by Consolidation (§1) - When actions involving a
them; common question of law or fact are pending
(e) Parties against whom any counterclaim or before the court, it may order:
cross-claim has been pleaded, adduces b. a joint hearing or trial of any or all the
evidence in support of their defense, in the matters in issue in the actions;
order to be prescribed by the court; c. all the actions consolidated; and
(f) Parties then respectively adduce rebutting d. as may tend to avoid unnecessary costs or
evidence only, unless the court, for good delay
reasons and in the furtherance of justice,
permits them to adduce evidence upon their Separate Trials (§2)
original case; and - Grounds: convenience or to avoid prejudice,
(g) Upon admission of the evidence, the case - What may be Separately Tried: any claim,
shall be deemed submitted for decision, cross-claim, counterclaim, or third-party
unless the court directs the parties to argue complaint, or any separate issue or of any
or to submit their respective memoranda or number of claims, cross-claims, counter-
any further pleadings. claims, third-party complaint or issues
Notes:
- Subject to §2 of Rule 31, and unless the court Rule 32 - Trial By Commissioner
for special reasons otherwise directs, the trial
shall be limited to the issues stated in the When Reference is Made
pre-trial order 1. By consent (§1) — By written consent of
- If several defendants or third-party both parties
defendants, and so forth having separate - any or all of the issues in a case may be
defenses appear by different counsel, the referred to a commissioner to be agreed
court shall determine the relative order of upon by the parties or to be appointed by
presentation of their evidence. the court
- Any statement made by the judge with - “commissioner” includes a referee, an
reference to the case, or to any of the auditor and an examiner
parties, witnesses or counsel during the 2. Ordered on motion (§2) —Parties do not
hearing or trial shall be made of record in the consent, but the court, upon the application
stenographic notes. (§7) of either or of its own motion, directs a
- The suspension of actions shall be governed reference to a commissioner in these cases:
by the Civil Code. (§8) (a) When the trial of an issue of fact requires
the examination of a long account on
Agreed Statement Of Facts (§6) either side, in which case the commis-
- Parties to any action may agree, in writing, sioner may be directed to hear and report
upon the facts, and submit the case for upon the whole issue or any specific
judgment on the facts agreed upon, without question involved therein;
the introduction of evidence. (b) When the taking of an account is
- If the parties agree only on some of the facts necessary for the information of the court
in issue, the trial shall be held as to the before judgment, or for carrying a
disputed facts in such order as the court shall judgment or order into effect;
prescribe. (c) When a question of fact, other than upon
the pleadings, arises upon motion or
Receipt of Evidence (§9) - The judge of the otherwise, in any stage of a case, or for
court where the case is pending shall personally carrying a judgment or order into effect.
receive the evidence adduced by the parties.
- Except: in default or ex parte hearings, and Procedure for Reference
in any case where the parties agree in 1. When a reference is made, the clerk shall
writing, the court may delegate the reception furnish the commissioner with a copy of the
of evidence to its clerk of court who is a order of reference.
member of the bar. - Contents: specify the commissioner’s
o The clerk is without power to rule on powers, and may direct him to report
objections to any question or to the only upon particular issues, or to do or
admission of exhibits perform particular acts, or to receive and
o These objections shall be resolved by the report evidence only, and may fix the
court upon submission of the clerk’s date for beginning and closing the
hearings and for the filing of his report. - Objections to the report based upon
- Subject to the specifications and grounds which were available to the
limitations in the order, the commissioner parties during the proceedings before the
has and shall exercise the power commissioner, other than objections to
o to regulate the proceedings in every the findings and conclusions set forth,
hearing before him and shall not be considered unless they were
o to do all acts and take all measures made before the commissioner. (§10)
necessary or proper for the efficient - When the parties stipulate that a
performance of his duties under the commissioner’s findings of fact shall be
order. final, only questions of law shall
o To issue subpoenas and subpoenas thereafter be considered. (§12)
duces tecum, swear witnesses, and 6. After the 10 days, the report shall be set for
o unless otherwise provided in the hearing, after which the court shall issue an
order of reference, to rule upon the order adopting, modifying, or rejecting the
admissibility of evidence. report in whole or in part, or recommitting it
- The trial or hearing before him shall with instructions, or requiring the parties to
proceed in all respects as it would if held present further evidence before the
before the court. (§3) commissioner or the court. (§11)
2. Commissioner takes an oath to a faithful and 7. The court shall allow the commissioner such
honest performance of his duties (§4) reasonable compensation as circumstances
3. Upon receipt of the order of reference and warrant, to be taxed as costs against the
unless otherwise provided therein, the defeated party, or apportioned, as justice
commissioner shall set a time and place for requires. (§13)
the first meeting of the parties or their
counsel to be held within 10 days after the Rule 33 - Demurrer To Evidence
date of the order of reference and shall notify
the parties or their counsel. (§5) Requisites (§1)
- If a party fails to appear at the time and 1. Defendant files a motion
place appointed, the commissioner may 2. After the plaintiff has completed the
proceed ex parte or, in his discretion, presentation of his evidence
adjourn the proceedings to a future day, 3. Ground: plaintiff has shown no right to relief
giving notice to the absent party or his
counsel of the adjournment. (§6) Effects of Demurrer (§1)
- The witness’ refusal to obey a subpoena 1. If denied – defendant shall have the right to
issued by the commissioner or to give present evidence
evidence before him, shall be deemed a 2. If granted but reversed on appeal –
contempt of the court which appointed defendant waived right to present evidence
the commissioner. (§7)
- It is the commissioner’s duty to proceed Rule 34 - Judgment On The Pleadings
with all reasonable diligence.
o A party, on notice to the parties and Court may direct judgment on a pleading when an
commissioner, may apply to the answer fails to tender an issue, or otherwise
court for an order requiring the admits the material allegations of the adverse
commissioner to expedite the pro- party’s pleading on motion of that party
ceedings and make his report (§8) - In actions for declaration of nullity or
4. Upon the completion of the trial or hearing or annulment of marriage or for legal
proceeding before the commissioner, he shall separation, the material facts alleged in the
file with the court his report in writing upon complaint shall always be proved (§1)
the matters submitted to him by the order of
reference. Rule 35 - Summary Judgments
- When his powers are not specified or
limited, he shall set forth his findings of When to File
fact and conclusions of law in his report. 1. For Claimant Seeking To Recover Upon A
- He shall attach all exhibits, affidavits, Claim, Counterclaim, Or Cross-Claim Or To
depositions, papers and the transcripts, if Obtain A Declaratory Relief - Any time after
any, of the testimonial evidence the pleading in answer thereto has been
presented before him. (§9) served (§1)
5. Upon the filing of the report, the parties shall 2. For Defending Party - Any time (§2)
be notified by the clerk, and they shall be
allowed 10 days to signify grounds of Procedure
objections to the findings of the report, if 1. The motion shall be served at least 10 days
they so desire. before the time specified for the hearing.
2. The adverse party may serve opposing out their individual or proper names, if
affidavits, depositions, or admissions at least known. (§6)
3 days before the hearing.
3. After the hearing, the judgment sought shall Book of Entries of Judgments (§2) - If no
be rendered if the pleadings, supporting appeal or motion for new trial or reconsideration
affidavits, depositions, and admissions on file, is filed within the time provided in these Rules,
show that except as to the amount of the judgment or final order shall be entered by
damages, there is no genuine issue as to any the clerk in the book of entries of judgments.
material fact and the moving party is entitled - The date of finality of the judgment or final
to a judgment as a matter of law (§3) order shall be deemed to be the date of its
4. If judgment is not rendered upon the whole entry.
case or for all the reliefs sought and a trial is - The record shall contain the dispositive part
necessary, the court at the hearing of the and shall be signed by the clerk, with a
motion, by examining the pleadings and the certificate that such judgment or final order
evidence before it and by interrogating has become final and executory.
counsel shall ascertain what material facts
exist without substantial controversy and Judgments
what are actually and in good faith 1) Judgment may be given for or against one or
controverted. more several plaintiffs, and for or against one
- It shall make an order specifying the or more of several defendants. When justice
facts that appear without substantial demands, the court may require the parties
controversy, including the extent to on each side to file adversary pleadings as
which the amount of damages or other between themselves and determine their
relief is not in controversy, and directing ultimate rights and obligations. (§3)
such further proceedings in the action as 2) In an action against several defendants, the
are just. court may, when proper, render judgment
- The facts specified are deemed against one or more of them, leaving the
established, and the trial shall be action to proceed against the others. (§4)
conducted on the controverted facts (§4) 3) When more than one claim for relief is
presented in an action, the court, at any
Affidavits and Supporting Papers stage, upon a determination of the issues
1. Form (§5) – material to a particular claim and all
a. Made on personal knowledge counterclaims arising out of the transaction or
b. Set forth facts as would be admissible in occurrence which is the subject matter of the
evidence, and claim, may render a separate judgment
c. Show affirmatively that the affiant is disposing of such claim.
competent to testify to the matters - The judgment shall terminate the action
stated therein. with respect to the claim disposed of and
d. Certified true copies of all papers or parts the action shall proceed as to the
referred in the affidavit shall be attached remaining claims.
thereto or served therewith. (§5) - In case of a separate judgment, the court
2. If any of the affidavits presented pursuant to by order may stay its enforcement until
this Rule are presented in bad faith, or solely the rendition of a subsequent judgment
for delay, the court shall order the offending or judgments and may prescribe such
party or counsel to pay to the other party the conditions as may be necessary to secure
reasonable expenses which the filing of the the benefit thereof to the party in whose
affidavits caused him to incur, including favor the judgment is rendered. (§5)
attorney’s fees. It may, after hearing, further
adjudge the offending party or counsel guilty Rule 37 - New Trial Or Reconsideration
of contempt. (§6)
For Both
Rule 36 - Judgments, Final Orders 1. Period for Filing (§1) - Within the period for
And Entry Thereof taking an appeal
2. Form (§2) - in writing stating the ground or
Form (§1) - In writing personally and directly grounds therefor, a written notice of which
prepared by the judge, stating clearly and shall be served by the movant on the adverse
distinctly the facts and the law on which it is party
based, signed by him, and filed with the clerk of 3. Pro forma Motion (§2) - Shall not toll the
the court reglementary period of appeal.
- When judgment is rendered against two or 4. Resolution (§4) - within 30 days from the
more persons sued as an entity without time it is submitted for resolution
juridical personality, the judgment shall set 5. Partial New Trial or Reconsideration– If
the grounds for a motion affect the issues b. the evidence is insufficient to justify the
only a part, or less than all of the matter in decision or final order, or
controversy, or only one, or less than all, of c. the decision or final order is contrary to
the parties, court may order a new trial or law.
grant reconsideration as to such issues if 2. Contents (§2) - point out specifically the
severable without interfering with the findings or conclusions of the judgment or
judgment or final order upon the rest (§7) final order which are not supported by
- when this is granted, the court may evidence or are contrary to law, making
either enter a judgment or final order as express reference to the testimonial or
to the rest, or stay the enforcement of documentary evidence or to the provisions of
such judgment or final order until after law alleged to be contrary to such findings or
the new trial (§8) conclusions
6. Remedy against Denial (§9) – Appeal from 3. Court Action (§3) - If it court finds that
the judgment or final order excessive damages have been awarded or
that the judgment or final order is contrary to
Motion for New Trial the evidence or law, it may amend such
1. Grounds (§1) – Must materially affect the judgment or final order accordingly.
substantial rights of aggrieved party 4. Second Motion (§5) – Not allowed
a) Fraud, accident, mistake or excusable
negligence which ordinary prudence could Rule 38 - Relief From Judgments, Orders Or
not have guarded against and by reason Other Proceedings
of which such aggrieved party has
probably been impaired in his rights; or Petition For Relief From Judgment, Order, Or
b) Newly discovered evidence, which he Other Proceedings (§1) — Can be availed of by
could not, with reasonable diligence, a party to set aside a judgment, order or
have discovered and produced at the proceeding when it is entered or taken against
trial, and which if presented would him in any court through fraud, accident,
probably alter the result. mistake, or excusable negligence; file in the same
2. Contents –Proved in the manner provided court and in the same case
for proof of motions. (§2)
a) Motion under par (a) - supported by Petition For Relief From Denial Of Appeal
affidavits of merits which may be (§2) — Petition asking that an appeal be given
rebutted by affidavits. due course when a judgment or final order is
b) Motion under par (b) - supported by rendered by any court, and a party thereto, by
affidavits of the witnesses by whom such fraud, accident, mistake, or excusable negligence,
evidence is expected to be given, or by has been prevented from taking an appeal
duly authenticated documents which are
proposed to be introduced in evidence. Procedure for Both
3. Court Action (§3) – It may set aside the 1. Time to File (§3) - within 60 days after peti-
judgment or final order and grant a new trial, tioner learns of the judgment, final order, or
upon such terms as may be just; or deny the other proceeding to be set aside, and not
motion. more than 6 months after such judgment or
4. Second Motion (§5) - A motion for new trial final order was entered, or such proceeding
shall include all grounds then available and was taken
those not included shall be deemed waived. 2. Petitions must be verified and accompanied
- A second motion for new trial, based on a with affidavits showing the fraud, accident,
ground not existing nor available when mistake, or excusable negligence relied upon,
the first motion was made, may be filed and facts constituting petitioner’s good and
within the time herein provided excluding substantial cause of action or defense (§3)
the time during which the first motion 3. If the petition is sufficient in form and
had been pending. substance to justify relief, the court in which
5. Effect of Granting Motion (§6) - Original it is filed, shall issue an order requiring the
judgment or final order vacated, and the adverse parties to answer the same within 15
action shall stand for trial de novo; days from the receipt thereof. It shall be
- recorded evidence taken upon the former served in such manner as the court may
trial, insofar as the same is material and direct, together with copies of the petition
competent to establish the issues, shall and the accompanying affidavits. (§4)
be used at the new trial without retaking 4. The court in which the petition is filed, may
grant such preliminary injunction as may be
Motion for Reconsideration necessary for the preservation of the rights of
1. Grounds (§1) the parties
a. the damages awarded are excessive, - upon petitioner’s filing of a bond in favor
of the adverse party, conditioned that if appeal
the petition is dismissed or the petitioner - What: Court may, in its discretion, order
fails on the trial of the case upon its execution of a judgment or final order
merits, he will pay the adverse party all even before the expiration of the period
damages and costs that may be awarded to appeal.
to him by reason of the issuance of such - After the trial court has lost jurisdiction,
injunction or the other proceedings the motion for execution pending appeal
following the petition may be filed in the appellate court.
- such injunction shall not discharge or - Discretionary execution may only issue
extinguish any lien which the adverse upon good reasons to be stated in a
party may have acquired upon special order after due hearing.
petitioner’s property (§5) (b) Execution of several, separate or partial
5. After the filing of the answer or the expiration judgments — May be executed under the
of the period therefor, the court shall hear same terms and conditions as execution of a
the petition (§6) judgment or final order pending appeal.
(a) if it finds that the allegations are not (c) Discretionary execution may be stayed upon
true, the petition shall be dismissed; but approval by the proper court of a sufficient
(b) if it finds allegations to be true, it shall supersedeas bond filed by the party against
set aside the judgment or final order or whom it is directed
other proceeding complained of upon - conditioned upon the performance of the
such terms as may be just. judgment or order allowed to be
- case stands as if such judgment, final executed in case it shall be finally
order or other proceeding had never sustained in whole or in part.
been rendered, issued or taken. - It may be proceeded against on motion
- court hears and determines the case with notice to the surety. (§3)
as if a timely motion for a new trial
or reconsideration had been granted Judgments Not Stayed By Appeal (§4)
6. Where the denial of an appeal is set aside, - Applies to judgments in actions for injunction,
the lower court shall be required to give due receivership, accounting and support, and
course to the appeal and to elevate the such other judgments as are now or may
record of the appealed case as if a timely and hereafter be declared to be immediately
proper appeal had been made. (§7) executory
- They shall be enforceable after their rendition
Rule 39 - Execution, Satisfaction And Effect and shall not be stayed by an appeal taken
Of Judgments therefrom, unless otherwise ordered by the
trial court.
Execution Upon Judgments/Final Orders (§1) - On appeal therefrom, the appellate court in
1. If no appeal has been duly perfected - its discretion may make an order suspending,
Execution shall issue as a matter of right, on modifying, restoring or granting the
motion, upon a judgment or order that injunction, receivership, accounting, or award
disposes of the action or proceeding upon the of support.
expiration of the period to appeal - The stay of execution shall be upon such
2. If appeal duly perfected and finally terms as to bond or otherwise as may be
resolved - execution may be applied for in considered proper for the security or
the court of origin, on motion of the protection of the rights of the adverse party.
judgment obligee, submitting certified true
copies of the judgment/s or final order or Effect Of Total/Partial Reversal Or
orders sought to be enforced and of the entry Annulment Of Executed Judgment (§5) —
thereof, with notice to the adverse party. Trial court may, on motion, issue such orders of
- Appellate court may, on motion in the restitution or reparation of damages as equity and
same case, when the interest of justice justice may warrant under the circumstances.
so requires, direct the court of origin to
issue the writ of execution. Issuance/Enforcement of Execution
1. In General (§6)
Discretionary Execution (§2) a. Within 5 years from the date of the
(a) Execution of a judgment or final order judgment’s entry – By motion
pending appeal— b. After 5 years and before being barred by
- How: On motion of the prevailing party the statute of limitations - By action.
with notice to the adverse party filed in - Applies to both final and revived
the trial court while it has jurisdiction judgments
over the case and is in possession of 2. In Case of Death of a Party (§7)
either the original record or the record on (a) Death of the judgment obligee - upon the
application of his executor or foregoing reliefs sought by the
administrator, or successor in interest. movant.
(b) Death of the judgment obligor – 4. Enforcement of Execution of Judgments
- Judgment for recovery of real or for Money (§9)
personal property, or enforcement of a) Immediate payment on demand.—The
a lien thereon - Against his executor officer shall demand from the judgment
or administrator or successor in obligor the immediate payment of the full
interest amount stated in the writ of execution
- After execution is actually levied and all lawful fees.
upon any of his property, the same - Form of payment: Cash, certified
may be sold for the satisfaction of bank check payable to the judgment
the judgment obligation, and the obligee, or any other form of
officer making the sale shall account payment acceptable to the latter
to the executor or administrator for - How to pay:
any surplus in his hands. o Judgment debt under proper
3. Writ of Execution (§8) – it shall: receipt and
(1) Issue in the name of the Republic of the ƒ Pay directly to the judgment
Philippines from the court which granted obligee or his authorized
the motion; representative if present at
(2) State the name of the court, the case the time of payment.
number and title, the dispositive part of ƒ If not present, deliver the
the subject judgment or order; and payment to the executing
(3) Require the sheriff or other proper officer sheriff who shall turn over all
to whom it is directed to enforce the writ amounts within the same
according to its terms, in this manner: day to the clerk of court of
(a) Execution against the property of the the court that issued the
judgment obligor - to satisfy the writ, or if not practicable,
judgment, with interest, out of the deposit them to a fiduciary
real or personal property of such account in the nearest
judgment obligor; government depository bank
(b) Against real or personal property in of the RTC of the locality.The
the hands of personal clerk shall arrange for the
representatives, heirs, devisees, remittance of the deposit to
legatees, tenants, or trustees of the the account of the court that
judgment obligor - to satisfy the issued the writ whose clerk
judgment, with interest, out of such of court shall then deliver
property; the payment to the
(c) For the sale of real or personal judgment obligee in
property - to sell such property, satisfaction of the judgment.
describing it, and apply the proceeds The excess, if any, shall be
in conformity with the judgment, the delivered to the judgment
material parts of which shall be obligor while the lawful fees
recited in the writ of execution; shall be retained by the clerk
(d) For the delivery of the possession of of court.
real or personal property - to deliver ƒ In no case shall the
possession of the same, describing it, executing sheriff demand
to the party entitled, and to satisfy that any payment by check
any costs, damages, rents, or profits be made payable to him.
covered by the judgment out of the o lawful fees
personal property of the person ƒ handed under proper receipt
against whom it was rendered, and if to the executing sheriff who
sufficient personal property cannot shall turn it over within the
be found, then out of the real same day to the clerk of
property; and court of the court that issued
(e) In all cases, the writ of execution the writ
shall specifically state the amount of b) Satisfaction by levy.—
the interest, costs, damages, rents, - When Applicable: If the judgment
or profits due as of the date of the obligor cannot pay all or part of the
issuance of the writ, aside from the obligation in cash, certified bank
principal obligation under the check or other mode of payment
judgment. The motion for execution acceptable to the judgment obligee,
shall specify the amounts of the - What Happens: the officer shall levy
upon the properties of the judgment in the name of the judgment obligee,
obligor of every kind and nature directly to the judgment obligee
which may be disposed of for value within 10 working days from service
and not otherwise exempt from of notice on said garnishee requiring
execution such delivery, except the lawful fees
o Judgment obligor has the option which shall be paid directly to the
to immediately choose which court.
property or part may be levied - If there are two or more garnishees
upon, sufficient to satisfy the holding deposits or credits sufficient
judgment. to satisfy the judgment, the
o If he does not exercise the judgment obligor, if available, shall
option, the officer shall first levy have the right to indicate the
on the personal properties, if garnishee or garnishees who shall be
any, and then on the real required to deliver the amount due;
properties if the personal otherwise, the choice shall be made
properties are insufficient to by the judgment obligee.
answer for the judgment. - The executing sheriff shall observe
- The sheriff shall sell only a sufficient the same procedure under paragraph
portion of the judgment obligor’s (a) with respect to delivery of
property which has been levied upon payment to the judgment obligee.
o When there is more property 5. Judgments For Specific Act (§10) —
than is sufficient to satisfy the a) Judgment Directs A Party To Execute A
judgment and lawful fees, he Conveyance Of Land Or Personal
must sell only so much of the Property, Or To Deliver Deeds Or Other
property as is sufficient to satisfy Documents, Or To Perform Any Other
the judgment and lawful fees. Specific Act In Connection Therewith
- Real property, stocks, shares, debts, - If the party fails to comply within the
credits, and other personal property, time specified, the court may direct
or any interest in either real or the act to be done at the cost of the
personal property, may be levied disobedient party by some other
upon in like manner and with like person appointed by the court and
effect as under a writ of attachment. the act when so done shall have like
c) Garnishment of debts and credits.— effect as if done by the party.
- What may be Levied Upon: Debts - If real or personal property is within
due the judgment obligor and other the Philippines, the court in lieu of
credits, including bank deposits, directing a conveyance thereof may
financial interests, royalties, by an order divest the title of any
commissions and other personal party and vest it in others, which
property not capable of manual shall have the force and effect of a
delivery in the possession or control conveyance executed in due form of
of third parties. law
- How Levy Made: By serving notice b) Judgment For The Sale Of Real Or
upon the person owing such debts or Personal Property - To sell such property,
having in his possession or control describing it, and apply the proceeds in
such credits to which the judgment conformity with the judgment.
obligor is entitled. c) Judgment for Delivery/Restitution of Real
- The garnishment shall cover only Property.—The officer shall demand the
such amount as will satisfy the losing party and all persons claiming
judgment and all lawful fees. rights under him to peaceably vacate the
- Garnishee’s Written Report: property within 3 working days, and
o Made to the court within 5 days restore possession thereof to the
from service of the notice of judgment obligee; otherwise, the officer
garnishment shall oust all such persons therefrom with
o State whether the judgment the assistance, if necessary, of
obligor has sufficient funds or appropriate peace officers, and
credits to satisfy the amount of employing such means as may be
the judgment. If not, state how reasonably necessary to retake
much funds or credits the possession, and place the judgment
garnishee holds for the judgment obligee in possession of such property.
obligor. - Costs, damages, rents or profits
- Deliver the garnished amount in awarded by the judgment shall be
cash, or certified bank check issued satisfied in the same manner as a
judgment for money. teachers, and other professionals, not
d) When the property subject of the exceeding P300,000 in value;
execution contains improvements (h) 1 fishing boat and accessories not exceeding
constructed or planted by the judgment the total value of P100,000 owned by a
obligor or his agent, the officer shall not fisherman and by the lawful use of which he
destroy, demolish or remove said earns his livelihood;
improvements except upon special order (i) His salaries, wages, or earnings for his
of the court, issued upon motion of the personal services within the 4 months
judgment obligee after due hearing and preceding the levy as are necessary for the
after the former has failed to remove the support of his family;
same within a reasonable time fixed by (j) Lettered gravestones;
the court. (k) Monies, benefits, privileges, or annuities
e) Judgment for Delivery of personal accruing or in any manner growing out of any
property— The officer shall take life insurance;
possession of the same and deliver it to (l) The right to receive legal support, or money
the party entitled thereto and satisfy any or property obtained as such support, or any
judgment for money as therein provided. pension or gratuity from the Government;
6. Execution Of Special Judgments (§11) (m) Properties specially exempted by law.
- Applies: Judgment requires the - Exemption does not apply to an execution
performance of any act other than those issued upon a judgment recovered for its
mentioned in the two preceding sections price or upon a judgment of foreclosure of a
- What Happens: a certified copy of the mortgage thereon
judgment shall be attached to the writ of
execution and shall be served by the Return of Writ of Execution (§14)
officer upon the party against whom the 1. After Judgment Satisfied In Part Or In Full -
same is rendered, or upon any other Writ returnable to the court issuing it
person required thereby, or by law, to immediately
obey the same 2. If Judgment Cannot Be Satisfied In Full
o such party or person may be Within 30 Days After His Receipt Of The Writ
punished for contempt if he disobeys - Officer shall report to the court and state
such judgment the reason.
- Writ shall continue in effect during the
Effect Of Levy On Execution As To Third period within which the judgment may be
Persons (§12) — It shall create a lien in favor of enforced by motion.
the judgment obligee over the right, title and - Officer shall make a report to the court
interest of the judgment obligor in such property every 30 days on the proceedings taken
at the time of the levy, subject to liens and thereon until the judgment is satisfied in
encumbrances then existing. full, or its effectivity expires.
- The returns or periodic reports shall set
Property Exempt From Execution (§13) forth the whole of the proceedings taken,
(except as otherwise expressly provided by law) and shall be filed with the court and
(a) Judgment obligor’s family home or the copies promptly furnished the parties.
homestead in which he resides, and land
necessarily used in connection therewith; Notice Of Sale Of Property On Execution
(b) Ordinary tools and implements personally (§15) – Necessary before sale:
used by him in his trade, employment, or (a) For Perishable Property – Post a written
livelihood; notice of the time and place of the sale in 3
(c) 3 horses, or 3 cows, or 3 carabaos, or other public places (preferably in conspicuous areas
beasts of burden, such as he may select of the municipal or city hall, post office and
necessarily used by him in his ordinary public market) in the municipality or city
occupation; where the sale is to take place, for such time
(d) His necessary clothing and articles for as may be reasonable, considering the
ordinary personal use, excluding jewelry; character and condition of the property;
(e) Household furniture and utensils necessary (b) For Other Personal Property - Posting a
for house-keeping, and used for that purpose similar notice in the 3 public places
by him and his family, such as the he may abovementioned for not less than 5 days;
select, of a value not exceeding P100,000; (c) For Real Property – Post for 20 days in the
(f) Provisions for individual or family use said 3 public places a similar notice
sufficient for 4 months; particularly describing the property and
(g) The professional libraries and equipment of stating where the property is to be sold
judges, lawyers, physicians, pharmacists, - if the property’s assessed value exceeds
dentists, engineers, surveyors, clergymen, P50,000, publish a copy of the notice
once a week for 2 consecutive weeks in - unless the judgment obligee, on
one newspaper selected by raffle, demand of the officer, files a bond
whether in English, Filipino, or any major approved by the court to indemnify
regional language published, edited and the third-party claimant in a sum not
circulated or, in the absence thereof, less than the value of the property
having general circulation in the province levied on
or city; o In case of disagreement as to
(d) For All – Give written notice to the judgment such value, court issuing the writ
obligor at least 3 days before the sale, except of execution will determine
as provided in paragraph (a) hereof where o No claim for damages for the
notice shall be given at any time before the taking or keeping of the property
sale, in the same manner as personal service may be enforced against the
of pleadings and other papers bond unless the action therefor is
- The notice shall specify the: filed within 120 days from the
o place, date of the filing of the bond.
- May be agreed upon by the - Officer not be liable for damages for the
parties taking or keeping of the property, to any
- If no agreement: third-party claimant if bond is filed.
o Sale Of Real Property Or o Claimant or any third person not
Personal Property Not prevented from vindicating his claim
Capable Of Manual Delivery - to the property in a separate action
held in the office of the clerk o Judgment obligee not prevented from
of court of the RTC or the claiming damages in the same or a
Municipal TC which issued separate action against a third-party
the writ or which was claimant who filed a frivolous or
designated by the appellate plainly spurious claim.
court C. Writ of Execution in Favor of the
o Personal Property Capable Of Republic or Officer Representing It
Manual Delivery - where the - Bond not required
property is located - If the sheriff or levying officer is sued for
o date and damages as a result of the levy, he shall
o exact time of the sale be represented by the Solicitor General
- not earlier than 9am nor later and if held liable, the actual damages
than 2pm adjudged by the court shall be paid by
(e) Penalty for selling without notice, or the National Treasurer out of such funds
removing or defacing notice (§17) as may be appropriated for the purpose.
- Officer Selling Without Notice: pay
punitive damages of P5,000 to person How Property Sold on Execution
injured, in addition to his actual 1. If before the sale of property on execution,
damages, both to be recovered by motion the judgment obligor pays the amount
in the same action required by the execution and costs, the sale
- Person Willfully Removing Or Defacing does not push through. (§18)
Notice Posted - if done before the sale, or 2. How Sale is Conducted
before the satisfaction of the judgment if a. At public auction, to the highest bidder,
it be satisfied before the sale, pay P5,000 to start at the exact time in the notice.
to person injured, in addition to his actual b. Only sell sufficient property to satisfy the
damages, to be recovered by motion in execution. Promptly deliver excess pro-
the same action perty or proceeds to the judgment obligor
or his authorized representative, unless
Where Property Claimed By 3rd Person (§16) otherwise directed by the judgment or
A. Requisites: order of the court.
1. Property levied is claimed by any person c. In sale of real property consisting of
other than the judgment obligor or his several known lots, sell them separately;
agent, and or, when a portion of such real property
2. Person makes an affidavit of his title or is claimed by a third person, he may
right to the possession, stating the require it to be sold separately.
grounds of such right or title, and d. In the sale of personal property capable
3. Serves it upon the officer making the levy of manual delivery, sell it within view of
and a copy on the judgment obligee those attending and in such parcels as
B. What Happens: are likely to bring the highest price.
- Officer shall not be bound to keep the e. The judgment obligor, if present at the
property sale, may direct the order in which
property, real or personal, shall be sold, 3. Of Real Property - Upon sale, officer must
when such property consists of several give to the purchaser a certificate of sale
known lots or parcels which can be sold containing:
to advantage separately. (1) particular description of the real property
f. The officer conducting the sale or his sold;
deputies cannot become a purchaser, nor (2) price paid for each distinct lot or parcel;
be interested directly or indirectly in any (3) whole price paid by him;
purchase at such sale. (§19) (4) statement that the right of redemption
g. The officer may adjourn the sale to any expires 1 year from the date of the
date and time agreed upon by the parties registration of the certificate of sale.
in writing. - Register certificate in the registry of
- Without such agreement, he may deeds where the property is situated
adjourn the sale from day to day if it (§25)
becomes necessary to do so for lack 4. If Property Claimed by Third Person -
of time to complete the sale on the Certificate of sale shall mention expressly the
day fixed in the notice or the day to existence of such third-party claim.(§26)
which it was adjourned. (§22)
3. If a purchaser refuses to pay the amount he Redemption of Property
bid for property struck off to him at a sale A. Who may Redeem Real Property Sold
under execution, the officer may again sell (§27)
the property to the highest bidder and shall 1. Judgment obligor, or his successor in
not be responsible for any loss occasioned interest in the whole or any part of the
thereby property;
- Court may order the purchaser to pay to 2. Redemptioner - A creditor having a lien
the court the amount of such loss, with by virtue of an attachment, judgment or
costs, and may punish him for contempt mortgage on the property sold, or on
if he disobeys the order some part thereof, subsequent to the lien
- Amount of payment: for the benefit of under which the property was sold
the person entitled to the proceeds of the B. Time and Manner
execution, unless the execution has been - Time: Within 1 year from the registration
fully satisfied, in which event such of the certificate of sale (§28)
proceeds shall be for the benefit of the - Manner: Pay purchaser the amount of his
judgment obligor. purchase, with 1% per month interest
- The officer may thereafter reject any thereon in addition, up to the time of
subsequent bid of such purchaser who redemption, and any assessments or
refuses to pay. (§20) taxes which purchaser may have paid
4. When the purchaser is the judgment obligee, thereon after purchase, and interest
and no third-party claim has been filed: thereon at the same rate;
a. Bid Price Does Not Exceed Judgment: No o If the purchaser is a creditor having a
need to pay the bid prior lien that of the redemptioner,
b. Exceeds: pay only excess (§21) other than the judgment under which
such purchase was made - amount of
Conveyance to Purchaser such other lien, with interest (§28)
1. Of Personal Property Capable Of Manual o Payments may be made to the
Delivery - When the purchaser pays the purchaser or redemptioner, or for
purchase price, the officer making the sale him to the officer who made the sale
must deliver the property to the purchaser (§29)
and, if desired, execute and deliver to him a - Proof Required: Must be produced to the
certificate of sale. officer, or person from whom he seeks to
- Sale conveys to the purchaser all rights redeem, and serve with his notice to the
the judgment obligor had in the property officer
as of the date of the levy on execution or o Copy of the judgment or final order
preliminary attachment (§23) under which he claims the right to
2. Of Personal Property Not Capable Of redeem, certified by the clerk of the
Manual Delivery — When the purchaser court wherein the judgment or final
pays the purchase price, the officer must order is entered; or,
execute and deliver to him a certificate of o If he redeems upon a mortgage or
sale other lien, a memorandum of the
- Certificate conveys to purchaser all rights record thereof, certified by the
the judgment obligor had in the property registrar of deeds; or an original or
as of the date of the levy on execution or certified copy of any assignment
preliminary attachment. (§24) necessary to establish his claim; and
an affidavit executed by him or his of the property at the time of the
agent, showing the amount then sale, or entitled to possession
actually due on the lien. (§30) afterwards, during the period allowed
C. Redemption of Redeemed Property (§28) for redemption to:
- When: Within 60 days after the last o continue to use it in the same
redemption manner in which it was
- How Much: Pay: previously used; or
o sum paid on the last redemption o use it in the ordinary course of
o with 2% in addition husbandry; or
o any assessments or taxes the last o make the necessary repairs to
redemptioner paid thereon after his buildings while he occupies the
redemption, with interests property (§31)
o amount of any liens held by the last - Purchaser or a redemptioner not entitled
redemptioner prior to his own, with to receive rents, earnings and income of
interest the property, or the value of the use and
- Property may be again, and as often as a occupation thereof when such property is
redemptioner is so disposed, redeemed in the possession of a tenant.
from any previous redemptioner - Rents, earnings and income from the
- Written Notice of Redemption: property pending redemption belongs to
o Give to the officer who made the sale the judgment obligor until the expiration
o File duplicate with the registry of of his period of redemption (§32)
deeds of the place F. Expiration of Redemption Period (§33)
o If any assessments or taxes are paid - Redemption Period: 1 year from the
by the redemptioner or if he has or registration of the certificate of sale
acquires any lien other than that o In all cases the judgment obligor
upon which the redemption was shall have the entire period of 1 year
made, give notice to the officer and from the date of the registration of
filed with the registry of deeds; the sale to redeem the property.
ƒ if notice is not filed, the property - Effect of Failure to Redeem: Purchaser is
may be redeemed without paying entitled to a conveyance and possession
such assessments, taxes, or liens of the property;
D. Redemption by Judgment Obligor (§29) o if redeemed but 60 days have
- How Much: same payments as are elapsed and no other redemption has
required to effect a redemption by a been made, and notice thereof given,
redemptioner and the time for redemption has
- Effect: No further redemption shall be expired, the last redemptioner is
allowed and he is restored to his estate. entitled to the conveyance and
- Certificate of Redemption: The person to possession
whom the redemption payment is made ƒ The purchaser or redemptioner
must execute and deliver this to him shall be substituted to and
acknowledged before a notary public or acquire all the rights, title,
other officer authorized to take interest and claim of the
acknowledgments of conveyances of real judgment obligor to the property
property. as of the time of the levy.
o File and record in the registry of ƒ The possession of the property
deeds of the place where the shall be given to the purchaser
property is or last redemptioner by the
o Registrar of deeds must note the officer unless a third party is
record thereof on the margin of the actually holding the property
record of the certificate of sale. adversely to the judgment
o Payments may be made to the obligor
purchaser or redemptioner, or for - The deed shall be executed by the officer
him to the officer who made the sale making the sale or by his successor in
E. Premises Pending Redemption office, and in the latter case shall have
- Use: Until the expiration of the time the same validity as though the officer
allowed for redemption, the court may, making the sale had continued in office
as in other proper cases, restrain the and executed it.
commission of waste on the property by
injunction, on the application of the Ineffective Sales (§34)
purchaser or the judgment obligee, with - When: The purchaser of real property sold on
or without notice; execution, or his successor in interest, fails to
o Not waste for a person in possession recover the possession thereof, or is evicted
therefrom because: required to appear before a court or
o of irregularities in the proceedings commissioner outside the province or
concerning the sale, or city in which he resides or is found
o the judgment has been reserved or set 2. Of Obligor Of Judgment Obligor (§37)
aside, or - When Applicable:
o the property sold was exempt from o Return of the writ of execution
execution, or against the property of a judgment
o a third person has vindicated his claim to obligor shows that the judgment
the property remains unsatisfied, in whole or in
- Remedies: He may on motion part and
o In the same or separate action recover o Proof to the satisfaction of the court
from the judgment obligee the price paid, which issued the writ, that a person,
with interest, or so much thereof as has corporation, or other juridical entity
not been delivered to the judgment has property of such judgment
obligor; or obligor or is indebted to him,
o Have the original judgment revived in his - Remedy: Court may, by an order, require
name for the whole price with interest, or such person, corporation, or other
so much thereof as has been delivered to juridical entity, or any officer or member
the judgment obligor. thereof, to appear before the court or a
ƒ Judgment revived with the same commissioner appointed by it, at a time
force and effect as an original and place within the province or city
judgment would have as of the date where such debtor resides or is found,
of the revival and no more and be examined concerning the same.
- Service of Order: Binds all credits due the
Contribution or Reimbursement (§35) judgment obligor and all money and
- When property liable to an execution against property of the judgment obligor in the
several persons is sold, and more than a due possession or in the control of such
proportion of the judgment is satisfied out of person, corporation, or juridical entity
the proceeds of the sale of the property of from the time of service
one of them, or one of them pays, without a o The court may also require notice of
sale, more than his proportion, he may such proceedings to be given to any
compel a contribution from the others party to the action in such manner as
- When a judgment is upon an obligation of it may deem proper
one of them, as security for another, and the 3. Enforcement Of Attendance And Conduct
surety pays the amount, or any part thereof, Of Examination (§38)
either by sale of his property or before sale, - A party or other person may be
he may compel repayment from the principal compelled, by an order or subpoena, to
attend before the court or commissioner
Examination to testify
1. Of Judgment Obligor When Judgment - Upon failure to obey such order or
Unsatisfied (§36) subpoena or to be sworn, or to answer as
- When Applicable: Return of a writ of a witness or to subscribe his deposition,
execution against property of a judgment he may be punished for contempt.
obligor, or any one of several obligors in - Examinations shall not be unduly
the same judgment, shows that the prolonged, but the proceedings may be
judgment remains unsatisfied, in whole adjourned from time to time, until they
or in part are completed.
- Remedy: Judgment obligee, at any time - If the examination is before a
after return is made, is entitled to an commissioner, he must take it in writing
order from the court which rendered the and certify it to the court.
said judgment, requiring such judgment - All examinations and answers before a
obligor to appear and be examined court or commissioner must be under
concerning his property and income oath, and when a corporation or other
before such court or before a juridical entity answers, it must be on the
commissioner appointed by it, at a oath of an authorized officer or agent
specified time and place thereof.
o Proceedings may be had for the
application of the property and Obligor May Pay Execution Against Obligee
income of the judgment obligor (§39) — After a writ of execution against property
towards the satisfactions of the has been issued, a person indebted to the
judgment judgment obligor may pay to the sheriff holding
o No judgment obligor shall be the writ of execution the amount of his debt or so
much thereof as may be necessary to satisfy the any time by the court, which issued it, or by
judgment, in the manner prescribed in §9 the court in which the action is brought, upon
- the sheriffs receipt shall be a sufficient such terms as may be just. (45a)
discharge for the amount paid or directed to
be credited by the judgment obligee on the Entry of Satisfaction of Judgment
execution 1. Entered by the clerk of court in the court
docket, and in the execution book
Application of Property and Income to - When:
Satisfy Judgment (as ordered by the court) - upon the return of a writ of execution
o Property – owned by the judgment obligor, showing the full satisfaction of the
or money due him, not exempt from judgment, or
execution, in the hands of either himself or - upon the filing of an admission to the
another person, or of a corporation or other satisfaction of the judgment executed
juridical entity, subject to any prior rights and acknowledged in the same
over such property manner as a conveyance of real
o Income – court may order he pay in fixed property by the judgment obligee or
monthly installments if, upon investigation of by his counsel unless a revocation of
his current income and expenses, the his authority is filed, or
earnings of the judgment obligor for his - upon the endorsement of such
personal services are more than necessary admission by the judgment obligee
for the support of his family or his counsel on the face of the
ƒ upon his failure to pay any such record of the judgment. (§44)
installment when due without good 2. Whenever a judgment is satisfied in fact, or
excuse, court may punish him for indirect otherwise than upon an execution, on
contempt (§40) demand of the judgment obligor, the
judgment obligee or his counsel must execute
Restrictions on Property (§41): The court may and acknowledge, or indorse, an admission of
- appoint a receiver for judgment obligor’s the satisfaction as provided in the last
property preceding section
- forbid a transfer or other disposition of, or - after notice and upon motion the court
any interference with, the property of the may order either the judgment obligee or
judgment obligor not exempt from execution his counsel to do so, or may order the
entry of satisfaction to be made without
Sale Of Ascertainable Interest Of Judgment such admission. (§45)
Obligor In Real Estate (§42) — If the judgment
obligor has an interest in real estate in the place Principal Bound by Judgment Against Surety
in which proceedings are had, and his interest can - When a judgment is rendered against a surety
be ascertained without controversy, the receiver for another, the latter is also bound from the time
may be ordered to sell and convey such real that he has notice of the action or proceeding,
estate or the interest of the obligor therein; and an opportunity at the surety’s request to join
- such sale shall be conducted in the same in the defense. (§46)
manner as for the sale of real estate upon
execution Effect Of Judgments Or Final Orders
- the proceedings shall be approved by the 1. Rendered by a Philippine Court (§47)
court before the execution of the deed (1) Judgment Or Final Order Against A
Specific Thing, Or In Respect To The
Proceedings When Indebtedness Denied Or Probate Of A Will, Or The Administration
Another Person Claims The Property (§43) Of The Estate Of A Deceased Person, Or
- Applies When: A person or corporation, In Respect To The Personal, Political, Or
alleged to have property of the judgment Legal Condition Or Status Of A Particular
obligor or to be indebted to him, claims an Person Or His Relationship To Another - it
interest in the property adverse to him or is conclusive upon the title to the thing,
denies the debt, the court may authorize, by the will or administration, or the
an order made to that effect, the judgment condition, status or relationship of the
obligee to institute an action against such person
person or corporation for the recovery of such - the probate of a will or granting of
interest or debt, forbid a transfer or other letters of administration shall only be
disposition of such interest or debt within 120 prima facie evidence of the death of
days from notice of the order, and may the testator or intestate
punish disobedience of such order as for (2) Other Cases - With respect to the matter
contempt. directly adjudged or as to any other
- Such order may be modified or vacated at matter that could have been raised in
relation thereto, it is conclusive between special proceedings and in other cases of
the parties and their successors in multiple or separate appeals.
interest by title subsequent to the • Form and contents of the record on
commencement of the action or special appeal = in §6, Rule 41 (§3)
proceeding, litigating for the same thing - The perfection of the appeal and the
and under the same title and in the same effect thereof shall be governed by §9,
capacity Rule 41. (§)
(3) Other Litigation Between The Same (2) Serve copies of the notice of appeal, and the
Parties Of Their Successors In Interest - record on appeal where required, on the
that only is deemed to have been adverse party. (§3)
adjudged in a former judgment or final (3) Within the period for taking an appeal, the
order which appears upon its face to appellant shall pay to the clerk of the MTC
have been so adjudged, or which was which rendered the judgment or final order
actually and necessarily included therein appealed from the full amount of the
or necessary thereto. appellate court docket and other lawful fees.
2. Rendered by a Foreign Court (§48) - Transmit proof of payment to the
(a) Judgment Or Final Order Upon A Specific appellate court together with the original
Thing – it is conclusive upon the title of record or the record on appeal, as the
the thing; and case may be. (§5)
(b) Judgment Or Final Order Against A (4) Within 15 days from the perfection of the
Person – it is presumptive evidence of a appeal, the clerk of court or the branch clerk
right as between the parties and their of court of the MTC shall transmit the original
successors in interest by a subsequent record or the record on appeal, together with
title the transcripts and exhibits, which he shall
- In either case, the judgment or final certify as complete, to the proper RTC.
order may be repelled by evidence of a - Parties shall be furnished with a copy of
want of jurisdiction, want of notice to the his letter of transmittal of the records to
party, collusion, fraud, or clear mistake the appellate court. (§6)
of law or fact (5) Upon receipt of the complete record or the
record on appeal, the clerk of court of the
Rule 40 - Appeal From MTC To The RTC RTC shall notify the parties of such fact (§7)
(6) Within 15 days from notice, the appellant
Where To Appeal (§1) — To the RTC exercising shall submit a memorandum which briefly
jurisdiction over the area to which the MTC discuss the errors imputed to the MTC (§7)
pertains - Failure to do so a ground for dismissing
- The title of the case shall remain as it was in the appeal
the MTC, but the party appealing the case (7) Appellant furnishes a copy of his
shall be referred to as the appellant and the memorandum to the adverse party (§7)
adverse party as the appellee (8) Within 15 days from receipt of the appellant’s
memorandum, the appellee may file his
When To Appeal (§2) — Within 15 days after memorandum. (§7)
notice to the appellant of the judgment or final (9) Upon the filing of the memorandum of the
order appealed from. appellee, or the expiration of the period to do
- Where a record on appeal is required, file a so, the case shall be considered submitted for
notice of appeal and a record on appeal decision. The RTC shall decide the case on
within 30 days after notice of the judgment or the basis of the entire record of the
final order. proceedings had in the court of origin and
- The period shall be interrupted by a timely such memoranda as are filed. (§7)
motion for new trial or reconsideration.
- No motion for extension of time to file a Appeal From Orders Dismissing Case
motion for new trial or reconsideration shall Without Trial or Lack of Jurisdiction (§8)
be allowed. - If dismissed without trial on the merits, the
RTC may affirm or reverse
Appeals Process 1. If affirmed and the ground of dismissal is
(1) File a notice of appeal with the MTC that lack of jurisdiction over the subject
rendered the judgment or final order matter, the RTC, if it has jurisdiction,
appealed from shall try the case on the merits as if the
- Indicate the parties to the appeal, the case was originally filed with it.
judgment or final order or part thereof 2. If reversed, the case shall be remanded
appealed from, and the material dates for further proceedings.
showing the timeliness of the appeal. - If the case was tried on the merits by the
- Record on appeal is required only in MTC without jurisdiction over the subject
matter, the RTC on appeal shall not dismiss Period of Appeal (§3)
the case if it has original jurisdiction thereof, a. Ordinary Appeal - within 15 days from
but shall decide the case in accordance with notice of the judgment or final order
the preceding section, without prejudice to - Where a record on appeal is required, file
the admission of amended pleadings and a notice of appeal and a record on appeal
additional evidence in the interest of justice. within 30 days from notice of the
- Other provisions of Rule 41 shall apply to judgment or final order
appeals provided for herein insofar as they b. Habeas Corpus cases - within 48 hours
are not inconsistent with or may serve to from notice of the judgment or final order
supplement the provisions of this Rule. (§9) c. Interruption - period of appeal shall be
interrupted by a timely motion for new trial or
Rule 41- Appeal From The RTCs reconsideration.
- No motion for extension of time to file a
Subject Of Appeal (§1) — Judgment or final motion for new trial or reconsideration
order that completely disposes of the case, or of a shall be allowed
particular matter therein when declared by these
Rules to be appealable Procedure
(1) Appellant pays the clerk of the court which
When Appeal Not Allowed (§1) – Remedy: File rendered the judgment or final order
an appropriate special civil action under Rule 65 appealed from the full amount of the
1. Order denying a motion for new trial or appellate court docket and other lawful fees
reconsideration; within the period for taking an appeal
2. Order denying a petition for relief or any - Proof of payment transmitted to the
similar motion seeking relief from judgment appellate court together with the original
3. Interlocutory order; record or the record on appeal (§4)
4. Order disallowing or dismissing an appeal; (2) Prior to the transmittal of the original record
5. Order denying a motion to set aside a or the record on appeal, the court may issue
judgment by consent, confession or orders for the protection and preservation of
compromise on the ground of fraud, mistake the rights of the parties which do not involve
or duress, or any other ground vitiating any matter litigated by the appeal, approve
consent; compromises, permit appeals of indigent
6. Order of execution; litigants, order execution pending appeal in
7. Judgment or final order for or against one or accordance with §2 of Rule 39, and allow
more of several parties or in separate claims, withdrawal of the appeal. (§9)
counterclaims, cross-claims and third-party (3) Within 30 days after perfection of the appeal,
complaints, while the main case is pending, the clerk of court of the lower court shall:
unless the court allows an appeal therefrom; (a) Verify the correctness of the original
8. Order dismissing an action without prejudice. record or the record on appeal, as the
case may be, and to make a certification
Modes Of Appeal (§2) of its correctness;
(a) Ordinary Appeal — (appeal to CA) (b) Verify the completeness of the records
- Applies to cases decided by the RTC in that will be transmitted to the appellate
the exercise of its original jurisdiction court;
- File a notice of appeal with the RTC which (c) If found to be incomplete, take such
rendered the judgment or final order measures as required to complete the
appealed from records, availing of the authority that he
- Serve a copy thereof upon the adverse or the court may exercise for this
party purpose; and
- No record on appeal shall be required (d) Transmit the records to the appellate
except in special proceedings and other court.
cases of multiple or separate appeals (e) If the efforts to complete the records fail,
where the law or these Rules so require. indicate in his letter of transmittal the
In such cases, the record -on appeal shall exhibits or transcripts not included in the
be filed and served in like manner records being transmitted to the
(b) Petition For Review — Applies to cases appellate court, the reasons for their
decided by the RTC in its appellate non-transmittal, and the steps taken or
jurisdiction in accordance with Rule 42 that could be taken to have them
(appeal to the CA) available.
(c) Appeal By Certiorari — Where only - The clerk shall furnish the parties with
questions of law are raised or involved, copies of his letter of transmittal of the
appeal to the SC in accordance with Rule 45 records to the appellate court. (§10)
(4) Upon the perfection of the appeal, the clerk
shall immediately direct the stenographers pages must contain a subject index.
concerned to attach to the record of the case 2. Contents –
5 copies of the transcripts of the testimonial a. Judgment or final order from which the
evidence referred to in the record on appeal. appeal is taken
- The stenographers shall transcribe such b. In chronological order, copies of only
testimonial evidence and shall prepare such pleadings, petitions, motions and all
and affix to their transcripts an index interlocutory orders related to the
containing the names of the witnesses appealed judgment or final order for the
and the pages wherein their testimonies proper understanding of the issue,
are found, and a list of the exhibits and together with such data as will show that
the pages wherein each of them appears the appeal was perfected on time.
to have been offered and admitted or c. If an issue of fact is to be raised on
rejected by the trial court. appeal, include by reference all the
- The transcripts shall be transmitted to evidence, testimonial and documentary,
the clerk of the trial court who shall taken upon the issue involved.
arrange the same in the order in which - The reference shall specify the
the witnesses testified at the trial, and documentary evidence by the exhibit
cause the pages to be numbered numbers or letters by which it was
consecutively (§11) identified when admitted or offered
(5) The clerk of the trial court shall transmit to at the hearing, and the testimonial
the appellate court the original record or the evidence by the names of the
approved record on appeal within 30 days corresponding witnesses.
from the perfection of the appeal with: - If the whole testimonial and
- proof of payment of the appellate court documentary evidence in the case is
docket and other lawful fees, to be included, a statement to that
- a certified true copy of the minutes of the effect will be sufficient without
proceedings, mentioning the names of the
- the order of approval, witnesses or the numbers or letters
- the certificate of correctness, of exhibits. (§6)
- the original documentary evidence 3. Court’s Action— Upon the filing of the
referred to therein, and record on appeal for approval and if no
- the original and 3 copies of the objection is filed by the appellee within 5
transcripts. days from receipt of a copy, trial court may:
Copies of the transcripts and certified true - Approve it as presented or
copies of the documentary evidence shall - Upon its own motion or at the instance of
remain in the lower court for the examination the appellee, direct its amendment by the
of the parties. (§12) inclusion of any omitted matters which
(6) Prior to the transmittal of the original record are essential to the determination of the
or the record on appeal to the appellate issue of law or fact involved in the appeal
court, the trial court may motu proprio or on • If the court orders amendment, the
motion dismiss the appeal for: appellant, within the time limited in
(a) having been taken out of time, or the order, or such extension as may
(b) for non-payment of the docket and other be granted, or if no time is fixed by
lawful fees within the reglementary the order within 10 days from receipt
period. (§13) thereof, shall redraft the record by
including therein, in their proper
Notice of Appeal (§5) – Indicate the parties to chronological sequence, such
the appeal, the judgment or final order or part additional matters as the court may
thereof appealed from, the court to which the have directed him to incorporate, and
appeal is being taken, and the material dates shall submit the redrafted record for
showing the timeliness of the appeal. approval, upon notice to the
- Deemed perfected as to a party upon the appellee, in like manner as the
filing of the notice of appeal in due time (§9) original draft. (§7)
- Court loses jurisdiction over the case upon 4. Joint Record On Appeal— May be filed
the perfection of the appeals filed in due time where both parties are appellants
and the expiration of the time to appeal of - Period: the time fixed by §3, or that fixed
the other parties (§9) by the court. (§8)
5. Perfection of Appeal – upon the approval of
Record on Appeal the record on appeal filed in due time
1. Form – State the full names of all the parties - Court loses jurisdiction only over the
to the proceedings in the caption subject matter thereof upon the approval
- Every record on appeal exceeding 20 of the records on appeal filed in due time
and the expiration of the time to appeal Court Action (§4-6)
of the other parties (§9) 1. Require respondent to file a comment on the
petition, not a motion to dismiss, within 10
Rule 42 - Petition For Review From days from notice or
The RTCs To The CAs - Comment:
- filed in 7 legible copies
How to Appeal (§1) - accompanied by certified true copies
a. File a verified petition for review with the CA of such material portions of the
b. Pay at the same time to the clerk of said record referred to therein together
court the corresponding docket and other with other supporting papers
lawful fees - state whether or not he accepts the
c. Deposit P500.00 for costs statement of matters involved in the
d. Furnishing the RTC and the adverse party petition;
with a copy of the petition - point out insufficiencies or
Note: inaccuracies as he believes exist in
- File and serve petition within 15 days from petitioner’s statement of matters
notice of the decision sought to be reviewed involved but without repetition
or of the denial of petitioner’s motion for new - state the reasons why the petition
trial or reconsideration filed in due time after should not be given due course.
judgment - A copy shall be served on the
- Upon proper motion and the payment of the petitioner.
full amount of the docket and other lawful 2. Dismiss the petition if it is patently without
fees and the deposit for costs before the merit, prosecuted manifestly for delay, or
expiration of the reglementary period, the CA that the questions raised therein are too
may grant an additional 15 days only within unsubstantial to require consideration.
which to file the petition for review. 3. Give due course to the petition if upon the
- No further extension shall be granted filing of the comment or other pleadings as
except for the most compelling reason the court may allow or require, or after the
and in no case to exceed 15 days expiration of the period for the filing without
them having been submitted, the CA finds
Form and Contents (§7) prima facie that the RTC committed an error
1. Form: File petition in 7 legible copies, with of fact or law that will warrant a reversal or
the original copy intended for the court being modification of the appealed decision
indicated as such by the petitioner
2. Contents: Elevation Of Record (§7) —Whenever the CA
a) Full names of the parties, without deems it necessary, it may order the RTC clerk of
impleading the lower courts or judges court to elevate the original record of the case
either as petitioners or respondents; including the oral and documentary evidence
b) Specific material dates showing that it within 15 days from notice.
was filed on time
c) A concise statement of the maters Perfection of Appeal (§8)
involved, the issues raised, the 1. When Perfected as to Petitioner - Upon
specification of errors of fact or law, or the timely filing of a petition for review and
both, allegedly committed by the RTC, the payment of the corresponding docket and
and the reasons or arguments relied other lawful fees
upon for the allowance of the appeal; 2. Effect - RTC loses jurisdiction over the case
d) Clearly legible duplicate originals or true - Before the CA gives due course to the
copies of the judgments or final orders of petition, the RTC may:
both lower courts, certified correct by the - issue orders for the protection and
clerk of court of the RTC, the requisite preservation of the rights of the
number of plain copies thereof and of the parties which do not involve any
pleadings and other material portions of matter litigated by the appeal,
the record as would support the - approve compromises,
allegations of the petition. - permit appeals of indigent litigants,
e) Certificate of Non-forum Shopping - order execution pending appeal in
accordance with §2 of Rule 39, and
Effect of failure to comply with requirements - allow withdrawal of the appeal.
(payment of the docket and other lawful fees, the - Except in civil cases decided under the
deposit for costs, proof of service of the petition, Rule on Summary Procedure, the appeal
and the contents of and the documents which shall stay the judgment or final order
should accompany the petition) - Dismissal (§3) unless the CA, the law, or these Rules
shall provide otherwise.
within 15 days from notice of the denial.
Submission for Decision - If the petition is (3) Within 15 days from notice that the petition
given due course, the CA may set the case for has been given due course, the CA may
oral argument or require the parties to submit require the agency concerned to transmit the
memoranda within 15 days from notice. original or a legible certified true copy of the
- The case shall be deemed submitted for entire record of the proceeding under review.
decision upon the filing of the last pleading or - The record to be transmitted may be
memorandum required by these Rules or by abridged by agreement of all parties to
the court itself. (§9) the proceeding.
- The CA may require or permit subsequent
Rule 43 - Appeals From Quasi-Judicial correction of or addition to the record.
Agencies To The CA (4) If the petition is given due course, the CA
may set the case for oral argument or require
Scope — Applies only to appeals from awards, the parties to submit memoranda within 15
judgments, final orders or resolutions of or days from notice.
authorized by any quasi-judicial agency in the - The case shall be deemed submitted for
exercise of its quasi-judicial functions (§1) decision upon the filing of the last
- Note: CTA cases are appealable only to the pleading or memorandum required by
SC (RA 9282, §11) these Rules or by the CA
- Rule does not apply to judgments or final
orders issued under the Labor Code (§2) Contents of the Petition for Review (§6)
(a) Full names of the parties to the case, without
Where to Appeal – to the CA, whether the impleading the court or agencies either as
appeal involves questions of fact, of law, or mixed petitioners or respondents;
questions of fact and law (§3) (b) Concise statement of the facts and issues
involved and the grounds relied upon for the
Period of Appeal — within 15 days from notice review;
of the award, judgment, final order or resolution, (c) Clearly legible duplicate original or a certified
or from the date of its last publication, if true copy of the award, judgment, final order
publication is required by law for its effectivity, or or resolution appealed from, with certified
of the denial of petitioner’s motion for new trial or true copies of such material portions of the
reconsideration duly filed in accordance with the record referred to therein and other
governing law of the court or agency a quo. supporting papers; and
- Only 1 motion for reconsideration allowed (d) A sworn certification against forum shopping
- Upon proper motion and the payment of the (e) The specific material dates showing that it
full amount of the docket fee before the was filed within the period fixed herein.
expiration of the reglementary period, the CA
may grant an additional 15 days only within Effect Of Failure To Comply With
which to file the petition for review. Requirements (payment of the docket and other
- No further extension except for the most lawful fees, the deposit for costs, proof of service
compelling reason and in no case to of the petition, and contents of and the
exceed 15 days documents which should accompany the petition)
- Dismissal (§7)
Procedure for Appeal (§5, 10, 13)
(1) File a verified petition for review in 7 legible Court Action (§8-9) – It may:
copies with the CA, with proof of service of a 1. Require respondent to file a comment on the
copy on the adverse party and on the court or petition, not a motion to dismiss, within 10
agency a quo. days from notice
- The original copy of the petition intended - File comment within 10 days from notice
for the CA shall be indicated as such by in 7 legible copies and accompanied by
the petitioner. clearly legible certified true copies of such
(2) Pay to the clerk of court of the CA the material portions of the record referred to
docketing and other lawful fees and deposit together with other supporting papers.
P500.00 for costs. - The comment shall (a) point out
- Exemption from payment of docketing insufficiencies or inaccuracies in
and other lawful fees and the deposit for petitioner’s statement of facts and
costs may be granted by the CA upon a issues; and (b) state the reasons why the
verified motion setting forth valid petition should be denied or dismissed.
grounds - A copy shall be served on the petitioner,
- If the CA denies the motion, the and proof of such service shall be filed
petitioner shall pay the docketing and with the CA.
other lawful fees and deposit for costs 2. Dismiss the petition if it finds:
(a) it to be patently without merit, copies upon the appellee. (§4)
(b) prosecuted manifestly for delay, or - Any unauthorized alteration, omission or
(c) that the questions raised therein are too addition in the approved record on appeal
unsubstantial to require consideration shall be a ground for dismissal of the
appeal.
When Petition Given Due Course (§10) 6. Where the record of the docketed case is
- If upon the filing of the comment or such incomplete, the clerk of court of the CA shall
other pleadings or documents as may be so inform said court and recommended to it
required or allowed by the CA or upon the measures necessary to complete the record.
expiration of the period for the filing thereof, - duty of said court to take appropriate
and on the basis of the petition or the records action towards the completion of the
the CA finds prima facie that the agency record within the shortest possible time
concerned has committed errors of fact or law (§5)
that would warrant reversal or modification of - If the completion could not be
the award, judgment, final order or resolution accomplished within a sufficient period
sought to be reviewed, it may give due allotted for said purpose due to
course to the petition; otherwise, it shall insuperable or extremely difficult causes,
dismiss the same. the court, on its own motion or on motion
- The findings of fact of the agency concerned, of any of the parties, may declare that
when supported by substantial evidence, is the record and its accompanying
binding on the CA transcripts and exhibits so far available
are sufficient to decide the issues raised
Effect of Appeal (§12) — Will not stay the in the appeal, and shall issue an order
award, judgment, final order of resolution sought explaining the reasons for such
to be reviewed declaration. (§6)
- unless the CA directs otherwise upon such
terms as it may deem just Appellant’s Brief
A. When to File (§7) - within 45 days from
Rule 44 - Ordinary Appealed Cases receipt of the notice of the clerk that all the
evidence, oral and documentary, are attached
1. In all cases appealed to the CA under Rule to the record
41, the title shall remain as it was in the B. Form (§7) - 7 copies, legibly typewritten,
court of origin, but the party appealing the mimeographed or printed brief
case shall be further referred to as the - proof of service of 2 copies thereof upon
appellant and the adverse party as the the appellee
appellee. (§1) C. Contents (In this Order) (§13)
2. The counsel and guardians ad litem of the 1. Subject index of the matter in the brief
parties in the court of origin shall be with a digest of the arguments and page
respectively considered as their counsel and references, and a table of cases
guardians ad litem in the CA. alphabetically arranged, textbooks and
- When others appear or are appointed, statutes cited with references to the
notice thereof shall be served pages where they are cited;
immediately on the adverse party and 2. Assignment of errors, which shall be
filed with the court. (§2) separately, distinctly and concisely stated
3. If the original record or the record on appeal without repetition and numbered
is not transmitted to the CA within 30 days consecutively;
after the perfection of the appeal, either party 3. Under the heading “Statement of the
may file a motion with the trial court, with Case,” a clear and concise statement of
notice to the other, for the transmittal of such the nature of the action, a summary of
record or record on appeal. (§3) the proceedings, the appealed rulings
4. Upon receiving the original record or the and orders of the court, the nature of the
record on appeal and the accompanying judgment and any other matters
documents and exhibits transmitted by the necessary to an understanding of the
lower court, as well as the proof of payment nature of the controversy, with page
of the docket and other lawful fees, the clerk references to the record;
of court of the CA shall docket the case and 4. Under “Statement of Facts,” a clear and
notify the parties thereof. (§4) concise statement in a narrative form of
5. Within 10 days from receipt of the notice, the the facts admitted by both parties and of
appellant, in appeals by record on appeal, those in controversy, together with the
shall file with the clerk of court 7 clearly substance of the proof relating thereto in
legible copies of the approved record on sufficient detail to make it clearly
appeal, together with the proof of service of 2 intelligible, with page references to the
record; - Failure of the appellant to file his
5. Clear and concise statement of the issues memorandum within the period may be a
of fact or law; ground for dismissal of the appeal.
6. Under “Argument,” the appellant’s
arguments on each assignment of error Several Counsel (§11)
with page references to the record. The - Where there are several appellants or
authorities relied upon shall be cited by appellees, each counsel representing one or
the page of the report at which the case more but not all of them shall be served with
begins and the page of the report on only one copy of the briefs.
which the citation is found: - When several counsel represent one appellant
7. Under “Relief,” a specification of the or appellee, copies of the brief may be served
order or judgment which the appellant upon any of them.
seeks; and
8. In cases not brought up by record on Extension Of Time For Filing Briefs (§12) —
appeal, a copy of the judgment or final Not allowed, except for good and sufficient cause,
order appealed from as an appendix. and only if the motion for extension is filed before
the expiration of the time sought to be extended.
Appellee’s Brief
1. When to File (§8) - Within 45 days from Questions That May Be Raised On Appeal
receipt of the appellant’s brief (§15) - Any question of law or fact that has been
2. Form (§8) - 7 copies, legibly typewritten, raised in the court below and which is within the
mimeographed or printed brief issues framed by the parties
- with proof of service of 2 copies thereof
upon the appellant. Rule 45 - Appeal By Certiorari To The SC
3. Contents (In this Order) (§14)
1. A subject index of the matter in the brief How to Appeal (§1) - A party desiring to appeal
with a digest of the arguments and page by certiorari from a judgment or final order or
references, and a table of cases resolution of the CA, Sandiganbayan, RTC e or
alphabetically arranged, textbooks and other courts whenever authorized by law, may file
statutes cited with references to the with the SC a verified petition for review on
pages where they are cited; certiorari.
2. Under the heading “Statement of Facts,” - applicable to both civil and criminal cases,
that he accepts the statement of facts in except in criminal cases where the penalty
the appellant’s brief, or under “Counter- imposed is death, reclusion perpetua or life
Statement of Facts,” insufficiencies or imprisonment. (§9)
inaccuracies in the appellant’s statement
of facts with references to the pages of Scope (§1) - shall raise only questions of law
the record in support thereof, but without which must be distinctly set forth.
repetition of matters in the appellant’s
statement of facts; and Time for Filing (§2) - within 15 days from notice
3. Under “Argument,” his arguments in the of the judgment or final order or resolution
case on each assignment of error with appealed from, or of the denial of the petitioner’s
page references to the record. The motion for new trial or reconsideration filed in due
authorities relied on shall be cited by the time after notice of the judgment.
page of the report at which the case - On motion duly filed and served, with full
begins and the page of the report on payment of the docket and other lawful fees
which the citation is found. and the deposit for costs before the
expiration of the reglementary period, the SC
Appellant’s Reply Brief (§9) — File within 20 may for justifiable reasons grant an extension
days from receipt of the appellee’s brief of 30 days only within which to file the
- answer points in the appellee’s brief not petition.
covered in appellant’s main brief
Docket And Other Lawful Fees (§3)- Unless he
Memoranda (§10) has theretofore done so, the petitioner shall pay
1. Cases Covered - in certiorari, prohibition, the corresponding docket and other lawful fees to
mandamus, quo warranto and habeas corpus the clerk of court of the SC and deposit P500.00
cases, in lieu of briefs for costs at the time of the filing of the petition.
2. When to File - within a non-extendible - Proof of service of a copy thereof on the
period of 30 days from receipt of the notice lower court concerned and on the adverse
issued by the clerk that all the evidence, oral party shall be submitted together with the
and documentary, is already attached to the petition.
record.
Contents Of Petition (§4) dismissed or denied pursuant to §5, or where the
- filed in 18 copies, with the original copy petition is given due course under §8, the SC may
intended for the court being indicated as such require or allow the filing of such pleadings,
by the petitioner briefs, memoranda or documents as it may deem
- state the full name of the appealing party as necessary within such periods and under such
the petitioner and the adverse party as conditions as it may consider appropriate, and
respondent, without impleading the lower impose the corresponding sanctions in case of
courts or judges thereof either as petitioners non-filing or unauthorized filing of such pleadings
or respondents; and documents or noncompliance with the
- indicate the material dates showing when conditions thereof.
notice of the judgment or final order or - If the petition is given due course, the SC
resolution subject thereof was received, when may require the elevation of the complete
a motion for new trial or reconsideration, if record of the case or specified parts thereof
any, was filed and when notice of the denial within 15 days from notice. (§8)
thereof was received;
- a concise statement of the matters involved, Rule 46 - Original Cases
and the reasons or arguments relied on for
the allowance of the petition; Title (§1) — In all cases originally filed in the CA,
- accompanied by a clearly legible duplicate the party instituting the action shall be called the
original, or a certified true copy of the petitioner and the opposing party the respondent.
judgment or final order or resolution certified
by the clerk of court of the court a quo and Scope (§2) - Applies to original actions for
the requisite number of plain copies thereof, certiorari, prohibition, mandamus and quo
and such material portions of the record as warranto
would support the petition; and - Except as otherwise provided, the actions for
- with a sworn certification against forum annulment of judgment shall be governed by
shopping Rule 47, for certiorari, prohibition and
• Note: failure to comply with any of the mandamus by Rule 65, and for quo warranto
requirements regarding the payment of the by Rule 66
docket and other lawful fees, deposit for
costs, proof of service of the petition, and the Contents and Filing of Petition (§3)
contents of and the documents which should - Contents:
accompany the petition shall be sufficient - full names and actual addresses of all the
ground for the dismissal thereof. petitioners and respondents
• The SC may on its own initiative deny the - concise statement of the matters
petition on the ground that the appeal is involved
without merit, or is prosecuted manifestly for - factual background of the case
delay, or that the questions raised therein are - grounds relied upon for the relief prayed
too unsubstantial to require consideration. for
- in actions under Rule 65, further indicate
Review (§6) - Not a matter of right, but of sound the material dates showing when notice
judicial discretion, and will be granted only when of the judgment or final order or
there are special and important reasons therefor. resolution subject thereof was received,
- The following, while neither controlling nor when a motion for new trial or
fully measuring the court’s discretion, reconsideration, if any, was filed and
indicate the character of the reasons which when notice of the denial thereof was
will be considered: received
(a) When the court a quo has decided a - certification against forum shopping
question of substance, not theretofore - Form
determined by the SC, or has decided it - file in 7 clearly legible copies
in a way probably not in accord with law - with proof of service on the respondent
or with the applicable decisions of the with the original copy intended for the
SC; or court indicated as such by the petitioner
(b) When the court a quo has so far departed - accompanied by a clearly legible
from the accepted and usual course of duplicate original or certified true copy of
judicial proceedings, or so far sanctioned the judgment, order, resolution, or ruling
such departure by a lower court, as to subject thereof, such material portions of
call for an exercise of the power of the record as are referred to therein, and
supervision other documents relevant or pertinent
thereto
Pleadings and documents (§7) - For - certification accomplished by the
determining whether the petition should be proper clerk of court or by his duly
authorized representative, or by the Procedure
proper officer of the court, tribunal, a) The action shall be commenced by filing a
agency or office involved or by his verified petition alleging with particularity the
duly authorized representative facts and the law relied upon for annulment,
- The other requisite number of copies as well as those supporting the petitioner’s
of the petition shall be accompanied good and substantial cause of action or
by clearly legible plain copies of all defense, as the case may be (§4)
documents attached to the original. - File petition in 7 clearly legible copies,
- Petitioner shall pay the corresponding docket together with sufficient copies
and other lawful fees to the clerk of court and corresponding to the number of
deposit P500.00 for costs at the time of the respondents.
filing of the petition. - A certified true copy of the judgment or
- The failure of the petitioner to comply with final order or resolution shall be attached
any of the foregoing requirements shall be to the original copy of the petition
sufficient ground for the dismissal intended for the court and indicated as
such by the petitioner.
Jurisdiction Over Person Of Respondent (§4) - Petitioner shall also submit together with
— Acquired by the service on him of its order or the petition affidavits of witnesses or
resolution indicating its initial action on the documents supporting the cause of action
petition or by his voluntary submission to such or defense and a sworn certification of
jurisdiction. non-forum shopping
b) If the court finds no substantial merit in the
Action By The Court (§5) — It may dismiss the petition, it may be dismissed outright with
petition outright with specific reasons for such specific reasons for such dismissal. If prima
dismissal or require the respondent to file a facie merit is found, it shall be given due
comment on the same within 10 days from course and summons shall be served on the
notice. respondent. (§5)
- Only pleadings required by the court shall be c) Observe the procedure in ordinary civil cases.
allowed Should a trial be necessary, the reception of
- All other pleadings and papers, may be filed the evidence may be referred to a member of
only with leave of court the court or a judge of a RTC (§6)

Factual Issues (§6) —Whenever necessary to Judgment of Annulment


resolve factual issues, the court may conduct - Effect –set aside the questioned judgment or
hearings thereon or delegate the reception of the final order or resolution and render the same
evidence on such issues to any of its members or null and void, without prejudice to the
to an appropriate court, agency or office. original action being refiled in the proper
court.
Failure To File Comment (§7) — The case may - Where the judgment or final order or
be decided on the basis of the record, without resolution is set aside on the ground of
prejudice to any disciplinary action which the extrinsic fraud, the court may on motion
court may take against the disobedient party order the trial court to try the case as if a
timely motion for new trial had been
RULE 47 granted therein (§7)
ANNULMENT OF JUDGMENTS OR FINAL - Suspension Of Prescriptive Period—The
ORDERS AND RESOLUTIONS prescriptive period for the refiling of the
original action is suspended from the filing of
Coverage (§1) —Annulment by the CA of the original action until the finality of the
judgments or final orders and resolutions in civil judgment of annulment.
actions of RTCs for which the ordinary remedies - Except it the extrinsic fraud is
of new trial, appeal, petition for relief or other attributable to the plaintiff in the original
appropriate remedies are no longer available action (§8)
through no fault of the petitioner - Relief— It may include the award of
damages, attorney’s fees and other relief.
Grounds for Annulment (§2-3) - If the judgment or final order or
a. Extrinsic fraud – except it was availed of, or resolution had already been executed,
could have been availed of, in a motion for the court may issue such orders of
new trial or petition for relief. restitution or other relief as justice and
- file within 4 years from discovery equity may warrant under the
b. Lack of jurisdiction – file before it is barred circumstances. (§9)
by laches or estoppel - Annulment of judgments or final orders
of Municipal Trial Courts —An action to
annul a judgment or final order of a MTC shall Rule 50 - Dismissal Of Appeal
be filed in the RTC having jurisdiction over
the former. Grounds For Dismissal (§1) —CA may dismiss
- treated as an ordinary civil action and §2, on its own motion or on that of the appellee
3, 4, 7, 8 and 9 of this Rule shall be (a) Failure of the record on appeal to show on its
applicable face that the appeal was taken within the
period fixed by these Rules;
Rule 48 - Preliminary Conference (b) Failure to file the notice of appeal or the
record on appeal within the period prescribed
1. May be conducted as called by the court, any by these Rules;
time during the pendency of a case (§1) (c) Failure of the appellant to pay the docket and
2. The proceedings shall be recorded. Upon its other lawful fees as provided in §4, Rule 41;
conclusion, a resolution shall be issued (d) Unauthorized alterations, omissions or
embodying all the actions taken therein, the additions in the approved record on appeal as
stipulations and admissions made, and the provided in §4 of Rule 44;
issues defined (§2) (e) Failure of the appellant to serve and file the
3. The resolution shall control the subsequent required number of copies of his brief or
proceedings in the case unless, within 5 days memorandum within the time provided by
from notice thereof, any party shall these Rules;
satisfactorily show valid cause why it should (f) Absence of specific assignment of errors in
not be followed and subject to modifications the appellant’s brief, or of page references to
made to prevent manifest injustice (§3) the record as required in §13, paragraphs
(a), (c), (d) and (f) of Rule 44;
Purposes (§1) (g) Failure of the appellant to take the necessary
1. To consider the possibility of an amicable steps for the correction or completion of the
settlement, except when the case is not record within the time limited by the court in
allowed by law to be compromised; its order;
2. To define, simplify and clarify the issues for (h) Failure of the appellant to appear at the
determination; preliminary conference under Rule 48 or to
3. To formulate stipulations of facts and comply with orders, circulars, or directives of
admissions of documentary exhibits, limit the the court without justifiable cause; and
number of witnesses to be presented in cases (i) The fact that order or judgment appealed
falling within the original jurisdiction of the from is not appealable.
court, or those within its appellate jurisdiction
where a motion for new trial is granted on the Improper Appeals (§2) - An appeal under Rule
ground of newly discovered evidence; and 41 from the RTC to the CA raising only questions
4. To take up such other matters which may aid of law shall be dismissed, issues purely of law not
the court in the prompt disposition of the being reviewable by said court
case. (1) An appeal by notice of appeal instead of by
petition for review from the appellate
Rule 49 - Oral Argument judgment of a RTC shall be dismissed
(2) Appeal erroneously taken to the CA shall not
1. Allowed by the court at its own instance or be transferred to the appropriate court but
upon motion of a party (§1) shall be dismissed outright.
2. Court may allow oral arguments on the
merits of a case, or on any material incident Withdrawal Of Appeal (§3) —
in connection therewith, as specified in its a. Any Time Before The Filing Of The Appellee’s
order of resolution. (§1) Brief – May withdraw as of right
3. Unless authorized by the court, only one b. Thereafter - may be allowed in the discretion
counsel may argue for a party. (§2) of the court
4. The duration allowed for each party, the
sequence of the argumentation, and all other Rule 51 - Judgment
related matters shall be as directed by the
court. (§2) When Case Deemed Submitted For Judgment
5. Motions shall not be set for hearing and, A. In ordinary appeals.—
unless the court otherwise directs, no hearing 1. If No Hearing On The Merits Of The Main
or oral argument shall be allowed in support Case - Upon the filing of the last
thereof. The adverse party may file objections pleading, brief, or memorandum required
to the motion within 5 days from service, by the Rules or by the court, or the
upon the expiration of which such motion expiration of the period for its filing
shall be deemed submitted for resolution (§3) 2. With Hearing - Upon its termination or
upon the filing of the last pleading or
memorandum as may be required or - No error which does not affect the
permitted to be filed by the court, or the jurisdiction over the subject matter or the
expiration of the period for its filing. validity of the judgment appealed from or
B. In original actions and petitions for the proceedings therein will be
review.— considered unless stated in the
1. No Comment Is Filed - upon the assignment of errors, or closely related to
expiration of the period to comment or dependent on an assigned error and
2. No Hearing - Upon the filing of the last properly argued in the brief, save as the
pleading required or permitted to be filed court may pass upon plain errors and
by the court, or the expiration of the clerical errors. (§8)
period for its filing. (2) Form (§5) — Should clearly and distinctly
3. With Hearing On The Merits Of The Main state the findings of fact and the conclusions
Case - upon its termination or upon the of law on which it is based, which may be
filing of the last pleading or contained in the decision or final resolution
memorandum as may be required or itself, or adopted from those set forth in the
permitted to be filed by the court, or the decision, order, or resolution appealed from.
expiration of the period for its filing (§1) (3) Several Parties (§7) - An appealed
judgment may be affirmed as to some of the
Who Renders Judgment - the members of the appellants, and reversed as to others, and
court who participated in the deliberation on the the case shall thereafter be proceeded with,
merits of the case before its assignment to a so far as necessary, as if separate actions
member for the writing of the decision (§2) had been begun and prosecuted; and
a) The participation of all 3 Justices of a division execution of the judgment of affirmance may
shall be necessary at the deliberation be had accordingly, and costs may be
b) The unanimous vote of the 3 Justices shall be adjudged in such cases, as the court shall
required for the pronouncement of a deem proper
judgment or final resolution. (4) Promulgation And Notice Of Judgment
c) If the Justices do not reach a unanimous (§9) — After the judgment or final resolution
vote, the clerk shall enter the votes of the and dissenting or separate opinions, if any,
dissenting Justices in the record. Thereafter, are signed by the Justices taking part, they
the Chairman of the division shall refer the shall be delivered for filing to the clerk who
case, together with the minutes of the shall indicate thereon the date of
deliberation, to the Presiding Justice who promulgation and cause true copies thereof
shall designate 2 Justices chosen by raffle to be served upon the parties or their
from among all the other members of the counsel.
court to sit temporarily with them, forming a (5) Entry Of Judgments And Final
special division of 5 Justices. The participation Resolutions (§10) —If no appeal or motion
of all 5 members of the special division shall for new trial or reconsideration is filed within
be necessary for the deliberation and the the time provided, the judgment or final
concurrence of a majority of such division resolution shall be entered by the clerk in the
shall be required for the pronouncement of a book of entries of judgments.
judgment or final resolution. (§3) - The date when the judgment or final
resolution becomes executory shall be
Judgment deemed as the date of its entry
(1) Disposition—The CA, in its appellate - The record shall contain the dispositive
jurisdiction, may affirm, reverse, or modify part of the judgment or final resolution
the judgment or final order appealed from, and shall be signed by the clerk, with a
and may direct a new trial or further certificate that such judgment or final
proceedings to be had (§4) resolution has become final and
- No error in either the admission or the executory.
exclusion of evidence or defect in any (6) Execution Of Judgment (§11)— Except
ruling or order or in anything done or where the judgment or final order or
omitted by the trial court or by any of the resolution, or a portion thereof, is ordered to
parties is ground for granting a new trial be immediately executory, the motion for its
or for setting aside, modifying, or execution may only be filed in the proper
otherwise disturbing a judgment or order, court after its entry.
unless refusal to take such action - In original actions in the CA, its writ of
appears to the court inconsistent with execution shall be accompanied by a
substantial justice. The court at every certified true copy of the entry of
stage of the proceeding must disregard judgment or final resolution and
any error or defect which does not affect addressed to any appropriate officer for
the substantial rights of the parties. (§6) its enforcement.
- In appealed cases, where the motion for hearing and decision. (§1)
execution pending appeal is filed in the 2. The CA en banc shall make proper orders or
CA at a time that it is in possession of the rules to govern the allotment of cases among
original record or the record on appeal, the different divisions, the constitution of
the resolution granting such motion shall such divisions, the regular rotation of Justices
be transmitted to the lower court from among them, the filing of vacancies occurring
which the case originated, together with therein, and other matters relating to the
a certified true copy of the judgment or business of the court; and such rules shall
final order to be executed, with a continue in force until repealed or altered by
directive for such court of origin to issue it or by the Supreme Court. (§1)
the proper writ for its enforcement. 3. Quorum (§2)
a. En Banc Session – Majority of the actual
Rule 52 - Motion For Reconsideration members of the court
b. Division – 3 members
1. File within 15 days from notice of the
judgment or final order, with proof of service Rule 55 - Publication Of Judgments And Final
on the adverse party (§1) Resolutions
2. No second motion for reconsideration by the
same party shall be entertained. (§2) 1. Publication (§1)
3. In the CA, the MR shall be resolved within 90 a. Judgments and Final Resolutions –
days from the date when the court declares it published in the Official Gazette and in
submitted for resolution. (§3) the Reports officially authorized by the
4. The pendency of a MR filed on time and by court in the language they have been
the proper party shall stay the execution of originally written, together with the
the judgment or final resolution sought to be syllabi prepared by the reporter in
reconsidered unless the court, for good consultation with the writers
reasons, shall otherwise direct. (§4) b. Memoranda Of All Other Judgments And
Final Resolutions Not Published - made
Rule 53 - New Trial by the reporter and published in the
Official Gazette and authorized reports
1. Period - any time after the appeal from the 2. Manner of Publication (§2) - prepare and
lower court has been perfected and before publish with each reported judgment and final
the Court of Appeals loses jurisdiction over resolution a concise synopsis of the facts
the case (§1) necessary for a clear understanding of the
2. Ground - Newly discovered evidence which case, the names of counsel, the material and
could not have been discovered prior to the controverted points involved, the authorities
trial in the court below by the exercise of due cited therein, and a syllabus which shall be
diligence and which is of such a character as confined to points of law
would probably change the result. (§1) 3. The published decisions and final resolutions
3. The motion shall be accompanied by of the SC shall be called “Philippine Reports,”
affidavits showing the facts constituting the while those of the CA shall be known as the
grounds therefor and the newly discovered “Court of Appeals Reports.”
evidence. (§1) - Each volume with a table of the cases
4. The CA shall consider the new evidence reported and cases cited in the opinions
together with that adduced at the trial below, with a complete alphabetical index of the
and may grant or refuse a new trial, or may subject matters of the volume
make such order, with notice to both parties, - Consist of not less than 700 pages
as to the taking of further testimony, either printed upon good paper, well bound and
orally in court, or by depositions, or render numbered consecutively in the order of
such other judgment as ought to be rendered the volumes published. (§3)
upon such terms as it may deem just. (§2)
5. Resolution - In the CA, within 90 days from Procedure In The Supreme Court
the date when the court declares it submitted
for resolution. (§3) Rule 56 - Original And Appealed Cases
6. Unless the court otherwise directs, the
procedure in the new trial shall be the same A. Original Cases
as that granted by a RTC. (§4) 1. Cases Which May Be Filed in the Original in
the SC (§1) — Petitions for certiorari,
Rule 54 - Internal Business prohibition, mandamus, quo warranto,
habeas corpus, disciplinary proceedings
1. All the cases of the CA shall be allotted against members of the judiciary and
among the different divisions thereof for attorneys, and cases affecting ambassadors,
other public ministers and consuls
2. Rules applicable.— Where the SC En Banc is Equally Divided (§7)
a) Certiorari, prohibition, mandamus, quo - When Applicable: SC en banc is equally
warranto and habeas corpus - applicable divided in opinion, or the necessary majority
provisions of the Constitution, laws, Rules cannot be had
46, 48, 49, 51, 52 and this Rule, subject - Procedure:
to the following provisions: 1. the case shall again be deliberated on
i. All references in said Rules to the CA 2. if after such deliberation no decision is
shall be understood to apply to the reached:
SC; • the original action commenced in the
ii. The portions of Rules dealing strictly court shall be dismissed;
with and specifically intended for • in appealed cases, the judgment or
appealed cases in CA shall not be order appealed from shall stand
applicable; and affirmed; and
iii. 18 clearly legible copies of the • on all incidental matters, the petition
petition shall be filed, together with or motion shall be denied.
proof of service on all adverse
parties. Rule 71 - Contempt
b) Disciplinary action against members of
the judiciary - laws and Rules prescribed What Constitutes Direct Contempt (§1)
therefore a) A person guilty of misbehavior in the
c) Disciplinary action against attorneys - presence of or so near a court as to obstruct
Rule 139-B, as amended. (§2) or interrupt the proceedings before the same
b) Includes:
B. Appealed Cases - disrespect toward the court,
1. Mode—By a petition for review on certiorari, - offensive personalities toward others, or
except in criminal cases where the penalty - refusal to be sworn or to answer as a
imposed is death, reclusion perpetua or life witness, or to subscribe an affidavit or
imprisonment. (§3) deposition when lawfully required to do
2. Procedure —applicable provisions of the so
Constitution, laws, Rules 45, 48, §1, 2, and 5
to 11 of Rule 51, 52 and this Rule. (§4) Penalty for Direct Contempt (§1)
3. Grounds for dismissal of appeal.— May be 1. Summarily adjudged
dismissed motu proprio or on motion of the 2. If it be a RTC or a court of equivalent or
respondent on the following grounds: higher rank - fine not exceeding P2,000 or
(a) Failure to take the appeal within the imprisonment not exceeding 10 days, or both
reglementary period; 3. Any lower court - fine not exceeding P200 or
(b) Lack of merit in the petition; imprisonment not exceeding 1 day, or both
(c) Failure to pay the requisite docket fee
and other lawful fees or to make a Remedy from Direct Contempt (§2)
deposit for costs; 1. Cannot appeal
(d) Failure to comply with the requirements 2. May file a petition for certiorari or prohibition
regarding proof of service and contents of 3. The execution of the judgment shall be
and the documents which should suspended pending resolution of such
accompany the petition; petition, provided:
(e) Failure to comply with any circular, (a) he file a bond fixed by the court which
directive or order of the Supreme Court rendered the judgment and
without justifiable cause; (b) conditioned that he will abide by and
(f) Error in the choice or mode of appeal; perform the judgment should the petition
and be decided against him.
(g) The fact that the case is not appealable
to the Supreme Court. (§5) Acts Punishable by Indirect Contempt (§3)
4. An appeal to the SC by notice of appeal shall (a) Misbehavior of an officer of a court in the
be dismissed except as in §3, Rule 122 performance of his official duties or in his
regarding appeals in criminal cases where the official transactions;
penalty imposed is death, reclusion perpetua (b) Disobedience of or resistance to a lawful writ,
or life imprisonment (§6) process, order, or judgment of a court,
5. An appeal by certiorari to the SC from the including the act of a person who, after being
RTC submitting issues of fact may be referred dispossessed or ejected from any real
to the CA for decision or appropriate action. property by the judgment or process of any
SC’s determination on whether or not issues court of competent jurisdiction, enters or
of fact are involved shall be final. (§6) attempts or induces another to enter into or
upon such real property, for the purpose of himself or counsel
executing acts of ownership or possession, or - If the hearing is not ordered to be had,
in any manner disturbs the possession given respondent may be released from
to the person adjudged to be entitled thereto; custody upon filing a bond, in an amount
(c) Any abuse of or any unlawful interference fixed by the court, for his appearance at
with the processes or proceedings of a court the hearing of the charge.
not constituting direct contempt; - On the day set for the hearing, the court
(d) Any improper conduct tending, directly or shall investigate the charge and consider
indirectly, to impede, obstruct, or degrade such comment, testimony or defense as
the administration of justice; the respondent may make or offer
(e) Assuming to be an attorney or an officer of a 3) May appeal to the proper court as in criminal
court, and acting as such without authority; cases
(f) Failure to obey a subpoena duly served; - Execution of the judgment or final order
(g) The rescue, or attempted rescue, of a person shall not be suspended until a bond is
or property in the custody of an officer by filed by the person adjudged in contempt,
virtue of an order or process of a court held in an amount fixed by the court front
by him. which the appeal is taken, conditioned
that if the appeal be decided against him
Procedure for Indirect Contempt (§3-6) he will abide by and perform the
1) Start of Proceedings: judgment or final order. (§11)
a. The court (where the act was committed)
initiates proceedings motu proprio by an Punishment for Indirect Contempt (§7-8)
order or any other formal charge 1. Committed against a RTC or a court of
requiring the respondent to show cause equivalent or higher rank - fine not exceeding
why he should not be punished for P30,000 or imprisonment not exceeding 6
contempt; or months, or both.
b. Filing of a verified petition with 2. Against a lower court - fine not exceeding
supporting particulars and certified true P5,000 or imprisonment not exceeding 1
copies of documents or papers involved month, or both.
– need to comply with the 3. If the contempt consists in the violation of a
requirements for filing initiatory writ of injunction, TRO or status quo order -
pleadings for civil actions in the court may also be ordered to make complete
concerned restitution to the party injured by such
– If the contempt charges arose out of violation of the property involved or such
or are related to a principal action amount as may be alleged and proved.
pending in the court, the petition - The writ of execution, as in ordinary civil
shall allege that fact but said petition actions, shall issue for the enforcement of
shall be docketed, heard and decided a judgment imposing a fine unless the
separately, unless the court in its court otherwise provides.
discretion orders the consolidation of 4. If the contempt consists in the refusal or
the contempt charge and the omission to do an act which is yet in the
principal action for joint hearing and power of the respondent to perform, he may
decision. be imprisoned by order of the court
– Where to file the charge: concerned until he performs it.
(a) Act committed against a RTC or
a court of equivalent or higher Release of Respondent
rank, or against an officer 1. When a respondent released on bail fails to
appointed by it - file with such appear on the day fixed for the hearing, the
court court may:
(b) Committed against a lower court a. issue another order of arrest or
- file with b. order the bond for his appearance to be
1. the RTC of the place in forfeited and confiscated, or
which the lower court is - damages: extent of the loss or injury
sitting; or sustained by the aggrieved party dut
2. such lower court subject to the misconduct for which the
to appeal to the RTC of contempt charge was prosecuted,
such place in the same with costs of the proceedings
manner provided in - damages recovered for benefit of the
section 2 party injured
2) Opportunity given to the respondent to - If no aggrieved party, bond liable
comment on the charge within such period as and disposed of as in criminal
may be fixed by the court and to be heard by cases
c. do both (§9)
2. The court which ordered the imprisonment
may release him from imprisonment when
public interest will not be prejudiced. (§10)

Contempt against quasi-judicial entities


1) Unless otherwise provided by law, this Rule
shall apply to contempt committed against
persons, entities, bodies or agencies
exercising quasi-judicial functions, or shall
have suppletory effect to such rules as they
may have adopted pursuant to authority
granted to them by law to punish for
contempt.
2) Jurisdiction over Contempt Cases: RTC of the
place where the contempt has been
committed