RULE 15 MOTIONS Section 1. Motion defined. A motion is an application for relief other than b a pleadin!.

Sec. ". Motions m#st be in $ritin!. All motions shall be in $ritin! e%cept those made in open co#rt or in the co#rse of a hearin! or trial. Sec. &. 'ontents. A motion shall state the relief so#!ht to be obtained and the !ro#nds #pon $hich it is based( and if re)#ired b these R#les or necessar to pro*e facts alle!ed therein( shall be accompanied b s#pportin! affida*its and other papers. Sec. +. ,earin! of motion. E%cept for motions $hich the co#rt ma act #pon $itho#t pre-#dicin! the ri!hts of the ad*erse part ( e*er $ritten motion shall be set for hearin! b the applicant. E*er $ritten motion re)#ired to be heard and the notice of the hearin! thereof shall be ser*ed in s#ch a manner as to ens#re its receipt b the other part at least three .&/ da s before the date of hearin!( #nless the co#rt for !ood ca#se sets the hearin! on shorter notice.

Sec. 5. Notice of hearin!. The notice of hearin! shall be addressed to all parties concerned( and shall specif the time and date of the hearin! $hich m#st not be later than ten .10/ da s after the filin! of the motion. Sec. 1. 2roof of ser*ice necessar . No $ritten motion set for hearin! shall be acted #pon b $itho#t proof of ser*ice thereof.

the co#rt

Sec. 3. Motion da . E%cept for motions re)#irin! immediate action( all motions shall be sched#led for hearin! on 4rida afternoons( or if 4rida is a non5 $or6in! da ( in the afternoon of the ne%t $or6in! da . Sec. 7. Omnib#s motion. S#b-ect to the pro*isions of section 1 of R#le 8( a motion attac6in! a pleadin!( order( -#d!ment( or proceedin! shall incl#de all ob-ections then a*ailable( and all ob-ections not so incl#ded shall be deemed $ai*ed. Sec. 8. Motion for lea*e. A motion for lea*e to file a pleadin! or motion shall be accompanied b the pleadin! or motion so#!ht to be admitted. Sec. 10. 4orm. The R#les applicable to pleadin!s shall appl to $ritten motions so far as concerns caption( desi!nation( si!nat#re( and other matters of form.

RULE 11 MOTION TO 9ISMISS Section 1. :ro#nds. ;ithin the time for b#t before filin! the ans$er to the complaint or pleadin! assertin! a claim( a motion to dismiss ma be made on an of the follo$in! !ro#nds< .a/ That the co#rt has no -#risdiction o*er the person of the defendin! part = .b/ That the co#rt has no -#risdiction o*er the s#b-ect matter of the claim= .c/ That *en#e is improperl laid= to s#e=

.d/ That the plaintiff has no le!al capacit

.e/ That there is another action pendin! bet$een the same parties for the same ca#se= .f/ That the ca#se of action is barred b stat#te of limitations= a prior -#d!ment or b the

.!/ That the pleadin! assertin! the claim states no ca#se of action= .h/ That the claim or demand set forth in the plaintiff>s pleadin! has been paid( $ai*ed( abandoned( or other$ise e%tin!#ished= .i/ That the claim on $hich the action is fo#nded is #nenforceable #nder the pro*isions of the stat#te of fra#ds= and .-/ That a condition complied $ith. precedent for filin! the claim has not been

Sec. ". ,earin! of motion. At the hearin! of the motion( the parties shall s#bmit their ar!#ments on the )#estions of la$ and their e*idence on the )#estions of fact in*ol*ed e%cept those not a*ailable at that time. Sho#ld the case !o to trial( the e*idence presented d#rin! the hearin! shall a#tomaticall be part of the e*idence of the part presentin! the same. Sec. &. Resol#tion of motion. After the hearin!( the co#rt ma dismiss the action or claim( den motion( or order the amendment of the pleadin!.

the

The co#rt shall not defer the resol#tion of the motion for the reason that the !ro#nd relied #pon is not ind#bitable. In e*er case( the resol#tion shall state clearl reasons therefor. and distinctl the

Sec. +. Time to plead. If the motion is denied( the mo*ant shall file his ans$er $ithin the balance of the period prescribed b R#le 11 to $hich he $as entitled at the time of ser*in! his motion( b#t not less than fi*e .5/ da s in an e*ent( comp#ted from his receipt of the notice of the denial. If the pleadin! is ordered to be amended( he shall file his ans$er $ithin the period prescribed b R#le 11 co#nted from ser*ice of the amended pleadin!( #nless the co#rt pro*ides a lon!er period. Sec. 5. Effect of dismissal. S#b-ect to the ri!ht of appeal( an order !rantin! a motion to dismiss based on para!raphs .f/( .h/ and .i/ of section 1 hereof shall bar the refilin! of the same action or claim. Sec. 1. 2leadin! !ro#nds as affirmati*e defenses. If no motion to dismiss has been filed( an of the !ro#nds for dismissal pro*ided for in this R#le ma be pleaded as an affirmati*e defense in the ans$er and( in the discretion of the co#rt( a preliminar hearin! ma be had thereon as if a motion to dismiss had been filed. The dismissal of the complaint #nder this section shall be $itho#t pre-#dice to the prosec#tion in the same or separate action of a co#nterclaim pleaded in the ans$er. RULE 13 9ISMISSAL O4 A'TIONS Section 1. 9ismissal #pon notice b plaintiff. A complaint ma be dismissed b the plaintiff b filin! a notice of dismissal at an time before ser*ice of the ans$er or of a motion for s#mmar -#d!ment. Upon s#ch notice bein! filed( the co#rt shall iss#e an order confirmin! the dismissal. Unless other$ise stated in the notice( the dismissal is $itho#t pre-#dice( e%cept that a notice operates as an ad-#dication #pon the merits $hen filed b a plaintiff $ho has once dismissed in a competent co#rt an action based on or incl#din! the same claim. Sec. ". 9ismissal #pon motion of plaintiff. E%cept as pro*ided in the precedin! section( a complaint shall not be dismissed at the plaintiff>s instance sa*e #pon appro*al of the co#rt and #pon s#ch terms and conditions as the co#rt deems proper. If a co#nterclaim has been pleaded b a defendant prior to the ser*ice #pon him of the plaintiff>s motion for dismissal( the dismissal shall be limited to the complaint. The dismissal shall be $itho#t pre-#dice to the ri!ht of the defendant to prosec#te his co#nterclaim in a separate action #nless $ithin fifteen .15/ da s from notice of the motion he manifests his preference to ha*e his co#nterclaim resol*ed in the same action. Unless other$ise specified in the order( a dismissal #nder this para!raph shall be $itho#t pre-#dice. A class s#it shall not be dismissed or compromised $itho#t the appro*al of the co#rt.

Sec. &. 9ismissal d#e to fa#lt of plaintiff. If( for no -#stifiable ca#se( the plaintiff fails to appear on the date of the presentation of his e*idence in chief on the complaint( or to prosec#te his action for an #nreasonable len!th of time( or to compl $ith these R#les or an order of the co#rt( the complaint ma be dismissed #pon motion of the defendant or #pon the co#rt>s o$n motion( $itho#t pre-#dice to the ri!ht of the defendant to prosec#te his co#nterclaim in the same or in a separate action. This dismissal shall ha*e the effect of an ad-#dication #pon the merits( #nless other$ise declared b the co#rt. Sec. +. 9ismissal of co#nterclaim( cross5claim( or third5part complaint. The pro*isions of this R#le shall appl to the dismissal of an co#nterclaim( cross5claim( or third5part complaint. A *ol#ntar dismissal b the claimant b notice as in section 1 of this R#le( shall be made before a responsi*e pleadin! or a motion for s#mmar -#d!ment is ser*ed or( if there is none( before the introd#ction of e*idence at the trial or hearin!. RULE 18 INTER?ENTION Section 1. ;ho ma inter*ene. A person $ho has a le!al interest in the matter in liti!ation( or in the s#ccess of either of the parties( or an interest a!ainst both( or is so sit#ated as to be ad*ersel affected b a distrib#tion or other disposition of propert in the c#stod of the co#rt or of an officer thereof ma ( $ith lea*e of co#rt( be allo$ed to inter*ene in the action. The co#rt shall consider $hether or not the inter*ention $ill #nd#l dela or pre-#dice the ad-#dication of the ri!hts of the ori!inal parties( and $hether or not the inter*enor>s ri!hts ma be f#ll protected in a separate proceedin!. Sec. ". Time to inter*ene. The motion to inter*ene ma be filed at an time before rendition of -#d!ment b the trial co#rt. A cop of the pleadin!5in5inter*ention shall be attached to the motion and ser*ed on the ori!inal parties. Sec. &. 2leadin!s5in5inter*ention. The inter*enor shall file a complaint5in5inter*ention if he asserts a claim a!ainst either or all of the ori!inal parties( or an ans$er5in5 inter*ention if he #nites $ith the defendin! part in resistin! a claim a!ainst the latter. Sec. +. Ans$er to complaint5in5inter*ention. The ans$er to the complaint5in 5inter*ention shall be filed $ithin fifteen .15/ da s from notice of the order admittin! the same( #nless a different period is fi%ed b the co#rt.

RULE "& 9E2OSITIONS 2EN9IN: A'TIONS Section 1. 9epositions pendin! action( $hen ma be ta6en. @ lea*e of co#rt after -#risdiction has been obtained o*er an defendant or o*er propert $hich is the s#b-ect of the action( or $itho#t s#ch lea*e after an ans$er has been ser*ed( the testimon of an person( $hether a part or not( ma be ta6en( at the instance of an part ( b deposition #pon oral e%amination or $ritten interro!atories. The attendance of $itnesses ma be compelled b the #se of a s#bpoena as pro*ided in R#le "1. 9epositions shall be ta6en onl in accordance $ith these R#les. The deposition of a person confined in prison ma be ta6en onl b lea*e of co#rt on s#ch terms as the co#rt prescribes. Sec. ". Scope of e%amination. Unless other$ise ordered b the co#rt as pro*ided b section 11 or 17 of this R#le( the deponent ma be e%amined re!ardin! an matter( not pri*ile!ed( $hich is rele*ant to the s#b-ect of the pendin! action( $hether relatin! to the claim or defense of an other part ( incl#din! the e%istence( description( nat#re( c#stod ( condition( and location of an boo6s( doc#ments( or other tan!ible thin!s and the identit and location of persons ha*in! 6no$led!e of rele*ant facts. Sec. &. E%amination and cross5e%amination. E%amination and cross5e%amination of deponents ma at the trial #nder sections & to 17 of R#le 1&".

proceed as permitted

Sec. +. Use of depositions. At the trial or #pon the hearin! of a motion or an interloc#tor proceedin!( an part or all of a deposition( so far as admissible #nder the r#les of e*idence( ma be #sed a!ainst an part $ho $as present or represented at the ta6in! of the deposition or $ho had d#e notice thereof( in accordance $ith an one of the follo$in! pro*isions< .a/ An deposition ma be #sed b an part for the p#rpose contradictin! or impeachin! the testimon of deponent as a $itness= of

.b/ The deposition of a part or of an one $ho at the time of ta6in! the deposition $as an officer( director( or mana!in! a!ent of a p#blic or pri*ate corporation( partnership( or association $hich is a part ma be #sed b an ad*erse part for an p#rpose= .c/ The deposition of a $itness( $hether or not a part ( ma be #sed b an part for an p#rpose if the co#rt finds< .1/ that the $itness is dead= or ."/ that the $itness resides at a distance more than one h#ndred .100/ 6ilometers from the place of trial or hearin!( or is o#t of the 2hilippines( #nless it appears that his absence $as proc#red b the part offerin! the deposition= or .&/ that the $itness is #nable to attend or testif beca#se of a!e( sic6ness( infirmit ( or imprisonment= or .+/ that the part offerin! the deposition has been #nable to proc#re the attendance of the $itness b s#bpoena= or .5/ #pon application and notice( that s#ch e%ceptional circ#mstances e%ist as to ma6e it desirable( in the interest of -#stice and $ith d#e re!ard to the importance of presentin! the testimon of $itnesses orall in open co#rt( to allo$ the deposition to be #sed= and

.d/ If onl part of a deposition is offered in e*idence b a part ( the ad*erse part ma re)#ire him to introd#ce all of it $hich is rele*ant to the part introd#ced( and an part ma introd#ce an other parts.

Sec. 5. Effect of s#bstit#tion of parties. S#bstit#tion of parties does not affect the ri!ht to #se depositions pre*io#sl ta6en= and( $hen an action has been dismissed and another action in*ol*in! the same s#b-ect is after$ard bro#!ht bet$een the same parties or their representati*es or s#ccessors in interest( all depositions la$f#ll ta6en and d#l filed in the former action ma be #sed in the latter as if ori!inall ta6en therefor. Sec. 1. Ob-ections to admissibilit . S#b-ect to the pro*isions of section "8 of this R#le( ob-ection ma be made at the trial or hearin! to recei*in! in e*idence an deposition or part thereof for an reason $hich $o#ld re)#ire the e%cl#sion of the e*idence if the $itness $ere then present and testif in!. Sec. 3. Effect of ta6in! depositions. A part shall not be deemed to ma6e a person his o$n $itness for an p#rpose b ta6in! his deposition. Sec. 7. Effect of #sin! depositions. The introd#ction in e*idence of the deposition or an part thereof for an p#rpose other than that of contradictin! or impeachin! the deponent ma6es the deponent the $itness of the part introd#cin! the deposition( b#t this shall not appl to the #se b an ad*erse part of a deposition as described in para!raph .b/ of section + of this R#le. Sec. 8. Reb#ttin! deposition. At the trial or hearin!( an part ma reb#t an rele*ant e*idence contained in a deposition $hether introd#ced b him or b an other part . Sec. 10. 2ersons before $hom depositions ma be ta6en $ithin the 2hilippines. ;ithin the 2hilippines( depositions ma be ta6en before an -#d!e( notar p#blic( or the person referred to in section 1+ hereof. Sec. 11. 2ersons before $hom depositions ma be ta6en in forei!n co#ntries. In a forei!n state or co#ntr ( depositions ma be ta6en .a/ on notice before a secretar of embass or le!ation( cons#l !eneral( cons#l( *ice5cons#l( or cons#lar a!ent of the Rep#blic of the 2hilippines= .b/ before s#ch person or officer as ma be appointed b commission or #nder letters ro!ator = or .c/ the person referred to in section 1+ hereof. Sec. 1". 'ommission or letters ro!ator . A commission or letters ro!ator shall be iss#ed onl $hen necessar or con*enient( on application and notice( and on s#ch terms and $ith s#ch direction as are -#st and appropriate. Officers ma be desi!nated in notices or commissions either b name or descripti*e title and letters ro!ator ma be addressed to the appropriate -#dicial a#thorit in the forei!n co#ntr .

Sec. 1&. 9is)#alification b interest. No deposition shall be ta6en before a person $ho is a relati*e $ithin the si%th de!ree of consan!#init or affinit ( or emplo ee or co#nsel of an of the parties= or $ho is a relati*e $ithin the same de!ree( or emplo ee of s#ch co#nsel= or $ho is financiall interested in the action. Sec. 1+. Stip#lations re!ardin! ta6in! of depositions. If the parties so stip#late in $ritin!( depositions ma be ta6en before an person a#thoriAed to administer oaths( at an time or place( in accordance $ith these R#les( and $hen so ta6en ma be #sed li6e other depositions. Sec. 15. 9eposition #pon oral e%amination= notice= time and place. A part desirin! to ta6e the deposition of an person #pon oral e%amination shall !i*e reasonable notice in $ritin! to e*er other part to the action. The notice shall state the time and place for ta6in! the deposition and the name and address of each person to be e%amined( if 6no$n( and if the name is not 6no$n( a !eneral description s#fficient to identif him or the partic#lar class or !ro#p to $hich he belon!s. On motion of an part #pon $hom the notice is ser*ed( the co#rt ma for ca#se sho$n enlar!e or shorten the time. Sec. 11. Orders for the protection of parties and deponents. After notice is ser*ed for ta6in! a deposition b oral e%amination( #pon motion seasonabl made b an part or b the person to be e%amined and for !ood ca#se sho$n( the co#rt in $hich the action is pendin! ma ma6e an order that the deposition shall not be ta6en( or that it ma be ta6en onl at some desi!nated place other than that stated in the notice( or that it ma be ta6en onl on $ritten interro!atories( or that certain matters shall not be in)#ired into( or that the scope of the e%amination shall be held $ith no one present e%cept the parties to the action and their officers or co#nsel( or that after bein! sealed the deposition shall be opened onl b order of the co#rt( or that secret processes( de*elopments( or research need not be disclosed( or that the parties shall sim#ltaneo#sl file specified doc#ments or information enclosed in sealed en*elopes to be opened as directed b the co#rt= or the co#rt ma ma6e an other order $hich -#stice re)#ires to protect the part or $itness from anno ance( embarrassment( or oppression. Sec. 13. Record of e%amination= oath= ob-ections. The officer before $hom the deposition is to be ta6en shall p#t the $itness on oath and shall personall ( or b some one actin! #nder his direction and in his presence( record the testimon of the $itness. The testimon shall be ta6en steno!raphicall #nless the parties a!ree other$ise. All ob-ections made at the time of the e%amination to the )#alifications of the officer ta6in! the deposition( or to the manner of ta6in! it( or to the e*idence presented( or to the cond#ct of an part ( and an other ob-ection to the proceedin!s( shall be noted b the officer #pon the deposition. E*idence ob-ected to shall be ta6en s#b-ect to the ob-ections. In lie# of participatin! in the oral e%amination( parties ser*ed $ith notice of ta6in! a deposition ma transmit $ritten interro!atories to the officers( $ho shall propo#nd them to the $itness and record the ans$ers *erbatim.

Sec. 17. Motion to terminate or limit e%amination. At an time d#rin! the ta6in! of the deposition( on motion or petition of an part or of the deponent and #pon a sho$in! that the e%amination is bein! cond#cted in bad faith or in s#ch manner as #nreasonabl to anno ( embarrass( or oppress the deponent or part ( the co#rt in $hich the action is pendin! or the Re!ional Trial 'o#rt of the place $here the deposition is bein! ta6en ma order the officer cond#ctin! the e%amination to cease forth$ith from ta6in! the deposition( or ma limit the scope and manner of the ta6in! of the deposition( as pro*ided in section 11 of this R#le. If the order made terminates the e%amination( it shall be res#med thereafter onl #pon the order of the co#rt in $hich the action is pendin!. Upon demand of the ob-ectin! part or deponent( the ta6in! of the deposition shall be s#spended for the time necessar to ma6e a notice for an order. In !rantin! or ref#sin! s#ch order( the co#rt ma impose #pon either part or #pon the $itness the re)#irement to pa s#ch costs or e%penses as the co#rt ma deem reasonable. Sec. 18. S#bmission to $itness= chan!es= si!nin!. ;hen the testimon is f#ll transcribed( the deposition shall be s#bmitted to the $itness for e%amination and shall be read to or b him( #nless s#ch e%amination and readin! are $ai*ed b the $itness and b the parties. An chan!es in form or s#bstance $hich the $itness desires to ma6e shall be entered #pon the deposition b the officer $ith a statement of the reasons !i*en b the $itness for ma6in! them. The deposition shall then be si!ned b the $itness( #nless the parties b stip#lation $ai*e the si!nin! or the $itness is ill or cannot be fo#nd or ref#ses to si!n. If the deposition is not si!ned b the $itness( the officer shall si!n it and state on the record the fact of the $ai*er or of the illness or absence of the $itness or the fact of the ref#sal to si!n to!ether $ith the reason !i*en therefor( if an ( and the deposition ma then be #sed as f#ll as tho#!h si!ned( #nless on a motion to s#ppress #nder section "8 .f/ of this R#le( the co#rt holds that the reasons !i*en for the ref#sal to si!n re)#ire re-ection of the deposition in $hole or in part. Sec. "0. 'ertification and filin! b officer. The officer shall certif on the deposition that the $itness $as d#l s$orn to b him and that the deposition is a tr#e record of the testimon !i*en b the $itness. ,e shall then sec#rel seal the deposition in an en*elope indorsed $ith the title of the action and mar6ed B9eposition of .here insert the name of $itness/B and shall promptl file it $ith the co#rt in $hich the action is pendin! or send it b re!istered mail to the cler6 thereof for filin!. Sec. "1. Notice of filin!. The officer ta6in! the deposition filin! to all the parties.

shall

!i*e

prompt

notice

of

its

Sec. "". 4#rnishin! copies. Upon pa ment of reasonable char!es therefor( the officer shall f#rnish a cop of the deposition to an part or to the deponent.

Sec. "&. 4ail#re to attend of part !i*in! notice. If the part !i*in! the notice of the ta6in! of a deposition fails to attend and proceed there$ith and another attends in person or b co#nsel p#rs#ant to the notice( the co#rt ma order the part !i*in! the notice to pa s#ch other part the amo#nt of the reasonable e%penses inc#rred b him and his co#nsel in so attendin!( incl#din! reasonable attorne Cs fees. Sec. "+. 4ail#re of part !i*in! notice to ser*e s#bpoena. If the part !i*in! the notice of the ta6in! of a deposition of a $itness fails to ser*e a s#bpoena #pon him and the $itness beca#se of s#ch fail#re does not attend( and if another part attends in person or b co#nsel beca#se he e%pects the deposition of that $itness to be ta6en( the co#rt ma order the part !i*in! the notice to pa to s#ch other part the amo#nt of the reasonable e%penses inc#rred b him and his co#nsel in so attendin!( incl#din! reasonable attorne Cs fees. Sec. "5. 9eposition #pon $ritten interro!atories= ser*ice of notice and of interro!atories. A part desirin! to ta6e the deposition of an person #pon $ritten interro!atories shall ser*e them #pon e*er other part $ith a notice statin! the name and address of the person $ho is to ans$er them and the name or descripti*e title and address of the officer before $hom the deposition is to be ta6en. ;ithin ten .10/ da s thereafter( a part so ser*ed ma ser*e cross5interro!atories #pon the part proposin! to ta6e the deposition. ;ithin fi*e .5/ da s thereafter( the latter ma ser*e re5direct interro!atories #pon a part $ho has ser*ed cross5 interro!atories. ;ithin three .&/ da s after bein! ser*ed $ith re5 direct interro!atories( a part ma ser*e recross5interro!atories #pon the part proposin! to ta6e the deposition. Sec. "1. Officers to ta6e responses and prepare record. A cop of the notice and copies of all interro!atories ser*ed shall be deli*ered b the part ta6in! the deposition to the officer desi!nated in the notice( $ho shall proceed promptl ( in the manner pro*ided b sections 13( 18 and "0 of this R#le( to ta6e the testimon of the $itness in response to the interro!atories and to prepare( certif ( and file or mail the deposition( attachin! thereto the cop of the notice and the interro!atories recei*ed b him. Sec. "3. Notice of filin! and f#rnishin! copies. ;hen a deposition #pon interro!atories is filed( the officer ta6in! it shall promptl !i*e notice thereof to all the parties( and ma f#rnish copies to them or to the deponent #pon pa ment of reasonable char!es therefor. Sec. "7. Orders for the protection of parties and deponents. After the ser*ice of the interro!atories and prior to the ta6in! of the testimon of the deponent( the co#rt in $hich the action is pendin!( on motion promptl made b a part or a deponent( and for !ood ca#se sho$n( ma ma6e an order specified in sections 15( 11 and 17 of this R#le $hich is appropriate and -#st or an order that the deposition shall not be ta6en before the officer desi!nated in the notice or that it shall not be ta6en e%cept #pon oral e%amination.

Sec. "8. Effects of errors and irre!#larities in depositions. .a/ As to notice.5 All errors and irre!#larities in the notice for ta6in! a deposition are $ai*ed #nless $ritten ob-ection is promptl ser*ed #pon the part !i*in! the notice. .b/ As to dis)#alification of officer.5 Ob-ection to ta6in! a deposition beca#se of dis)#alification of the officer before $hom it is to be ta6en is $ai*ed #nless made before the ta6in! of the deposition be!ins or as soon thereafter as the dis)#alification becomes 6no$n or co#ld be disco*ered $ith reasonable dili!ence. .c/ As to competenc or rele*anc of e*idence.5 Ob-ections to the competenc of a $itness or the competenc ( rele*anc ( or materialit of testimon are not $ai*ed b fail#re to ma6e them before or d#rin! the ta6in! of the deposition( #nless the !ro#nd of the ob-ection is one $hich mi!ht ha*e been ob*iated or remo*ed if presented at that time. .d/ As to oral e%amination and other partic#lars.5 Errors and irre!#larities occ#rrin! at the oral e%amination in the manner of ta6in! the deposition( in the form of the )#estions or ans$ers( in the oath or affirmation( or in the cond#ct of the parties and errors of an 6ind $hich mi!ht be ob*iated( remo*ed( or c#red if promptl prosec#ted( are $ai*ed #nless reasonable ob-ection thereto is made at the ta6in! of the deposition. .e/ As to form of $ritten interro!atories.5 Ob-ections to the form of $ritten interro!atories s#bmitted #nder sections "5 and "1 of this R#le are $ai*ed #nless ser*ed in $ritin! #pon the part propo#ndin! them $ithin the time allo$ed for ser*in! s#cceedin! cross or other interro!atories and $ithin three .&/ da s after ser*ice of the last interro!atories a#thoriAed. .f/ As to manner of preparation.5 Errors and irre!#larities in the manner in $hich the testimon is transcribed or the deposition is prepared( si!ned( certified( sealed( indorsed( transmitted( filed( or other$ise dealt $ith b the officer #nder sections 13( 18( "0 and "1 of this R#le are $ai*ed #nless a motion to s#ppress the deposition or some part thereof is made $ith reasonable promptness after s#ch defect is( or $ith d#e dili!ence mi!ht ha*e been( ascertained. RULE "+ 9E2OSITIONS @E4ORE A'TION OR 2EN9IN: A22EAL. Section 1. 9epositions before action= petition. A person $ho desires to perpet#ate his o$n testimon or that of another person re!ardin! an matter that ma be co!niAable in an co#rt of the 2hilippines( ma file a *erified petition in the co#rt of the place of the residence of an e%pected ad*erse part .

10

Sec. ". 'ontents of petition. The petition shall be entitled in the name of the petitioner and shall sho$< .a/ that the petitioner e%pects to be a part to an action in a co#rt of the 2hilippines b#t is presentl #nable to brin! it or ca#se it to be bro#!ht= .b/ the s#b-ect matter of the e%pected action and his interest therein= .c/ the facts $hich he desires to establish b the proposed testimon and his reasons for desirin! to perpet#ate it= .d/ the names or a description of the persons he e%pects $ill be ad*erse parties and their addresses so far as 6no$n= and .e/ the names and addresses of the persons to be e%amined and the s#bstance of the testimon $hich he e%pects to elicit from each( and shall as6 for an order a#thoriAin! the petitioner to ta6e the depositions of the persons to be e%amined named in the petition for the p#rpose of perpet#atin! their testimon . Sec. &. Notice and ser*ice. The petitioner shall ser*e a notice #pon each person named in the petition as an e%pected ad*erse part ( to!ether $ith a cop of the petition( statin! that the petitioner $ill appl to the co#rt( at a time and place named therein( for the order described in the petition. At least t$ent ."0/ da s before the date of the hearin!( the co#rt shall ca#se notice thereof to be ser*ed on the parties and prospecti*e deponents in the manner pro*ided for ser*ice of s#mmons. Sec. +. Order and e%amination. If the co#rt is satisfied that the perpet#ation of the testimon ma pre*ent a fail#re or dela of -#stice( it shall ma6e an order desi!natin! or describin! the persons $hose deposition ma be ta6en and specif in! the s#b-ect matter of the e%amination and $hether the depositions shall be ta6en #pon oral e%amination or $ritten interro!atories. The depositions ma then be ta6en in accordance $ith R#le "& before the hearin!. Sec. 5. Reference to co#rt. 4or the p#rpose of appl in! R#le "& to depositions for perpet#atin! testimon ( each reference therein to the co#rt in $hich the action is pendin! shall be deemed to refer to the co#rt in $hich the petition for s#ch deposition $as filed. Sec. 1. Use of deposition. If a deposition to perpet#ate testimon is ta6en #nder this R#le( or if( altho#!h not so ta6en( it $o#ld be admissible in e*idence( it ma be #sed in an action in*ol*in! the same s#b-ect matter s#bse)#entl bro#!ht in accordance $ith the pro*isions of sections + and 5 of R#le "&.

11

Sec. 3. 9epositions pendin! appeal. If an appeal has been ta6en from a -#d!ment of a co#rt( incl#din! the 'o#rt of Appeals in proper cases( or before the ta6in! of an appeal if the time therefor has not e%pired( the co#rt in $hich the -#d!ment $as rendered ma allo$ the ta6in! of depositions of $itnesses to perpet#ate their testimon for #se in the e*ent of f#rther proceedin!s in the said co#rt. In s#ch case the part $ho desires to perpet#ate the testimon ma ma6e a motion in the said co#rt for lea*e to ta6e the depositions( #pon the same notice and ser*ice thereof as if the action $as pendin! therein. The motion shall state .a/ the names and addresses of the persons to be e%amined and the s#bstance of the testimon $hich he e%pects to elicit from each= and .b/ the reason for perpet#atin! their testimon . If the co#rt finds that the perpet#ation of the testimon is proper to a*oid a fail#re or dela of -#stice( it ma ma6e an order allo$in! the depositions to be ta6en( and there#pon the depositions ma be ta6en and #sed in the same manner and #nder the same conditions as are prescribed in these R#les for depositions ta6en in pendin! actions. RULE "5 INTERRO:ATORIES TO 2ARTIES Section 1. Interro!atories to parties= ser*ice thereof. Under the same conditions specified in section 1 of R#le "&( an part desirin! to elicit material and rele*ant facts from an ad*erse parties shall file and ser*e #pon the latter $ritten interro!atories to be ans$ered b the part ser*ed or( if the part ser*ed is a p#blic or pri*ate corporation or a partnership or association( b an officer thereof competent to testif in its behalf. Sec. ". Ans$er to interro!atories. The interro!atories shall be ans$ered f#ll in $ritin! and shall be si!ned and s$orn to b the person ma6in! them. The part #pon $hom the interro!atories ha*e been ser*ed shall file and ser*e a cop of the ans$ers on the part s#bmittin! the interro!atories $ithin fifteen .15/ da s after ser*ice thereof( #nless the co#rt( on motion and for !ood ca#se sho$n( e%tends or shortens the time. Sec. &. Ob-ections to interro!atories. Ob-ections to an interro!atories ma be presented to the co#rt $ithin ten .10/ da s after ser*ice thereof( $ith notice as in case of a motion= and ans$ers shall be deferred #ntil the ob-ections are resol*ed( $hich shall be at as earl a time as is practicable. Sec. +. N#mber of interro!atories. No part ma ( $itho#t lea*e of co#rt( ser*e more than one set of interro!atories to be ans$ered b the same part . Sec. 5. Scope and #se of interro!atories. Interro!atories ma relate to an matters that can be in)#ired into #nder section " of R#le "&( and the ans$ers ma be #sed for the same p#rposes pro*ided in section + of the same R#le.

12

Sec. 1. Effect of fail#re to ser*e $ritten interro!atories. Unless thereafter allo$ed b the co#rt for !ood ca#se sho$n and to pre*ent a fail#re of -#stice( a part not ser*ed $ith $ritten interro!atories ma not be compelled b the ad*erse part to !i*e testimon in open co#rt( or to !i*e a deposition pendin! appeal. RULE "1 A9MISSION @D A9?ERSE 2ARTD Section 1. Re)#est for admission. At an time after iss#es ha*e been -oined( a part ma file and ser*e #pon an other part a $ritten re)#est for the admission b the latter of the !en#ineness of an material and rele*ant doc#ment described in and e%hibited $ith the re)#est or of the tr#th of an material and rele*ant matter of fact set forth in the re)#est. 'opies of the doc#ments shall be deli*ered $ith the re)#est #nless copies ha*e alread been f#rnished. Sec. ". Implied admission. Each of the matters of $hich an admission is re)#ested shall be deemed admitted #nless( $ithin a period desi!nated in the re)#est( $hich shall not be less than fifteen .15/ da s after ser*ice thereof( or $ithin s#ch f#rther time as the co#rt ma allo$ on motion( the part to $hom the re)#est is directed files and ser*es #pon the part re)#estin! the admission a s$orn statement either den in! specificall the matters of $hich an admission is re)#ested or settin! forth in detail the reasons $h he cannot tr#thf#ll either admit or den those matters. Ob-ections to an re)#est for admission shall be s#bmitted to the co#rt b the part re)#ested $ithin the period for and prior to the filin! of his s$orn statement as contemplated in the precedin! para!raph and his compliance there$ith shall be deferred #ntil s#ch ob-ections are resol*ed( $hich resol#tion shall be made as earl as practicable.

Sec. &. Effect of admission. An admission made b a part p#rs#ant to s#ch re)#est is for the p#rpose of the pendin! action onl and shall not constit#te an admission b him for an other p#rpose nor ma the same be #sed a!ainst him in an other proceedin!. Sec. +. ;ithdra$al. The co#rt ma allo$ the part ma6in! an admission #nder this R#le( $hether e%press or implied( to $ithdra$ or amend it #pon s#ch terms as ma be -#st. Sec. 5. Effect of fail#re to file and ser*e re)#est for admission. Unless other$ise allo$ed b the co#rt for !ood ca#se sho$n and to pre*ent a fail#re of -#stice( a part $ho fails to file and ser*e a re)#est for admission on the ad*erse part of material and rele*ant facts at iss#e $hich are( or o#!ht to be( $ithin the personal 6no$led!e of the latter( shall not be permitted to present e*idence on s#ch facts. RULE "3

13

2RO9U'TION OR INS2E'TION O4 9O'UMENTS OR T,IN:S Section 1. Motion for prod#ction or inspection= order. Upon motion of an part sho$in! !ood ca#se therefor( the co#rt in $hich an action is pendin! ma .a/ order an part to prod#ce and permit the inspection and cop in! or photo!raphin!( b or on behalf of the mo*in! part ( of an desi!nated doc#ments( papers( boo6s( acco#nts( letters( photo!raphs( ob-ects or tan!ible thin!s( not pri*ile!ed( $hich constit#te or contain e*idence material to an matter in*ol*ed in the action and $hich are in his possession( c#stod or control= or .b/ order an part to permit entr #pon desi!nated land or other propert in his possession or control for the p#rpose of inspectin!( meas#rin!( s#r*e in!( or photo!raphin! the propert or an desi!nated rele*ant ob-ect or operation thereon. The order shall specif the time( place and manner of ma6in! the inspection and ta6in! copies and photo!raphs( and ma prescribe s#ch terms and conditions as are -#st. RULE "7 2,DSI'AL AN9 MENTAL EEAMINATION O4 2ERSONS Section 1. ;hen e%amination ma be ordered. In an action in $hich the mental or ph sical condition of a part is in contro*ers ( the co#rt in $hich the action is pendin! ma in its discretion order him to s#bmit to a ph sical or mental e%amination b a ph sician. Sec. ". Order for e%amination. The order for e%amination ma be made sho$n and #pon notice to the part to parties( and shall specif the time( scope of the e%amination and the person made.

onl on motion for !ood ca#se be e%amined and to all other place( manner( conditions and or persons b $hom it is to be

Sec. &. Report of findin!s. If re)#ested b the part e%amined( the part ca#sin! the e%amination to be made shall deli*er to him a cop of a detailed $ritten report of the e%aminin! ph sician settin! o#t his findin!s and concl#sions. After s#ch re)#est and deli*er ( the part ca#sin! the e%amination to be made shall be entitled #pon re)#est to recei*e from the part e%amined a li6e report of an e%amination( pre*io#sl or thereafter made( of the same mental or ph sical condition. If the part e%amined ref#ses to deli*er s#ch report( the co#rt on motion and notice ma ma6e an order re)#irin! deli*er on s#ch terms as are -#st( and if a ph sician fails or ref#ses to ma6e s#ch a report the co#rt ma e%cl#de his testimon if offered at the trial. Sec. +. ;ai*er of pri*ile!e. @ re)#estin! and obtainin! a report of the e%amination so ordered or b ta6in! the deposition of the e%aminer( the part e%amined $ai*es an pri*ile!e he ma ha*e in that action or an other in*ol*in! the same contro*ers ( re!ardin! the testimon of e*er other person $ho has e%amined or ma thereafter e%amine him in respect of the same mental or ph sical e%amination. RULE &&

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9EMURRER TO E?I9EN'E Section 1. 9em#rrer to e*idence. After the plaintiff has completed the presentation of his e*idence( the defendant ma mo*e for dismissal on the !ro#nd that #pon the facts and the la$ the plaintiff has sho$n no ri!ht to relief. If his motion is denied( he shall ha*e the ri!ht to present e*idence. If the motion is !ranted b#t on appeal the order of dismissal is re*ersed he shall be deemed to ha*e $ai*ed the ri!ht to present e*idence. RULE &+ FU9:MENT ON T,E 2LEA9IN:S Section 1. F#d!ment on the pleadin!s. ;here an ans$er fails to tender an iss#e( or other$ise admits the material alle!ations of the ad*erse part Cs pleadin!( the co#rt ma ( on motion of that part ( direct -#d!ment on s#ch pleadin!. ,o$e*er( in actions for declaration of n#llit or ann#lment of marria!e or for le!al separation( the material facts alle!ed in the complaint shall al$a s be pro*ed. RULE &5 SUMMARD FU9:MENTS Section 1. S#mmar -#d!ment for claimant. A part see6in! to reco*er #pon a claim( co#nterclaim( or cross5claim or to obtain a declarator relief ma ( at an time after the pleadin! in ans$er thereto has been ser*ed( mo*e $ith s#pportin! affida*its( depositions or admissions for a s#mmar -#d!ment in his fa*or #pon all or an part thereof. Sec. ". S#mmar -#d!ment for defendin! part . A part a!ainst $hom a claim( co#nterclaim( or cross5claim is asserted or a declarator relief is so#!ht ma ( at an time( mo*e $ith s#pportin! affida*its( depositions or admissions for a s#mmar -#d!ment in his fa*or as to all or an part thereof. Sec. &. Motion and proceedin!s thereon. The motion shall be ser*ed at least ten .10/ da s before the time specified for the hearin!. The ad*erse part ma ser*e opposin! affida*its( depositions( or admissions at least three .&/ da s before the hearin!. After the hearin!( the -#d!ment so#!ht shall be rendered forth$ith if the pleadin!s( s#pportin! affida*its( depositions( and admissions on file( sho$ that( e%cept as to the amo#nt of dama!es( there is no !en#ine iss#e as to an material fact and that the mo*in! part is entitled to a -#d!ment as a matter of la$.

Sec. +. 'ase not f#ll

ad-#dicated on motion.

15

If on motion #nder this R#le( -#d!ment is not rendered #pon the $hole case or for all the reliefs so#!ht and a trial is necessar ( the co#rt at the hearin! of the motion( b e%aminin! the pleadin!s and the e*idence before it and b interro!atin! co#nsel shall ascertain $hat material facts e%ist $itho#t s#bstantial contro*ers and $hat are act#all and in !ood faith contro*erted. It shall there#pon ma6e an order specif in! the facts that appear $itho#t s#bstantial contro*ers ( incl#din! the e%tent to $hich the amo#nt of dama!es or other relief is not in contro*ers ( and directin! s#ch f#rther proceedin!s in the action as are -#st. The facts so specified shall be deemed established( and the trial shall be cond#cted on the contro*erted facts accordin!l . Sec. 5. 4orm of affida*its and s#pportin! papers. S#pportin! and opposin! affida*its shall be made on personal 6no$led!e( shall set forth s#ch facts as $o#ld be admissible in e*idence( and shall sho$ affirmati*el that the affiant is competent to testif to the matters stated therein. 'ertified tr#e copies of all papers or parts thereof referred to in the affida*it shall be attached thereto or ser*ed there$ith. Sec. 1. Affida*its in bad faith. Sho#ld it appear to its satisfaction at an time that an of the affida*its presented p#rs#ant to this R#le are presented in bad faith( or solel for the p#rpose of dela ( the co#rt shall forth$ith order the offendin! part or co#nsel to pa to the other part the amo#nt of the reasonable e%penses $hich the filin! of the affida*its ca#sed him to inc#r( incl#din! attorne Cs fees. It ma ( after hearin!( f#rther ad-#d!e the offendin! part or co#nsel !#ilt of contempt. RULE &3 NE; TRIAL OR RE'ONSI9ERATION Section 1. :ro#nds of and period for filin! motion for ne$ trial or reconsideration. ;ithin the period for ta6in! an appeal( the a!!rie*ed part ma mo*e the trial co#rt to set aside the -#d!ment or final order and !rant a ne$ trial for one or more of the follo$in! ca#ses materiall affectin! the s#bstantial ri!hts of said part < .a/ 4ra#d( accident( mista6e or e%c#sable ne!li!ence $hich ordinar pr#dence co#ld not ha*e !#arded a!ainst and b reason of $hich s#ch a!!rie*ed part has probabl been impaired in his ri!hts= or .b/ Ne$l disco*ered e*idence( $hich he co#ld not( $ith reasonable dili!ence( ha*e disco*ered and prod#ced at the trial( and $hich if presented $o#ld probabl alter the res#lt. ;ithin the same period( the a!!rie*ed part ma also mo*e for reconsideration #pon the !ro#nds that the dama!es a$arded are e%cessi*e( that the e*idence is ins#fficient to -#stif the decision or final order( or that the decision or final order is contrar to la$. Sec. ". 'ontents thereof. of motion for ne$ trial or reconsideration and notice

16

The motion shall be made in $ritin! statin! the !ro#nd or !ro#nds therefor( a $ritten notice of $hich shall be ser*ed b the mo*ant on the ad*erse part . A motion for ne$ trial shall be pro*ed in the manner pro*ided for proof of motions. A motion for the ca#se mentioned in para!raph .a/ of the precedin! section shall be s#pported b affida*its of merits $hich ma be reb#tted b affida*its. A motion for the ca#se mentioned in para!raph .b/ shall be s#pported b affida*its of the $itnesses b $hom s#ch e*idence is e%pected to be !i*en( or b d#l a#thenticated doc#ments $hich are proposed to be introd#ced in e*idence. A motion for reconsideration shall point o#t specificall the findin!s or concl#sions of the -#d!ment or final order $hich are not s#pported b the e*idence or $hich are contrar to la$( ma6in! e%press reference to the testimonial or doc#mentar e*idence or to the pro*isions of la$ alle!ed to be contrar to s#ch findin!s or concl#sions. A pro forma motion for ne$ trial or reconsideration shall not toll the re!lementar period of appeal.

Sec. &. Action #pon motion for ne$ trial or reconsideration. The trial co#rt ma set aside the -#d!ment or final order and !rant a ne$ trial( #pon s#ch terms as ma be -#st( or ma den the motion. If the co#rt finds that e%cessi*e dama!es ha*e been a$arded or that the -#d!ment or final order is contrar to the e*idence or la$( it ma amend s#ch -#d!ment or final order accordin!l . Sec. +. Resol#tion of motion. A motion for ne$ trial or reconsideration shall be resol*ed $ithin thirt .&0/ da s from the time it is s#bmitted for resol#tion. Sec. 5. Second motion for ne$ trial. A motion for ne$ trial shall incl#de all !ro#nds then a*ailable and those not so incl#ded shall be deemed $ai*ed. A second motion for ne$ trial( based on a !ro#nd not e%istin! nor a*ailable $hen the first motion $as made( ma be filed $ithin the time herein pro*ided e%cl#din! the time d#rin! $hich the first motion had been pendin!. No part shall be allo$ed a second motion for reconsideration of a -#d!ment or final order.

Sec. 1. Effect of !rantin! of motion for ne$ trial. If a ne$ trial is !ranted in accordance $ith the pro*isions of this R#le( the ori!inal -#d!ment or final order shall be *acated( and the action shall stand for trial de no*o= b#t the recorded e*idence ta6en #pon the former trial( in so far as the same is material and competent to establish the iss#es( shall be #sed at the ne$ trial $itho#t reta6in! the same. Sec.3. 2artial ne$ trial or reconsideration.

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If the !ro#nds for a motion #nder this R#le appear to the co#rt to affect the iss#es as to onl a part( or less than all of the matter in contro*ers ( or onl one( or less than all( of the parties to it( the co#rt ma order a ne$ trial or !rant reconsideration as to s#ch iss#es if se*erable $itho#t interferin! $ith the -#d!ment or final order #pon the rest. Sec. 7. Effect of order for partial ne$ trial. ;hen less than all of the iss#es are ordered retried( the co#rt ma either enter a -#d!ment or final order as to the rest( or sta the enforcement of s#ch -#d!ment or final order #ntil after the ne$ trial. Sec. 8. Remed a!ainst order den in! a motion for ne$ trial or reconsideration. An order den in! a motion for ne$ trial or reconsideration is not appealable( the remed bein! an appeal from the -#d!ment or final order. RULE 53 2RELIMINARD ATTA',MENT Section 1. :ro#nds #pon $hich attachment ma iss#e.

At the commencement of the action or at an time before entr of -#d!ment( a plaintiff or an proper part ma ha*e the propert of the ad*erse part attached as sec#rit for the satisfaction of an -#d!ment that ma be reco*ered in the follo$in! cases< .a/ In an action for the reco*er of a specified amo#nt of mone or dama!es( other than moral and e%emplar ( on a ca#se of action arisin! from la$( contract( )#asi5contract( delict or )#asi5 delict a!ainst a part $ho is abo#t to depart from the 2hilippines $hich intent to defra#d his creditors= .b/ In an action for mone or propert embeAAled or fra#d#lentl misapplied or con*erted to his o$n #se b a p#blic officer( or an officer of a corporation( or an attorne ( factor( bro6er a!ent( or cler6( in the co#rse of his emplo ment as s#ch( or b other person in a fid#ciar capacit ( or for a $illf#l *iolation of d#t = .c/ In an action to reco*er the possession of propert #n-#stl or fra#d#lentl ta6en( detained or con*erted( $hen the propert ( or an part thereof( has been concealed( remo*ed( or disposed of to pre*ent its bein! fo#nd or ta6en b the applicant or an a#thoriAed person= .d/ In an action a!ainst a part $ho has been !#ilt of a fra#d in contractin! the debt or inc#rrin! the obli!ation #pon $hich the action is bro#!ht( or in the performance thereof= .e/ In an action a!ainst a part $ho has remo*ed or disposed of his propert ( or is abo#t to do so( $ith intent to defra#d his creditors= or

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.f/ In an action a!ainst a part $ho does not reside and is not fo#nd in the 2hilippines( or on $hom s#mmons ma be ser*ed b p#blication. Sec. ". Iss#ance and contents of order.

An order of attachment ma be iss#ed either e% parte or #pon motion $ith notice and hearin! b the co#rt in $hich the action is pendin!( or b the 'o#rt of Appeals or the S#preme 'o#rt( and m#st re)#ire the sheriff of the co#rt to attach so m#ch of the propert in the 2hilippines of the part a!ainst $hom it is iss#ed( not e%empt from e%ec#tion( as ma be s#fficient to satisf the applicant>s demand( #nless s#ch part ma6es deposit or !i*es a bond as hereinafter pro*ided in an amo#nt e)#al to that fi%ed in the order( $hich ma be the amo#nt s#fficient to satisf the applicant>s demand or the *al#e of the propert to be attached as stated b the applicant( e%cl#si*e of costs. Se*eral $rits ma be iss#ed at the same time to the sheriffs of the co#rts of different -#dicial re!ions. Sec. &. Affida*it and bond re)#ired. An order of attachment shall be !ranted onl $hen it appears b the affida*it of the applicant( or of some other person $ho personall 6no$s the facts( that a s#fficient ca#se of action e%ists( that the case is one of those mentioned in section 1 hereof( that there is no other s#fficient sec#rit for the claim so#!ht to be enforced b the action( and that the amo#nt d#e to the applicant( or the *al#e of the propert the possession of $hich he is entitled to reco*er( is as m#ch as the s#m for $hich the order is !ranted abo*e all le!al co#nterclaims. The affida*it( and the bond re)#ired b the ne%t s#cceedin! section( m#st be d#l filed $ith the co#rt before the order iss#es. Sec. +. 'ondition of applicant>s bond. The part appl in! for the order m#st thereafter !i*e a bond e%ec#ted to the ad*erse part in the amo#nt fi%ed b the co#rt in its order !rantin! the iss#ance of the $rit( conditioned that the latter $ill pa all the costs $hich ma be ad-#d!ed to the ad*erse part and all dama!es $hich he ma s#stain b reason of the attachment( if the co#rt shall finall ad-#d!ed that hte applicant $as not entitled there to. Sec. 5. Manner of attachin! propert . The sheriff enforcin! the $rit shall $itho#t dela and $ith all reasonable dili!ence attach( to a$ait -#d!ment and e%ec#tion in the action( onl so m#ch of the propert in the 2hilippines of the part a!ainst $hom the $rit is iss#ed( not e%empt from e%ec#tion( as ma be s#fficient to satisf the applicant>s demand( #nless the former ma6es a deposit $ith the co#rt from $hich the $rit is iss#ed( or !i*es a co#nterbond e%ec#ted to the applicant( in an amo#nt e)#al to the bond fi%ed b the co#rt in the order of attachment or to the *al#e of the propert to be attached( e%cl#si*e of costs. No le* on attachment p#rs#ant to the $rit iss#ed #nder section " hereof shall be enforced #nless it is preceded( or contemporaneo#sl accompanied( b ser*ice of s#mmons( to!ether $ith a cop of the complaint( the application for

19

attachment( the applicant>s affida*it and bond( and the order and $rit of attachment( on the defendant $ithin the 2hilippines. The re)#irement of prior or contemporaneo#s ser*ice of s#mmons shall not appl $here the s#mmons co#ld not be ser*ed personall or b s#bstit#ted ser*ice despite dili!ent efforts( or the defendant is a resident of the 2hilippines temporaril absent therefrom( or the defendant is a non5resident of the 2hilippines( or the action is one in rem or )#asi in rem. Sec. 1. Sheriff>s ret#rn. After enforcin! the $rit( the sheriff m#st li6e$ise $itho#t dela ma6e a ret#rn thereon to the co#rt from $hich the $rit iss#ed( $ith a f#ll statement of his proceedin!s #nder the $rit and a complete in*entor of the propert attached( to!ether $ith an co#nter5bond !i*en b the part a!ainst $hom attachment is iss#ed( and ser*e copies thereof on the applicant. Sec. 3. Attachment of real and personal propert = recordin! thereof. Real and personal propert shall be attached b $rit in the follo$in! manner< the sheriff e%ec#tin! the

.a/ Real propert ( or !ro$in! crops thereon( or an interest therein( standin! #ponthe record of the re!istr of deed of the pro*ince in the name of the part a!ainst $hom attachment is iss#ed( or not appearin! at all #pon s#ch records( or belon!in! to the part a!ainst $hom attachment is iss#ed and held b an other person( or standin! on the records of the re!istr of deeds in the name of an other person( b filin! $ith the re!istr of deeds a cop of the order( to!ether $ith a description of the propert attached( and a notice that it is attached( or that s#ch real propert and an interest therein held b or standin! in the name of s#ch other person are attached( and b lea*in! a cop of s#ch order( description( and notice $ith the occ#pant of the propert ( if an ( or $ith s#ch other person or his a!ent if fo#nd $ithin the pro*ince. ;here the propert has been bro#!ht #nder the operation of either the Land Re!istration Act or the 2ropert Re!istration 9ecree( the notice shall contain a reference to the n#mber of the certificate of title( the *ol#me and pa!e in the re!istration boo6 $here the certificate is re!istered( and the re!istered o$ner or o$ners thereof. The re!istrar of deed m#st inde% attachments filed #nder this section in the names of the applicant( the ad*erse part ( or the person b $hom the propert is held or in $hose name it stands in the records. If the attachment is not claimed on the entire area of the land co*ered b the certificate of title( a description s#fficientl acc#rate for the identification of the land or interest to be affected shall be incl#ded in the re!istration of s#ch attachment= .b/ 2ersonal propert capable of man#al deli*er ( b ta6in! and safel 6eepin! it in his c#stod ( after iss#in! the correspondin! receipt therefor=

20

.c/ Stoc6s or shares( corporation or compan a!ent thereof( a cop stoc6 or interest of iss#ed is attached in

or an interest in stoc6s or shares( of an ( b lea*in! $ith the president or mana!in! of the $rit( and a notice statin! that the the part a!ainst $hom the attachment is p#rs#ance of s#ch $rit=

.d/ 9ebts and credits( incl#din! ban6 deposits( financial interest( ro alties( commissions( and other personal propert not capable of man#al deli*er ( b lea*in! $ith the person o$in! s#ch debts( or ha*in! in his possession or #nder his control( s#ch credits or other personal propert ( or $ith his a!ent( a cop of the $rit( and notice that the debts o$in! b him to the part a!ainst $hom attachment is iss#ed( and the credits and other personal propert in his possession( or #nder his control( belon!in! to said part ( are attached in p#rs#ance of s#ch $rit= .e/ The interest of the part $hom attachment is iss#ed in propert belon!in! to the estate of the decedent( $ether as heir( le!atee( or de*isee( b ser*in! the e%ec#tor or administrator or other personal representati*e of the decedent $ith a cop of the $rit and notice that said interest is attached. A cop of said $rit of attachment and of said notice shall also be filed in the office of the cler6 of the co#rt in $hich said estate is bein! settled and ser*ed #pon the heir( le!atee or de*isee concerned. If the propert so#!ht to be attached is in c#stodia le!is( a cop of the $rit of attachment shall be filed $ith the proper co#rt or )#asi5-#dicial a!enc ( and notice of the attachment ser*ed #pon the c#stodian of s#ch propert . Sec. 7. Effect of attachment of debts( credits and all other similar personal propert . All persons ha*in! in their possession or #nder their control an credits or other similar personal propert belon!in! to the part a!ainst $hom attachment is iss#ed( or o$in! an debts to him( at the time of ser*ice #pon them of the cop of the $rit of attachment and notice as pro*ided in the last precedin! section( shall be liable to the applicant for the amo#nt of s#ch credits( debts or other similar personal propert ( #ntil the attachment is dischar!ed( or an -#d!ment reco*ered b him is satisfied( #nless s#ch propert is deli*ered or transferred( or s#ch debts are paid( to the cler6( sheriff( or other proper officer of the co#rt iss#in! the attachment.

Sec. 8. Effect of attachment of interest in propert of a decedent.

belon!in! to the estate

The attachment of the interest of an heir( le!atee( or de*isee in the propert belon!in! to the estate of a decedent shall not impair the po$er of the e%ec#tor( administrator( or other personal representati*e of the decedent o*er s#ch propert for the p#rpose of administration. S#ch personal representati*e( ho$e*er( shall report the attachment to the co#rt $hen an petition for distrib#tion is filed( and in the order

21

made #pon s#ch petition( distrib#tion ma be a$arded to s#ch heir( le!atee( or de*isee( b#t the propert attached shall be ordered deli*ered to the sheriff ma6in! the le* ( s#b-ect to the claim of s#ch heir( le!atee( or de*isee( or an person claimin! #nder him. Sec. 10. E%amination of part $hose propert is attached and persons indebted to him or controllin! his propert = deli*er of propert to sheriff. An person o$in! debts to the part $hose propert is attached or ha*in! in his possession or #nder his control an credit or other personal propert belon!in! to s#ch part ( ma be re)#ired to attend before the co#rt in $hich the action is pendin!( or before a commissioner appointed b the co#rt( and be e%amine on oath respectin! the same. The part $hose propert is attached ma also be re)#ired to attend for the p#rpose of !i*in! information respectin! his propert ( and ma be e%amined on oath. The co#rt ma ( after s#ch e%amination( order personal propert capable of man#al deli*er belon!in! to him( in the possession of the person so re)#ired to attend before the co#rt( to be deli*ered to the cler6 of the co#rt or sheriff on s#ch terms as ma be -#st( ha*in! reference to an lien thereon or claim a!ainst the same( to a$ait the -#d!ment in the action. Sec. 11. ;hen attached propert ma be sold after le* on attachment and before entr of -#d!ment. ;hene*er it shall be made to appear to the co#rt in $hich the action is pendin!( #pon hearin! $ith notice to both parties( that the part attached is perishable( or that the interests of all the parties to the action $ill be $ill be s#bser*ed b the sale thereof( the co#rt ma order s#ch propert to be sold at p#blic a#ction in s#ch manner as it ma direct( and the proceeds of s#ch sale to be deposited in co#rt to abide the -#d!ment in the action. Sec. 1". 9ischar!e of attachment #pon !i*in! co#nterbond. After a $rit of attachment has been enforced( the part $hose propert has been attached( or the person appearin! on his behalf( ma mo*e for the dischar!e of the attachment $holl or in part on the sec#rit !i*en. The co#rt shall( after d#e notice and hearin!( order the dischar!e of the attachment if the mo*ant ma6es a cash deposit( or files a co#nter5bond e%ec#ted to the attachin! part $ith the cler6 of the co#rt $here the application is made( in an amo#nt e)#al to that fi%ed b the co#rt in the order of attachment( e%cl#si*e of costs. @#t if the attachment is so#!ht to be dischar!ed $ith respect to a partic#lar propert ( the co#nter5bond shall be e)#al to the *al#e of that propert as determined b the co#rt. In either case( the cash deposit or the co#nter5bond shall sec#re the pa ment of an -#d!ment that the attachin! part ma reco*er in the action. A notice of the deposit shall forth $ith be ser*ed on the attachin! part . Upon the dischar!e of an attachment in accordance $ith the pro*isions of this section( the propert attached( or the proceeds of an sale thereof( shall be deli*ered to the part ma6in! the deposit or !i*in! the co#nter5bond( or to the person appearin! on his behalf( the deposit or co#nter5bond aforesaid standin! in place of the propert so released. Sho#ld s#ch co#nter5bond for an reason to be fo#nd to be or become ins#fficient( and the part f#rnishin! the same fail to file an additional co#nter5bond( the attachin! part ma appl for a ne$ order of attachment.

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Sec. 1&. 9ischar!e of attachment on other !ro#nds. The part $hose propert has been ordered attached ma file a motion $ith the co#rt in $hich the action is pendin!( before or after le* or e*en after the release of the attached propert ( for an order to set aside or dischar!ed the attachment on the !ro#nd that the same $as improperl or irre!#larl iss#ed or enforced( or that the bond is ins#fficient. If the attachment is e%cessi*e( the dischar!e shall be limited to the e%cess. If the motion be made on affida*its on the part of the mo*ant b#t not other$ise( the attachin! part ma oppose the motion b co#nter5affida*its or other e*idence in addition to that on $hich the attachment $as made. After d#e notice and hearin!( the co#rt shall order the settin! aside or the correspondin! dischar!e of the attachment if it appears that it $as improperl or irre!#larl iss#ed or enforced( or that the bond is ins#fficient( or that the attachment is e%cessi*e( and the defect is not c#red forth$ith. Sec. 1+. 2roceedin!s $here propert claimed b third person.

If the propert attached is claimed b an person other than the part a!ainst $hom attachment had been iss#ed or his a!ent( and s#ch person ma6es an affida*it of his title thereto( or ri!ht to the possession thereof( statin! the !ro#nds of s#ch ri!ht or title( and ser*es s#ch affida*it #pon the sheriff $hile the latter has possession of the attached part ( and a cop thereof #pon the attachin! part ( the sheriff shall not be bo#nd to 6eep the propert #nder attachment( #nless the attachin! part or his a!ent( on demand of the sheriff( shall file a bond appro*ed b the co#rt to indemnif the third5part claimant in a s#m not less than the *al#e of the propert le*ied #pon. In case of disa!reement as to s#ch *al#e( the same shall be decided b the co#rt iss#in! the $rit of attachment. No claim for dama!es for the ta6in! or 6eepin! of the propert ma be enforced a!ainst the bond #nless the action therefor is filed $ithin one h#ndred t$ent .1"0/ da s from the date of the filin! of the bond. The sheriff shall not be liable for dama!es for the ta6in! or 6eepin! of s#ch propert ( to an s#ch third5part claimant( if s#ch bond shall be filed. Nothin! herein contained s#ch pre*ent s#ch claimant or an third person from *indicatin! his claim to the propert ( or pre*ent the attachin! part from claimin! dama!es a!ainst a third5part claimant $ho filed a fri*olo#s or plainl sp#rio#s claim( in the same or a separate action. ;hen the $rit of attachment is iss#ed in fa*or of the Rep#blic of the 2hilippines( or an officer d#l representin! it( the filin! of s#ch bond shall not be re)#ired( and in case the sheriff is s#ed for dama!es as a res#lt of the attachment( he shall be represented b the Solicitor :eneral( and if held liable therefor( the act#al dama!es ad-#d!ed b the co#rt shall be paid b the National Treas#rer o#t of the f#nds to be appropriated for the p#rpose. Sec. 15. sheriff. Satisfaction of -#d!ment o#t of propert attached= ret#rn of

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If -#d!ment be reco*ered b the attachin! part and e%ec#tion iss#e thereon( the sheriff ma ca#se the -#d!ment to be satisfied o#t of the propert attached( if it be s#fficient for that p#rpose in the follo$in! manner< .a/ @ pa in! to the -#d!ment obli!ee the proceeds of all sales of perishable or other propert sold in p#rs#ance of the order of the co#rt( or so m#ch as shall be necessar to satisf the -#d!ment= .b/ If an balance remains d#e( b sellin! so m#ch of the propert ( real or personal( as ma be necessar to satisf the balance( if eno#!h for that p#rpose remain in the sheriff>s hands( or in those of the cler6 of the co#rt= .c/ @ collectin! from all persons ha*in! in their possession credits belon!in! to the -#d!ment obli!or( or o$in! debts to the latter at the time of the attachment of s#ch credits or debts( the amo#nt of s#ch credits and debts as determine b the co#rt in the action( and stated in the -#d!ment( and pa in! the proceeds of s#ch collection o*er to the -#d!ment obli!ee. The sheriff shall forth$ith ma6e a ret#rn in $ritin! to the co#rt of his proceedin!s #nder this section and f#rnish the parties $ith copies thereof.

Sec. 11. @alance d#e collected #pon an e%ec#tion= e%cess deli*ered to -#d!ment obli!or. After realiAin! #pon all the propert attached( incl#din! the proceed of an debts or credits collected( and appl in! the proceeds to the satisfaction of the -#d!ment( less the e%penses of proceedin!s #pon the -#d!ment( an balance shall remain d#e( the sheriff m#st proceed to collect s#ch balance as #pon ordinar e%ec#tion. ;hene*er the -#d!ment shall ha*e been paid( the sheriff( #pon reasonable demand( m#st ret#rn to the -#d!ment obli!or the attached propert remainin! in his hands( and an proceeds of the sale of the propert attached not applied to the -#d!ment. Sec. 13. Reco*er #pon the co#nter5bond.

;hen the -#d!ment has become e%ec#tor ( the s#ret or s#reties on an co#nter5bond !i*en p#rs#ant to the pro*isions of this R#le to sec#re the pa ment of the -#d!ment shall become char!ed on s#ch co#nter5bond and bo#nd to pa the -#d!ment obli!ee #pon demand the amo#nt d#e #nder the -#d!ment( $hich amo#nt ma be reco*ered from s#ch s#ret or s#reties after notice and s#mmar hearin! in the same action. Sec. 17. 9isposition of mone deposited.

;here the part a!ainst $hom attachment had been iss#ed has deposited mone instead of !i*in! co#nter5bond( it shall be applied #nder the direction of the co#rt to the satisfaction of an -#d!ment rendered in fa*or of the attachin! part ( and after satisf in! the -#d!ment the

24

balance shall be rendered to the depositor or his assi!nee. If the -#d!ment is in fa*or of the part a!ainst $hom attachment $as iss#ed( the $hole s#m deposited m#st be ref#nded to him or his assi!nee. Sec. 18. 9isposition of attache propert $hom attachment $as iss#ed. $here -#d!ment is for part a!ainst

If -#d!ment be rendered a!ainst the attachin! part ( all the proceeds of sales and mone collected or recei*ed b the sheriff( #nder the order of attachment( and all propert attached remainin! in an s#ch officer>s hands( shall be deli*ered to the part a!ainst $hom attachment $as iss#ed( and the order of attachment dischar!ed. Sec. "0. 'laim for dama!es on acco#nt of improper( irre!#lar or e%cessi*e attachment. An application for dama!es on acco#nt of improper( irre!#lar or e%cessi*e attachment m#st be filed before the trial or before the trial or before appeal is perfected or before the -#d!ment becomes e%ec#tor ( $ith d#e notice to the attachin! part and his s#ret or s#reties( settin! forth the facts sho$in! his ri!ht to dama!es and the amo#nt thereof. S#ch dama!es ma be a$arded onl after proper hearin! and shall be incl#ded in the -#d!ment on the main case. If the -#d!ment of the appellate co#rt be fa*orable to the part a!ainst $hom the attachment $as iss#ed( he m#st claim dama!es s#stained d#rin! the pendenc of the appeal b filin! an application in the appellate co#rt( $ith notice to the part in $hose fa*or the attachment $as iss#ed or his s#ret or s#reties( before the -#d!ment of the appellate co#rt becomes e%ec#tor . The appellate co#rt ma allo$ the application to be heard and decided b the trial co#rt. Nothin! herein contained shall pre*ent the part a!ainst $hom the attachment $as iss#ed from reco*erin! in the same action the dama!es a$arded to him from an propert of the attachin! part not e%empt from e%ec#tion sho#ld the bond or deposit !i*en b the latter be ins#fficient or fail to f#ll satisf the a$ard. RULE 57 2RELIMINARD INFUN'TION Section 1. 2reliminar in-#nction defined= classes.

A preliminar in-#nction is an order !ranted at an sta!e of an action or proceedin! prior to the -#d!ment or final order( re)#irin! a part or a co#rt( a!enc or a person to refrain from a partic#lar act or acts. It ma also re)#ire the performance of a partic#lar act or acts( in $hich case it shall be 6no$n as a preliminar mandator in-#nction. Sec. ". ;ho ma !rant preliminar in-#nction. A preliminar in-#nction ma be !ranted b the co#rt $here the action or proceedin! is pendin!. If the action or proceedin! is pendin! in the

25

'o#rt of Appeals or in the S#preme 'o#rt( it ma co#rt or an member thereof. Sec. &. :ro#nds for iss#ance of preliminar in-#nction. A preliminar in-#nction ma be !ranted $hen it

be iss#ed b

said

is

established<

.a/ That the applicant is entitled to the relief demanded( and the $hole or part of s#ch relief consists in restrainin! the commission or contin#ance of the act or acts complained of( or in re)#irin! the performance of an act or acts( either for a limited period or perpet#all = .b/ That the commission( contin#ance or non5performance of the act or acts complained of d#rin! the liti!ation $o#ld probabl $or6 in-#stice to the applicant= or .c/ That a part ( co#rt( a!enc or a person is doin!( threatenin!( or is attemptin! to do( or is proc#rin! or s#fferin! to be done( some act or acts probabl in *iolation of the ri!hts of the applicant respectin! the s#b-ect of the action or proceedin!( and tendin! to render the -#d!ment ineffect#al. Sec. +. ?erified application and bond for preliminar restrainin! order. A preliminar onl in-#nction or temporar be !ranted

in-#nction or temporar restrainin! order ma $hen<

.a/ The application in the action or proceedin! is *erified( and sho$s facts entitlin! the applicant to the relief demanded= and .b/ Unless e%empted b the co#rt( the applicant files $ith the co#rt $here the action or proceedin! is pendin!( a bond e%ec#ted to the part or person en-oined( in an amo#nt to be fi%ed b the co#rt( to the effect that the applicant $ill pa to s#ch part or person all dama!es $hich he ma s#stain b reason of the in-#nction or temporar restrainin! order if the co#rt sho#ld finall decide that the applicant $as not entitled thereto. Upon appro*al of the re)#isite bond( a $rit of preliminar in-#nction shall be iss#ed. .c/ ;hen an application for a $rit of preliminar in-#nction or a temporar restrainin! order is incl#ded in a complaint or an initiator pleadin!( the case( if filed in a m#ltiple5sala co#rt( shall be raffled onl after notice to and in the presence of the ad*erse part or the person to be en-oined. In an e*ent( s#ch notice shall be preceded( or contemporaneo#sl accompanied( b ser*ice of s#mmons( to!ether $ith a cop of the complaint or initiator pleadin! and the applicantCs affida*it and bond( #pon the ad*erse part in the 2hilippines. ,o$e*er( $here the s#mmons co#ld not be ser*ed personall or b s#bstit#ted ser*ice despite dili!ent efforts( or the ad*erse part is a resident of the 2hilippines temporaril absent

26

therefrom or is a nonresident thereof( the re)#irement of prior or contemporaneo#s ser*ice of s#mmons shall not appl . .d/ The application for a temporar restrainin! order shall thereafter be acted #pon onl after all parties are heard in a s#mmar hearin! $hich shall be cond#cted $ithin t$ent 5fo#r ."+/ ho#rs after the sheriffCs ret#rn of ser*ice andGor the records are recei*ed b the branch selected b raffle and to $hich the records shall be transmitted immediatel . Sec. 5. 2reliminar in-#nction not !ranted $itho#t notice= e%ception.

No preliminar in-#nction shall be !ranted $itho#t hearin! and prior notice to the part or person so#!ht to be en-oined. If it shall appear from facts sho$n b affida*its or b the *erified application that !reat or irreparable in-#r $o#ld res#lt to the applicant before the matter can be heard on notice( the co#rt to $hich the application for preliminar in-#nction $as made( ma iss#e e% parte a temporar restrainin! order to be effecti*e onl for a period of t$ent ."0/ da s from ser*ice on the part or person so#!ht to be en-oined( e%cept as herein pro*ided. ;ithin the said t$ent 5da period( the co#rt m#st order said part or person to sho$ ca#se( at a specified time and place( $h the in-#nction sho#ld not be !ranted( determine $ithin the same period $hether or not the preliminar in-#nction shall be !ranted( and accordin!l iss#e the correspondin! order. ,o$e*er( and s#b-ect to the pro*isions of the precedin! sections( if the matter is of e%treme #r!enc and the applicant $ill s#ffer !ra*e in-#stice and irreparable in-#r ( the e%ec#ti*e -#d!e of a m#ltiple5 sala co#rt or the presidin! -#d!e of a sin!le5sala co#rt ma iss#e e% parte a temporar restrainin! order effecti*e for onl se*ent 5t$o .3"/ ho#rs from iss#ance b#t he shall immediatel compl $ith the pro*isions of the ne%t precedin! section as to ser*ice of s#mmons and the doc#ments to be ser*ed there$ith. Thereafter( $ithin the aforesaid se*ent 5t$o .3"/ ho#rs( the -#d!e before $hom the case is pendin! shall cond#ct a s#mmar hearin! to determine $hether the temporar restrainin! order shall be e%tended #ntil the application for preliminar in-#nction can be heard. In no case shall the total period of effecti*it of the temporar restrainin! order e%ceed t$ent ."0/ da s( incl#din! the ori!inal se*ent 5t$o ho#rs pro*ided herein. In the e*ent that the application for preliminar in-#nction is denied or not resol*ed $ithin the said period( the temporar restrainin! order is deemed a#tomaticall *acated. The effecti*it of a temporar restrainin! order is not e%tendible $itho#t need of an -#dicial declaration to that effect and no co#rt shall ha*e a#thorit to e%tend or rene$ the same on the same !ro#nd for $hich it $as iss#ed. ,o$e*er( if iss#ed b the 'o#rt of Appeals or a member thereof( the temporar restrainin! order shall be effecti*e for si%t .10/ da s from ser*ice on the part or person so#!ht to be en-oined. A restrainin! order iss#ed b the S#preme 'o#rt or a member thereof shall be effecti*e #ntil f#rther orders.

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Sec. 1. :ro#nds for ob-ection to( or for motion of dissol#tion of( in-#nction or restrainin! order. The application for in-#nction or restrainin! order ma be denied( #pon a sho$in! of its ins#fficienc . The in-#nction or restrainin! order ma also be denied( or( if !ranted( ma be dissol*ed( on other !ro#nds #pon affida*its of the part or person en-oined( $hich ma be opposed b the applicant also b affida*its. It ma f#rther be denied( or( if !ranted( ma be dissol*ed( if it appears after hearin! that altho#!h the applicant is entitled to the in-#nction or restrainin! order( the iss#ance or contin#ance thereof( as the case ma be( $o#ld ca#se irreparable dama!e to the part or person en-oined $hile the applicant can be f#ll compensated for s#ch dama!es as he ma s#ffer( and the former files a bond in an amo#nt fi%ed b the co#rt conditioned that he $ill pa all dama!es $hich the applicant ma s#ffer b the denial or the dissol#tion of the in-#nction or restrainin! order. If it appears that the e%tent of the preliminar in-#nction or restrainin! order !ranted is too !reat( it ma be modified. Sec. 3. Ser*ice of copies of bonds= effect of disappro*al of same. The part filin! a bond in accordance $ith the pro*isions of this R#le shall forth$ith ser*e a cop of s#ch bond on the other part ( $ho ma e%cept to the s#fficienc of the bond( or of the s#ret or s#reties thereon. If the applicantCs bond is fo#nd to be ins#fficient in amo#nt( or if the s#ret or s#reties thereon fail to -#stif ( and a bond s#fficient in amo#nt $ith s#fficient s#reties appro*ed after -#stification is not filed forth$ith( the in-#nction shall be dissol*ed. If the bond of the ad*erse part is fo#nd to be ins#fficient in amo#nt( or the s#ret or s#reties thereon fail to -#stif a bond s#fficient in amo#nt $ith s#fficient s#reties appro*ed after -#stification is not filed forth$ith( the in-#nction shall be !ranted or restored( as the case ma be. Sec. 7. F#d!ment to incl#de dama!es a!ainst part and s#reties.

At the trial( the amo#nt of dama!es to be a$arded to either part ( #pon the bond of the ad*erse part ( shall be claimed( ascertained( and a$arded #nder the same proced#re prescribed in section "0 of R#le 53. Sec. 8. ;hen final in-#nction !ranted. If after the trial of the action it appears that the applicant is entitled to ha*e the act or acts complained of permanentl en-oined( the co#rt shall !rant a final in-#nction perpet#all restrainin! the part or person en-oined from the commission or contin#ance of the act or acts or confirmin! the preliminar mandator in-#nction.

RULE 58 RE'EI?ERS,I2

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Section 1. Appointment of recei*er. Upon a *erified application( one or more recei*ers of the propert s#b-ect of the action or proceedin! ma be appointed b the co#rt $here the action is pendin!( or b the 'o#rt of Appeals or b the S#preme 'o#rt( or a member thereof( in the follo$in! cases< .a/ ;hen it appears from the *erified application( and s#ch other proof as the co#rt ma re)#ire( that the part appl in! for the appointment of a recei*er has an interest in the propert or f#nd $hich is the s#b-ect of the action or proceedin!( and that s#ch propert or f#nd is in dan!er of bein! lost( remo*ed( or materiall in-#red #nless a recei*er be appointed to administer and preser*e it= .b/ ;hen it appears in an action b the mort!a!ee foreclos#re of a mort!a!e that the propert is in dan!er $asted or dissipated or materiall in-#red( and that its probabl ins#fficient to dischar!e the mort!a!e debt( or parties ha*e so stip#lated in the contract of mort!a!e= for the of bein! *al#e is that the

.c/ After -#d!ment( to preser*e the propert d#rin! the pendenc of an appeal( or to dispose of it accordin! to the -#d!ment( or to aid e%ec#tion $hen the e%ec#tion has been ret#rned #nsatisfied or the -#d!ment obli!or ref#ses to appl his propert in satisfaction of the -#d!ment( or other$ise to carr the -#d!ment into effect= .d/ ;hene*er in other cases it appears that the appointment of a recei*er is the most con*enient and feasible means of preser*in!( administerin!( or disposin! of the propert in liti!ation. 9#rin! the pendenc of an appeal( the appellate co#rt ma allo$ an application for the appointment of a recei*er to be filed in and decided b the co#rt of ori!in and the recei*er appointed to be s#b-ect to the control of said co#rt. Sec. ". @ond on appointment of recei*er. @efore iss#in! the order appointin! a recei*er the co#rt shall re)#ire the applicant to file a bond e%ec#ted to the part a!ainst $hom the application is presented( in an amo#nt to be fi%ed b the co#rt( to the effect that the applicant $ill pa s#ch part all dama!es he ma s#stain b reason of the appointment of s#ch recei*er in case the applicant shall ha*e proc#red s#ch appointment $itho#t s#fficient ca#se= and the co#rt ma ( in its discretion( at an time after the appointment( re)#ire an additional bond as f#rther sec#rit for s#ch dama!es.

Sec. &. 9enial of application or dischar!e of recei*er. The application ma be denied( or the recei*er dischar!ed( $hen the ad*erse part files a bond e%ec#ted to the applicant( in an amo#nt to

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be fi%ed b the co#rt( to the effect that s#ch part $ill pa the applicant all dama!es he ma s#ffer b reason of the acts( omissions( or other matters specified in the application as !ro#nd for s#ch appointment. The recei*er ma also be dischar!ed if it is sho$n that his appointment $as obtained $itho#t s#fficient ca#se. Sec. +. Oath and bond of recei*er. @efore enterin! #pon his d#ties( the recei*er shall be s$orn to perform them faithf#ll ( and shall file a bond( e%ec#ted to s#ch person and in s#ch s#m as the co#rt ma direct( to the effect that he $ill faithf#ll dischar!e his d#ties in the action or proceedin! and obe the orders of the co#rt. Sec. 5. Ser*ice of copies of bonds= effect of disappro*al of same. The person filin! a bond in accordance $ith the pro*isions of this R#le shall forth$ith ser*e a cop thereof on each interested part ( $ho ma e%cept to its s#fficienc or of the s#ret or s#reties thereon. If either the applicantCs or the recei*erCs bond is fo#nd to be ins#fficient in amo#nt( or if the s#ret or s#reties thereon fail to -#stif ( and a bond s#fficient in amo#nt $ith s#fficient s#reties appro*ed after -#stification is not filed forth$ith( the application shall be denied or the recei*er dischar!ed( as the case ma be. If the bond of the ad*erse part is fo#nd to be ins#fficient in amo#nt or the s#ret or s#reties thereon fail to -#stif ( and a bond s#fficient in amo#nt $ith s#fficient s#reties appro*ed after -#stification is not filed forth$ith( the recei*er shall be appointed or re5appointed( as the case ma be. Sec. 1. :eneral po$ers of recei*er. S#b-ect to the control of the co#rt in $hich the action or proceedin! is pendin!( a recei*er shall ha*e the po$er to brin! and defend( in s#ch capacit ( actions in his o$n name= to ta6e and 6eep possession of the propert in contro*ers = to recei*e rents= to collect debts d#e to himself as recei*er or to the f#nd( propert ( estate( person( or corporation of $hich he is the recei*er= to compo#nd for and compromise the same= to ma6e transfers= to pa o#tstandin! debts= to di*ide the mone and other propert that shall remain amon! the persons le!all entitled to recei*e the same= and !enerall to do s#ch acts respectin! the propert as the co#rt ma a#thoriAe. ,o$e*er( f#nds in the hands of a recei*er ma be in*ested onl b order of the co#rt #pon the $ritten consent of all the parties to the action. No action ma be filed b or a!ainst a recei*er $itho#t lea*e of the co#rt $hich appointed him. Sec. 3. Liabilit for ref#sal or ne!lect to deli*er propert to recei*er.

A person $ho ref#ses or ne!lects( #pon reasonable demand( to deli*er to the recei*er all the propert ( mone ( boo6s( deeds( notes( bills( doc#ments and papers $ithin his po$er or control( s#b-ect of or in*ol*ed in the action or proceedin!( or in case of disa!reement( as determined and ordered b the co#rt( ma be p#nished for contempt and

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shall be liable to the recei*er for the mone or the *al#e of the propert and other thin!s so ref#sed or ne!lected to be s#rrendered( to!ether $ith all dama!es that ma ha*e been s#stained b the part or parties entitled thereto as a conse)#ence of s#ch ref#sal or ne!lect. Sec. 7. Termination of recei*ership= compensation of recei*er. ;hene*er the co#rt( mot# proprio or on motion of either part ( shall determine that the necessit for a recei*er no lon!er e%ists( it shall( after d#e notice to all interested parties and hearin!( settle the acco#nts of the recei*er( direct the deli*er of the f#nds and other propert in his possession to the person ad-#d!ed to be entitled to recei*e them( and order the dischar!e of the recei*er from f#rther d#t as s#ch. The co#rt shall allo$ the recei*er s#ch reasonable compensation as the circ#mstances of the case $arrant( to be ta%ed as costs a!ainst the defeated part ( or apportioned( as -#stice re)#ires. Sec. 8. F#d!ment to incl#de reco*er a!ainst s#reties.

The amo#nt( if an ( to be a$arded to an part #pon an bond filed in accordance $ith the pro*isions of this R#le( shall be claimed( ascertained( and !ranted #nder the same proced#re prescribed in section "0 of R#le 53.

RULE 10 RE2LE?IN Section 1. Application. A part pra in! for the reco*er of possession of personal propert ma ( at the commencement of the action or at an time before ans$er( appl for an order for the deli*er of s#ch propert to him( in the manner hereinafter pro*ided. Sec. ". Affida*it and bond. The applicant m#st sho$ b his o$n affida*it or that of some other person $ho personall 6no$s the facts< .a/ That the applicant is the o$ner of the propert claimed( partic#larl describin! it( or is entitled to the possession thereof= .b/ That the propert is $ron!f#ll detained b the ad*erse part ( alle!in! the ca#se of detention thereof accordin! to the best of his 6no$led!e( information( and belief= .c/ That the propert has not been distrained or ta6en for a ta% assessment or a fine p#rs#ant to la$( or seiAed #nder a $rit of e%ec#tion or preliminar attachment( or other$ise placed #nder c#stodia le!is( or if so seiAed( that it is e%empt from s#ch seiA#re or c#stod = and

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.d/ The act#al mar6et *al#e of the propert . The applicant m#st also !i*e a bond( e%ec#ted to the ad*erse part in do#ble the *al#e of the propert as stated in the affida*it aforementioned( for the ret#rn of the propert to the ad*erse part if s#ch ret#rn be ad-#d!ed( and for the pa ment to the ad*erse part of s#ch s#m as he ma reco*er from the applicant in the action. Sec. &. Order. Upon the filin! of s#ch affida*it and appro*al shall iss#e an order and the correspondin! $rit the personal propert alle!ed to be $ron!f#ll the sheriff forth$ith to ta6e s#ch propert into Sec. +. 9#t of the sheriff. of the bond( the co#rt of reple*in describin! detained and re)#irin! his c#stod .

Upon recei*in! s#ch order( the sheriff m#st ser*e a cop thereof on the ad*erse part ( to!ether $ith a cop of the application( affida*it and bond( and m#st forth$ith ta6e the propert ( if it be in the possession of the ad*erse part ( or his a!ent( and retain it in his c#stod . If the propert or an part thereof be concealed in a b#ildin! or enclos#re( the sheriff m#st demand its deli*er ( and if it be not deli*ered( he m#st ca#se the b#ildin! or enclos#re to be bro6en open and ta6e the propert into his possession. After the sheriff has ta6en possession of the propert as herein pro*ided( he m#st 6eep it in a sec#re place and shall be responsible for its deli*er to the part entitled thereto #pon recei*in! his fees and necessar e%penses for ta6in! and 6eepin! the same. Sec. 5. Ret#rn of propert . If the ad*erse part ob-ects to the s#fficienc of the applicantCs bond( or of the s#ret or s#reties thereon( he cannot immediatel re)#ire the ret#rn of the propert ( b#t if he does not so ob-ect( he ma ( at an time before the deli*er of the propert to the applicant( re)#ire the ret#rn thereof( b filin! $ith the co#rt $here the action is pendin! a bond e%ec#ted to the applicant( in do#ble the *al#e of the propert as stated in the applicantCs affida*it for the deli*er thereof to the applicant( if s#ch deli*er be ad-#d!ed( and for the pa ment of s#ch s#m to him as ma be reco*ered a!ainst the ad*erse part ( and b ser*in! a cop of s#ch bond on the applicant.

Sec. 1. 9isposition of propert

sheriff.

If $ithin fi*e .5/ da s after the ta6in! of the propert b the sheriff( the ad*erse part does not ob-ect to the s#fficienc of the bond( or of the s#ret or s#reties thereon= or if the ad*erse part so ob-ects and the co#rt affirms its appro*al of the applicantCs bond or appro*es a ne$ bond( or if the ad*erse part re)#ires the ret#rn of the propert b#t his bond is ob-ected to and fo#nd ins#fficient and he does

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not forth$ith file an appro*ed bond( the propert shall be deli*ered to the applicant. If for an reason the propert is not deli*ered to the applicant( the sheriff m#st ret#rn it to the ad*erse part . Sec. 3. 2roceedin!s $here propert claimed b third person.

If the propert ta6en is claimed b an person other than the part a!ainst $hom the $rit of reple*in had been iss#ed or his a!ent( and s#ch person ma6es an affida*it of his title thereto( or ri!ht to the possession thereof( statin! the !ro#nds therefor( and ser*es s#ch affida*it #pon the sheriff $hile the latter has possession of the propert and a cop thereof #pon the applicant( the sheriff shall not be bo#nd to 6eep the propert #nder reple*in or deli*er it to the applicant #nless the applicant or his a!ent( on demand of said sheriff( shall file a bond appro*ed b the co#rt to indemnif the third5part claimant in a s#m not less than the *al#e of the propert #nder reple*in as pro*ided in section " hereof. In case of disa!reement as to s#ch *al#e( the co#rt shall determine the same. No claim for dama!es for the ta6in! or 6eepin! of the propert ma be enforced a!ainst the bond #nless the action therefor is filed $ithin one h#ndred t$ent .1"0/ da s from the date of the filin! of the bond. The sheriff shall not be liable for dama!es( for the ta6in! or 6eepin! of s#ch propert ( to an s#ch third5part claimant if s#ch bond shall be filed. Nothin! herein contained shall pre*ent s#ch claimant or an third person from *indicatin! his claim to the propert ( or pre*ent the applicant from claimin! dama!es a!ainst a third5part claimant $ho filed a fri*olo#s or plainl sp#rio#s claim( in the same or a separate action. ;hen the $rit of reple*in is iss#ed in fa*or of the Rep#blic of the 2hilippines( or an officer d#l representin! it( the filin! of s#ch bond shall not be re)#ired( and in case the sheriff is s#ed for dama!es as a res#lt of the reple*in( he shall be represented b the Solicitor :eneral( and if held liable therefor( the act#al dama!es ad-#d!ed b the co#rt shall be paid b the National Treas#rer o#t of the f#nds to be appropriated for the p#rpose. Sec. 7. Ret#rn of papers. The sheriff m#st file the order( $ith his proceedin!s indorsed thereon( $ith the co#rt $ithin ten .10/ da s after ta6in! the propert mentioned therein.

Sec. 8. F#d!ment. After trial of the iss#es( the co#rt shall determine $ho has the ri!ht of possession to and the *al#e of the propert and shall render -#d!ment in the alternati*e for the deli*er thereof to the part entitled to the same( or for its *al#e in case deli*er cannot be made( and also for s#ch dama!es as either part ma pro*e( $ith costs.

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Sec. 10. F#d!ment to incl#de reco*er

a!ainst s#reties.

The amo#nt( if an ( to be a$arded to an part #pon an bond filed in accordance $ith the pro*isions of this R#le( shall be claimed( ascertained( and !ranted #nder the same proced#re as prescribed in section "0 of R#le 53. RULE 11 SU22ORT 2EN9ENTE LITE Section 1. Application. At the commencement of the proper action or proceedin!( or at an time prior to the -#d!ment or final order( a *erified application for s#pport pendente lite ma be filed b an part statin! the !ro#nds for the claim and the financial conditions of both parties( and accompanied b affida*its( depositions or other a#thentic doc#ments in s#pport thereof. Sec. ". 'omment. A cop of the application and all s#pportin! doc#ments shall be ser*ed #pon the ad*erse part ( $ho shall ha*e fi*e .5/ da s to comment thereon #nless a different period is fi%ed b the co#rt #pon his motion. The comment shall be *erified and shall be accompanied b affida*its( depositions or other a#thentic doc#ments in s#pport thereof. Sec. &. ,earin!. After the comment is filed( or after the e%piration of the period for its filin!( the application shall be set for hearin! not more than three .&/ da s thereafter. The facts in iss#e shall be pro*ed in the same manner as is pro*ided for e*idence on motions. Sec. +. Order. The co#rt shall determine pro*isionall the pertinent facts( and shall render s#ch orders as -#stice and e)#it ma re)#ire( ha*in! d#e re!ard to the probable o#tcome of the case and s#ch other circ#mstances as ma aid in the proper resol#tion of the )#estion in*ol*ed. If the application is !ranted( the co#rt shall fi% the amo#nt of mone to be pro*isionall paid or s#ch other forms of s#pport as sho#ld be pro*ided( ta6in! into acco#nt the necessities of the applicant and the reso#rces or means of the ad*erse part ( and the terms of pa ment or mode for pro*idin! the s#pport. If the application is denied( the principal case shall be tried and decided as earl as possible. Sec. 5. Enforcement of order. If the ad*erse part fails to compl $ith an order !rantin! s#pport pendente lite( the co#rt shall( mot# proprio or #pon motion( iss#e an order of e%ec#tion a!ainst him( $itho#t pre-#dice to his liabilit for contempt. ;hen the person ordered to !i*e s#pport pendente lite ref#ses or fails to do so( an third person $ho f#rnished that s#pport to the applicant ma ( after d#e notice and hearin! in the same case( obtain a $rit of

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e%ec#tion to enforce his ri!ht of reimb#rsement a!ainst the person ordered to pro*ide s#ch s#pport. Sec. 1. S#pport in criminal cases. In criminal actions $here the ci*il liabilit incl#des s#pport for the offsprin! as a conse)#ence of the crime and the ci*il aspect thereof has not been $ai*ed( reser*ed or instit#ted prior to its filin!( the acc#sed ma be ordered to pro*ide s#pport pendente lite to the child born to the offended part alle!edl beca#se of the crime. The application therefor ma be filed s#ccessi*el b the offended part ( her parents( !randparents or !#ardian and the State in the correspondin! criminal case d#rin! its pendenc ( in accordance $ith the proced#re established #nder this R#le. Sec. 3. Restit#tion. ;hen the -#d!ment or final order of the co#rt finds that the person $ho has been pro*idin! s#pport pendente lite is not liable therefor( it shall order the recipient thereof to ret#rn to the former the amo#nts alread paid $ith le!al interest from the dates of act#al pa ment( $itho#t pre-#dice to the ri!ht of the recipient to obtain reimb#rsement in a separate action from the person le!all obli!ed to !i*e the s#pport. Sho#ld the recipient fail to reimb#rse said amo#nts( the person $ho pro*ided thro#!h same ma li6e$ise see6 reimb#rsement thereof in a separate action from the person le!all obli!ed to !i*e s#ch s#pport.

FEBRUARY 14, 2013 4:30PM

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