Rules of Court Civil Procedure

RULE 1
General Provisions
Section 1. Title of the Rules. These Rule shall be known and cited as the Rules of Court. (1)
Section 2. In what courts applicable. These Rules shall apply in all the courts, except as otherwise provided by the upre!e Court. (n)
Section 3. Cases governed. These Rules shall "overn the procedure to be observed in actions, civil or cri!inal and special proceedin"s.
(a) # civil action is one by which a party sues another for the enforce!ent or protection of a ri"ht, or the prevention or redress of a wron", (1a, R$)
# civil action !ay either be ordinary or special. %oth are "overned by the rules for ordinary civil actions, sub&ect to the specific rules prescribed for a special
civil action. (n)
(b) # cri!inal action is one by which the tate prosecutes a person for an act or o!ission punishable by law. (n)
(c) # special proceedin" is a re!edy by which a party seeks to establish a status, a ri"ht, or a particular fact. ($a, R$)
Section 4. In what case not applicable. These Rules shall not apply to election cases, land re"istration, cadastral, naturali'ation and insolvency
proceedin"s, and other cases not herein provided for, except by analo"y or in a suppletory character and whenever practicable and convenient. (R1()a)
Section 5. Commencement of action. # civil action is co!!enced by the filin" of the ori"inal co!plaint in court. *f an additional defendant is i!pleaded in
a later pleadin", the action is co!!enced with re"ard to hi! on the dated of the filin" of such later pleadin", irrespective of whether the !otion for its
ad!ission, if necessary, is denied by the court. (+a)
Section 6. Construction. These Rules shall be liberally construed in order to pro!ote their ob&ective of securin" a &ust, speedy and inexpensive
disposition of every action and proceedin". ($a)
Civil Actions
Ordinary Civil Actions
RULE 2
Case o! Action
Section 1. Ordinary civil actions, basis of. ,very ordinary civil action !ust be based on a cause of action. (n)
Section 2. Cause of action, defined. # cause of action is the act or o!ission by which a party violates a ri"ht of another. (n)
Section 3. One suit for a single cause of action. # party !ay not institute !ore than one suit for a sin"le cause of action. ()a)
Section 4. Splitting a single cause of action- effect of. *f two or !ore suits are instituted on the basis of the sa!e cause of action, the filin" of one or a
&ud"!ent upon the !erits in any one is available as a "round for the dis!issal of the others. ((a)
Section 5. Joinder of causes of action. # party !ay in one pleadin" assert, in the alternative or otherwise, as !any causes of action as he !ay have
a"ainst an opposin" party, sub&ect to the followin" conditions.
(a) The party &oinin" the causes of action shall co!ply with the rules on &oinder of parties-
(b) The &oinder shall not include special civil actions or actions "overned by special rules-
(c) /here the causes of action are between the sa!e parties but pertain to different venues or &urisdictions, the &oinder !ay be allowed in the Re"ional Trial
Court provided one of the causes of action falls within the &urisdiction of said court and the venue lies therein- and
(d) /here the clai!s in all the causes action are principally for recovery of !oney, the a""re"ate a!ount clai!ed shall be the test of &urisdiction. (0a)
Section 6. Misoinder of causes of action. 1is&oinder of causes of action is not a "round for dis!issal of an action. # !is&oined cause of action !ay, on
!otion of a party or on the initiative of the court, be severed and proceeded with separately. (n)
RULE 3
Parties to Civil Actions
Section 1. !ho may be parties- plaintiff and defendant. 2nly natural or &uridical persons, or entities authori'ed by law !ay be parties in a civil action. The
ter! 3plaintiff3 !ay refer to the clai!in" party, the counter4clai!ant, the cross4clai!ant, or the third (fourth, etc.) party plaintiff. The ter! 3defendant3 !ay
refer to the ori"inal defendin" party, the defendant in a counter4clai!, the cross4defendant, or the third (fourth, etc.) party defendant. (1a)
Section 2. "arties in interest. # real party in interest is the party who stands to be benefited or in&ured by the &ud"!ent in the suit, or the party entitled to
the avails of the suit. 5nless otherwise authori'ed by law or these Rules, every action !ust be prosecuted or defended in the na!e of the real party in
interest. ($a)
Section 3. Representatives as parties. /here the action is allowed to be prosecuted and defended by a representative or so!eone actin" in a fiduciary
capacity, the beneficiary shall be included in the title of the case and shall be dee!ed to be the real property in interest. # representative !ay be a trustee of
an expert trust, a "uardian, an executor or ad!inistrator, or a party authori'ed by law or these Rules. #n a"ent actin" in his own na!e and for the benefit of
an undisclosed principal !ay sue or be sued without &oinin" the principal except when the contract involves thin"s belon"in" to the principal. ()a)
Section 4. Spouses as parties. 6usband and wife shall sue or be sued &ointly, except as provided by law. ((a)
Section 5. Minor or incompetent persons. # !inor or a person alle"ed to be inco!petent, !ay sue or be sued with the assistance of his father, !other,
"uardian, or if he has none, a "uardian ad litem. (0a)
Section 6. "ermissive oinder of parties. #ll persons in who! or a"ainst who! any ri"ht to relief in respect to or arisin" out of the sa!e transaction or
series of transactions is alle"ed to exist, whether &ointly, severally, or in the alternative, !ay, except as otherwise provided in these Rules, &oin as plaintiffs or
be &oined as defendants in one co!plaint, where any 7uestion of law or fact co!!on to all such plaintiffs or to all such defendants !ay arise in the action-
but the court !ay !ake such orders as !ay be &ust to prevent any plaintiff or defendant fro! bein" e!barrassed or put to expense in connection with any
proceedin"s in which he !ay have no interest. (+n)
Section ". Compulsory oinder of indispensable parties. 8arties in interest without who! no final deter!ination can be had of an action shall be &oined
either as plaintiffs or defendants. (9)
Section #. #ecessary party. # necessary party is one who is not indispensable but who ou"ht to be &oined as a party if co!plete relief is to be accorded
as to those already parties, or for a co!plete deter!ination or settle!ent of the clai! sub&ect of the action. (:a)
Section $. #on$oinder of necessary parties to be pleaded. /henever in any pleadin" in which a clai! is asserted a necessary party is not &oined, the
pleader shall set forth his na!e, if known, and shall state why he is o!itted. hould the court find the reason for the o!ission un!eritorious, it !ay order the
inclusion of the o!itted necessary party if &urisdiction over his person !ay be obtained.
The failure to co!ply with the order for his inclusion, without &ustifiable cause, shall be dee!ed a waiver of the clai! a"ainst such party.
The non4inclusion of a necessary party does not prevent the court fro! proceedin" in the action, and the &ud"!ent rendered therein shall be without
pre&udice to the ri"hts of such necessary party. (:a, ;a)
Section 1%. %nwilling co$plaintiff. *f the consent of any party who should be &oined as plaintiff can not be obtained, he !ay be !ade a defendant and the
reason therefor shall be stated in the co!plaint. (1<)
Section 11. Misoinder and non$oinder of parties. =either !is&oinder nor non4&oinder of parties is "round for dis!issal of an action. 8arties !ay be
dropped or added by order of the court on !otion of any party or on its own initiative at any sta"e the action and on such ter!s as are &ust. #ny clai!
a"ainst a !is&oined party !ay be severed and proceeded with separately. (11a)
Section 12. Class suit. /hen the sub&ect !atter of the controversy is one of co!!on or "eneral interest to !any persons so nu!erous that it is
i!practicable to &oin all as parties, a nu!ber of the! which the court finds to be sufficiently nu!erous and representative as to fully protect the interests of
all concerned !ay sue or defend for the benefit of all. #ny party in interest shall have the ri"ht to intervene to protect his individual interest. (1$a)
Section 13. &lternative defendants. /here the plaintiff is uncertain a"ainst who of several persons he is entitled to relief, he !ay &oin any or all of the!
as defendants in the alternative, althou"h a ri"ht to relief a"ainst one !ay be inconsistent with a ri"ht of relief a"ainst the other. (1)a)
Section 14. %n'nown identity or name of defendant. /henever the identity or na!e of a defendant is unknown, he !ay be sued as the unknown owner
heir devisee, or by such other desi"nation as the case !ay re7uire, when his identity or true na!e is discovered, the pleadin" !ust be a!ended
accordin"ly. (1()
Section 15. (ntity without uridical personality as defendant. /hen two or !ore persons not or"ani'ed as an entity with &uridical personality enter into a
transaction, they !ay be sued under the na!e by which they are "enerally or co!!only known.
*n the answer of such defendant, the na!e and addresses of the persons co!posin" said entity !ust all be revealed. (10a)
Section 16. )eath of party- duty of counsel. /henever a party to a pendin" action dies, and the clai! is not thereby extin"uished, it shall be the duty of
his counsel to infor! the court within thirty ()<) days after such death of the fact thereof, and to "ive the na!e and address of his le"al representative or
representatives. >ailure of counsel to co!ply with his duty shall be a "round for disciplinary action.
The heirs of the deceased !ay be allowed to be substituted for the deceased, without re7uirin" the appoint!ent of an executor or ad!inistrator and the
court !ay appoint a "uardian ad litem for the !inor heirs.
The court shall forthwith order said le"al representative or representatives to appear and be substituted within a period of thirty ()<) days fro! notice.
*f no le"al representative is na!ed by the counsel for the deceased party, or if the one so na!ed shall fail to appear within the specified period, the court
!ay order the opposin" party, within a specified ti!e to procure the appoint!ent of an executor or ad!inistrator for the estate of the deceased and the latter
shall i!!ediately appear for and on behalf of the deceased. The court char"es in procurin" such appoint!ent, if defrayed by the opposin" party, !ay be
recovered as costs. (1+a, 19a)
Section 1". )eath or separation of a party who is a public officer. /hen a public officer is a party in an action in his official capacity and durin" its
pendency dies, resi"ns, or otherwise ceases to hold office, the action !ay be continued and !aintained by or a"ainst his successor if, within thirty ()<) days
after the successor takes office or such ti!e as !ay be "ranted by the court, it is satisfactorily shown to the court by any party that there is a substantial
need for continuin" or !aintainin" it and that the successor adopts or continues or threatens to adopt or continue to adopt or continue the action of his
predecessor. %efore a substitution is !ade, the party or officer to be affected, unless expressly assentin" thereto, shall be "iven reasonable notice of the
application therefor and accorded an opportunity to be heard. (1:a)
Section 1#. Incompetency or incapacity. *f a party beco!es inco!petent or incapacitated, the court, upon !otion with notice, !ay allow the action to be
continued by or a"ainst the inco!petent or incapacitated person assisted by his le"al "uardian or "uardian ad litem. (1;a)
Section 1$. Transfer of interest. *n case of any transfer of interest, the action !ay be continued by or a"ainst the ori"inal party, unless the court upon
!otion directs the person to who! the interest is transferred to be substituted in the action or &oined with the ori"inal party. ($<)
Section 2%. &ction and contractual money claims. /hen the action is for recovery of !oney arisin" fro! contract, express or i!plied, and the defendant
dies before entry of final &ud"!ent in the court in which the action was pendin" at the ti!e of such death, it shall not be dis!issed but shall instead be
allowed to continue until entry of final &ud"!ent. # favorable &ud"!ent obtained by the plaintiff therein shall be enforced in the !anner especially provided in
these Rules for prosecutin" clai!s a"ainst the estate of a deceased person. ($1a)
Section 21. Indigent party. # party !ay be authori'ed to liti"ate his action, clai! or defense as an indi"ent if the court, upon an e* parte application and
hearin", is satisfied that the party is one who has no !oney or property sufficient and available for food, shelter and basic necessities for hi!self and his
fa!ily.
uch authority shall include an exe!ption fro! pay!ent of docket and other lawful fees, and of transcripts of steno"raphic notes which the court !ay order
to be furnished hi!. The a!ount of the docket and other lawful fees which the indi"ent was exe!pted fro! payin" shall be a lien on any &ud"!ent rendered
in the case favorable to the indi"ent, unless the court otherwise provides.
#ny adverse party !ay contest the "rant of such authority at any ti!e before &ud"!ent is rendered by the trial court. *f the court should deter!ine after
hearin" that the party declared as an indi"ent is in fact a person with sufficient inco!e or property, the proper docket and other lawful fees shall be assessed
and collected by the clerk of court. *f pay!ent is not !ade within the ti!e fixed by the court, execution shall issue or the pay!ent thereof, without pre&udice
to such other sanctions as the court !ay i!pose. ($$a)
Section 22. #otice to the Solicitor +eneral. *n any action involvin" the validity of any treaty, law, ordinance, executive order, presidential decree, rules or
re"ulations, the court, in its discretion, !ay re7uire the appearance of the olicitor ?eneral who !ay be heard in person or a representative duly desi"nated
by hi!. ($)a)

RULE 4
&ene o! Actions
Section 1. ,enue of real actions. #ctions affectin" title to or possession of real property, or interest therein, shall be co!!enced and tried in the proper
court which has &urisdiction over the area wherein the real property involved, or a portion thereof, is situated.
>orcible entry and detainer actions shall be co!!enced and tried in the !unicipal trial court of the !unicipality or city wherein the real property involved, or
a portion thereof, is situated. (1@aA, $@aAa)
Section 2. ,enue of personal actions. #ll other actions !ay be co!!enced and tried where the plaintiff or any of the principal plaintiffs resides, or where
the defendant or any of the principal defendants resides, or in the case of a non4resident defendant where he !ay be found, at the election of the plaintiff.
($@bAa)
Section 3. ,enue of actions against nonresidents. *f any of the defendants does not reside and is not found in the 8hilippines, and the action affects the
personal status of the plaintiff, or any property of said defendant located in the 8hilippines, the action !ay be co!!enced and tried in the court of the place
where the plaintiff resides, or where the property or any portion thereof is situated or found. ($@cAa)
Section 4. !hen Rule not applicable. This Rule shall not apply.
(a) *n those cases where a specific rule or law provides otherwise- or
(b) /here the parties have validly a"reed in writin" before the filin" of the action on the exclusive venue thereof. ()a, 0a)
RULE 5
Uni!or' Procedre (n )rial Corts
Section 1. %niform procedure. The procedure in the 1unicipal Trial Courts shall be the sa!e as in the Re"ional Trial Courts, except (a) where a
particular provision expressly or i!pliedly applies only to either of said courts, or (b) in civil cases "overned by the Rule on u!!ary 8rocedure. (n)
Section 2. Meaning of terms. The ter! 31unicipal Trial Courts3 as used in these Rules shall include 1etropolitan Trial Courts, 1unicipal Trial Courts in
Cities, 1unicipal Trial Courts, and 1unicipal Circuit Trial Courts. (1a)
Procedre (n Re*ional )rial Corts
RULE 6
+inds O! Pleadin*s
Section 1. "leadings defined. 8leadin"s are the written state!ents of the respective clai!s and defenses of the parties sub!itted to the court for
appropriate &ud"!ent. (1a)
Section 2. "leadings allowed. The clai!s of a party are asserted in a co!plaint, counterclai!, cross4clai!, third (fourth, etc.)4party co!plaint, or
co!plaint4in4intervention.
The defenses of a party are alle"ed in the answer to the pleadin" assertin" a clai! a"ainst hi!.
#n answer !ay be responded to by a reply. (n)
Section 3. Complaint. The co!plaint is the pleadin" alle"in" the plaintiffBs cause or causes of action. The na!es and residences of the plaintiff and
defendant !ust be stated in the co!plaint. ()a)
Section 4. &nswer. #n answer is a pleadin" in which a defendin" party sets forth his defenses. ((a)
Section 5. )efenses. Cefenses !ay either be ne"ative or affir!ative.
(a) # ne"ative defense is the specific denial of the !aterial fact or facts alle"ed in the pleadin" of the clai!ant essential to his cause or causes of action.
(b) #n affir!ative defense is an alle"ation of a new !atter which, while hypothetically ad!ittin" the !aterial alle"ations in the pleadin" of the clai!ant, would
nevertheless prevent or bar recovery by hi!. The affir!ative defenses include fraud, statute of li!itations, release, pay!ent, ille"ality, statute of frauds,
estoppel, for!er recovery, dischar"e in bankruptcy, and any other !atter by way of confession and avoidance. (0a)
Section 6. Counterclaim. # counterclai! is any clai! which a defendin" party !ay have a"ainst an opposin" party. (+a)
Section ". Compulsory counterclaim. # co!pulsory counterclai! is one which, bein" co"ni'able by the re"ular courts of &ustice, arises out of or is
connected with the transaction or occurrence constitutin" the sub&ect !atter of the opposin" partyBs clai! and does not re7uire for its ad&udication the
presence of third parties of who! the court cannot ac7uire &urisdiction. uch a counterclai! !ust be within the &urisdiction of the court both as to the a!ount
and the nature thereof, except that in an ori"inal action before the Re"ional Trial Court, the counter4clai! !ay be considered co!pulsory re"ardless of the
a!ount. (n)
Section #. Cross$claim. # cross4clai! is any clai! by one party a"ainst a co4party arisin" out of the transaction or occurrence that is the sub&ect !atter
either of the ori"inal action or of a counterclai! therein. uch cross4clai! !ay include a clai! that the party a"ainst who! it is asserted is or !ay be liable
to the cross4clai!ant for all or part of a clai! asserted in the action a"ainst the cross4clai!ant. (9)
Section $. Counter$counterclaims and counter$crossclaims. # counter4clai! !ay be asserted a"ainst an ori"inal counter4clai!ant.
# cross4clai! !ay also be filed a"ainst an ori"inal cross4clai!ant. (n)
Section 1%. Reply. # reply is a pleadin", the office or function of which is to deny, or alle"e facts in denial or avoidance of new !atters alle"ed by way of
defense in the answer and thereby &oin or !ake issue as to such new !atters. *f a party does not file such reply, all the new !atters alle"ed in the answer
are dee!ed controverted.
*f the plaintiff wishes to interpose any clai!s arisin" out of the new !atters so alle"ed, such clai!s shall be set forth in an a!ended or supple!ental
co!plaint. (11)
Section 11. Third- .fourth- etc./0party complaint. # third (fourth, etc.) party co!plaint is a clai! that a defendin" party !ay, with leave of court, file
a"ainst a person not a party to the action, called the third (fourth, etc.) party defendant for contribution, inde!nity, subro"ation or any other relief, in
respect of his opponentBs clai!. (1$a)
Section 12. 1ringing new parties. /hen the presence of parties other than those to the ori"inal action is re7uired for the "rantin" of co!plete relief in the
deter!ination of a counterclai! or cross4clai!, the court shall order the! to be brou"ht in as defendants, if &urisdiction over the! can be obtained. (1()
Section 13. &nswer to third .fourth- etc./0party complaint. # third (fourth, etc.) party defendant !ay alle"e in his answer his defenses, counterclai!s
or cross4clai!s, includin" such defenses that the third (fourth, etc.) party plaintiff !ay have a"ainst the ori"inal plaintiffBs clai!. *n proper cases, he !ay
also assert a counterclai! a"ainst the ori"inal plaintiff in respect of the latterBs clai! a"ainst the third4party plaintiff. (n)
RULE "
Parts o! a Pleadin*
Section 1. Caption. The caption sets forth the na!e of the court, the title of the action, and the docket nu!ber if assi"ned.
The title of the action indicates the na!es of the parties. They shall all be na!ed in the ori"inal co!plaint or petition- but in subse7uent pleadin"s, it shall be
sufficient if the na!e of the first party on each side be stated with an appropriate indication when there are other parties.
Their respective participation in the case shall be indicated. (1a, $a)
Section 2. The body. The body of the pleadin" sets fourth its desi"nation, the alle"ations of the partyBs clai!s or defenses, the relief prayed for, and the
date of the pleadin". (n)
(a) "aragraphs. The alle"ations in the body of a pleadin" shall be divided into para"raphs so nu!bered to be readily identified, each of which shall
contain a state!ent of a sin"le set of circu!stances so far as that can be done with convenience. # para"raph !ay be referred to by its nu!ber in all
succeedin" pleadin"s. ()a)
(b) 2eadings. /hen two or !ore causes of action are &oined the state!ent of the first shall be prefaced by the words 3first cause of action,BB of the second
by 3second cause of action3, and so on for the others.
/hen one or !ore para"raphs in the answer are addressed to one of several causes of action in the co!plaint, they shall be prefaced by the words 3answer
to the first cause of action3 or 3answer to the second cause of action3 and so on- and when one or !ore para"raphs of the answer are addressed to several
causes of action, they shall be prefaced by words to that effect. (()
(c) Relief. The pleadin" shall specify the relief sou"ht, but it !ay add a "eneral prayer for such further or other relief as !ay be dee!ed &ust or e7uitable.
()a, R+)
(d) )ate. ,very pleadin" shall be dated. (n)
Section 3. Signature and address. ,very pleadin" !ust be si"ned by the party or counsel representin" hi!, statin" in either case his address which
should not be a post office box.
The si"nature of counsel constitutes a certificate by hi! that he has read the pleadin"- that to the best of his knowled"e, infor!ation, and belief there is
"ood "round to support it- and that it is not interposed for delay.
#n unsi"ned pleadin" produces no le"al effect. 6owever, the court !ay, in its discretion, allow such deficiency to be re!edied if it shall appear that the sa!e
was due to !ere inadvertence and not intended for delay. Counsel who deliberately files an unsi"ned pleadin", or si"ns a pleadin" in violation of this Rule,
or alle"es scandalous or indecent !atter therein, or fails pro!ptly report to the court a chan"e of his address, shall be sub&ect to appropriate disciplinary
action. (0a)
Section 4. ,erification. ,xcept when otherwise specifically re7uired by law or rule, pleadin"s need not be under oath, verified or acco!panied by affidavit
.(0a)
# pleadin" is verified by an affidavit that the affiant has read the pleadin" and that the alle"ations therein are true and correct of his knowled"e and belief.
# pleadin" re7uired to be verified which contains a verification based on 3infor!ation and belief3, or upon 3knowled"e, infor!ation and belief3, or lacks a
proper verification, shall be treated as an unsi"ned pleadin". (+a)
Section 5. Certification against forum shopping. The plaintiff or principal party shall certify under oath in the co!plaint or other initiatory pleadin"
assertin" a clai! for relief, or in a sworn certification annexed thereto and si!ultaneously filed therewith. (a) that he has not theretofore co!!enced any
action or filed any clai! involvin" the sa!e issues in any court, tribunal or 7uasi4&udicial a"ency and, to the best of his knowled"e, no such other action or
clai! is pendin" therein- (b) if there is such other pendin" action or clai!, a co!plete state!ent of the present status thereof- and (c) if he should thereafter
learn that the sa!e or si!ilar action or clai! has been filed or is pendin", he shall report that fact within five (0) days therefro! to the court wherein his
aforesaid co!plaint or initiatory pleadin" has been filed.
>ailure to co!ply with the fore"oin" re7uire!ents shall not be curable by !ere a!end!ent of the co!plaint or other initiatory pleadin" but shall be cause
for the dis!issal of the case without pre&udice, unless otherwise provided, upon !otion and after hearin". The sub!ission of a false certification or non4
co!pliance with any of the undertakin"s therein shall constitute indirect conte!pt of court, without pre&udice to the correspondin" ad!inistrative and cri!inal
actions. *f the acts of the party or his counsel clearly constitute willful and deliberate foru! shoppin", the sa!e shall be "round for su!!ary dis!issal with
pre&udice and shall constitute direct conte!pt, as well as a cause for ad!inistrative sanctions. (n)
RULE #
,anner o! ,a-in* Alle*ations in Pleadin*s
Section 1. In general. ,very pleadin" shall contain in a !ethodical and lo"ical for!, a plain, concise and direct state!ent of the ulti!ate facts on which
the party pleadin" relies for his clai! or defense, as the case !ay be, o!ittin" the state!ent of !ere evidentiary facts. (1)
*f a defense relied on is based on law, the pertinent provisions thereof and their applicability to hi! shall be clearly and concisely stated. (n)
Section 2. &lternative causes of action or defenses. # party !ay set forth two or !ore state!ents of a clai! or defense alternatively or hypothetically,
either in one cause of action or defense or in separate causes of action or defenses. /hen two or !ore state!ents are !ade in the alternative and one of
the! if !ade independently would be sufficient, the pleadin" is not !ade insufficient by the insufficiency of one or !ore of the alternative state!ents. ($)
Section 3. Conditions precedent. *n any pleadin" a "eneral aver!ent of the perfor!ance or occurrence of all conditions precedent shall be sufficient. ())
Section 4. Capacity. >acts showin" the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or
the le"al existence of an or"ani'ed association of person that is !ade a party, !ust be averred. # party desirin" to raise an issue as to the le"al existence of
any party or the capacity of any party to sue or be sued in a representative capacity, shall do so by specific denial, which shall include such supportin"
particulars as are peculiarly within the pleaderBs knowled"e. (()
Section 5. 3raud- mista'e- condition of the mind. *n all aver!ents of fraud or !istake the circu!stances constitutin" fraud or !istake !ust be stated with
particularity. 1alice, intent, knowled"e, or other condition of the !ind of a person !ay be averred "enerally.(0a)
Section 6. Judgment. *n pleadin" a &ud"!ent or decision of a do!estic or forei"n court, &udicial or 7uasi4&udicial tribunal, or of a board or officer, it is
sufficient to aver the &ud"!ent or decision without settin" forth !atter showin" &urisdiction to render it. (+)
Section ". &ction or defense based on document. /henever an action or defense is based upon a written instru!ent or docu!ent, the substance of
such instru!ent or docu!ent shall be set forth in the pleadin", and the ori"inal or a copy thereof shall be attached to the pleadin" as an exhibit, which shall
be dee!ed to be a part of the pleadin", or said copy !ay with like effect be set forth in the pleadin". (9)
Section #. 2ow to contest such documents. /hen an action or defense is founded upon a written instru!ent, copied in or attached to the correspondin"
pleadin" as provided in the precedin" section, the "enuineness and due execution of the instru!ent shall be dee!ed ad!itted unless the adverse party,
under oath specifically denies the!, and sets forth what he clai!s to be the facts, but the re7uire!ent of an oath does not apply when the adverse party
does not appear to be a party to the instru!ent or when co!pliance with an order for an inspection of the ori"inal instru!ent is refused. (:a)
Section $. Official document or act. *n pleadin" an official docu!ent or official act, it is sufficient to aver that the docu!ent was issued or the act done in
co!pliance with law. (;)
Section 1%. Specific denial. # defendant !ust specify each !aterial alle"ation of fact the truth of which he does not ad!it and, whenever practicable,
shall set forth the substance of the !atters upon which he relies to support his denial. /here a defendant desires to deny only a part of an aver!ent, he
shall specify so !uch of it as is true and !aterial and shall deny only the re!ainder. /here a defendant is without knowled"e or infor!ation sufficient to
for! a belief as to the truth of a !aterial aver!ent !ade to the co!plaint, he shall so state, and this shall have the effect of a denial. (1<a)
Section 11. &llegations not specifically denied deemed admitted. 1aterial aver!ent in the co!plaint, other than those as to the a!ount of unli7uidated
da!a"es, shall be dee!ed ad!itted when not specifically denied. #lle"ations of usury in a co!plaint to recover usurious interest are dee!ed ad!itted if not
denied under oath. (1a, R;)
Section 12. Stri'ing out of pleading or matter contained therein. 5pon !otion !ade by a party before respondin" to a pleadin" or, if no responsive
pleadin" is per!itted by these Rules, upon !otion !ade by a party within twenty ($<) days after the service of the pleadin" upon hi!, or upon the courtBs
own initiative at any ti!e, the court !ay order any pleadin" to be stricken out or that any sha! or false, redundant, i!!aterial, i!pertinent, or scandalous
!atter be stricken out therefro!. (0, R;)
RULE $
E!!ect o! .ailre to Plead
Section 1. )efenses and obections not pleaded. Cefenses and ob&ections not pleaded either in a !otion to dis!iss or in the answer are dee!ed waived.
6owever, when it appears fro! the pleadin"s or the evidence on record that the court has no &urisdiction over the sub&ect !atter, that there is another action
pendin" between the sa!e parties for the sa!e cause, or that the action is barred by a prior &ud"!ent or by statute of li!itations, the court shall dis!iss the
clai!. ($a)
Section 2. Compulsory counterclaim, or cross$claim, not set up barred. # co!pulsory counterclai!, or a cross4clai!, not set up shall be barred. ((a)
Section 3. )efault- declaration of. *f the defendin" party fails to answer within the ti!e allowed therefor, the court shall, upon !otion of the clai!in" party
with notice to the defendin" party, and proof of such failure, declare the defendin" party in default. Thereupon, the court shall proceed to render &ud"!ent
"rantin" the clai!ant such relief as his pleadin" !ay warrant, unless the court in its discretion re7uires the clai!ant to sub!it evidence. uch reception of
evidence !ay be dele"ated to the clerk of court. (1a, R1:)
(a) (ffect of order of default. # party in default shall be entitled to notice of subse7uent proceedin"s but not to take part in the trial. ($a, R1:)
(b) Relief from order of default. # party declared in default !ay at any ti!e after notice thereof and before &ud"!ent file a !otion under oath to set aside
the order of default upon proper showin" that his failure to answer was due to fraud, accident, !istake or excusable ne"li"ence and that he has a
!eritorious defense. *n such case, the order of default !ay be set aside on such ter!s and conditions as the &ud"e !ay i!pose in the interest of &ustice.
()a, R1:)
(c) (ffect of partial default. /hen a pleadin" assertin" a clai! states a co!!on cause of action a"ainst several defendin" parties, so!e of who! answer
and the others fail to do so, the court shall try the case a"ainst all upon the answers thus filed and render &ud"!ent upon the evidence presented. ((a, R1:).
(d) (*tent of relief to be awarded. # &ud"!ent rendered a"ainst a party in default shall not exceed the a!ount or be different in kind fro! that prayed for
nor award unli7uidated da!a"es. (0a, R1:).
(e) !here no defaults allowed. *f the defendin" party in an action for annul!ent or declaration of nullity of !arria"e or for le"al separation fails to answer,
the court shall order the prosecutin" attorney to investi"ate whether or not a collusion between the parties exists, and if there is no collusion, to intervene for
the tate in order to see to it that the evidence sub!itted is not fabricated. (+a, R1:)
RULE 1%
A'ended and S//le'ental Pleadin*s
Section 1. &mendments in general. 8leadin"s !ay be a!ended by addin" or strikin" out an alle"ation or the na!e of any party, or by correctin" a
!istake in the na!e of a party or a !istaken or inade7uate alle"ation or description in any other respect, so that the actual !erits of the controversy !ay
speedily be deter!ined, without re"ard to technicalities, and in the !ost expeditious and inexpensive !anner. (1)
Section 2. &mendments as a matter of right. # party !ay a!end his pleadin" once as a !atter of ri"ht at any ti!e before a responsive pleadin" is served
or, in the case of a reply, at any ti!e within ten (1<) days after it is served. ($a)
Section 3. &mendments by leave of court. ,xcept as provided in the next precedin" section, substantial a!end!ents !ay be !ade only upon leave of
court. %ut such leave !ay be refused if it appears to the court that the !otion was !ade with intent to delay. 2rders of the court upon the !atters provided
in this section shall be !ade upon !otion filed in court, and after notice to the adverse party, and an opportunity to be heard. ()a)
Section 4. 3ormal amendments. # defect in the desi"nation of the parties and other clearly clerical or typo"raphical errors !ay be su!!arily corrected
by the court at any sta"e of the action, at its initiative or on !otion, provided no pre&udice is caused thereby to the adverse party. ((a)
Section 5. &mendment to conform to or authori4e presentation of evidence. /hen issues not raised by the pleadin"s are tried with the express or i!plied
consent of the parties they shall be treated in all respects as if they had been raised in the pleadin"s. uch a!end!ent of the pleadin"s as !ay be
necessary to cause the! to confor! to the evidence and to raise these issues !ay be !ade upon !otion of any party at any ti!e, even after &ud"!ent- but
failure to a!end does not effect the result of the trial of these issues. *f evidence is ob&ected to at the trial on the "round that it is not within the issues !ade
by the pleadin"s, the court !ay allow the pleadin"s to be a!ended and shall do so with liberality if the presentation of the !erits of the action and the ends
of substantial &ustice will be subserved thereby. The court !ay "rant a continuance to enable the a!end!ent to be !ade. (0a)
Section 6. Supplemental pleadings. 5pon !otion of a party the court !ay, upon reasonable notice and upon such ter!s as are &ust, per!it hi! to serve
a supple!ental pleadin" settin" forth transactions, occurrences or events which have happened since the date of the pleadin" sou"ht to be supple!ented.
The adverse party !ay plead thereto within ten (1<) days fro! notice of the order ad!ittin" the supple!ental pleadin". (+a)
Section ". 3iling of amended pleadings. /hen any pleadin" is a!ended, a new copy of the entire pleadin", incorporatin" the a!end!ents, which shall
be indicated by appropriate !arks, shall be filed. (9a)
Section #. (ffect of amended pleadings. #n a!ended pleadin" supersedes the pleadin" that it a!ends. 6owever, ad!issions in superseded pleadin"s
!ay be received in evidence a"ainst the pleader, and clai!s or defenses alle"ed therein not incorporated in the a!ended pleadin" shall be dee!ed waived.
(n)
RULE 11
01en to .ile Res/onsive Pleadin*s
Section 1. &nswer to the complaint. The defendant shall file his answer to the co!plaint within fifteen (10) days after service of su!!ons, unless a
different period is fixed by the court. (la)
Section 2. &nswer of a defendant foreign private uridical entity. /here the defendant is a forei"n private &uridical entity and service of su!!ons is !ade
on the "overn!ent official desi"nated by law to receive the sa!e, the answer shall be filed within thirty ()<) days after receipt of su!!ons by such entity.
($a)
Section 3. &nswer to amended complaint. /hen the plaintiff files an a!ended co!plaint as a !atter of ri"ht, the defendant shall answer the sa!e within
fifteen (10) days after bein" served with a copy thereof.
/here its filin" is not a !atter of ri"ht, the defendant shall answer the a!ended co!plaint within ten (l<) days fro! notice of the order ad!ittin" the sa!e.
#n answer earlier filed !ay serve as the answer to the a!ended co!plaint if no new answer is filed.
This Rule shall apply to the answer to an a!ended counterclai!, a!ended cross4clai!, a!ended third (fourth, etc.)party co!plaint, and a!ended
co!plaint4in4intervention. ()a)
Section 4. &nswer to counterclaim or cross$claim. # counterclai! or cross4clai! !ust be answered within ten (1<) days fro! service. (()
Section 5. &nswer to third .fourth- etc./$party complaint. The ti!e to answer a third (fourth, etc.)party co!plaint shall be "overned by the sa!e rule as
the answer to the co!plaint. (0a)
Section 6. Reply. # reply !ay be filed within ten (1<) days fro! service of the pleadin" responded to. (+)
Section ". &nswer to supplemental complain. # supple!ental co!plaint !ay be answered within ten (1<) days fro! notice of the order ad!ittin" the
sa!e, unless a different period is fixed by the court. The answer to the co!plaint shall serve as the answer to the supple!ental co!plaint if no new or
supple!ental answer is filed. (n)
Section #. (*isting counterclaim or cross$claim. # co!pulsory counterclai! or a cross4clai! that a defendin" party has at the ti!e he files his answer
shall be contained therein. (:a, R+)
Section $. Counterclaim or cross$claim arising after answer. # counterclai! or a cross4clai! which either !atured or was ac7uired by a party after
servin" his pleadin" !ay, with the per!ission of the court, be presented as a counterclai! or a cross4clai! by supple!ental pleadin" before &ud"!ent. (;,
R+)
Section 1%. Omitted counterclaim or cross$claim. /hen a pleader fails to set up a counterclai! or a cross4clai! throu"h oversi"ht, inadvertence, or
excusable ne"lect, or when &ustice re7uires, he !ay, by leave of court, set up the counterclai! or cross4clai! by a!end!ent before &ud"!ent. (), R;)
Section 11. (*tension of time to plead. 5pon !otion and on such ter!s as !ay be &ust, the court !ay extend the ti!e to plead provided in these Rules.
The court !ay also, upon like ter!s, allow an answer or other pleadin" to be filed after the ti!e fixed by these Rules. (9)
RULE 12
2ill o! Particlars
Section 1. !hen applied for- purpose. %efore respondin" to a pleadin", a party !ay !ove for a definite state!ent or for a bill of particulars of any !atter
which is not averted with sufficient definiteness or particularity to enable hi! properly to prepare his responsive pleadin". *f the pleadin" is a reply, the
!otion !ust be filed within ten (1<) days fro! service thereof. uch !otion shall point out the defects co!plained of, the para"raphs wherein they are
contained, and the details desired. (1a)
Section 2. &ction by the court. 5pon the filin" of the !otion, the clerk of court !ust i!!ediately brin" it to the attention of the court which !ay either
deny or "rant it outri"ht, or allow the parties the opportunity to be heard. (n)
Section 3. Compliance with order. *f the !otion is "ranted, either in whole or in part, the co!pliance therewith !ust be effected within ten (1<) days fro!
notice of the order, unless a different period is fixed by the court. The bill of particulars or a !ore definite state!ent ordered by the court !ay be filed either
in a separate or in an a!ended pleadin", servin" a copy thereof on the adverse party. (n)
Section 4. (ffect of non$compliance. *f the order is not obeyed, or in case of insufficient co!pliance therewith, the court !ay order the strikin" out of the
pleadin" or the portions thereof to which the order was directed or !ake such other order as it dee!s &ust. (1@cAa)
Section 5. Stay of period to file responsive pleading. #fter service of the bill of particulars or of a !ore definite pleadin", or after notice of denial of his
!otion, the !ovin" party !ay file his responsive pleadin" within the period to which he was entitled at the ti!e of filin" his !otion, which shall not be less
than five (0) days in any event. (1@bAa)
Section 6. 1ill a part of pleading. # bill of particulars beco!es part of the pleadin" for which it is intended. (1@aAa)
RULE 13
.ilin* and Service o! Pleadin*s3 4d*'ents and Ot1er Pa/ers
Section 1. Coverage. This Rule shall "overn the filin" of all pleadin"s and other papers, as well as the service thereof, except those for which a different
!ode of service is prescribed. (n)
Section 2. 3iling and service, defined. >ilin" is the act of presentin" the pleadin" or other paper to the clerk of court.
ervice is the act of providin" a party with a copy of the pleadin" or paper concerned. *f any party has appeared by counsel, service upon hi! shall be !ade
upon his counsel or one of the!, unless service upon the party hi!self is ordered by the court. /here one counsel appears for several parties, he shall only
be entitled to one copy of any paper served upon hi! by the opposite side. ($a)
Section 3. Manner of filing. The filin" of pleadin"s, appearances, !otions, notices, orders, &ud"!ents and all other papers shall be !ade by presentin"
the ori"inal copies thereof, plainly indicated as such, personally to the clerk of court or by sendin" the! by re"istered !ail. *n the first case, the clerk of court
shall endorse on the pleadin" the date and hour of filin". *n the second case, the date of the !ailin" of !otions, pleadin"s, or any other papers or pay!ents
or deposits, as shown by the post office sta!p on the envelope or the re"istry receipt, shall be considered as the date of their filin", pay!ent, or deposit in
court. The envelope shall be attached to the record of the case. (1a)
Section 4. "apers re5uired to be filed and served. ,very &ud"!ent, resolution, order, pleadin" subse7uent to the co!plaint, written !otion, notice,
appearance, de!and, offer of &ud"!ent or si!ilar papers shall be filed with the court, and served upon the parties affected. ($a)
Section 5. Modes of service. ervice of pleadin"s !otions, notices, orders, &ud"!ents and other papers shall be !ade either personally or by !ail. ()a)
Section 6. "ersonal service. ervice of the papers !ay be !ade by deliverin" personally a copy to the party or his counsel, or by leavin" it in his office
with his clerk or with a person havin" char"e thereof. *f no person is found in his office, or his office is not known, or he has no office, then by leavin" the
copy, between the hours of ei"ht in the !ornin" and six in the evenin", at the partyBs or counselBs residence, if known, with a person of sufficient a"e and
discretion then residin" therein. ((a)
Section ". Service by mail. ervice by re"istered !ail shall be !ade by depositin" the copy in the post office in a sealed envelope, plainly addressed to
the party or his counsel at his office, if known, otherwise at his residence, if known, with posta"e fully prepaid, and with instructions to the post!aster to
return the !ail to the sender after ten (1<) days if undelivered. *f no re"istry service is available in the locality of either the senders or the addressee, service
!ay be done by ordinary !ail. (0a- %ar 1atter =o. :<), 19 >ebruary 1;;:)
Section #. Substituted service. *f service of pleadin"s, !otions, notices, resolutions, orders and other papers cannot be !ade under the two precedin"
sections, the office and place of residence of the party or his counsel bein" unknown, service !ay be !ade by deliverin" the copy to the clerk of court, with
proof of failure of both personal service and service by !ail. The service is co!plete at the ti!e of such delivery. (+a)
Section $. Service of udgments, final orders, or resolutions. Dud"!ents, final orders or resolutions shall be served either personally or by re"istered !ail.
/hen a party su!!oned by publication has failed to appear in the action, &ud"!ents, final orders or resolutions a"ainst hi! shall be served upon hi! also
by publication at the expense of the prevailin" party. (9a)
Section 1%. Completeness of service. 8ersonal service is co!plete upon actual delivery. ervice by ordinary !ail is co!plete upon the expiration of ten
(1<) days after !ailin", unless the court otherwise provides. ervice by re"istered !ail is co!plete upon actual receipt by the addressee, or after five (0)
days fro! the date he received the first notice of the post!aster, whichever date is earlier. (:a)
Section 11. "riorities in modes of service and filing. /henever practicable, the service and filin" of pleadin"s and other papers shall be done personally.
,xcept with respect to papers e!anatin" fro! the court, a resort to other !odes !ust be acco!panied by a written explanation why the service or filin" was
not done personally. # violation of this Rule !ay be cause to consider the paper as not filed. (n)
Section 12. "roof of filing. The filin" of a pleadin" or paper shall be proved by its existence in the record of the case. *f it is not in the record, but is
clai!ed to have been filed personally, the filin" shall be proved by the written or sta!ped acknowled"!ent of its filin" by the clerk of court on a copy of the
sa!e- if filed by re"istered !ail, by the re"istry receipt and by the affidavit of the person who did the !ailin", containin" a full state!ent of the date and
place of depositin" the !ail in the post office in a sealed envelope addressed to the court, with posta"e fully prepaid, and with instructions to the post!aster
to return the !ail to the sender after ten (1<) days if not delivered. (n)
Section 13. "roof of Service. 8roof of personal service shall consist of a written ad!ission of the party served, or the official return of the server, or the
affidavit of the party servin", containin" a full state!ent of the date, place and !anner of service. *f the service is by ordinary !ail, proof thereof shall consist
of an affidavit of the person !ailin" of facts showin" co!pliance with section 9 of this Rule. *f service is !ade by re"istered !ail, proof shall be !ade by
such affidavit and the re"istry receipt issued by the !ailin" office. The re"istry return card shall be filed i!!ediately upon its receipt by the sender, or in lieu
thereof the unclai!ed letter to"ether with the certified or sworn copy of the notice "iven by the post!aster to the addressee. (1<a)
Section 14. #otice of lis pendens. *n an action affectin" the title or the ri"ht of possession of real property, the plaintiff and the defendant, when
affir!ative relief is clai!ed in his answer, !ay record in the office of the re"istry of deeds of the province in which the property is situated notice of the
pendency of the action. aid notice shall contain the na!es of the parties and the ob&ect of the action or defense, and a description of the property in that
province affected thereby. 2nly fro! the ti!e of filin" such notice for record shall a purchaser, or encu!brancer of the property affected thereby, be dee!ed
to have constructive notice of the pendency of the action, and only of its pendency a"ainst the parties desi"nated by their real na!es.
The notice of lis pendens hereinabove !entioned !ay be cancelled only upon order of the court, after proper showin" that the notice is for the purpose of
!olestin" the adverse party, or that it is not necessary to protect the ri"hts of the ri"hts of the party who caused it to be recorded. ($(a, R41()
RULE 14
S''ons
Section 1. Cler' to issue summons. 5pon the filin" of the co!plaint and the pay!ent of the re7uisite le"al fees, the clerk of court shall forthwith issue the
correspondin" su!!ons to the defendants. (1a)
Section 2. Contents. The su!!ons shall be directed to the defendant, si"ned by the clerk of court under seal and contain (a) the na!e of the court and
the na!es of the parties to the action- (b) a direction that the defendant answer within the ti!e fixed by these Rules- (c) a notice that unless the defendant
so answers plaintiff will take &ud"!ent by default and !ay be "ranted the relief applied for.
# copy of the co!plaint and order for appoint!ent of "uardian ad litem if any, shall be attached to the ori"inal and each copy of the su!!ons. ()a)
Section 3. 1y whom served. The su!!ons !ay be served by the sheriff, his deputy, or other proper court officer, or for &ustifiable reasons by any suitable
person authori'ed by the court issuin" the su!!ons. (0a)
Section 4. Return. /hen the service has been co!pleted, the server shall, within five (0) days therefro!, serve a copy of the return, personally or by
re"istered !ail, to the plaintiffBs counsel, and shall return the su!!ons to the clerk, who issued it, acco!panied by proof of service. (+a)
Section 5. Issuance of alias summons. *f a su!!ons is returned without bein" served on any or all of the defendants, the server shall also serve a copy
of the return on the plaintiffBs counsel, statin" the reasons for the failure of service, within five (0) days therefro!. *n such a case, or if the su!!ons has
been lost, the clerk, on de!and of the plaintiff, !ay issue an alias su!!ons. ((a)
Section 6. Service in person on defendant. /henever practicable, the su!!ons shall be served by handlin" a copy thereof to the defendant in person,
or, if he refuses to receive and si"n for it, by tenderin" it to hi!. (9a)
Section ". Substituted service. *f, for &ustifiable causes, the defendant cannot be served within a reasonable ti!e as provided in the precedin" section,
service !ay be effected (a) by leavin" copies of the su!!ons at the defendantBs residence with so!e person of suitable a"e and discretion then residin"
therein, or (b) by leavin" the copies at defendantBs office or re"ular place of business with so!e co!petent person in char"e thereof. (:a)
Section #. Service upon entity without uridical personality. /hen persons associated in an entity without &uridical personality are sued under the na!e
by which they are "enerally or co!!only known, service !ay be effected upon all the defendants by servin" upon any one of the!, or upon the person in
char"e of the office or place of business !aintained in such na!e. %ut such service shall not bind individually any person whose connection with the entity
has, upon due notice, been severed before the action was brou"ht. (;a)
Section $. Service upon prisoners. /hen the defendant is a prisoner confined in a &ail or institution, service shall be effected upon hi! by the officer
havin" the !ana"e!ent of such &ail or institution who is dee!ed deputi'ed as a special sheriff for said purpose. (1$a)
Section 1%. Service upon minors and incompetents. /hen the defendant is a !inor, insane or otherwise an inco!petent, service shall be !ade upon
hi! personally and on his le"al "uardian if he has one, or if none his "uardian ad litemwhose appoint!ent shall be applied for by the plaintiff. *n the case of
a !inor, service !ay also be !ade on his father or !other. (l<a, 11a)
Section 11. Service upon domestic private uridical entity. /hen the defendant is a corporation, partnership or association or"ani'ed under the laws of
the 8hilippines with a &uridical personality, service !ay be !ade on the president, !ana"in" partner, "eneral !ana"er, corporate secretary, treasurer, or in4
house counsel. (1)a)
Section 12. Service upon foreign private uridical entities. /hen the defendant is a forei"n private &uridical entity which has transacted business in the
8hilippines, service !ay be !ade on its resident a"ent desi"nated in accordance with law for that purpose, or, if there be no such a"ent, on the "overn!ent
official desi"nated by law to that effect, or on any of its officers or a"ents within the 8hilippines. (1(a)
Section 13. Service upon public corporations. /hen the defendant is the Republic of the 8hilippines, service !ay be effected on the olicitor ?eneral- in
case of a province, city or !unicipality, or like public corporations, service !ay be effected on its executive head, or on such other officer or officers as the
law or the court !ay direct. (10)
Section 14. Service upon defendant whose identity or whereabouts are un'nown. *n any action where the defendant is desi"nated as an unknown
owner, or the like, or whenever his whereabouts are unknown and cannot be ascertained by dili"ent in7uiry, service !ay, by leave of court, be effected upon
hi! by publication in a newspaper of "eneral circulation and in such places and for such ti!e as the court !ay order. (1+a)
Section 15. (*traterritorial service. /hen the defendant does not reside and is not found in the 8hilippines, and the action affects the personal status of
the plaintiff or relates to, or the sub&ect of which is, property within the 8hilippines, in which the defendant has or clai!s a lien or interest, actual or
contin"ent, or in which the relief de!anded consists, wholly or in part, in excludin" the defendant fro! any interest therein, or the property of the defendant
has been attached within the 8hilippines, service !ay, by leave of court, be effected out of the 8hilippines by personal service as under section +- or by
publication in a newspaper of "eneral circulation in such places and for such ti!e as the court !ay order, in which case a copy of the su!!ons and order of
the court shall be sent by re"istered !ail to the last known address of the defendant, or in any other !anner the court !ay dee! sufficient. #ny order
"rantin" such leave shall specify a reasonable ti!e, which shall not be less than sixty (+<) days after notice, within which the defendant !ust answer. (19a)
Section 16. Residents temporarily out of the "hilippines. /hen any action is co!!enced a"ainst a defendant who ordinarily resides within the
8hilippines, but who is te!porarily out of it, service !ay, by leave of court, be also effected out of the 8hilippines, as under the precedin" section. (1:a)
Section 1". 6eave of court. #ny application to the court under this Rule for leave to effect service in any !anner for which leave of court is necessary
shall be !ade by !otion in writin", supported by affidavit of the plaintiff or so!e person on his behalf, settin" forth the "rounds for the application. (1;)
Section 1#. "roof of service. The proof of service of a su!!ons shall be !ade in writin" by the server and shall set forth the !anner, place, and date of
service- shall specify any papers which have been served with the process and the na!e of the person who received the sa!e- and shall be sworn to when
!ade by a person other than a sheriff or his deputy. ($<)
Section 1$. "roof of service by publication. *f the service has been !ade by publication, service !ay be proved by the affidavit of the printer, his fore!an
or principal clerk, or of the editor, business or advertisin" !ana"er, to which affidavit a copy of the publication shall be attached and by an affidavit showin"
the deposit of a copy of the su!!ons and order for publication in the post office, posta"e prepaid, directed to the defendant by re"istered !ail to his last
known address. ($1)
Section 2%. ,oluntary appearance. The defendantBs voluntary appearance in the action shall be e7uivalent to service of su!!ons. The inclusion in a
!otion to dis!iss of other "rounds aside fro! lack of &urisdiction over the person of the defendant shall not be dee!ed a voluntary appearance. ($)a)
RULE 15
,otions
Section 1. Motion defined. # !otion is an application for relief other than by a pleadin". (1a)
Section 2. Motions must be in writings. #ll !otions shall be in writin" except those !ade in open court or in the course of a hearin" or trial. ($a)
Section 3. Contents. # !otion shall state the relief sou"ht to be obtained and the "rounds upon which it is based, and if re7uired by these Rules or
necessary to prove facts alle"ed therein, shall be acco!panied by supportin" affidavits and other papers. ()a)
Section 4. 2earing of motion. ,xcept for !otions which the court !ay act upon without pre&udicin" the ri"hts of the adverse party, every written !otion
shall be set for hearin" by the applicant.
,very written !otion re7uired to be heard and the notice of the hearin" thereof shall be served in such a !anner as to ensure its receipt by the other party at
least three ()) days before the date of hearin", unless the court for "ood cause sets the hearin" on shorter notice. ((a)
Section 5. #otice of hearing. The notice of hearin" shall be addressed to all parties concerned, and shall specify the ti!e and date of the hearin" which
!ust not be later than ten (1<) days after the filin" of the !otion. (0a)
Section 6. "roof of service necessary. =o written !otion set for hearin" shall be acted upon by the court without proof of service thereof. (+a)
Section ". Motion day. ,xcept for !otions re7uirin" i!!ediate action, all !otions shall be scheduled for hearin" on >riday afternoons, or if >riday is a
non4workin" day, in the afternoon of the next workin" day. (9a)
Section #. Omnibus motion. ub&ect to the provisions of section 1 of Rule ;, a !otion attackin" a pleadin", order, &ud"!ent, or proceedin" shall include
all ob&ections then available, and all ob&ections not so included shall be dee!ed waived. (:a)
Section $. Motion for leave. # !otion for leave to file a pleadin" or !otion shall be acco!panied by the pleadin" or !otion sou"ht to be ad!itted. (n)
Section 1%. 3orm. The Rules applicable to pleadin"s shall apply to written !otions so far as concerns caption, desi"nation, si"nature, and other !atters
of for!. (;a)
RULE 16
,otion to 5is'iss
Section 1. +rounds. /ithin the ti!e for but before filin" the answer to the co!plaint or pleadin" assertin" a clai!, a !otion to dis!iss !ay be !ade on
any of the followin" "rounds.
(a) That the court has no &urisdiction over the person of the defendin" party-
(b) That the court has no &urisdiction over the sub&ect !atter of the clai!-
(c) That venue is i!properly laid-
(d) That the plaintiff has no le"al capacity to sue-
(e) That there is another action pendin" between the sa!e parties for the sa!e cause-
(f) That the cause of action is barred by a prior &ud"!ent or by the statute of li!itations-
(") That the pleadin" assertin" the clai! states no cause of action-
(h) That the clai! or de!and set forth in the plaintiffBs pleadin" has been paid, waived, abandoned, or otherwise extin"uished-
(i) That the clai! on which the action is founded is enforceable under the provisions of the statute of frauds- and
(&) That a condition precedent for filin" the clai! has not been co!plied with. (1a)
Section 2. 2earing of motion. #t the hearin" of the !otion, the parties shall sub!it their ar"u!ents on the 7uestions of law and their evidence on the
7uestions of fact involved except those not available at that ti!e. hould the case "o to trial, the evidence presented durin" the hearin" shall auto!atically
be part of the evidence of the party presentin" the sa!e. (n)
Section 3. Resolution of Motion. #fter the hearin", the court !ay dis!iss the action or clai!, deny the !otion, or order the a!end!ent of the pleadin".
The court shall not defer the resolution of the !otion for the reason that the "round relied upon is not indubitable.
*n every case, the resolution shall state clearly and distinctly the reasons therefor. ()a)
Section 4. Time to plead. *f the !otion is denied, the !ovant shall file his answer within the balance of the period prescribed by Rule 11 to which he was
entitled at the ti!e of servin" his !otion, but not less than five (0) days in any event, co!puted fro! his receipt of the notice of the denial. *f the pleadin" is
ordered to be a!ended, he shall file his answer within the period prescribed by Rule 11 counted fro! service of the a!ended pleadin", unless the court
provides a lon"er period. ((a)
Section 5. (ffect of dismissal. ub&ect to the ri"ht of appeal, an order "rantin" a !otion to dis!iss based on para"raphs (f), (h) and (i) of section 1 hereof
shall bar the refilin" of the sa!e action or clai!. (n)
Section 6. "leading grounds as affirmative defenses. *f no !otion to dis!iss has been filed, any of the "rounds for dis!issal provided for in this Rule
!ay be pleaded as an affir!ative defense in the answer and, in the discretion of the court, a preli!inary hearin" !ay be had thereon as if a !otion to
dis!iss had been filed. (0a)
The dis!issal of the co!plaint under this section shall be without pre&udice to the prosecution in the sa!e or separate action of a counterclai! pleaded in
the answer. (n)
RULE 1"
5is'issal o! Actions
Section 1. )ismissal upon notice by plaintiff. # co!plaint !ay be dis!issed by the plaintiff by filin" a notice of dis!issal at any ti!e before service of the
answer or of a !otion for su!!ary &ud"!ent. 5pon such notice bein" filed, the court shall issue an order confir!in" the dis!issal. 5nless otherwise stated
in the notice, the dis!issal is without pre&udice, except that a notice operates as an ad&udication upon the !erits when filed by a plaintiff who has once
dis!issed in a co!petent court an action based on or includin" the sa!e clai!. (1a)
Section 2. )ismissal upon motion of plaintiff. ,xcept as provided in the precedin" section, a co!plaint shall not be dis!issed at the plaintiffBs instance
save upon approval of the court and upon such ter!s and conditions as the court dee!s proper. *f a counterclai! has been pleaded by a defendant prior to
the service upon hi! of the plaintiffs !otion for dis!issal, the dis!issal shall be li!ited to the co!plaint. The dis!issal shall be without pre&udice to the ri"ht
of the defendant to prosecute his counterclai! in a separate action unless within fifteen (10) days fro! notice of the !otion he !anifests his preference to
have his counterclai! resolved in the sa!e action. 5nless otherwise specified in the order, a dis!issal under this para"raph shall be without pre&udice. #
class suit shall not be dis!issed or co!pro!ised without the approval of the court. ($a)
Section 3. )ismissal due to fault of plaintiff. *f, for no &ustifiable cause, the plaintiff fails to appear on the date of the presentation of his evidence in chief
on the co!plaint, or to prosecute his action for an unreasonable len"th of ti!e, or to co!ply with these Rules or any order of the court, the co!plaint !ay be
dis!issed upon !otion of the defendant or upon the courtBs own !otion, without pre&udice to the ri"ht of the defendant to prosecute his counterclai! in the
sa!e or in a separate action. This dis!issal shall have the effect of an ad&udication upon the !erits, unless otherwise declared by the court. ()a)
Section 4. )ismissal of counterclaim, cross$claim, or third$party complaint. The provisions of this Rule shall apply to the dis!issal of any counterclai!,
cross4clai!, or third4party co!plaint. # voluntary dis!issal by the clai!ant by notice as in section 1 of this Rule, shall be !ade before a responsive pleadin"
or a !otion for su!!ary &ud"!ent is served or, if there is none, before the introduction of evidence at the trial or hearin". ((a)
RULE 1#
Pre6)rial
Section 1. !hen conducted. #fter the last pleadin" has been served and filed, if shall be the duty of the plaintiff to pro!ptly !ove e* parte that the case
be set for pre4trial (0a, R$<)
Section 2. #ature and purpose. The pre4trial is !andatory. The court shall consider.
(a) The possibility of an a!icable settle!ent or of a sub!ission to alternative !odes of dispute resolution-
(b) The si!plification of the issues-
(c) The necessity or desirability of a!end!ents to the pleadin"s-
(d) The possibility of obtainin" stipulations or ad!issions of facts and of docu!ents to avoid unnecessary proof-
(e) The li!itation of the nu!ber of witnesses-
(f) The advisability of a preli!inary reference of issues to a co!!issioner-
(") The propriety of renderin" &ud"!ent on the pleadin"s, or su!!ary &ud"!ent, or of dis!issin" the action should a valid "round therefor be found to exist-
(h) The advisability or necessity of suspendin" the proceedin"s- and
(i) uch other !atters as !ay aid in the pro!pt disposition of the action. (1a, R$<)
Section 3. #otice of pre$trial. The notice of pre4trial shall be served on counsel, or on the party who has no counsel. The counsel served with such notice
is char"ed with the duty of notifyin" the party represented by hi!. (n)
Section 4. &ppearance of parties. *t shall be the duty of the parties and their counsel to appear at the pre4trial. The non4appearance of a party !ay be
excused only if a valid cause is shown therefor or if a representative shall appear in his behalf fully authori'ed in writin" to enter into an a!icable settle!ent,
to sub!it to alternative !odes of dispute resolution, and to enter into stipulations or ad!issions of facts and of docu!ents. (n)
Section 5. (ffect of failure to appear. The failure of the plaintiff to appear when so re7uired pursuant to the next precedin" section shall be cause for
dis!issal of the action. The dis!issal shall be with pre&udice, unless other4wise ordered by the court. # si!ilar failure on the part of the defendant shall be
cause to allow the plaintiff to present his evidence e* parte and the court to render &ud"!ent on the basis thereof. ($a, R$<)
Section 6. "re$trial brief. The parties shall file with the court and serve on the adverse party, in such !anner as shall ensure their receipt thereof at least
three ()) days before the date of the pre4trial, their respective pre4trial briefs which shall contain, a!on" others.
(a) # state!ent of their willin"ness to enter into a!icable settle!ent or alternative !odes of dispute resolution, indicatin" the desired ter!s thereof-
(b) # su!!ary of ad!itted facts and proposed stipulation of facts-
(c) The issues to be tried or resolved-
(d) The docu!ents or exhibits to be presented statin" the purpose thereof-
(e) # !anifestation of their havin" availed or their intention to avail the!selves of discovery procedures or referral to co!!issioners- and
(f) The nu!ber and na!es of the witnesses, and the substance of their respective testi!onies.
>ailure to file the pre4trial brief shall have the sa!e effect as failure to appear at the pre4trial. (n)
Section ". Record of pre$trial. The proceedin"s in the pre4trial shall be recorded. 5pon the ter!ination thereof, the court shall issue an order which shall
recite in detail the !atters taken up in the conference, the action taken thereon, the a!end!ents allowed to the pleadin"s, and the a"ree!ents or
ad!issions !ade by the parties as to any of the !atters considered. hould the action proceed to trial, the order shall, explicitly define and li!it the issues
to be tried. The contents of the order shall control the subse7uent course of the action, unless !odified before trial to prevent !anifest in&ustice. (0a, R$<)
RULE 1$
(ntervention
Section 1. !ho may intervene. # person who has a le"al interest in the !atter in liti"ation, or in the success of either of the parties, or an interest a"ainst
both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof !ay, with
leave of court, be allowed to intervene in the action. The court shall consider whether or not the intervention will unduly delay or pre&udice the ad&udication of
the ri"hts of the ori"inal parties, and whether or not the intervenorBs ri"hts !ay be fully protected in a separate proceedin". ($@aA, @bAa, R1$)
Section 2. Time to intervene. The !otion to intervene !ay be filed at any ti!e before rendition of &ud"!ent by the trial court. # copy of the pleadin"4in4
intervention shall be attached to the !otion and served on the ori"inal parties. (n)
Section 3. "leadings$in$intervention. The intervenor shall file a co!plaint4in4intervention if he asserts a clai! a"ainst either or all of the ori"inal parties, or
an answer4in4intervention if he unites with the defendin" party in resistin" a clai! a"ainst the latter. ($@cAa, R1$)
Section 4. &nswer to complaint$in$intervention. The answer to the co!plaint4in4intervention shall be filed within fifteen (10) days fro! notice of the order
ad!ittin" the sa!e, unless a different period is fixed by the court. ($@dAa, R1$)
RULE 2%
Calendar o! Cases
Section 1. Calendar of cases. The clerk of court, under the direct supervision of the &ud"e, shall keep a calendar of cases for pre4trial, for trial, those
whose trials were ad&ourned or postponed, and those with !otions to set for hearin". 8reference shall be "iven to habeas corpus cases, election cases,
special civil actions, and those so re7uired by law. (1a, R$$)
Section 2. &ssignment of cases. The assi"n!ent of cases to the different branches of a court shall be done exclusively by raffle. The assi"n!ent shall
be done in open session of which ade7uate notice shall be "iven so as to afford interested parties the opportunity to be present. (9a, R$$)
RULE 21
S7/oena
Section 1. Subpoena and subpoena duces tecum. ubpoena is a process directed to a person re7uirin" hi! to attend and to testify at the hearin" or the
trial of an action, or at any investi"ation conducted by co!petent authority, or for the takin" of his deposition. *t !ay also re7uire hi! to brin" with hi! any
books, docu!ents, or other thin"s under his control, in which case it is called a subpoena duces tecum. (1a, R$))
Section 2. 1y whom issued. The subpoena !ay be issued by
(a) the court before who! the witness is re7uired to attend-
(b) the court of the place where the deposition is to be taken-
(c) the officer or body authori'ed by law to do so in connection with investi"ations conducted by said officer or body- or
(d) any Dustice of the upre!e Court or of the Court of #ppeals in any case or investi"ation pendin" within the 8hilippines.
/hen application for a subpoena to a prisoner is !ade, the &ud"e or officer shall exa!ine and study carefully such application to deter!ine whether the
sa!e is !ade for a valid purpose.
=o prisoner sentenced to death, reclusion perpetua or life i!prison!ent and who is confined in any penal institution shall be brou"ht outside the said penal
institution for appearance or attendance in any court unless authori'ed by the upre!e Court ($a, R$))
Section 3. 3orm and contents. # subpoena shall state the na!e of the court and the title of the action or investi"ation, shall be directed to the person
whose attendance is re7uired, and in the case of a subpoena duces tecum, it shall also contain a reasonable description of the books, docu!ents or thin"s
de!anded which !ust appear to the court prima facie relevant. ()a, R$))
Section 4. 7uashing a subpoena. The court !ay 7uash a subpoena duces tecum upon !otion pro!ptly !ade and, in any event, at or before the ti!e
specified therein if it is unreasonable and oppressive, or the relevancy of the books, docu!ents or thin"s does not appear, or if the person in whose behalf
the subpoena is issued fails to advance the reasonable cost of the production thereof.
The court !ay 7uash a subpoena ad testificandum on the "round that the witness is not bound thereby. *n either case, the subpoena !ay be 7uashed on
the "round that the witness fees and kilo!etra"e allowed by these Rules were not tendered when the subpoena was served. ((a, R$))
Section 5. Subpoena for depositions. 8roof of service of a notice to take a deposition, as provided in sections 10 and $0 of Rule $), shall constitute
sufficient authori'ation for the issuance of subpoenas for the persons na!ed in said notice by the clerk of the court of the place in which the deposition is to
be taken. The clerk shall not, however, issue a subpoena duces tecum to any such person without an order of the court. (0a, R$))
Section 6. Service. ervice of a subpoena shall be !ade in the sa!e !anner as personal or substituted service of su!!ons. The ori"inal shall be
exhibited and a copy thereof delivered to the person on who! it is served, tenderin" to hi! the fees for one dayBs attendance and the kilo!etra"e allowed
by these Rules, except that, when a subpoena is issued by or on behalf of the Republic of the 8hilippines or an officer or a"ency thereof, the tender need
not be !ade. The service !ust be !ade so as to allow the witness a reasonable ti!e for preparation and travel to the place of attendance. *f the subpoena
is duces tecum- the reasonable cost of producin" the books, docu!ents or thin"s de!anded shall also be tendered. (+a, R$))
Section ". "ersonal appearance in court. # person present in court before a &udicial officer !ay be re7uired to testify as if he were in attendance upon a
subpoena is sued by such court or officer. (1<, R$))
Section #. Compelling attendance. *n case of failure of a witness to attend, the court or &ud"e issuin" the subpoena, upon proof of the service thereof and
of the failure of the witness, !ay issue a warrant to the sheriff of the province, or his deputy, to arrest the witness and brin" hi! before the court or officer
where his attendance is re7uired, and the cost of such warrant and sei'ure of such witness shall be paid by the witness if the court issuin" it shall deter!ine
that his failure to answer the subpoena was willful and without &ust excuse. (11, R$))
Section $. Contempt. >ailure by any person without ade7uate cause to obey a subpoena served upon hi! shall be dee!ed a conte!pt of the court fro!
which the subpoena is issued. *f the subpoena was not issued by a court, the disobedience thereto shall be punished in accordance with the applicable law
or Rule. (1$a R$))
Section 1%. (*ceptions. The provisions of sections : and ; of this Rule shall not apply to a witness who resides !ore than one hundred (1<<) kilo!eters
fro! his residence to the place where he is to testify by the ordinary course of travel, or to a detention prisoner if no per!ission of the court in which his case
is pendin" was obtained. (;a, R$))
RULE 22
Co'/tation o! )i'e
Section 1. 2ow to compute time. *n co!putin" any period of ti!e prescribed or allowed by these Rules, or by order of the court, or by any applicable
statute, the day of the act or event fro! which the desi"nated period of ti!e be"ins to run is to be excluded and the date of perfor!ance included. *f the last
day of the period, as thus co!puted, falls on a aturday a unday, or a le"al holiday in the place where the court sits, the ti!e shall not run until the next
workin" day. (a)
Section 2. (ffect of interruption. hould an act be done which effectively interrupts the runnin" of the period, the allowable period after such interruption
shall start to run on the day after notice of the cessation of the cause thereof.
The day of the act that caused the interruption shall be excluded in the co!putation of the period. (n)
RULE 23
5e/ositions Pendin* Action
Section 1. )epositions pending action, when may be ta'en. %y leave of court after &urisdiction has been obtained over any defendant or over property
which is the sub&ect of the action, or without such leave after an answer has been served, the testi!ony of any person, whether a party or not, !ay be taken,
at the instance of any party, by deposition upon oral exa!ination or written interro"atories. The attendance of witnesses !ay be co!pelled by the use of a
subpoena as provided in Rule $1. Cepositions shall be taken only in accordance with these Rules. The deposition of a person confined in prison !ay be
taken only by leave of court on such ter!s as the court prescribes. (1a, R$()
Section 2. Scope of e*amination. 5nless otherwise ordered by the court as provided by section 1+ or 1: of this Rule, the deponent !ay be exa!ined
re"ardin" any !atter, not privile"ed, which is relevant to the sub&ect of the pendin" action, whether relatin" to the clai! or defense of any other party,
includin" the existence, description, nature, custody, condition, and location of any books, docu!ents, or other tan"ible thin"s and the identity and location
of persons havin" knowled"e of relevant facts. ($, R$()
Section 3. (*amination and cross$e*amination. ,xa!ination and cross4exa!ination of deponents !ay proceed as per!itted at the trial under sections )
to 1: of Rule 1)$. ()a, R$()
Section 4. %se of depositions. #t the trial or upon the hearin" of a !otion or an interlocutory proceedin", any part or all of a deposition, so far as
ad!issible under the rules of evidence, !ay be used a"ainst any party who was present or represented at the takin" of the deposition or who had due
notice thereof, in accordance with any one of the followin" provisions-
(a) #ny deposition !ay be used by any party for the purpose of contradictin" or i!peachin" the testi!ony of deponent as a witness-
(b) The deposition of a party or of any one who at the ti!e of takin" the deposition was an officer, director, or !ana"in" a"ent of a public or private
corporation, partnership, or association which is a party !ay be used by an adverse party for any purpose-
(c) The deposition of a witness, whether or not a party, !ay be used by any party for any purpose if the court finds. (1) that the witness is dead, or ($) that
the witness resides at a distance !ore than one hundred (1<<) kilo!eters fro! the place of trial or hearin", or is out of the 8hilippines, unless it appears that
his absence was procured by the party offerin" the deposition, or ()) that the witness is unable to attend or testify because of a"e, sickness, infir!ity, or
i!prison!ent, or (() that the party offerin" the deposition has been unable to procure the attendance of the witness by subpoena- or (0) upon application
and notice, that such exceptional circu!stances exist as to !ake it desirable, in the interest of &ustice and with due re"ard to the i!portance of presentin"
the testi!ony of witnesses orally in open court, to allow the deposition to be used- and
(d) *f only part of a deposition is offered in evidence by a party, the adverse party !ay re7uire hi! to introduce all of it which is relevant to the part
introduced, and any party !ay introduce any other parts. ((a, R$()
Section 5. (ffect of substitution of parties. ubstitution of parties does not affect the ri"ht to use depositions previously taken- and, when an action has
been dis!issed and another action involvin" the sa!e sub&ect is afterward brou"ht between the sa!e parties or their representatives or successors in
interest, all depositions lawfully taken and duly filed in the for!er action !ay be used in the latter as if ori"inally taken therefor. (0, R$()
Section 6. Obections to admissibility. ub&ect to the provisions of section $; of this Rule, ob&ection !ay be !ade at the trial or hearin", to receivin" in
evidence any deposition or part thereof for any reason which would re7uire the exclusion of the evidence if the witness were then present and testifyin" (+,
R$()
Section ". (ffect of ta'ing depositions. # party shall not be dee!ed to !ake a person his own witness for any purpose by takin" his deposition. (9, R$()
Section #. (ffect of using depositions. The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradictin"
or i!peachin" the deponent !akes the deponent the witness of the party introducin" the deposition, but this shall not apply to the use by an adverse party
of a deposition as described in para"raph (b) of section ( of this Rule. (:, R$()
Section $. Rebutting deposition. #t the trial or hearin" any party !ay rebut any relevant evidence contained in a deposition whether introduced by hi! or
by any other party. (;, R$()
Section 1%. "ersons before whom depositions may be ta'en within the "hilippines. /ithin the 8hilippines depositions !ay be taken before any &ud"e,
notary public, or the person referred to in section 1( hereof. (1<a, R$()
Section 11. "ersons before whom depositions may be ta'en in foreign countries. *n a forei"n state or country, depositions !ay be taken (a) on notice
before a secretary of e!bassy or le"ation, consul "eneral, consul, vice4consul, or consular a"ent of the Republic of the 8hilippines, (b) before such person
or officer as !ay be appointed by co!!ission or under letters ro"atory- or (c) the person referred to in section 1( hereof. (11a, R$()
Section 12. Commission or letters rogatory. # co!!ission or letters ro"atory shall be issued only when necessary or convenient, on application and
notice, and on such ter!s, and with such direction as are &ust and appropriate. 2fficers !ay be desi"nated in notices or co!!issions either by na!e or
descriptive title and letters ro"atory !ay be addressed to the appropriate &udicial authority in the forei"n country. (1$a, R$()
Section 13. )is5ualification by interest. =o deposition shall be taken before a person who is a relative within the sixth de"ree of consan"uinity or affinity,
or e!ployee or counsel of any of the parties, or who is a relative within the sa!e de"ree, or e!ployee of such counsel- or who is financially interested in the
action. (1)a, R$()
Section 14. Stipulations regarding ta'ing of depositions. *f the parties so stipulate in writin", depositions !ay be taken before any person authori'ed to
ad!inister oaths, at any ti!e or place, in accordance with these Rules and when so taken !ay be used like other depositions. (1(a, R$()
Section 15. )eposition upon oral e*amination- notice- time and place. # party desirin" to take the deposition of any person upon oral exa!ination shall
"ive reasonable notice in writin", to every other party to the action. The notice shall state the ti!e and place for takin" the deposition and the na!e and
address of each person to be exa!ined, if known, and if the na!e is not known, a "eneral description sufficient to identify hi! or the particular class or
"roup to which he belon"s. 2n !otion of any party upon who! the notice is served, the court !ay for cause shown enlar"e or shorten the ti!e. (10, R$()
Section 16. Orders for the protection of parties and deponents. #fter notice is served for takin" a deposition by oral exa!ination, upon !otion
seasonably !ade by any party or by the person to be exa!ined and for "ood cause shown, the court in which the action is pendin" !ay !ake an order that
the deposition shall not be taken, or that it !ay be taken only at so!e desi"nated place other than that stated in the notice, or that it !ay be taken only on
written interro"atories, or that certain !atters shall not be in7uired into, or that the scope of the exa!ination shall be held with no one present except the
parties to the action and their officers or counsel, or that after bein" sealed the deposition shall be opened only by order of the court, or that secret
processes, develop!ents, or research need not be disclosed, or that the parties shall si!ultaneously file specified docu!ents or infor!ation enclosed in
sealed envelopes to be opened as directed by the court or the court !ay !ake any other order which &ustice re7uires to protect the party or witness fro!
annoyance, e!barrass!ent, or oppression. (1+a, R$()
Section 1". Record of e*amination, oath- obections. The officer before who! the deposition is to be taken shall put the witness on oath and shall
personally, or by so!e one actin" under his direction and in his presence, record the testi!ony of the witness. The testi!ony shall be taken steno"raphically
unless the parties a"ree otherwise. #ll ob&ections !ade at the ti!e of the exa!ination to the 7ualifications of the officer takin" the deposition, or to the
!anner of talkin" it, or to the evidence presented, or to the conduct of any party, and any other ob&ection to the proceedin"s, shall be noted by the officer
upon the deposition. ,vidence ob&ected to shall be taken sub&ect to the ob&ections. *n lieu of participatin" in the oral exa!ination, parties served with notice
of takin" a deposition !ay trans!it written interro"atories to the officers, who shall propound the! to the witness and record the answers verbatim. (19,
R$()
Section 1#. Motion to terminate or limit e*amination. #t any ti!e durin" the takin" of the deposition, on !otion or petition of any party or of the deponent,
and upon a showin" that the exa!ination is bein" conducted in bad faith or in such !anner as unreasonably to annoy, e!barrass, or oppress the deponent
or party, the court in which the action is pendin" or the Re"ional Trial Court of the place where the deposition is bein" taken !ay order the officer conductin"
the exa!ination to cease forthwith fro! takin" the deposition, or !ay li!it the scope and !anner of the takin" of the deposition, as provided in section 1+ of
this Rule. *f the order !ade ter!inates the exa!ination, it shall be resu!ed thereafter only upon the order of the court in which the action is pendin". 5pon
de!and of the ob&ectin" party or deponent, the takin" of the deposition shall be suspended for the ti!e necessary to !ake a notice for an order. *n "rantin"
or refusin" such order, the court !ay i!pose upon either party or upon the witness the re7uire!ent to pay such costs or expenses as the court !ay dee!
reasonable. (1:a, R$()
Section 1$. Submission to witness- changes- signing. /hen the testi!ony is fully transcribed, the deposition shall be sub!itted to the witness for
exa!ination and shall be read to or by hi!, unless such exa!ination and readin" are waived by the witness and by the parties. #ny chan"es in for! or
substance which the witness desires to !ake shall be entered upon the deposition by the officer with a state!ent of the reasons "iven by the witness for
!akin" the!. The deposition shall then be si"ned by the witness, unless the parties by stipulation waive the si"nin" or the witness is ill or cannot be found
or refuses to si"n. *f the deposition is not si"ned by the witness, the officer shall si"n it and state on the record the fact of the waiver or of the illness or
absence of the witness or the fact of the refusal to si"n to"ether with the reason be "iven therefor, if any, and the deposition !ay then be used as fully as
thou"h si"ned, unless on a !otion to suppress under section $; (f) of this Rule, the court holds that the reasons "iven for the refusal to si"n re7uire re&ection
of the deposition in whole or in part. (1;a, R$()
Section 2%. Certification, and filing by officer. The officer shall certify on the deposition that the witness was duly sworn to by hi! and that the deposition
is a true record of the testi!ony "iven by the witness. 6e shall then securely seal the deposition in an envelope indorsed with the title of the action and
!arked 3Ceposition of (here insert the na!e of witness)3 and shall pro!ptly file it with the court in which the action is pendin" or send it by re"istered !ail to
the clerk thereof for filin". ($<, R$()
Section 21. #otice of filing. The officer takin" the deposition shall "ive pro!pt notice of its filin" to all the parties. ($1, R$()
Section 22. 3urnishing copies. 5pon pay!ent of reasonable char"es therefor, the officer shall furnish a copy of the deposition to any party or to the
deponent. ($$, R$()
Section 23. 3ailure to attend of party giving notice. *f the party "ivin" the notice of the takin" of a deposition fails to attend and proceed therewith and
another attends in person or by counsel pursuant to the notice, the court !ay order the party "ivin" the notice to pay such other party the a!ount of the
reasonable expenses incurred by hi! and his counsel in so attendin", includin" reasonable attorneyBs fees. ($)a, R$()
Section 24. 3ailure of party giving notice to serve subpoena. *f the party "ivin" the notice of the takin" of a deposition of a witness fails to serve a
subpoena upon hi! and the witness because of such failure does not attend, and if another party attends in person or by counsel because he expects the
deposition of that witness to be taken, the court !ay order the party "ivin" the notice to pay to such other party the a!ount of the reasonable expenses
incurred by hi! and his counsel in so attendin", includin" reasonable attorneyBs fees. ($(a, R$()
Section 25. )eposition upon written interrogatories- service of notice and of interrogatories. # party desirin" to take the deposition of any person upon
written interro"atories shall serve the! upon every other party with a notice statin" the na!e and address of the person who is to answer the! and the
na!e or descriptive title and address of the officer before who! the deposition is to be taken. /ithin ten (1<) days thereafter, a party so served !ay serve
cross4interro"atories upon the party proposin" to take the deposition. /ithin five (0) days thereafter, the latter !ay serve re4direct interro"atories upon a
party who has served cross4interro"atories. /ithin three ()) days after bein" served with re4direct interro"atories, a party !ay serve recross4interro"atories
upon the party proposin" to take the deposition. ($0, R$()
Section 26. Officers to ta'e responses and prepare record. # copy of the notice and copies of all interro"atories served shall be delivered by the party
takin" the deposition to the officer desi"nated in the notice, who shall proceed pro!ptly, in the !anner provided by sections 19, 1; and $< of this Rule, to
take the testi!ony of the witness in response to the interro"atories and to prepare, certify, and file or !ail the deposition, attachin" thereto the copy of the
notice and the interro"atories received by hi!. ($+, R$()
Section 2". #otice of filing and furnishing copies. /hen a deposition upon interro"atories is filed, the officer takin" it shall pro!ptly "ive notice thereof to
all the parties, and !ay furnish copies to the! or to the deponent upon pay!ent of reasonable char"es therefor. ($9, R$()
Section 2#. Order for the protection of parties and deponents. #fter the service of the interro"atories and prior to the takin" of the testi!ony of the
deponent, the court in which the action is pendin", on !otion pro!ptly !ade by a party or a deponent, and for "ood cause shown, !ay !ake any order
specified in sections 10, 1+ and 1: of this Rule which is appropriate and &ust or an order that the deposition shall not be taken before the officer desi"nated
in the notice or that it shall not be taken except upon oral exa!ination. ($:a, R$()
Section 2$. (ffect of errors and irregularities in depositions.
(a) &s to notice. #ll errors and irre"ularities in the notice for takin" a deposition are waived unless written ob&ection is pro!ptly served upon the party
"ivin" the notice.
(b) &s to dis5ualification of officer. 2b&ection to takin" a deposition because of dis7ualification of the officer before who! it is to be taken is waived unless
!ade before the takin" of the deposition be"ins or as soon thereafter as the dis7ualification beco!es known or could be discovered with reasonable
dili"ence.
(c) &s to competency or relevancy of evidence. 2b&ections to the co!petency of witness or the co!petency, relevancy, or !ateriality of testi!ony are not
waived by failure to !ake the! before or durin" the takin" of the deposition, unless the "round, of the ob&ection is one which !i"ht have been obviated or
re!oved if presented at that ti!e.
(d) &s to oral e*amination and other particulars. ,rrors and irre"ularities occurrin" at the oral exa!ination in the !anner of takin" the deposition in the
for! of the 7uestions or answers, in the oath or affir!ation, or in the conduct of the parties and errors of any kind which !i"ht be obviated, re!oved, or
cured if pro!ptly prosecuted, are waived unless reasonable ob&ection thereto is !ade at the takin" of the deposition.
(e) &s to form of written interrogatories. 2b&ections to the for! of written interro"atories sub!itted under sections $0 and $+ of this Rule are waived
unless served in writin" upon the party propoundin" the! within the ti!e allowed for servin" succeedin" cross or other interro"atories and within three ())
days after service of the last interro"atories authori'ed.
(f) &s to manner of preparation. ,rrors and irre"ularities in the !anner in which the testi!ony is transcribed or the deposition is prepared, si"ned,
certified, sealed, indorsed, trans!itted, filed, or otherwise dealt with by the officer under sections 19, 1;, $< and $+ of this Rule are waived unless a !otion
to suppress the deposition or so!e part thereof is !ade with reasonable pro!ptness after such defect is, or with due dili"ence !i"ht have been,
ascertained. ($;a, R$()
RULE 24
5e/ositions 2e!ore Action or Pendin* A//eal
Section 1. )epositions before action- petition. # person who desires to perpetuate his own testi!ony or that of another person re"ardin" any !atter that
!ay be co"ni'able in any court of the 8hilippines !ay file a verified petition in the court of the place of the residence of any expected adverse party. (1a
R1)()
Section 2. Contents of petition. The petition shall be entitled in the na!e of the petitioner and shall show. (a) that the petitioner expects to be a party to
an action in a court of the 8hilippines but is presently unable to brin" it or cause it to be brou"ht- (b) the sub&ect !atter of the expected action and his
interest therein- (c) the facts which he desires to establish by the proposed testi!ony and his reasons for desirin" to perpetuate it- (d) the na!es or a
description of the persons he expects will be adverse parties and their addresses so far as known- and (e) the na!es and addresses of the persons to be
exa!ined and the substance of the testi!ony which he expects to elicit fro! each, and shall ask for an order authori'in" the petitioner to take the
depositions of the persons to be exa!ined na!ed in the petition for the purpose of perpetuatin" their testi!ony. ($, R1)()
Section 3. #otice and service. The petitioner shall serve a notice upon each person na!ed in the petition as an expected adverse party, to"ether with a
copy of the petition, statin" that the petitioner will apply to the court, at a ti!e and place na!ed therein, for the order described in the petition. #t least twenty
($<) days before the date of the hearin", the court shall cause notice thereof to be served on the parties and prospective deponents in the !anner provided
for service of su!!ons. ()a, R1)()
Section 4. Order and e*amination. *f the court is satisfied that the perpetuation of the testi!ony !ay prevent a failure or delay of &ustice, it shall !ake an
order desi"natin" or describin" the persons whose deposition !ay be taken and specifyin" the sub&ect !atter of the exa!ination and whether the
depositions shall be taken upon oral exa!ination or written interro"atories. The depositions !ay be taken in accordance with Rule $) before the hearin".
((a, R1)()
Section 5. Reference to court. >or the purpose of applyin" Rule $) to depositions for perpetuatin" testi!ony, each reference therein to the court in which
the action is pendin" shall be dee!ed to refer to the court in which the petition for such deposition was filed. (0a, R1)()
Section 6. %se of deposition. *f a deposition to perpetuate testi!ony is taken under this Rule, or if, althou"h not so taken, it would be ad!issible in
evidence, it !ay be used in any action involvin" the sa!e sub&ect !atter sub4se7uently brou"ht in accordance with the provisions of sections ( and 0 of
Rule $). (+a, R1)()
Section ". )epositions pending appeal. *f an appeal has been taken fro! a &ud"!ent of a court, includin" the Court of #ppeals in proper cases, or before
the takin" of an appeal if the ti!e therefor has not expired, the court in which the &ud"!ent was rendered !ay allow the takin" of depositions of witnesses to
perpetuate their testi!ony for in the event of further proceedin"s in the said court. *n such case the party who desires to perpetuate the testi!ony !ay !ake
a !otion in the said court for leave to take the depositions, upon the sa!e notice and service thereof as if the action was pendin" therein. The !otion shall
state (a) the na!es and addresses of the persons to be exa!ined and the substance of the testi!ony which he expects to elicit fro! each, and (b) the
reason for perpetuatin" their testi!ony. *f the court finds that the perpetuation of the testi!ony is proper to avoid a failure or delay of &ustice, it !ay !ake an
order allowin" the deposition to be taken, and thereupon the depositions !ay be taken and used in the sa!e !anner and under the sa!e conditions as are
prescribed in these Rules for depositions taken in pendin" actions. (9a, R1)()
RULE 25
(nterro*atories to Parties
Section 1. Interrogatories to parties- service thereof. 5nder the sa!e conditions specified in section 1 of Rule $), any party desirin" to elicit !aterial and
relevant facts fro! any adverse parties shall file and serve upon the latter written interro"atories to be answered by the party served or, if the party served is
a public or private corporation or a partnership or association, by any officer thereof co!petent to testify in its behalf. (1a)
Section 2. &nswer to interrogatories. The interro"atories shall be answered fully in writin" and shall be si"ned and sworn to by the person !akin" the!.
The party upon who! the interro"atories have been served shall file and serve a copy of the answers on the party sub!ittin" the interro"atories within
fifteen (10) days after service thereof unless the court on !otion and for "ood cause shown, extends or shortens the ti!e. ($a)
Section 3. Obections to interrogatories. 2b&ections to any interro"atories !ay be presented to the court within ten (1<) days after service thereof, with
notice as in case of a !otion- and answers shall be deferred until the ob&ections are resolved, which shall be at as early a ti!e as is practicable. ()a)
Section 4. #umber of interrogatories. =o party !ay, without leave of court, serve !ore than one set of interro"atories to be answered by the sa!e party.
(()
Section 5. Scope and use of interrogatories. *nterro"atories !ay relate to any !atters that can be in7uired into under section $ of Rule $), and the
answers !ay be used for the sa!e purposes provided in section ( of the sa!e Rule. (0a)
Section 6. (ffect of failure to serve written interrogatories. 5nless thereafter allowed by the court for "ood cause shown and to prevent a failure of &ustice,
a party not served with written interro"atories !ay not be co!pelled by the adverse party to "ive testi!ony in open court, or to "ive a deposition pendin"
appeal. (n)
RULE 26
Ad'ission 7y Adverse Party
Section 1. Re5uest for admission. #t any ti!e after issues have been &oined, a party !ay file and serve upon any other party !ay file and serve upon
any other party a written re7uest for the ad!ission by the latter of the "enuineness of any !aterial and relevant docu!ent described in and exhibited with
the re7uest or of the truth of any !aterial and relevant !atter of fact set forth in the re7uest. Copies of the docu!ents shall be delivered with the re7uest
unless copy have already been furnished. (1a)
Section 2. Implied admission. ,ach of the !atters of which an ad!ission is re7uested shall be dee!ed ad!itted unless, within a period desi"nated in the
re7uest, which shall not be less than fifteen (10) days after service thereof, or within such further ti!e as the court !ay allow on !otion, the party to who!
the re7uest is directed files and serves upon the party re7uestin" the ad!ission a sworn state!ent either denyin" specifically the !atters of which an
ad!ission is re7uested or settin" forth in detail the reasons why he cannot truthfully either ad!it or deny those !atters.
2b&ections to any re7uest for ad!ission shall be sub!itted to the court by the party re7uested within the period for and prior to the filin" of his sworn
state!ent as conte!plated in the precedin" para"raph and his co!pliance therewith shall be deferred until such ob&ections are resolved, which resolution
shall be !ade as early as practicable. ($a)
Section 3. (ffect of admission. #ny ad!ission !ade by a party pursuant to such re7uest is for the purpose of the pendin" action only and shall not
constitute an ad!ission by hi! for any other purpose nor !ay the sa!e be used a"ainst hi! in any other proceedin". ())
Section 4. !ithdrawal. The court !ay allow the party !akin" an ad!ission under the Rule, whether express or i!plied, to withdraw or a!end it upon
such ter!s as !ay be &ust. (()
Section 5. (ffect of failure to file and serve re5uest for admission. 5nless otherwise allowed by the court for "ood cause shown and to prevent a failure of
&ustice a party who fails to file and serve a re7uest for ad!ission on the adverse party of !aterial and relevant facts at issue which are, or ou"ht to be, within
the personal knowled"e of the latter, shall not be per!itted to present evidence on such facts. (n)
RULE 2"
Prodction or (ns/ection o! 5oc'ents or )1in*s
Section 1. Motion for production or inspection- order. 5pon !otion of any party showin" "ood cause therefor, the court in which an action is pendin" !ay
(a) order any party to produce and per!it the inspection and copyin" or photo"raphin", by or on behalf of the !ovin" party, of any desi"nated docu!ents,
papers, books, accounts, letters, photo"raphs, ob&ects or tan"ible thin"s, not privile"ed, which constitute or contain evidence !aterial to any !atter involved
in the action and which are in his possession, custody or control, or (b) order any party to per!it entry upon desi"nated land or other property in his
possession or control for the purpose of inspectin", !easurin", surveyin", or photo"raphin" the property or any desi"nated relevant ob&ect or operation
thereon. The order shall specify the ti!e, place and !anner of !akin" the inspection and takin" copies and photo"raphs, and !ay prescribe such ter!s
and conditions as are &ust. (1a)
RULE 2#
P1ysical and ,ental E8a'ination o! Persons
Section 1. !hen e*amination may be ordered. *n an action in which the !ental or physical condition of a party is in controversy, the court in which the
action is pendin" !ay in its discretion order hi! to sub!it to a physical or !ental exa!ination by a physician. (1)
Section 2. Order for e*amination. The order for exa!ination !ay be !ade only on !otion for "ood cause shown and upon notice to the party to be
exa!ined and to all other parties, and shall specify the ti!e, place, !anner, conditions and scope of the exa!ination and the person or persons by who! it
is to be !ade. ($)
Section 3. Report of findings. *f re7uested by the party exa!ined, the party causin" the exa!ination to be !ade shall deliver to hi! a copy of a detailed
written report of the exa!inin" physician settin" out his findin"s and conclusions. #fter such re7uest and delivery, the party causin" the exa!ination to be
!ade shall be entitled upon re7uest to receive fro! the party exa!ined a like report of any exa!ination, previously or thereafter !ade, of the sa!e !ental
or physical condition. *f the party exa!ined refuses to deliver such report, the court on !otion and notice !ay !ake an order re7uirin" delivery on such
ter!s as are &ust, and if a physician fails or refuses to !ake such a report the court !ay exclude his testi!ony if offered at the trial. ()a)
Section 4. !aiver of privilege. %y re7uestin" and obtainin" a report of the exa!ination so ordered or by takin" the deposition of the exa!iner, the party
exa!ined waives any privile"e he !ay have in that action or any other involvin" the sa!e controversy, re"ardin" the testi!ony of every other person who
has exa!ined or !ay thereafter exa!ine hi! in respect of the sa!e !ental or physical exa!ination. (()
RULE 2$
Re!sal to Co'/ly 9it1 ,odes o! 5iscovery
Section 1. Refusal to answer. *f a party or other deponent refuses to answer any 7uestion upon oral exa!ination, the exa!ination !ay be co!pleted on
other !atters or ad&ourned as the proponent of the 7uestion !ay prefer. The proponent !ay thereafter apply to the proper court of the place where the
deposition is bein" taken, for an order to co!pel an answer. The sa!e procedure !ay be availed of when a party or a witness refuses to answer any
interro"atory sub!itted under Rules $) or $0.
*f the application is "ranted, the court shall re7uire the refusin" party or deponent to answer the 7uestion or interro"atory and if it also finds that the refusal to
answer was without substantial &ustification, it !ay re7uire the refusin" party or deponent or the counsel advisin" the refusal, or both of the!, to pay the
proponent the a!ount of the reasonable expenses incurred in obtainin" the order, includin" attorneyBs fees.
*f the application is denied and the court finds that it was filed without substantial &ustification, the court !ay re7uire the proponent or the counsel advisin"
the filin" of the application, or both of the!, to pay to the refusin" party or deponent the a!ount of the reasonable expenses incurred in opposin" the
application, includin" attorneyBs fees. (1a)
Section 2. Contempt of court. *f a party or other witness refuses to be sworn or refuses to answer any 7uestion after bein" directed to do so by the court
of the place in which the deposition is bein" taken, the refusal !ay be considered a conte!pt of that court. ($a)
Section 3. Other conse5uences. *f any party or an officer or !ana"in" a"ent of a party refuses to obey an order !ade under section 1 of this Rule
re7uirin" hi! to answer desi"nated 7uestions, or an order under Rule $9 to produce any docu!ent or other thin" for inspection, copyin", or photo"raphin"
or to per!it it to be done, or to per!it entry upon land or other property or an order !ade under Rule $: re7uirin" hi! to sub!it to a physical or !ental
exa!ination, the court !ay !ake such orders in re"ard to the refusal as are &ust, and a!on" others the followin".
(a) #n order that the !atters re"ardin" which the 7uestions were asked, or the character or description of the thin" or land, or the contents of the paper, or
the physical or !ental condition of the party, or any other desi"nated facts shall be taken to be established for the purposes of the action in accordance with
the clai! of the party obtainin" the order-
(b) #n order refusin" to allow the disobedient party to support or oppose desi"nated clai!s or defenses or prohibitin" hi! fro! introducin" in evidence
desi"nated docu!ents or thin"s or ite!s of testi!ony, or fro! introducin" evidence of physical or !ental condition-
(c) #n order strikin" out pleadin"s or parts thereof, or stayin" further proceedin"s until the order is obeyed, or dis!issin" the action or proceedin" or any part
thereof, or renderin" a &ud"!ent by default a"ainst the disobedient party- and
(d) *n lieu of any of the fore"oin" orders or in addition thereto, an order directin" the arrest of any party or a"ent of a party for disobeyin" any of such orders
except an order to sub!it to a physical or !ental exa!ination. ()a)
Section 4. (*penses on refusal to admit. *f a party after bein" served with a re7uest under Rule $+ to ad!it the "enuineness of any docu!ent or the
truth of any !atter of fact serves a sworn denial thereof and if the party re7uestin" the ad!issions thereafter proves the "enuineness of such docu!ent or
the truth of any such !atter of fact, he !ay apply to the court for an order re7uirin" the other party to pay hi! the reasonable expenses incurred in !akin"
such proof, includin" attorneyBs fees. 5nless the court finds that there were "ood reasons for the denial or that ad!issions sou"ht were of no substantial
i!portance, such order shall be issued. ((a)
Section 5. 3ailure of party to attend or serve answers. *f a party or an officer or !ana"in" a"ent of a party wilfully fails to appear before the officer who is
to take his deposition, after bein" served with a proper notice, or fails to serve answers to interro"atories sub!itted under Rule $0 after proper service of
such interro"atories, the court on !otion and notice, !ay strike out all or any part of any pleadin" of that party, or dis!iss the action or proceedin" or any
part thereof, or enter a &ud"!ent by default a"ainst that party, and in its discretion, order hi! to pay reasonable expenses incurred by the other, includin"
attorneyBs fees. (0)
Section 6. (*penses against the Republic of the "hilippines. ,xpenses and attorneyBs fees are not to be i!posed upon the Republic of the 8hilippines
under this Rule. (+)
RULE 3%
)rial
Section 1. #otice of Trial. 5pon entry of a case in the trial calendar, the clerk shall notify the parties of the date of its trial in such !anner as shall ensure
his receipt of that notice at least five (0) days before such date. ($a, R$$)
Section 2. &dournments and postponements. # court !ay ad&ourn a trial fro! day to day, and to any stated ti!e, as the expeditious and convenient
transaction of business !ay re7uire, but shall have no power to ad&ourn a trial for a lon"er period than one !onth for each ad&ourn!ent nor !ore than three
!onths in all, except when authori'ed in writin" by the Court #d!inistrator, upre!e Court. ()a, R$$)
Section 3. Re5uisites of motion to postpone trial for absence of evidence. # !otion to postpone a trial on the "round of absence of evidence can be
"ranted only upon affidavit showin" the !ateriality or relevancy of such evidence, and that due dili"ence has been used to procure it. %ut if the adverse
party ad!its the facts to be "iven in evidence, even if he ob&ects or reserves the ri"ht to ob&ect to their ad!issibility, the trial shall not be postponed. ((a,
R$$- %ar 1atter =o. :<), $1 Duly 1;;:)
Section 4. Re5uisites of motion to postpone trial for illness of party or counsel. # !otion to postpone a trial on the "round of illness of a party or counsel
!ay be "ranted if it appears upon affidavit or sworn certification that the presence of such party or counsel at the trial is indispensable and that the character
of his illness is such as to render his non4attendance excusable. (0a, R$$)
Section 5. Order of trial. ub&ect to the provisions of section $ of Rule )1, and unless the court for special reasons otherwise directs, the trial shall be
li!ited to the issues stated in the pre4trial order and shall proceed as follows.
(a) The plaintiff shall adduce evidence in support of his co!plaint-
(b) The defendant shall then adduce evidence in support of his defense, counterclai!, cross4clai! and third4party co!plaints-
(c) The third4party defendant if any, shall adduce evidence of his defense, counterclai!, cross4clai! and fourth4party co!plaint-
(d) The fourth4party, and so forth, if any, shall adduce evidence of the !aterial facts pleaded by the!-
(e) The parties a"ainst who! any counterclai! or cross4clai! has been pleaded, shall adduce evidence in support of their defense, in the order to be
prescribed by the court-
(f) The parties !ay then respectively adduce rebuttin" evidence only, unless the court, for "ood reasons and in the furtherance of &ustice, per!its the! to
adduce evidence upon their ori"inal case- and
(") 5pon ad!ission of the evidence, the case shall be dee!ed sub!itted for decision, unless the court directs the parties to ar"ue or to sub!it their
respective !e!oranda or any further pleadin"s.
*f several defendants or third4party defendants, and so forth, havin" separate defenses appear by different counsel, the court shall deter!ine the relative
order of presentation of their evidence. (1a, R)<)
Section 6. &greed statement of facts. The parties to any action !ay a"ree, in writin", upon the facts involved in the liti"ation, and sub!it the case for
&ud"!ent on the facts a"reed upon, without the introduction of evidence.
*f the parties a"ree only on so!e of the facts in issue, the trial shall be held as to the disputed facts in such order as the court shall prescribe. ($a, R)<)
Section ". Statement of udge. Curin" the hearin" or trial of a case any state!ent !ade by the &ud"e with reference to the case, or to any of the parties,
witnesses or counsel, shall be !ade of record in the steno"raphic notes. ()a, R)<)
Section #. Suspension of actions. The suspension of actions shall be "overned by the provisions of the Civil Code. (n)
Section $. Judge to receive evidence- delegation to cler' of court. The &ud"e of the court where the case is pendin" shall personally receive the evidence
to be adduced by the parties. 6owever, in default or e* parte hearin"s, and in any case where the parties a"ree in writin", the court !ay dele"ate the
reception of evidence to its clerk of court who is a !e!ber of the bar. The clerk of court shall have no power to rule on ob&ections to any 7uestion or to the
ad!ission of exhibits, which ob&ections shall be resolved by the court upon sub!ission of his report and the transcripts within ten (1<) days fro! ter!ination
of the hearin". (n)
RULE 31
Consolidation or Severance
Section 1. Consolidation. /hen actions involvin" a co!!on 7uestion of law or fact are pendin" before the court, it !ay order a &oint hearin" or trial of
any or all the !atters in issue in the actions- it !ay order all the actions consolidated, and it !ay !ake such orders concernin" proceedin"s therein as !ay
tend to avoid unnecessary costs or delay. (1)
Section 2. Separate trials. The court, in furtherance of convenience or to avoid pre&udice, !ay order a separate trial of any clai!, cross4clai!,
counterclai!, or third4party co!plaint, or of any separate issue or of any nu!ber of clai!s, cross4clai!s, counterclai!s, third4party co!plaints or issues.
($a)
RULE 32
)rial 7y Co''issioner
Section 1. Reference by consent. %y written consent of both parties, the court !ay order any or all of the issues in a case to be referred to a
co!!issioner to be a"reed upon by the parties or to be appointed by the court. #s used in these Rules, the word 3co!!issioner3 includes a referee, an
auditor and an exa!iner. (1a, R)))
Section 2. Reference ordered on motion. /hen the parties do not consent, the court !ay, upon the application of either or of its own !otion, direct a
reference to a co!!issioner in the followin" cases.
(a) /hen the trial of an issue of fact re7uires the exa!ination of a lon" account on either side, in which case the co!!issioner !ay be directed to hear and
report upon the whole issue or any specific 7uestion involved therein-
(b) /hen the takin" of an account is necessary for the infor!ation of the court before &ud"!ent, or for carryin" a &ud"!ent or order into effect.
(c) /hen a 7uestion of fact, other than upon the pleadin"s, arises upon !otion or otherwise, in any sta"e of a case, or for carryin" a &ud"!ent or order into
effect. ($a, R)))
Section 3. Order of reference- powers of the commissioner. /hen a reference is !ade, the clerk shall forthwith furnish the co!!issioner with a copy of
the order of reference. The order !ay specify or li!it the powers of the co!!issioner, and !ay direct hi! to report only upon particular issues, or to do or
perfor! particular acts, or to receive and report evidence only and !ay fix the date for be"innin" and closin" the hearin"s and for the filin" of his report.
ub&ect to other specifications and li!itations stated in the order, the co!!issioner has and shall exercise the power to re"ulate the proceedin"s in every
hearin" before hi! and to do all acts and take all !easures necessary or proper for the efficient perfor!ance of his duties under the order. 6e !ay issue
subpoenas and subpoenas duces tecum, swear witnesses, and unless otherwise provided in the order of reference, he !ay rule upon the ad!issibility of
evidence. The trial or hearin" before hi! shall proceed in all respects as it would if held before the court. ()a, R)))
Section 4. Oath of commissioner. %efore enterin" upon his duties the co!!issioner shall be sworn to a faithful and honest perfor!ance thereof. (1(,
R)))
Section 5. "roceedings before commissioner. 5pon receipt of the order of reference and unless otherwise provided therein, the co!!issioner shall
forthwith set a ti!e and place for the first !eetin" of the parties or their counsel to be held within ten (1<) days after the date of the order of reference and
shall notify the parties or their counsel. (0a, R)))
Section 6. 3ailure of parties to appear before commissioner. *f a party fails to appear at the ti!e and place appointed, the co!!issioner !ay proceed e*
parte or, in his discretion, ad&ourn the proceedin"s to a future day, "ivin" notice to the absent party or his counsel of the ad&ourn!ent. (+a, R)))
Section ". Refusal of witness. The refusal of a witness to obey a subpoena issued by the co!!issioner or to "ive evidence before hi!, shall be dee!ed
a conte!pt of the court which appointed the co!!issioner. (9a R)))
Section #. Commissioner shall avoid delays. *t is the duty of the co!!issioner to proceed with all reasonable dili"ence. ,ither party, on notice to the
parties and co!!issioner, !ay apply to the court for an order re7uirin" the co!!issioner to expedite the proceedin"s and to !ake his report. (:a, R)))
Section $. Report of commissioner. 5pon the co!pletion of the trial or hearin" or proceedin" before the co!!issioner, he shall file with the court his
report in writin" upon the !atters sub!itted to hi! by the order of reference. /hen his powers are not specified or li!ited, he shall set forth his findin"s of
fact and conclusions of law in his report. 6e shall attach thereto all exhibits, affidavits, depositions, papers and the transcript, if any, of the testi!onial
evidence presented before hi!. (;a, R)))
Section 1%. #otice to parties of the filing of report. 5pon the filin" of the report, the parties shall be notified by the clerk, and they shall be allowed ten (1<)
days within which to si"nify "rounds of ob&ections to the findin"s of the report, if they so desire. 2b&ections to the report based upon "rounds which were
available to the parties durin" the proceedin"s before the co!!issioner, other than ob&ections to the findin"s and conclusions therein, set forth, shall not be
considered by the court unless they were !ade before the co!!issioner. (1<, R)))
Section 11. 2earing upon report. 5pon the expiration of the period of ten (1<) days referred to in the precedin" section, the report shall be set for
hearin", after which the court shall issue an order adoptin", !odifyin", or re&ectin" the report in whole or in part, or reco!!ittin" it with instructions, or
re7uirin" the parties to present further evidence before the co!!issioner or the court. (11a, R)))
Section 12. Stipulations as to findings. /hen the parties stipulate that a co!!issionerBs findin"s of fact shall be final, only 7uestions of law shall
thereafter be considered. (1$a, R)))
Section 13. Compensation of commissioner. The court shall allow the co!!issioner such reasonable co!pensation as the circu!stances of the case
warrant, to be taxed as costs a"ainst the defeated party, or apportioned, as &ustice re7uires. (1), R)))
RULE 33
5e'rrer to Evidence
Section 1. )emurrer to evidence. #fter the plaintiff has co!pleted the presentation of his evidence, the defendant !ay !ove for dis!issal on the "round
that upon the facts and the law the plaintiff has shown no ri"ht to relief. *f his !otion is denied he shall have the ri"ht to present evidence. *f the !otion is
"ranted but on appeal the order of dis!issal is reversed he shall be dee!ed to have waived the ri"ht to present evidence. (1a, R)0)
RULE 34
4d*'ent on t1e Pleadin*s
Section 1. Judgment on the pleadings. /here an answer fails to tender an issue, or otherwise ad!its the !aterial alle"ations of the adverse partyBs
pleadin", the court !ay- on !otion of that party, direct &ud"!ent on such pleadin". 6owever, in actions for declaration of nullity or annul!ent of !arria"e or
for le"al separation, the !aterial facts alle"ed in the co!plaint shall always be proved. (1a, R1;)
RULE 35
S''ary 4d*'ents
Section 1. Summary udgment for claimant. # party seekin" to recover upon a clai!, counterclai!, or cross4clai! or to obtain a declaratory relief !ay, at
any ti!e after the pleadin" in answer thereto has been served, !ove with supportin" affidavits, depositions or ad!issions for a su!!ary &ud"!ent in his
favor upon all or any part thereof. (1a, R)()
Section 2. Summary udgment for defending party. # party a"ainst who! a clai!, counterclai!, or cross4clai! is asserted or a declaratory relief is sou"ht
!ay, at any ti!e, !ove with supportin" affidavits, depositions or ad!issions for a su!!ary &ud"!ent in his favor as to all or any part thereof. ($a, R)()
Section 3. Motion and proceedings thereon. The !otion shall be served at least ten (1<) days before the ti!e specified for the hearin". The adverse
party !ay serve opposin" affidavits, depositions, or ad!issions at least three ()) days before the hearin". #fter the hearin", the &ud"!ent sou"ht shall be
rendered forthwith if the pleadin"s, supportin" affidavits, depositions, and ad!issions on file, show that, except as to the a!ount of da!a"es, there is no
"enuine issue as to any !aterial fact and that the !ovin" party is entitled to a &ud"!ent as a !atter of law. ()a, R)()
Section 4. Case not fully adudicated on motion. *f on !otion under this Rule, &ud"!ent is not rendered upon the whole case or for all the reliefs sou"ht
and a trial is necessary, the court at the hearin" of the !otion, by exa!inin" the pleadin"s and the evidence before it and by interro"atin" counsel shall
ascertain what !aterial facts exist without substantial controversy and what are actually and in "ood faith controverted. *t shall thereupon !ake an order
specifyin" the facts that appear without substantial controversy, includin" the extent to which the a!ount of da!a"es or other relief is not in controversy, and
directin" such further proceedin"s in the action as are &ust. The facts so specified shall be dee!ed established, and the trial shall be conducted on the
controverted facts accordin"ly. ((a, R)()
Section 5. 3orm of affidavits and supporting papers. upportin" and opposin" affidavits shall be !ade on personal knowled"e, shall set forth such facts
as would be ad!issible in evidence, and shall show affir!atively that the affiant is co!petent to testify to the !atters stated therein. Certified true copies of
all papers or parts thereof referred to in the affidavit shall be attached thereto or served therewith. (0a, R)()
Section 6. &ffidavits in bad faith. hould it appear to its satisfaction at any ti!e that any of the affidavits presented pursuant to this Rule are presented in
bad faith, or solely for the purpose of delay, the court shall forthwith order the offendin" party or counsel to pay to the other party the a!ount of the
reasonable expenses which the filin" of the affidavits caused hi! to incur includin" attorneyBs fees, it !ay, after hearin" further ad&ud"e the offendin" party
or counsel "uilty of conte!pt. (+a, R)()
RULE 36
4d*'ents3 .inal Orders and Entry )1ereo!
Section 1. Rendition of udgments and final orders. # &ud"!ent or final order deter!inin" the !erits of the case shall be in writin" personally and directly
prepared by the &ud"e, statin" clearly and distinctly the facts and the law on which it is based, si"ned by hi!, and filed with the clerk of the court. (1a)
Section 2. (ntry of udgments and final orders. *f no appeal or !otion for new trial or reconsideration is filed within the ti!e provided in these Rules, the
&ud"!ent or final order shall forthwith be entered by the clerk in the book of entries of &ud"!ents. The date of finality of the &ud"!ent or final order shall be
dee!ed to be the date of its entry. The record shall contain the dispositive part of the &ud"!ent or final order and shall be si"ned by the clerk, within a
certificate that such &ud"!ent or final order has beco!e final and executory. ($a, 1<, R01)
Section 3. Judgment for or against one or more of several parties. Dud"!ent !ay be "iven for or a"ainst one or !ore of several plaintiffs and for or
a"ainst one or !ore of several defendants. /hen &ustice so de!ands, the court !ay re7uire the parties on each side to file adversary pleadin"s as between
the!selves and deter!ine their ulti!ate ri"hts and obli"ations. ())
Section 4. Several udgments. *n an action a"ainst several defendants, the court !ay, when a several &ud"!ent is proper, render &ud"!ent a"ainst one
or !ore of the!, leavin" the action to proceed a"ainst the others. (()
Section 5. Separate udgments. /hen !ore than one clai! for relief is presented in an action, the court, at any sta"e, upon a deter!ination of the issues
!aterial to a particular clai! and all counterclai!s arisin" out of the transaction or occurrence which is the sub&ect !atter of the clai!, !ay render a
separate &ud"!ent disposin" of such clai!. The &ud"!ent shall ter!inate the action with respect to the clai! so disposed of and the action shall proceed as
to the re!ainin" clai!s. *n case a separate &ud"!ent is rendered the court by order !ay stay its enforce!ent until the rendition of a subse7uent &ud"!ent or
&ud"!ents and !ay prescribe such conditions as !ay be necessary to secure the benefit thereof to the party in whose favor the &ud"!ent is rendered. (0a)
Section 6. Judgment against entity without uridical personality. /hen &ud"!ent is rendered a"ainst two or !ore persons sued as an entity without
&uridical personality, the &ud"!ent shall set out their individual or proper na!es, if known. (+a)
RULE 3"
:e9 )rial or Reconsiderations
Section 1. +rounds of and period for filing motion for new trial or reconsideration. /ithin the period for takin" an appeal, the a""rieved party !ay !ove
the trial court to set aside the &ud"!ent or final order and "rant a new trial for one or !ore of the followin" causes !aterially affectin" the substantial ri"hts of
said party.
(a) >raud, accident, !istake or excusable ne"li"ence which ordinary prudence could not have "uarded a"ainst and by reason of which such a""rieved party
has probably been i!paired in his ri"hts- or
(b) =ewly discovered evidence, which he could not, with reasonable dili"ence, have discovered and produced at the trial, and which if presented would
probably alter the result.
/ithin the sa!e period, the a""rieved party !ay also !ove for reconsideration upon the "rounds that the da!a"es awarded are excessive, that the
evidence is insufficient to &ustify the decision or final order, or that the decision or final order is contrary to law. (1a)
Section 2. Contents of motion for new trial or reconsideration and notice thereof. The !otion shall be !ade in writin" statin" the "round or "rounds
therefor, a written notice of which shall be served by the !ovant on the adverse party.
# !otion for new trial shall be proved in the !anner provided for proof of !otion. # !otion for the cause !entioned in para"raph (a) of the precedin" section
shall be supported by affidavits of !erits which !ay be rebutted by affidavits. # !otion for the cause !entioned in para"raph (b) shall be supported by
affidavits of the witnesses by who! such evidence is expected to be "iven, or by duly authenticated docu!ents which are proposed to be introduced in
evidence.
# !otion for reconsideration shall point out a specifically the findin"s or conclusions of the &ud"!ent or final order which are not supported by the evidence
or which are contrary to law !akin" express reference to the testi!onial or docu!entary evidence or to the provisions of law alle"ed to be contrary to such
findin"s or conclusions.
# pro forma !otion for new trial or reconsideration shall not toll the re"le!entary period of appeal. ($a)
Section 3. &ction upon motion for new trial or reconsideration. The trial court !ay set aside the &ud"!ent or final order and "rant a new trial, upon such
ter!s as !ay be &ust, or !ay deny the !otion. *f the court finds that excessive da!a"es have been awarded or that the &ud"!ent or final order is contrary to
the evidence or law, it !ay a!end such &ud"!ent or final order accordin"ly. ()a)
Section 4. Resolution of motion. # !otion for new trial or reconsideration shall be resolved within thirty ()<) days fro! the ti!e it is sub!itted for
resolution. (n)
Section 5. Second motion for new trial. # !otion for new trial shall include all "rounds then available and those not so included shall be dee!ed waived.
# second !otion for new trial, based on a "round not existin" nor available when the first !otion was !ade, !ay be filed within the ti!e herein provided
excludin" the ti!e durin" which the first !otion had been pendin".
=o party shall be allowed a second !otion for reconsideration of a &ud"!ent or final order ((a, (, *R?)
Section 6. (ffect of granting of motion for new trial. *f a new trial is "ranted in accordance with the provisions of this Rules the ori"inal &ud"!ent or final
order shall be vacated, and the action shall stand for trial de novo- but the recorded evidence taken upon the for!er trial, insofar as the sa!e is !aterial and
co!petent to establish the issues, shall be used at the new trial without retakin" the sa!e. (0a)
Section ". "artial new trial or reconsideration. *f the "rounds for a !otion under this Rule appear to the court to affect the issues as to only a part, or less
than an of the !atter in controversy, or only one, or less than all, of the parties to it, the court !ay order a new trial or "rant reconsideration as to such
issues if severable without interferin" with the &ud"!ent or final order upon the rest. (+a)
Section #. (ffect of order for partial new trial. /hen less than all of the issues are ordered retried, the court !ay either enter a &ud"!ent or final order as
to the rest, or stay the enforce!ent of such &ud"!ent or final order until after the new trial. (9a)
Section $. Remedy against order denying a motion for new trial or reconsideration. #n order denyin" a !otion for new trial or reconsideration is not
appealed, the re!edy bein" an appeal fro! the &ud"!ent or final order. (n)
RULE 3#
Relie! !ro' 4d*'ents3 Orders3 or Ot1er Proceedin*s
Section 1. "etition for relief from udgment, order, or other proceedings. /hen a &ud"!ent or final order is entered, or any other proceedin" is thereafter
taken a"ainst a party in any court throu"h fraud, accident, !istake, or excusable ne"li"ence, he !ay file a petition in such court and in the sa!e case
prayin" that the &ud"!ent, order or proceedin" be set aside. ($a)
Section 2. "etition for relief from denial of appeal. /hen a &ud"!ent or final order is rendered by any court in a case, and a party thereto, by fraud,
accident, !istake, or excusable ne"li"ence, has been prevented fro! takin" an appeal, he !ay file a petition in such court and in the sa!e case prayin"
that the appeal be "iven due course. (1a)
Section 3. Time for filing petition- contents and verification. # petition provided for in either of the precedin" sections of this Rule !ust be verified, filed
within sixty (+<) days after the petitioner learns of the &ud"!ent, final order, or other proceedin" to be set aside, and not !ore than six (+) !onths after such
&ud"!ent or final order was entered, or such proceedin" was taken, and !ust be acco!panied with affidavits showin" the fraud, accident, !istake, or
excusable ne"li"ence relied upon, and the facts constitutin" the petitionerBs "ood and substantial cause of action or defense, as the case !ay be. ())
Section 4. Order to file an answer. *f the petition is sufficient in for! and substance to &ustify relief, the court in which it is filed, shall issue an order
re7uirin" the adverse parties to answer the sa!e within fifteen (10) days fro! the receipt thereof. The order shall be served in such !anner as the court
!ay direct, to"ether with copies of the petition and the acco!panyin" affidavits. ((a)
Section 5. "reliminary inunction pending proceedings. The court in which the petition is filed !ay "rant such preli!inary in&unction as !ay be necessary
for the preservation of the ri"hts of the parties, upon the filin" by the petitioner of a bond in favor of the adverse party, conditioned that if the petition is
dis!issed or the petitioner fails on the trial of the case upon its !erits, he will pay the adverse party all da!a"es and costs that !ay be awarded to hi! by
reason of the issuance of such in&unction or the other proceedin"s followin" the petition, but such in&unction shall not operate to dischar"e or extin"uish any
lien which the adverse party !ay have ac7uired upon, the property, of the petitioner. (0a)
Section 6. "roceedings after answer is filed. #fter the filin" of the answer or the expiration of the period therefor, the court shall hear the petition and if
after such hearin", it finds that the alle"ations thereof are not true, the petition shall be dis!issed- but if it finds said alle"ations to be true, it shall set aside
the &ud"!ent or final order or other proceedin" co!plained of upon such ter!s as !ay be &ust. Thereafter the case shall stand as if such &ud"!ent, final
order or other proceedin" had never been rendered, issued or taken. The court shall then proceed to hear and deter!ine the case as if a ti!ely !otion for a
new trial or reconsideration had been "ranted by it. (+a)
Section ". "rocedure where the denial of an appeal is set aside. /here the denial of an appeal is set aside, the lower court shall be re7uired to "ive due
course to the appeal and to elevate the record of the appealed case as if a ti!ely and proper appeal had been !ade. (9a)
RULE 3$
E8ection3 Satis!action and E!!ect o! 4d*'ents
Section 1. (*ecution upon udgments or final orders. ,xecution shall issue as a !atter of ri"ht, or !otion, upon a &ud"!ent or order that disposes of the
action or proceedin" upon the expiration of the period to appeal therefro! if no appeal has been duly perfected. (1a)
*f the appeal has been duly perfected and finally resolved, the execution !ay forthwith be applied for in the court of ori"in, on !otion of the &ud"!ent
obli"ee, sub!ittin" therewith certified true copies of the &ud"!ent or &ud"!ents or final order or orders sou"ht to be enforced and of the entry thereof, with
notice to the adverse party.
The appellate court !ay, on !otion in the sa!e case, when the interest of &ustice so re7uires, direct the court of ori"in to issue the writ of execution. (n)
Section 2. )iscretionary e*ecution.
(a) (*ecution of a udgment or final order pending appeal. 2n !otion of the prevailin" party with notice to the adverse party filed in the trial court while it
has &urisdiction over the case and is in possession of either the ori"inal record or the record on appeal, as the case !ay be, at the ti!e of the filin" of such
!otion, said court !ay, in its discretion, order execution of a &ud"!ent or final order even before the expiration of the period to appeal.
#fter the trial court has lost &urisdiction the !otion for execution pendin" appeal !ay be filed in the appellate court.
Ciscretionary execution !ay only issue upon "ood reasons to be stated in a special order after due hearin".
(b) (*ecution of several, separate or partial udgments. # several, separate or partial &ud"!ent !ay be executed under the sa!e ter!s and conditions as
execution of a &ud"!ent or final order pendin" appeal. ($a)
Section 3. Stay of discretionary e*ecution. Ciscretionary execution issued under the precedin" section !ay be stayed upon approval by the proper court
of a sufficient supersedeas bond filed by the party a"ainst who! it is directed, conditioned upon the perfor!ance of the &ud"!ent or order allowed to be
executed in case it shall be finally sustained in whole or in part. The bond thus "iven !ay be proceeded a"ainst on !otion with notice to the surety. ()a )
Section 4. Judgments not stayed by appeal. Dud"!ents in actions for in&unction, receivership, accountin" and support, and such other &ud"!ents as are
now or !ay hereafter be declared to be i!!ediately executory, shall be enforceable after their rendition and shall not, be stayed by an appeal taken
therefro!, unless otherwise ordered by the trial court. 2n appeal therefro!, the appellate court in its discretion !ay !ake an order suspendin", !odifyin",
restorin" or "rantin" the in&unction, receivership, accountin", or award of support.
The stay of execution shall be upon such ter!s as to bond or otherwise as !ay be considered proper for the security or protection of the ri"hts of the
adverse party. ((a)
Section 5. (ffect of reversal of e*ecuted udgment. /here the executed &ud"!ent is reversed totally or partially, or annulled, on appeal or otherwise, the
trial court !ay, on !otion, issue such orders of restitution or reparation of da!a"es as e7uity and &ustice !ay warrant under the circu!stances. (0a)
Section 6. (*ecution by motion or by independent action. # final and executory &ud"!ent or order !ay be executed on !otion within five (0) years fro!
the date of its entry. #fter the lapse of such ti!e, and before it is barred by the statute of li!itations, a &ud"!ent !ay be enforced by action. The revived
&ud"!ent !ay also be enforced by !otion within five (0) years fro! the date of its entry and thereafter by action before it is barred by the statute of
li!itations. (+a)
Section ". (*ecution in case of death of party. *n case of the death of a party, execution !ay issue or be enforced in the followin" !anner.
(a) *n case of the death of the &ud"!ent obli"ee, upon the application of his executor or ad!inistrator, or successor in interest-
(b) *n case of the death of the &ud"!ent obli"or, a"ainst his executor or ad!inistrator or successor in interest, if the &ud"!ent be for the recovery of real or
personal property, or the enforce!ent of a lien thereon-
(c) *n case of the death of the &ud"!ent obli"or, after execution is actually levied upon any of his property, the sa!e !ay be sold for the satisfaction of the
&ud"!ent obli"ation, and the officer !akin" the sale shall account to the correspondin" executor or ad!inistrator for any surplus in his hands. (9a)
Section #. Issuance, form and contents of a writ of e*ecution. The writ of execution shall. (1) issue in the na!e of the Republic of the 8hilippines fro! the
court which "ranted the !otion- ($) state the na!e of the court, the case nu!ber and title, the dispositive part of the sub&ect &ud"!ent or order- and ())
re7uire the sheriff or other proper officer to who! it is directed to enforce the writ accordin" to its ter!s, in the !anner hereinafter provided.
(a) *f the execution be a"ainst the property of the &ud"!ent obli"or, to satisfy the &ud"!ent, with interest, out of the real or personal property of such
&ud"!ent obli"or-
(b) *f it be a"ainst real or personal property in the hands of personal representatives, heirs, devisees, le"atees, tenants, or trustees of the &ud"!ent obli"or,
to satisfy the &ud"!ent, with interest, out of such property-
(c) *f it be for the sale of real or personal property to sell such property describin" it, and apply the proceeds in confor!ity with the &ud"!ent, the !aterial
parts of which shall be recited in the writ of execution-
(d) *f it be for the delivery of the possession of real or personal property, to deliver the possession of the sa!e, describin" it, to the party entitled thereto, and
to satisfy any costs, da!a"es, rents, or profits covered by the &ud"!ent out of the personal property of the person a"ainst who! it was rendered, and if
sufficient personal property cannot be found, then out of the real property- and
(e) *n all cases, the writ of execution shall specifically state the a!ount of the interest, costs, da!a"es, rents, or profits due as of the date of the issuance of
the writ, aside fro! the principal obli"ation under the &ud"!ent. >or this purpose, the !otion for execution shall specify the a!ounts of the fore"oin" reliefs
sou"ht by the !ovant.(:a)
Section $. (*ecution of udgments for money, how enforced.
(a) Immediate payment on demand. The officer shall enforce an execution of a &ud"!ent for !oney by de!andin" fro! the &ud"!ent obli"or the
i!!ediate pay!ent of the full a!ount stated in the writ of execution and all lawful fees. The &ud"!ent obli"or shall pay in cash, certified bank check payable
to the &ud"!ent obli"ee, or any other for! of pay!ent acceptable to the latter, the a!ount of the &ud"!ent debt under proper receipt directly to the &ud"!ent
obli"ee or his authori'ed representative if present at the ti!e of pay!ent. The lawful fees shall be handed under proper receipt to the executin" sheriff who
shall turn over the said a!ount within the sa!e day to the clerk of court of the court that issued the writ.
*f the &ud"!ent obli"ee or his authori'ed representative is not present to receive pay!ent, the &ud"!ent obli"or shall deliver the aforesaid pay!ent to the
executin" sheriff. The latter shall turn over all the a!ounts co!in" into his possession within the sa!e day to the clerk of court of the court that issued the
writ, or if the sa!e is not practicable, deposit said a!ounts to a fiduciary account in the nearest "overn!ent depository bank of the Re"ional Trial Court of
the locality.
The clerk of said court shall thereafter arran"e for the re!ittance of the deposit to the account of the court that issued the writ whose clerk of court shall then
deliver said pay!ent to the &ud"!ent obli"ee in satisfaction of the &ud"!ent. The excess, if any, shall be delivered to the &ud"!ent obli"or while the lawful
fees shall be retained by the clerk of court for disposition as provided by law. *n no case shall the executin" sheriff de!and that any pay!ent by check be
!ade payable to hi!.
(b) Satisfaction by levy. *f the &ud"!ent obli"or cannot pay all or part of the obli"ation in cash, certified bank check or other !ode of pay!ent acceptable
to the &ud"!ent obli"ee, the officer shall levy upon the properties of the &ud"!ent obli"or of every kind and nature whatsoever which !ay be disposed, of for
value and not otherwise exe!pt fro! execution "ivin" the latter the option to i!!ediately choose which property or part thereof !ay be levied upon,
sufficient to satisfy the &ud"!ent. *f the &ud"!ent obli"or does not exercise the option, the officer shall first levy on the personal properties, if any, and then
on the real properties if the personal properties are insufficient to answer for the &ud"!ent.
The sheriff shall sell only a sufficient portion of the personal or real property of the &ud"!ent obli"or which has been levied upon.
/hen there is !ore property of the &ud"!ent obli"or than is sufficient to satisfy the &ud"!ent and lawful fees, he !ust sell only so !uch of the personal or
real property as is sufficient to satisfy the &ud"!ent and lawful fees.
Real property, stocks, shares, debts, credits, and other personal property, or any interest in either real or personal property, !ay be levied upon in like
!anner and with like effect as under a writ of attach!ent.
(c) +arnishment of debts and credits. The officer !ay levy on debts due the &ud"!ent obli"or and other credits, includin" bank deposits, financial
interests, royalties, co!!issions and other personal property not capable of !anual delivery in the possession or control of third parties. Eevy shall be !ade
by servin" notice upon the person owin" such debts or havin" in his possession or control such credits to which the &ud"!ent obli"or is entitled. The
"arnish!ent shall cover only such a!ount as will satisfy the &ud"!ent and all lawful fees.
The "arnishee shall !ake a written report to the court within five (0) days fro! service of the notice of "arnish!ent statin" whether or not the &ud"!ent
obli"or has sufficient funds or credits to satisfy the a!ount of the &ud"!ent. *f not, the report shall state how !uch funds or credits the "arnishee holds for
the &ud"!ent obli"or. The "arnished a!ount in cash, or certified bank check issued in the na!e of the &ud"!ent obli"ee, shall be delivered directly to the
&ud"!ent obli"ee within ten (1<) workin" days fro! service of notice on said "arnishee re7uirin" such delivery, except the lawful fees which shall be paid
directly to the court.
*n the event there are two or !ore "arnishees holdin" deposits or credits sufficient to satisfy the &ud"!ent, the &ud"!ent obli"or, if available, shall have the
ri"ht to indicate the "arnishee or "arnishees who shall be re7uired to deliver the a!ount due, otherwise, the choice shall be !ade by the &ud"!ent obli"ee.
The executin" sheriff shall observe the sa!e procedure under para"raph (a) with respect to delivery of pay!ent to the &ud"!ent obli"ee. (:a, 10a)
Section 1%. (*ecution of udgments for specific act.
(a) Conveyance, delivery of deeds, or other specific acts- vesting title. *f a &ud"!ent directs a party to execute a conveyance of land or personal property,
or to deliver deeds or other docu!ents, or to perfor!, any other specific act in connection therewith, and the party fails to co!ply within the ti!e specified,
the court !ay direct the act to be done at the cost of the disobedient party by so!e other person appointed by the court and the act when so done shall
have like effect as if done by the party. *f real or personal property is situated within the 8hilippines, the court in lieu of directin" a conveyance thereof !ay
by an order divest the title of any party and vest it in others, which shall have the force and effect of a conveyance executed in due for! of law. (1<a)
(b) Sale of real or personal property. *f the &ud"!ent be for the sale of real or personal property, to sell such property, describin" it, and apply the
proceeds in confor!ity with the &ud"!ent. (:@cAa)
(c) )elivery or restitution of real property. The officer shall de!and of the person a"ainst who! the &ud"!ent for the delivery or restitution of real property
is rendered and all persons clai!in" ri"hts under hi! to peaceably vacate the property within three ()) workin" days, and restore possession thereof to the
&ud"!ent obli"ee, otherwise, the officer shall oust all such persons therefro! with the assistance, if necessary, of appropriate peace officers, and e!ployin"
such !eans as !ay be reasonably necessary to retake possession, and place the &ud"!ent obli"ee in possession of such property. #ny costs, da!a"es,
rents or profits awarded by the &ud"!ent shall be satisfied in the sa!e !anner as a &ud"!ent for !oney. (1)a)
(d) Removal of improvements on property subect of e*ecution. /hen the property sub&ect of the execution contains i!prove!ents constructed or planted
by the &ud"!ent obli"or or his a"ent, the officer shall not destroy, de!olish or re!ove said i!prove!ents except upon special order of the court, issued
upon !otion of the &ud"!ent obli"ee after the hearin" and after the for!er has failed to re!ove the sa!e within a reasonable ti!e fixed by the court. (1(a)
(e) )elivery of personal property. *n &ud"!ent for the delivery of personal property, the officer shall take possession of the sa!e and forthwith deliver it to
the party entitled thereto and satisfy any &ud"!ent for !oney as therein provided. (:a)
Section 11. (*ecution of special udgments. /hen a &ud"!ent re7uires the perfor!ance of any act other than those !entioned in the two precedin"
sections, a certified copy of the &ud"!ent shall be attached to the writ of execution and shall be served by the officer upon the party a"ainst who! the sa!e
is rendered, or upon any other person re7uired thereby, or by law, to obey the sa!e, and such party or person !ay be punished for conte!pt if he disobeys
such &ud"!ent. (;a)
Section 12. (ffect of levy on e*ecution as to third person. The levy on execution shall create a lien in favor of the &ud"!ent obli"ee over the ri"ht, title
and interest of the &ud"!ent obli"or in such property at the ti!e of the levy, sub&ect to liens and encu!brances then existin". (1+a)
Section 13. "roperty e*empt from e*ecution. ,xcept as otherwise expressly provided by law, the followin" property, and no other, shall be exe!pt fro!
execution.
(a) The &ud"!ent obli"orBs fa!ily ho!e as provided by law, or the ho!estead in which he resides, and land necessarily used in connection therewith-
(b) 2rdinary tools and i!ple!ents personally used by hi! in his trade, e!ploy!ent, or livelihood-
(c) Three horses, or three cows, or three carabaos, or other beasts of burden, such as the &ud"!ent obli"or !ay select necessarily used by hi! in his
ordinary occupation-
(d) 6is necessary clothin" and articles for ordinary personal use, excludin" &ewelry-
(e) 6ousehold furniture and utensils necessary for housekeepin", and used for that purpose by the &ud"!ent obli"or and his fa!ily, such as the &ud"!ent
obli"or !ay select, of a value not exceedin" one hundred thousand pesos-
(f) 8rovisions for individual or fa!ily use sufficient for four !onths-
(") The professional libraries and e7uip!ent of &ud"es, lawyers, physicians, phar!acists, dentists, en"ineers, surveyors, cler"y!en, teachers, and other
professionals, not exceedin" three hundred thousand pesos in value-
(h) 2ne fishin" boat and accessories not exceedin" the total value of one hundred thousand pesos owned by a fisher!an and by the lawful use of which he
earns his livelihood-
(i) o !uch of the salaries, wa"es, or earnin"s of the &ud"!ent obli"or for his personal services within the four !onths precedin" the levy as are necessary
for the support of his fa!ily-
(&) Eettered "ravestones-
(k) 1onies, benefits, privile"es, or annuities accruin" or in any !anner "rowin" out of any life insurance-
(l) The ri"ht to receive le"al support, or !oney or property obtained as such support, or any pension or "ratuity fro! the ?overn!ent-
(!) 8roperties specially exe!pted by law.
%ut no article or species of property !entioned in this section shall be exe!pt fro! execution issued upon a &ud"!ent recovered for its price or upon a
&ud"!ent of foreclosure of a !ort"a"e thereon. (1$a)
Section 14. Return of writ of e*ecution. The writ of execution shall be returnable to the court issuin" it i!!ediately after the &ud"!ent has been satisfied
in part or in full. *f the &ud"!ent cannot be satisfied in full within thirty ()<) days after his receipt of the writ, the officer shall report to the court and state the
reason therefor. uch writ shall continue in effect durin" the period within which the &ud"!ent !ay be enforced by !otion. The officer shall !ake a report to
the court every thirty ()<) days on the proceedin"s taken thereon until the &ud"!ent is satisfied in full, or its effectivity expires. The returns or periodic reports
shall set forth the whole of the proceedin"s taken, and shall be filed with the court and copies thereof pro!ptly furnished the parties. (11a)
Section 15. #otice of sale of property on e*ecution. %efore the sale of property on execution, notice thereof !ust be "iven as follows.
(a) *n case of perishable property, by postin" written notice of the ti!e and place of the sale in three ()) public places, preferably in conspicuous areas of the
!unicipal or city hall, post office and public !arket in the !unicipality or city where the sale is to take place, for such ti!e as !ay be reasonable,
considerin" the character and condition of the property-
(b) *n case of other personal property, by postin" a si!ilar notice in the three ()) public places above4!entioned for not less than five (0) days-
(c) *n case of real property, by postin" for twenty ($<) days in the three ()) public places above!entioned a si!ilar notice particularly describin" the property
and statin" where the property is to be sold, and if the assessed value of the property exceeds fifty thousand (80<,<<<.<<) pesos, by publishin" a copy of
the notice once a week for two ($) consecutive weeks in one newspaper selected by raffle, whether in ,n"lish, >ilipino, or any !a&or re"ional lan"ua"e
published, edited and circulated or, in the absence thereof, havin" "eneral circulation in the province or city-
(d) *n all cases, written notice of the sale shall be "iven to the &ud"!ent obli"or, at least three ()) days before the sale, except as provided in para"raph (a)
hereof where notice shall be "iven the sa!e !anner as personal service of pleadin"s and other papers as provided by section + of Rule 1).
The notice shall specify the place, date and exact ti!e of the sale which should not be earlier than nine oBclock in the !ornin" and not later than two oBclock
in the afternoon. The place of the sale !ay be a"reed upon by the parties. *n the absence of such a"ree!ent, the sale of the property or personal property
not capable of !anual delivery shall be held in the office of the clerk of court of the Re"ional Trial Court or the 1unicipal Trial Court which issued the writ of
or which was desi"nated by the appellate court. *n the case of personal property capable of !anual delivery, the sale shall be held in the place where the
property is located. (1:a)
Section 16. "roceedings where property claimed by third person. *f the property levied on is clai!ed by any person other than the &ud"!ent obli"or or his
a"ent, and such person !akes an affidavit of his title thereto or ri"ht to the possession thereof, statin" the "rounds of such ri"ht or title, and serves the sa!e
upon the officer !akin" the levy and copy thereof, statin" the "rounds of such ri"ht or tittle, and a serves the sa!e upon the officer !akin" the levy and a
copy thereof upon the &ud"!ent obli"ee, the officer shall not be bound to keep the property, unless such &ud"!ent obli"ee, on de!and of the officer, files a
bond approved by the court to inde!nity the third4party clai!ant in a su! not less than the value of the property levied on. *n case of disa"ree!ent as to
such value, the sa!e shall be deter!ined by the court issuin" the writ of execution. =o clai! for da!a"es for the takin" or keepin" of the property !ay be
enforced a"ainst the bond unless the action therefor is filed within one hundred twenty (1$<) days fro! the date of the filin" of the bond.
The officer shall not be liable for da!a"es for the takin" or keepin" of the property, to any third4party clai!ant if such bond is filed. =othin" herein contained
shall prevent such clai!ant or any third person fro! vindicatin" his clai! to the property in a separate action, or prevent the &ud"!ent obli"ee fro! clai!in"
da!a"es in the sa!e or a separate action a"ainst a third4party clai!ant who filed a frivolous or plainly spurious clai!.
/hen the writ of execution is issued in favor of the Republic of the 8hilippines, or any officer duly representin" it, the filin" of such bond shall not be
re7uired, and in case the sheriff or levyin" officer is sued for da!a"es as a result of the levy, he shall be represented by the olicitor ?eneral and if held
liable therefor, the actual da!a"es ad&ud"ed by the court shall be paid by the =ational Treasurer out of such funds as !ay be appropriated for the purpose.
(19a)
Section 1". "enalty for selling without notice, or removing or defacing notice. #n officer sellin" without the notice prescribed by section 10 of this Rule
shall be liable to pay punitive da!a"es in the a!ount of five thousand (80,<<<.<<) pesos to any person in&ured thereby, in addition to his actual da!a"es,
both to be recovered by !otion in the sa!e action- and a person willfully re!ovin" or defacin" the notice posted, if done before the sale, or before the
satisfaction of the &ud"!ent if it be satisfied before the sale, shall be liable to pay five thousand (80,<<<.<<) pesos to any person in&ured by reason thereof,
in addition to his actual da!a"es, to be recovered by !otion in the sa!e action. (1;a)
Section 1#. #o sale if udgment and costs paid. #t any ti!e before the sale of property on execution, the &ud"!ent obli"or !ay prevent the sale by
payin" the a!ount re7uired by the execution and the costs that have been incurred therein. ($<a)
Section 1$. 2ow property sold on e*ecution- who may direct manner and order of sale. #ll sales of property under execution !ust be !ade at public
auction, to the hi"hest bidder, to start at the exact ti!e fixed in the notice. #fter sufficient property has been sold to satisfy the execution, no !ore shall be
sold and any excess property or proceeds of the sale shall be pro!ptly delivered to the &ud"!ent obli"or or his authori'ed representative, unless otherwise
directed by the &ud"!ent or order of the court. /hen the sale is of real property, consistin" of several known lots, they !ust be sold separately- or, when a
portion of such real property is clai!ed by a third person, he !ay re7uire it to be sold separately. /hen the sale is of personal property capable of !anual
delivery, it !ust be sold within view of those attendin" the sa!e and in such parcels as are likely to brin" the hi"hest price. The &ud"!ent obli"or, if present
at the sale, !ay direct the order in which property, real or personal shall be sold, when such property consists of several known lots or parcels which can be
sold to advanta"e separately. =either the officer conductin" the execution sale, nor his deputies, can beco!e a purchaser, nor be interested directly or
indirectly in any purchase at such sale. ($1a)
Section 2%. Refusal of purchaser to pay. *f a purchaser refuses to pay the a!ount bid by hi! for property struck off to hi! at a sale under execution, the
officer !ay a"ain sell the property to the hi"hest bidder and shall not be responsible for any loss occasioned thereby- but the court !ay order the refusin"
purchaser to pay into the court the a!ount of such loss, with costs, and !ay punish hi! for conte!pt if he disobeys the order. The a!ount of such pay!ent
shall be for the benefit of the person entitled to the proceeds of the execution, unless the execution has been fully satisfied, in which event such proceeds
shall be for the benefit of the &ud"!ent obli"or. The officer !ay thereafter re&ect any subse7uent bid of such purchaser who refuses to pay. ($$a)
Section 21. Judgment obligee as purchaser. /hen the purchaser is the &ud"!ent obli"ee, and no third4party clai! has been filed, he need not pay the
a!ount of the bid if it does not exceed the a!ount of his &ud"!ent. *f it does, he shall pay only the excess. ($)a)
Section 22. &dournment of sale. %y written consent of the &ud"!ent obli"or and obli"ee, or their duly authori'ed representatives, the officer !ay ad&ourn
the sale to any date and ti!e a"reed upon by the!. /ithout such a"ree!ent, he !ay ad&ourn the sale fro! day to day if it beco!es necessary to do so for
lack of ti!e to co!plete the sale on the day fixed in the notice or the day to which it was ad&ourned. ($(a)
Section 23. Conveyance to purchaser of personal property capable of manual delivery. /hen the purchaser of any personal property, capable of !anual
delivery, pays the purchase price, the officer !akin" the sale !ust deliver the property to the purchaser and, if desired, execute and deliver to hi! a
certificate of sale. The sale conveys to the purchaser all the ri"hts which the &ud"!ent obli"or had in such property as of the date of the levy on execution or
preli!inary attach!ent. ($0a)
Section 24. Conveyance to purchaser of personal property not capable of manual delivery. /hen the purchaser of any personal property, not capable of
!anual delivery, pays the purchase price, the officer !akin" the sale !ust execute and deliver to the purchaser a certificate of sale. uch certificate conveys
to the purchaser all the ri"hts which the &ud"!ent obli"or had in such property as of the date of the levy on execution or preli!inary attach!ent. ($+a)
Section 25. Conveyance of real property- certificate thereof given to purchaser and filed with registry of deeds. 5pon a sale of real property, the officer
!ust "ive to the purchaser a certificate of sale containin".
(a) # particular description of the real property sold-
(b) The price paid for each distinct lot or parcel-
(c) The whole price paid by hi!-
(d) # state!ent that the ri"ht of rede!ption expires one (1) year fro! the date of the re"istration of the certificate of sale.
uch certificate !ust be re"istered in the re"istry of deeds of the place where the property is situated. ($9 a)
Section 26. Certificate of sale where property claimed by third person. /hen a property sold by virtue of a writ of execution has been clai!ed by a third
person, the certificate of sale to be issued by the sheriff pursuant to sections $), $( and $0 of this Rule shall !ake express !ention of the existence of such
third4party clai!. ($:a)
Section 2". !ho may redeem real property so sold. Real property sold as provided in the last precedin" section, or any part thereof sold separately, !ay
be redee!ed in the !anner hereinafter provided, by the followin" persons.
(a) The &ud"!ent obli"or- or his successor in interest in the whole or any part of the property-
(b) # creditor havin" a lien by virtue of an attach!ent, &ud"!ent or !ort"a"e on the property sold, or on so!e part thereof, subse7uent to the lien under
which the property was sold. uch redee!in" creditor is ter!ed a rede!ptioner. ($;a)
Section 2#. Time and manner of- and amounts payable on, successive redemptions- notice to be given and filed. The &ud"!ent obli"or, or rede!ptioner,
!ay redee! the property fro! the purchaser, at any ti!e within one (1) year fro! the date of the re"istration of the certificate of sale, by payin" the
purchaser the a!ount of his purchase, with the per centum per !onth interest thereon in addition, up to the ti!e of rede!ption, to"ether with the a!ount of
any assess!ents or taxes which the purchaser !ay have paid thereon after purchase, and interest on such last na!ed a!ount at the sa!e rate- and if the
purchaser be also a creditor havin" a prior lien to that of the rede!ptioner, other than the &ud"!ent under which such purchase was !ade, the a!ount of
such other lien, with interest.
8roperty so redee!ed !ay a"ain be redee!ed within sixty (+<) days after the last rede!ption upon pay!ent of the su! paid on the last rede!ption, with
two per centum thereon in addition and the a!ount of any assess!ents or taxes which the last rede!ptioner !ay have paid thereon after rede!ption by
hi!, with interest on such last na!ed a!ount, and in addition, the a!ount of any liens held by said last rede!ptioner prior to his own, with interest. The
property !ay be a"ain, and as often as a rede!ptioner is so disposed, redee!ed fro! any previous rede!ptioner within sixty (+<) days after the last
rede!ption, on payin" the su! paid on the last previous rede!ption, with two per centum thereon in addition, and the a!ounts of any assess!ents or taxes
which the last previous rede!ptioner paid after the rede!ption thereon, with interest thereon, and the a!ount of any liens held by the last rede!ptioner
prior to his own, with interest.
/ritten notice of any rede!ption !ust be "iven to the officer who !ade the sale and a duplicate filed with the re"istry of deeds of the place, and if any
assess!ents or taxes are paid by the rede!ptioner or if he has or ac7uires any lien other than that upon which the rede!ption was !ade, notice thereof
!ust in like !anner be "iven to the officer and filed with the re"istry of deeds- if such notice be not filed, the property !ay be redee!ed without payin" such
assess!ents, taxes, or liens. ()<a)
Section 2$. (ffect of redemption by udgment obligor, and a certificate to be delivered and recorded thereupon- to whom payments on redemption made.
*f the &ud"!ent obli"or redee!s he !ust !ake the sa!e pay!ents as are re7uired to effect a rede!ption by a rede!ptioner, whereupon, no further
rede!ption shall be allowed and he is restored to his estate. The person to who! the rede!ption pay!ent is !ade !ust execute and deliver to hi! a
certificate of rede!ption acknowled"ed before a notary public or other officer authori'ed to take acknowled"!ents of conveyances of real property. uch
certificate !ust be filed and recorded in the re"istry of deeds of the place in which the property is situated and the re"istrar of deeds !ust note the record
thereof on the !ar"in of the record of the certificate of sale. The pay!ents !entioned in this and the last precedin" sections !ay be !ade to the purchaser
or rede!ptioner, or for hi! to the officer who !ade the sale. ()1a)
Section 3%. "roof re5uired of redemptioner. # rede!ptioner !ust produce to the officer, or person fro! who! he seeks to redee!, and serve with his
notice to the officer a copy of the &ud"!ent or final order under which he clai!s the ri"ht to redee!, certified by the clerk of the court wherein the &ud"!ent
or final order is entered, or, if he redee!s upon a !ort"a"e or other lien, a !e!orandu! of the record thereof, certified by the re"istrar of deeds, or an
ori"inal or certified copy of any assi"n!ent necessary to establish his clai!- and an affidavit executed by hi! or his a"ent, showin" the a!ount then actually
due on the lien. ()$a)
Section 31. Manner of using premises pending redemption- waste restrained. 5ntil the expiration of the ti!e allowed for rede!ption, the court !ay, as in
other proper cases, restrain the co!!ission of waste on the property by in&unction, on the application of the purchaser or the &ud"!ent obli"ee, with or
without notice- but it is not waste for a person in possession of the property at the ti!e of the sale, or entitled to possession afterwards, durin" the period
allowed for rede!ption, to continue to use it in the sa!e !anner in which it was previously used, or to use it in the ordinary course of husbandry- or to !ake
the necessary repairs to buildin"s thereon while he occupies the property. ())a)
Section 32. Rents, earnings and income of property pending redemption. The purchaser or a rede!ptioner shall not be entitled to receive the rents,
earnin"s and inco!e of the property sold on execution, or the value of the use and occupation thereof when such property is in the possession of a tenant.
#ll rents, earnin"s and inco!e derived fro! the property pendin" rede!ption shall belon" to the &ud"!ent obli"or until the expiration of his period of
rede!ption. ()(a)
Section 33. )eed and possession to be given at e*piration of redemption period- by whom e*ecuted or given. *f no rede!ption be !ade within one (1)
year fro! the date of the re"istration of the certificate of sale, the purchaser is entitled to a conveyance and possession of the property- or, if so redee!ed
whenever sixty (+<) days have elapsed and no other rede!ption has been !ade, and notice thereof "iven, and the ti!e for rede!ption has expired, the last
rede!ptioner is entitled to the conveyance and possession- but in all cases the &ud"!ent obli"or shall have the entire period of one (1) year fro! the date of
the re"istration of the sale to redee! the property. The deed shall be executed by the officer !akin" the sale or by his successor in office, and in the latter
case shall have the sa!e validity as thou"h the officer !akin" the sale had continued in office and executed it.
5pon the expiration of the ri"ht of rede!ption, the purchaser or rede!ptioner shall be substituted to and ac7uire all the ri"hts, title, interest and clai! of the
&ud"!ent obli"or to the property as of the ti!e of the levy. The possession of the property shall be "iven to the purchaser or last rede!ptioner by the sa!e
officer unless a third party adversely to the &ud"!ent obli"or. ()0a)
Section 34. Recovery of price if sale not effective- revival of udgment. *f the purchaser of real property sold on execution, or his successor in interest,
fails to recover the possession thereof, or is evicted therefro!, in conse7uence of irre"ularities in the proceedin"s concernin" the sale, or because the
&ud"!ent has been reversed or set aside, or because the property sold was exe!pt fro! execution, or because a third person has vindicated his clai! to
the property, he !ay on !otion in the sa!e action or in a separate action recover fro! the &ud"!ent obli"ee the price paid, with interest, or so !uch thereof
as has not been delivered to the &ud"!ent obli"or, or he !ay, on !otion, have the ori"inal &ud"!ent revived in his na!e for the whole price with interest, or
so !uch thereof as has been delivered to the &ud"!ent obli"or. The &ud"!ent so revived shall have the sa!e force and effect as an ori"inal &ud"!ent would
have as of the date of the revival and no !ore. ()+a)
Section 35. Right to contribution or reimbursement. /hen property liable to an execution a"ainst several persons is sold thereon, and !ore than a due
proportion of the &ud"!ent is satisfied out of the proceeds of the sale of the property of one of the!, or one of the! pays, without a sale, !ore than his
proportion, he !ay co!pel a contribution fro! the others- and when a &ud"!ent is upon an obli"ation of one of the!, as security for another, and the surety
pays the a!ount, or any part thereof, either by sale of his property or before sale, he !ay co!pel repay!ent fro! the principal. ()9a)
Section 36. (*amination of udgment obligor when udgment unsatisfied. /hen the return of a writ of execution issued a"ainst property of a &ud"!ent
obli"or, or any one of several obli"ors in the sa!e &ud"!ent, shows that the &ud"!ent re!ains unsatisfied, in whole or in part, the &ud"!ent obli"ee, at any
ti!e after such return is !ade, shall be entitled to an order fro! the court which rendered the said &ud"!ent, re7uirin" such &ud"!ent obli"or to appear and
be exa!ined concernin" his property and inco!e before such court or before a co!!issioner appointed by it at a specified ti!e and place- and proceedin"s
!ay thereupon be had for the application of the property and inco!e of the &ud"!ent obli"or towards the satisfaction of the &ud"!ent. %ut no &ud"!ent
obli"or shall be so re7uired to appear before a court or co!!issioner outside the province or city in which such obli"or resides or is found. ():a)
Section 3". (*amination of obligor of udgment obligor. /hen the return of a writ of execution a"ainst the property of a &ud"!ent obli"or shows that the
&ud"!ent re!ain unsatisfied, in whole or in part, and upon proof to the satisfaction of the court which issued the writ, that a person, corporation, or other
&uridical entity has property of such &ud"!ent obli"or or is indebted to hi!, the court !ay, by an order, re7uire such person, corporation, or other &uridical
entity, or any officer, or !e!ber thereof, to appear before the court or a co!!issioner appointed by it, at a ti!e and place within the province or city where
such debtor resides or is found, and be exa!ined concernin" the sa!e. The service of the order shall bind all credits due the &ud"!ent obli"or and all
!oney and property of the &ud"!ent obli"or in the possession or in the control of such person corporation, or &uridical entity fro! the ti!e of service- and the
court !ay also re7uire notice of such proceedin"s to be "iven to any party to the action in such !anner as it !ay dee! proper. ();a)
Section 3#. (nforcement of attendance and conduct of e*amination. # party or other person !ay be co!pelled, by an order or subpoena, to attend
before the court or co!!issioner to testify as provided in the two precedin" sections, and upon failure to obey such order or subpoena or to be sworn, or to
answer as a witness or to subscribe his deposition, !ay be punished for conte!pt as in other cases. ,xa!inations shall not be unduly prolon"ed, but the
proceedin"s !ay be ad&ourned fro! ti!e to ti!e, until they are co!pleted. *f the exa!ination is before a co!!issioner, he !ust take it in writin" and certify
it to the court. #ll exa!inations and answers before a court co!!issioner !ust be under oath, and when a corporation or other &uridical entity answers, it
!ust be on the oath of an authori'ed officer or a"ent thereof. ((<a)
Section 3$. Obligor may pay e*ecution against obligee. #fter a writ of execution a"ainst property has been issued, a person indebted to the &ud"!ent
obli"or !ay pay to the sheriff holdin" the writ of execution the a!ount of his debt or so !uch thereof as !ay be necessary to satisfy the &ud"!ent, in the
!anner prescribed in section ; of this Rule, and the sheriffBs receipt shall be a sufficient dischar"e for the a!ount so paid or directed to be credited by the
&ud"!ent obli"ee on the execution. ((1a)
Section 4%. Order for application of property and income to satisfaction of udgment. The court !ay order any property of the &ud"!ent obli"or, or !oney
due hi!, not exe!pt fro! execution, in the hands of either hi!self or another person, or of a corporation or other &uridical entity, to be applied to the
satisfaction of the &ud"!ent, sub&ect to any prior ri"hts over such property.
*f, upon investi"ation of his current inco!e and expenses, it appears that the earnin"s of the &ud"!ent obli"or for his personal services are !ore than
necessary for the support of his fa!ily, the court !ay order that he pay the &ud"!ent in fixed !onthly install!ents, and upon his failure to pay any such
install!ent when due without "ood excuse, !ay punish hi! for indirect conte!pt. (($a)
Section 41. &ppointment of receiver. The court !ay appoint a receiver of the property of the &ud"!ent obli"or- and it !ay also forbid a transfer or other
disposition of, or any interference with, the property of the &ud"!ent obli"or not exe!pt fro! execution. (()a)
Section 42. Sale of ascertainable interest of udgment obligor in real estate. *f it appears that the &ud"!ent obli"or has an interest in real estate in the
place in which proceedin"s are had, as !ort"a"or or !ort"a"ee or other4 wise, and his interest therein can be ascertained without controversy the receiver
!ay be ordered to sell and convey such real estate or the interest of the obli"or therein- and such sale shall be conducted in all respects in the sa!e
!anner as is provided for the sale of real state upon execution, and the proceedin"s thereon shall be approved by the court before the execution of the
deed. ()(a)
Section 43. "roceedings when indebtedness denied or another person claims the property. *f it appears that a person or corporation, alle"ed to have
property of the &ud"!ent obli"or or to be indebted to hi!, clai!s an interest in the property adverse to hi! or denied the debt, the court !ay authori'e, by an
order !ade to that effect, the &ud"!ent obli"ee to institute an action a"ainst such person or corporation for the recovery of such interest or debt, forbid a
transfer or other disposition of such interest or debt within one hundred twenty (1$<) days fro! notice of the order, and !ay punish disobedience of such
order as for conte!pt. uch order !ay be !odified or vacated at any ti!e by the court which issued it, or by the court in which the action is brou"ht, upon
such ter!s as !ay be &ust. ((0a)
Section 44. (ntry of satisfaction of udgment by cler' of court. atisfaction of a &ud"!ent shall be entered by the clerk of court in the court docket, and in
the execution book, upon the return of a writ of execution showin" the full satisfaction of the &ud"!ent, or upon the filin" of an ad!ission to the satisfaction
of the &ud"!ent executed and acknowled"ed in the sa!e !anner as a conveyance of real property by the &ud"!ent obli"ee or by his counsel unless a
revocation of his authority is filed, or upon the endorse!ent of such ad!ission by the &ud"!ent obli"ee or his counsel, on the face of the record of the
&ud"!ent. ((+a)
Section 45. (ntry of satisfaction with or without admission. /henever a &ud"!ent is satisfied in fact, or otherwise than upon an execution on de!and of
the &ud"!ent obli"or, the &ud"!ent obli"ee or his counsel !ust execute and acknowled"e, or indorse an ad!ission of the satisfaction as provided in the last
precedin" section, and after notice and upon !otion the court !ay order either the &ud"!ent obli"ee or his counsel to do so, or !ay order the entry of
satisfaction to be !ade without such ad!ission. ((9a)
Section 46. !hen principal bound by udgment against surety. /hen a &ud"!ent is rendered a"ainst a party who stands as surety for another, the latter
is also bound fro! the ti!e that he has notice of the action or proceedin", and an opportunity at the suretyBs re7uest to &oin in the defense. ((:a)
Section 4". (ffect of udgments or final orders. The effect of a &ud"!ent or final order rendered by a court of the 8hilippines, havin" &urisdiction to
pronounce the &ud"!ent or final order, !ay be as follows.
(a) *n case of a &ud"!ent or final order a"ainst a specific thin", or in respect to the probate of a will, or the ad!inistration of the estate of a deceased person,
or in respect to the personal, political, or le"al condition or status of a particular person or his relationship to another, the &ud"!ent or final order is
conclusive upon the title to the thin", the will or ad!inistration or the condition, status or relationship of the person, however, the probate of a will or "rantin"
of letters of ad!inistration shall only be prima facie evidence of the death of the testator or intestate-
(b) *n other cases, the &ud"!ent or final order is, with respect to the !atter directly ad&ud"ed or as to any other !atter that could have been !issed in
relation thereto, conclusive between the parties and their successors in interest, by title subse7uent to the co!!ence!ent of the action or special
proceedin", liti"atin" for the sa!e thin" and under the sa!e title and in the sa!e capacity- and
(c) *n any other liti"ation between the sa!e parties or their successors in interest, that only is dee!ed to have been ad&ud"ed in a for!er &ud"!ent or final
order which appears upon its face to have been so ad&ud"ed, or which was actually and necessarily included therein or necessary thereto. ((;a)
Section 4#. (ffect of foreign udgments or final orders. The effect of a &ud"!ent or final order of a tribunal of a forei"n country, havin" &urisdiction to
render the &ud"!ent or final order is as follows.
(a) *n case of a &ud"!ent or final order upon a specific thin", the &ud"!ent or final order, is conclusive upon the title to the thin", and
(b) *n case of a &ud"!ent or final order a"ainst a person, the &ud"!ent or final order is presu!ptive evidence of a ri"ht as between the parties and their
successors in interest by a subse7uent title.
*n either case, the &ud"!ent or final order !ay be repelled by evidence of a want of &urisdiction, want of notice to the party, collusion, fraud, or clear !istake
of law or fact. (0<a)

A//eals
RULE 4%
A//eal .ro' ,nici/al )rial Corts to t1e Re*ional )rial Corts
Section 1. !here to appeal. #n appeal fro! a &ud"!ent or final order of a 1unicipal Trial Court !ay be taken to the Re"ional Trial Court exercisin"
&urisdiction over the area to which the for!er pertains. The title of the case shall re!ain as it was in the court of ori"in, but the party appealin" the case shall
be further referred to as the appellant and the adverse party as the appellee. (a)
Section 2. !hen to appeal. #n appeal !ay be taken within fifteen (10) days after notice to the appellant of the &ud"!ent or final order appealed fro!.
/here a record on appeal is re7uired, the appellant shall file a notice of appeal and a record on appeal within thirty ()<) days after notice of the &ud"!ent or
final order.
The period of appeal shall be interrupted by a ti!ely !otion for new trial or reconsideration. =o !otion for extension of ti!e to file a !otion for new trial or
reconsideration shall be allowed. (n)
Section 3. 2ow to appeal. The appeal is taken by filin" a notice of appeal with the court that rendered the &ud"!ent or final order appealed fro!. The
notice of appeal shall indicate the parties to the appeal, the &ud"!ent or final order or part thereof appealed fro!, and state the !aterial dates showin" the
ti!eliness of the appeal.
# record on appeal shall be re7uired only in special proceedin"s and in other cases of !ultiple or separate appeals.
The for! and contents of the record on appeal shall be as provided in section +, Rule (1.
Copies of the notice of appeal, and the record on appeal where re7uired, shall be served on the adverse party. (n)
Section 4. "erfection of appeal- effect thereof. The perfection of the appeal and the effect thereof shall be "overned by the provisions of section ;, Rule
(1. (n)
Section 5. &ppellate court doc'et and other lawful fees. /ithin the period for takin" an appeal, the appellant shall pay to the clerk of the court which
rendered the &ud"!ent or final order appealed fro! the full a!ount of the appellate court docket and other lawful fees. 8roof of pay!ent thereof shall be
trans!itted to the appellate court to"ether with the ori"inal record or the record on appeal, as the case !ay be. (n)
Section 6. )uty of the cler' of court. /ithin fifteen (10) days fro! the perfection of the appeal, the clerk of court or the branch clerk of court of the lower
court shall trans!it the ori"inal record or the record on appeal, to"ether with the transcripts and exhibits, which he shall certify as co!plete, to the proper
Re"ional Trial Court. # copy of his letter of trans!ittal of the records to the appellate court shall be furnished the parties. (n)
Section ". "rocedure in the Regional Trial Court.
(a) 5pon receipt of the co!plete record or the record on appeal, the clerk of court of the Re"ional Trial Court shall notify the parties of such fact.
(b) /ithin fifteen (10) days fro! such notice, it shall be the duty of the appellant to sub!it a !e!orandu! which shall briefly discuss the errors i!puted to
the lower court, a copy of which shall be furnished by hi! to the adverse party. /ithin fifteen (10) days fro! receipt of the appellantBs !e!orandu!, the
appellee !ay file his !e!orandu!. >ailure of the appellant to file a !e!orandu! shall be a "round for dis!issal of the appeal.
(c) 5pon the filin" of the !e!orandu! of the appellee, or the expiration of the period to do so, the case shall be considered sub!itted for decision. The
Re"ional Trial Court shall decide the case on the basis of the entire record of the proceedin"s had in the court of ori"inal and such !e!oranda as are filed.
(n)
Section #. &ppeal from orders dismissing case without trial- lac' of urisdiction. *f an appeal is taken fro! an order of the lower court dis!issin" the case
without a trial on the !erits, the Re"ional Trial Court !ay affir! or reverse it, as the case !ay be. *n case of affir!ance and the "round of dis!issal is lack
of &urisdiction over the sub&ect !atter, the Re"ional Trial Court, if it has &urisdiction thereover, shall try the case on the !erits as if the case was ori"inally filed
with it. *n case of reversal, the case shall be re!anded for further proceedin"s.
*f the case was tried on the !erits by the lower court without &urisdiction over the sub&ect !atter, the Re"ional Trial Court on appeal shall not dis!iss the
case if it has ori"inal &urisdiction thereof, but shall decide the case in accordance with the precedin" section, without pre&udice to the ad!ission of a!ended
pleadin"s and additional evidence in the interest of &ustice. (n)
Section $. &pplicability of Rule 89. The other provisions of Rule (1 shall apply to appeals provided for herein insofar as they are not inconsistent with or
!ay serve to supple!ent the provisions of this Rule. (n)
RULE 41
A//eal .ro' )1e Re*ional )rial Corts
Section 1. Subect of appeal. #n appeal !ay be taken fro! a &ud"!ent or final order that co!pletely disposes of the case, or of a particular !atter
therein when declared by these Rules to be appealable.
=o appeal !ay be taken fro!.
(a) #n order denyin" a !otion for new trial or reconsideration-
(b) #n order denyin" a petition for relief or any si!ilar !otion seekin" relief fro! &ud"!ent-
(c) #n interlocutory order-
(d) #n order disallowin" or dis!issin" an appeal-
(e) #n order denyin" a !otion to set aside a &ud"!ent by consent, confession or co!pro!ise on the "round of fraud, !istake or duress, or any other "round
vitiatin" consent-
(f) #n order of execution-
(") # &ud"!ent or final order for or a"ainst one or !ore of several parties or in separate clai!s, counterclai!s, cross4clai!s and third4party co!plaints, while
the !ain case is pendin", unless the court allows an appeal therefro!- and
(h) #n order dis!issin" an action without pre&udice.
*n all the above instances where the &ud"!ent or final order is not appealable, the a""rieved party !ay file an appropriate special civil action under Rule +0.
(n)
Section 2. Modes of appeal.
(a) Ordinary appeal. The appeal to the Court of #ppeals in cases decided by the Re"ional Trial Court in the exercise of its ori"inal &urisdiction shall be
taken by filin" a notice of appeal with the court which rendered the &ud"!ent or final order appealed fro! and servin" a copy thereof upon the adverse party.
=o record on appeal shall be re7uired except in special proceedin"s and other cases of !ultiple or separate appeals where law on these Rules so re7uire.
*n such cases, the record on appeal shall be filed and served in like !anner.
(b) "etition for review. The appeal to the Court of #ppeals in cases decided by the Re"ional Trial Court in the exercise of its appellate &urisdiction shall be
by petition for review in accordance with Rule ($.
(c) &ppeal by certiorari. *n all cases where only 7uestions of law are raised or involved, the appeal shall be to the upre!e Court by petition for review
on certiorari in accordance with the Rule (0. (n)
Section 3. "eriod of ordinary appeal. The appeal shall be taken within fifteen (10) days fro! notice of the &ud"!ent or final order appealed fro!. /here a
record on appeal is re7uired, the appellant shall file a notice of appeal and a record on appeal within thirty ()<) days fro! notice of the &ud"!ent or final
order.
The period of appeal shall be interrupted by a ti!ely !otion for new trial or reconsideration. =o !otion for extension of ti!e to file a !otion for new trial or
reconsideration shall be allowed. (n)
Section 4. &ppellate court doc'et and other lawful fees. /ithin the period for takin" an appeal, the appellant shall pay to the clerk of the court which
rendered the &ud"!ent or final order appealed fro!, the full a!ount of the appellate court docket and other lawful fees. 8roof of pay!ent of said fees shall
be trans!itted to the appellate court to"ether with the ori"inal record or the record on appeal. (n)
Section 5. #otice of appeal. The notice of appeal shall indicate the parties to the appeal, specify the &ud"!ent or final order or part thereof appealed
fro!, specify the court to which the appeal is bein" taken, and state the !aterial dates showin" the ti!eliness of the appeal. ((a)
Section 6. Record on appeal- form and contents thereof. The full na!es of all the parties to the proceedin"s shall be stated in the caption of the record
on appeal and it shall include the &ud"!ent or final order fro! which the appeal is taken and, in chronolo"ical order, copies of only such pleadin"s, petitions,
!otions and all interlocutory orders as are related to the appealed &ud"!ent or final order for the proper understandin" of the issue involved, to"ether with
such data as will show that the appeal was perfected on ti!e. *f an issue of fact is to be raised on appeal, the record on appeal shall include by reference all
the evidence, testi!onial and docu!entary, taken upon the issue involved. The reference shall specify the docu!entary evidence by the exhibit nu!bers or
letters by which it was identified when ad!itted or offered at the hearin", and the testi!onial evidence by the na!es of the correspondin" witnesses. *f the
whole testi!onial and docu!entary evidence in the case is to be included, a state!ent to that effect will be sufficient without !entionin" the na!es of the
witnesses or the nu!bers or letters of exhibits. ,very record on appeal exceedin" twenty ($<) pa"es !ust contain a sub&ect index. (+a)
Section ". &pproval of record on appeal. 5pon the filin" of the record on appeal for approval and if no ob&ection is filed by the appellee within five (0)
days fro! receipt of a copy thereof, the trial court !ay approve it as presented or upon its own !otion or at the instance of the appellee, !ay direct its
a!end!ent by the inclusion of any o!itted !atters which are dee!ed essential to the deter!ination of the issue of law or fact involved in the appeal. *f the
trial court orders the a!end!ent of the record, the appellant, within the ti!e li!ited in the order, or such extension thereof as !ay be "ranted, or if no ti!e is
fixed by the order within ten (1<) days fro! receipt thereof, shall redraft the record by includin" therein, in their proper chronolo"ical se7uence, such
additional !atters as the court !ay have directed hi! to incorporate, and shall thereupon sub!it the redrafted record for approval, upon notice to the
appellee, in like !anner as the ori"inal draft. (9a)
Section #. Joint record on appeal. /here both parties are appellants, they !ay file a &oint record on appeal within the ti!e fixed by section ) of this Rule,
or that fixed by the court. (:a)
Section $. "erfection of appeal- effect thereof. # partyBs appeal by notice of appeal is dee!ed perfected as to hi! upon the filin" of the notice of appeal
in due ti!e.
# partyBs appeal by record on appeal is dee!ed perfected as to hi! with respect to the sub&ect !atter thereof upon the approval of the record on appeal
filed in due ti!e.
*n appeals by notice of appeal, the court loses &urisdiction over the case upon the perfection of the appeals filed in due ti!e and the expiration of the ti!e to
appeal of the other parties.
*n appeals by record on appeal, the court loses &urisdiction only over the sub&ect !atter thereof upon the approval of the records on appeal filed in due ti!e
and the expiration of the appeal of the other parties.
*n either case, prior to the trans!ittal of the ori"inal record or the record on appeal, the court !ay issue orders for the protection and preservation of the
ri"hts of the parties which do not involve any !atter liti"ated by the appeal, approve co!pro!ises, per!it appeals of indi"ent liti"ants, order execution
pendin" appeal in accordance with $ of Rule );, and allow withdrawal of the appeal. (;a)
Section 1%. )uty of cler' of court of the lower court upon perfection of appeal. /ithin thirty ()<) days after perfection of all the appeals in accordance with
the precedin" section, it shall be the duty of the clerk of court of the lower court.
(a) To verify the correctness of the ori"inal record or the record on appeal, as the case !ay be aid to !ake certification of its correctness-
(b) To verify the co!pleteness of the records that will be, trans!itted to the appellate court-
(c) *f found to be inco!plete, to take such !easures as !ay be re7uired to co!plete the records, availin" of the authority that he or the court !ay exercise
for this purpose- and
(d) To trans!it the records to the appellate court.
*f the efforts to co!plete the records fail, he shall indicate in his letter of trans!ittal the exhibits or transcripts not included in the records bein" trans!itted to
the appellate court, the reasons for their non4trans!ittal, and the steps taken or that could be taken to have the! available.
The clerk of court shall furnish the parties with copies of his letter of trans!ittal of the records to the appellate court. (1<a)
Section 11. Transcript. 5pon the perfection of the appeal, the clerk shall i!!ediately direct the steno"raphers concerned to attach to the record of the
case five (0) copies of the transcripts of the testi!onial evidence referred to in the record on appeal. The steno"raphers concerned shall transcribe such
testi!onial evidence and shall prepare and affix to their transcripts an index containin" the na!es of the witnesses and the pa"es wherein their testi!onies
are found, and a list of the exhibits and the pa"es wherein each of the! appears to have been offered and ad!itted or re&ected by the trial court. The
transcripts shall be trans!itted to the clerk of the trial court who shall thereupon arran"e the sa!e in the order in which the witnesses testified at the trial,
and shall cause the pa"es to be nu!bered consecutively. (1$a)
Section 12. Transmittal. The clerk of the trial court shall trans!it to the appellate court the ori"inal record or the approved record on appeal within thirty
()<) days fro! the perfection of the appeal, to"ether with the proof of pay!ent of the appellate court docket and other lawful fees, a certified true copy of the
!inutes of the proceedin"s, the order of approval, the certificate of correctness, the ori"inal docu!entary evidence referred to therein, and the ori"inal and
three ()) copies of the transcripts. Copies of the transcripts and certified true copies of the docu!entary evidence shall re!ain in the lower court for the
exa!ination of the parties. (11a)
Section 13. )ismissal of appeal. 8rior to the trans!ittal of the ori"inal record or the record on appeal to the appellate court, the trial court !ay motu
propio or on !otion dis!iss the appeal for havin" been taken out of ti!e. (1(a)
RULE 42
Petition !or Revie9 .ro' t1e Re*ional )rial Corts to t1e Cort o! A//eals
Section 1. 2ow appeal ta'en- time for filing. # party desirin" to appeal fro! a decision of the Re"ional Trial Court rendered in the exercise of its appellate
&urisdiction !ay file a verified petition for review with the Court of #ppeals, payin" at the sa!e ti!e to the clerk of said court the correspondin" docket and
other lawful fees, depositin" the a!ount of 80<<.<< for costs, and furnishin" the Re"ional Trial Court and the adverse party with a copy of the petition. The
petition shall be filed and served within fifteen (10) days fro! notice of the decision sou"ht to be reviewed or of the denial of petitionerBs !otion for new trial
or reconsideration filed in due ti!e after &ud"!ent. 5pon proper !otion and the pay!ent of the full a!ount of the docket and other lawful fees and the
deposit for costs before the expiration of the re"le!entary period, the Court of #ppeals !ay "rant an additional period of fifteen (10) days only within which
to file the petition for review. =o further extension shall be "ranted except for the !ost co!pellin" reason and in no case to exceed fifteen (10) days. (n)
Section 2. 3orm and contents. The petition shall be filed in seven (9) le"ible copies, with the ori"inal copy intended for the court bein" indicated as such
by the petitioner, and shall (a) state the full na!es of the parties to the case, without i!pleadin" the lower courts or &ud"es thereof either as petitioners or
respondents- (b) indicate the specific !aterial dates showin" that it was filed on ti!e- (c) set forth concisely a state!ent of the !atters involved, the issues
raised, the specification of errors of fact or law, or both, alle"edly co!!itted by the Re"ional Trial Court, and the reasons or ar"u!ents relied upon for the
allowance of the appeal- (d) be acco!panied by clearly le"ible duplicate ori"inals or true copies of the &ud"!ents or final orders of both lower courts,
certified correct by the clerk of court of the Re"ional Trial Court, the re7uisite nu!ber of plain copies thereof and of the pleadin"s and other !aterial portions
of the record as would support the alle"ations of the petition.
The petitioner shall also sub!it to"ether with the petition a certification under oath that he has not theretofore co!!enced any other action involvin" the
sa!e issues in the upre!e Court, the Court of #ppeals or different divisions thereof, or any other tribunal or a"ency- if there is such other action or
proceedin", he !ust state the status of the sa!e- and if he should thereafter learn that a si!ilar action or proceedin" has been filed or is pendin" before the
upre!e Court, the Court of #ppeals, or different divisions thereof, or any other tribunal or a"ency, he undertakes to pro!ptly infor! the aforesaid courts
and other tribunal or a"ency thereof within five (0) days therefro!. (n)
Section 3. (ffect of failure to comply with re5uirements. The failure of the petitioner to co!ply with any of the fore"oin" re7uire!ents re"ardin" the
pay!ent of the docket and other lawful fees, the deposit for costs, proof of service of the petition, and the contents of and the docu!ents which should
acco!pany the petition shall be sufficient "round for the dis!issal thereof. (n)
Section 4. &ction on the petition. The Court of #ppeals !ay re7uire the respondent to file a co!!ent on the petition, not a !otion to dis!iss, within ten
(1<) days fro! notice, or dis!iss the petition if it finds the sa!e to be patently without !erit, prosecuted !anifestly for delay, or that the 7uestions raised
therein are too insubstantial to re7uire consideration. (n)
Section 5. Contents of comment. The co!!ent of the respondent shall be filed in seven (9) le"ible copies, acco!panied by certified true copies of such
!aterial portions of the record referred to therein to"ether with other supportin" papers and shall (a) state whether or not he accepts the state!ent of
!atters involved in the petition- (b) point out such insufficiencies or inaccuracies as he believes exist in petitionerBs state!ent of !atters involved but without
repetition- and (c) state the reasons why the petition should not be "iven due course. # copy thereof shall be served on the petitioner. (a)
Section 6. )ue course. *f upon the filin" of the co!!ent or such other pleadin"s as the court !ay allow or re7uire, or after the expiration of the period for
the filin" thereof without such co!!ent or pleadin" havin" been sub!itted, the Court of #ppeals finds prima facie that the lower court has co!!itted an
error of fact or law that will warrant a reversal or !odification of the appealed decision, it !ay accordin"ly "ive due course to the petition. (n)
Section ". (levation of record. /henever the Court of #ppeals dee!s it necessary, it !ay order the clerk of court of the Re"ional Trial Court to elevate
the ori"inal record of the case includin" the oral and docu!entary evidence within fifteen (10) days fro! notice. (n)
Section #. "erfection of appeal- effect thereof. (a) 5pon the ti!ely filin" of a petition for review and the pay!ent of the correspondin" docket and other
lawful fees, the appeal is dee!ed perfected as to the petitioner.
The Re"ional Trial Court loses &urisdiction over the case upon the perfection of the appeals filed in due ti!e and the expiration of the ti!e to appeal of the
other parties.
6owever, before the Court of #ppeals "ives due course to the petition, the Re"ional Trial Court !ay issue orders for the protection and preservation of the
ri"hts of the parties which do not involve any !atter liti"ated by the appeal, approve co!pro!ises, per!it appeals of indi"ent liti"ants, order execution
pendin" appeal in accordance with section $ of Rule );, and allow withdrawal of the appeal. (;a, R(1)
(b) ,xcept in civil cases decided under the Rule on u!!ary 8rocedure, the appeal shall stay the &ud"!ent or final order unless the Court of #ppeals, the
law, or these Rules shall provide otherwise. (a)
Section $. Submission for decision. *f the petition is "iven due course, the Court of #ppeals !ay set the case for oral ar"u!ent or re7uire the parties to
sub!it !e!oranda within a period of fifteen (10) days fro! notice. The case shall be dee!ed sub!itted for decision upon the filin" of the last pleadin" or
!e!orandu! re7uired by these Rules or by the court itself. (n)
RULE 43
A//eals .ro' t1e Cort o! )a8 A//eals and ;asi64dicial A*encies to t1e Cort o! A//eals
Section 1. Scope. This Rule shall apply to appeals fro! &ud"!ents or final orders of the Court of Tax #ppeals and fro! awards, &ud"!ents, final orders
or resolutions of or authori'ed by any 7uasi4&udicial a"ency in the exercise of its 7uasi4&udicial functions. #!on" these a"encies are the Civil ervice
Co!!ission, Central %oard of #ssess!ent #ppeals, ecurities and ,xchan"e Co!!ission, 2ffice of the 8resident, Eand Re"istration #uthority, ocial
ecurity Co!!ission, Civil #eronautics %oard, %ureau of 8atents, Trade!arks and Technolo"y Transfer, =ational ,lectrification #d!inistration, ,ner"y
Re"ulatory %oard, =ational Teleco!!unications Co!!ission, Cepart!ent of #"rarian Refor! under Republic #ct =o. ++09, ?overn!ent ervice *nsurance
yste!, ,!ployees Co!pensation Co!!ission, #"ricultural *nvention %oard, *nsurance Co!!ission, 8hilippine #to!ic ,ner"y Co!!ission, %oard of
*nvest!ents, Construction *ndustry #rbitration Co!!ission, and voluntary arbitrators authori'ed by law. (n)
Section 2. Cases not covered. This Rule shall not apply to &ud"!ents or final orders issued under the Eabor Code of the 8hilippines. (n)
Section 3. !here to appeal. #n appeal under this Rule !ay be taken to the Court of #ppeals within the period and in the !anner herein provided,
whether the appeal involves 7uestions of fact, of law, or !ixed 7uestions of fact and law. (n)
Section 4. "eriod of appeal. The appeal shall be taken within fifteen (10) days fro! notice of the award, &ud"!ent, final order or resolution, or fro! the
date of its last publication, if publication is re7uired by law for its effectivity, or of the denial of petitionerBs !otion for new trial or reconsideration duly filed in
accordance with the "overnin" law of the court or a"ency a 5uo. 2nly one (1) !otion for reconsideration shall be allowed. 5pon proper !otion and the
pay!ent of the full a!ount of the docket fee before the expiration of the re"le!entary period, the Court of #ppeals !ay "rant an additional period of fifteen
(10) days only within which to file the petition for review. =o further extension shall be "ranted except for the !ost co!pellin" reason and in no case to
exceed fifteen (10) days. (n)
Section 5. 2ow appeal ta'en. #ppeal shall be taken by filin" a verified petition for review in seven (9) le"ible copies with the Court of #ppeals, with proof
of service of a copy thereof on the adverse party and on the court or a"ency a 5uo. The ori"inal copy of the petition intended for the Court of #ppeals shall
be indicated as such by the petitioner.
5pon the filin" of the petition, the petitioner shall pay to the clerk of court of the Court of #ppeals the docketin" and other lawful fees and deposit the su! of
80<<.<< for costs. ,xe!ption fro! pay!ent of docketin" and other lawful fees and the deposit for costs !ay be "ranted by the Court of #ppeals upon a
verified !otion settin" forth valid "rounds therefor. *f the Court of #ppeals denies the !otion, the petitioner shall pay the docketin" and other lawful fees and
deposit for costs within fifteen (10) days fro! notice of the denial. (n)
Section 6. Contents of the petition. The petition for review shall (a) state the full na!es of the parties to the case, without i!pleadin" the court or
a"encies either as petitioners or respondents- (b) contain a concise state!ent of the facts and issues involved and the "rounds relied upon for the review-
(c) be acco!panied by a clearly le"ible duplicate ori"inal or a certified true copy of the award, &ud"!ent, final order or resolution appealed fro!, to"ether
with certified true copies of such !aterial portions of the record referred to therein and other supportin" papers- and (d) contain a sworn certification a"ainst
foru! shoppin" as provided in the last para"raph of section $, Rule ($. The petition shall state the specific !aterial dates showin" that it was filed within the
period fixed herein. ($a)
Section ". (ffect of failure to comply with re5uirements. The failure of the petitioner to co!ply with any of the fore"oin" re7uire!ents re"ardin" the
pay!ent of the docket and other lawful fees, the deposit for costs, proof of service of the petition, and the contents of and the docu!ents which should
acco!pany the petition shall be sufficient "round for the dis!issal thereof. (n)
Section #. &ction on the petition. The Court of #ppeals !ay re7uire the respondent to file a co!!ent on the petition not a !otion to dis!iss, within ten
(1<) days fro! notice, or dis!iss the petition if it finds the sa!e to be patently without !erit, prosecuted !anifestly for delay, or that the 7uestions raised
therein are too unsubstantial to re7uire consideration. (+a)
Section $. Contents of comment. The co!!ent shall be filed within ten (1<) days fro! notice in seven (9) le"ible copies and acco!panied by clearly
le"ible certified true copies of such !aterial portions of the record referred to therein to"ether with other supportin" papers. The co!!ent shall (a) point out
insufficiencies or inaccuracies in petitionerBs state!ent of facts and issues- and (b) state the reasons why the petition should be denied or dis!issed. # copy
thereof shall be served on the petitioner, and proof of such service shall be filed with the Court of #ppeals. (;a)
Section 1%. )ue course. *f upon the filin" of the co!!ent or such other pleadin"s or docu!ents as !ay be re7uired or allowed by the Court of #ppeals
or upon the expiration of the period for the filin" thereof, and on the records the Court of #ppeals finds prima facie that the court or a"ency concerned has
co!!itted errors of fact or law that would warrant reversal or !odification of the award, &ud"!ent, final order or resolution sou"ht to be reviewed, it !ay "ive
due course to the petition- otherwise, it shall dis!iss the sa!e. The findin"s of fact of the court or a"ency concerned, when supported by substantial
evidence, shall be bindin" on the Court of #ppeals. (n)
Section 11. Transmittal of record. /ithin fifteen (10) days fro! notice that the petition has been "iven due course, the Court of #ppeals !ay re7uire the
court or a"ency concerned to trans!it the ori"inal or a le"ible certified true copy of the entire record of the proceedin" under review. The record to be
trans!itted !ay be abrid"ed by a"ree!ent of all parties to the proceedin". The Court of #ppeals !ay re7uire or per!it subse7uent correction of or addition
to the record. (:a)
Section 12. (ffect of appeal. The appeal shall not stay the award, &ud"!ent, final order or resolution sou"ht to be reviewed unless the Court of #ppeals
shall direct otherwise upon such ter!s as it !ay dee! &ust. (1<a)
Section 13. Submission for decision. *f the petition is "iven due course, the Court of #ppeals !ay set the case for oral ar"u!ent or re7uire the parties to
sub!it !e!oranda within a period of fifteen (10) days fro! notice. The case shall be dee!ed sub!itted for decision upon the filin" of the last pleadin" or
!e!orandu! re7uired by these Rules or by the court of #ppeals. (n)

8rocedure in the Court of #ppeals
RULE 44
Ordinary A//ealed Cases
Section 1. Title of cases. *n all cases appealed to the Court of #ppeals under Rule (1, the title of the case shall re!ain as it was in the court of ori"in, but
the party appealin" the case shall be further referred to as the appellant and the adverse party as the appellee. (1a, R(+)
Section 2. Counsel and guardians. The counsel and "uardians ad litem of the parties in the court of ori"in shall be respectively considered as their
counsel and "uardians ad litem in the Court of #ppeals. /hen others appear or are appointed, notice thereof shall be served i!!ediately on the adverse
party and filed with the court. ($a, R(+)
Section 3. Order of transmittal of record. *f the ori"inal record or the record on appeal is not trans!itted to the Court of #ppeals within thirty ()<) days
after the perfection of the appeal, either party !ay file a !otion with the trial court, with notice to the other, for the trans!ittal of such record or record on
appeal. ()a, R(+)
Section 4. )oc'eting of case. 5pon receivin" the ori"inal record or the record on appeal and the acco!panyin" docu!ents and exhibits trans!itted by
the lower court, as well as the proof of pay!ent of the docket and other lawful fees, the clerk of court of the Court of #ppeals shall docket the case and notify
the parties thereof. ((a, R(+)
/ithin ten (1<) days fro! receipt of said notice, the appellant, in appeals by record on appeal, shall file with the clerk of court seven (9) clearly le"ible copies
of the approved record on appeal, to"ether with the proof of service of two ($) copies thereof upon the appellee.
#ny unauthori'ed alteration, o!ission or addition in the approved record on appeal shall be a "round for dis!issal of the appeal. (n)
Section 5. Completion of record. /here the record of the docketed case is inco!plete, the clerk of court of the Court of #ppeals shall so infor! said
court and reco!!end to it !easures necessary to co!plete the record. *t shall be the duty of said court to take appropriate action towards the co!pletion of
the record within the shortest possible ti!e. (n)
Section 6. )ispensing with complete record. /here the co!pletion of the record could not be acco!plished within a sufficient period allotted for said
purpose due to insuperable or extre!ely difficult causes, the court, on its own !otion or on !otion of any of the parties, !ay declare that the record and its
acco!panyin" transcripts and exhibits so far available are sufficient to decide the issues raised in the appeal, and shall issue an order explainin" the
reasons for such declaration. (n)
Section ". &ppellant:s brief. *t shall be the duty of the appellant to file with the court, within forty4five ((0) days fro! receipt of the notice of the clerk that
all the evidence, oral and docu!entary, are attached to the record, seven (9) copies of his le"ibly typewritten, !i!eo"raphed or printed brief, with proof of
service of two ($) copies thereof upon the appellee. (1<a, R(+)
Section #. &ppellee:s brief. /ithin forty4five ((0) days fro! receipt of the appellantBs brief, the appellee shall file with the court seven (9) copies of his
le"ibly typewritten, !i!eo"raphed or printed brief, with proof of service of two ($) copies thereof upon the appellant. (11a, R(+)
Section $. &ppellant:s reply brief. /ithin twenty ($<) days fro! receipt of the appelleeBs brief, the appellant !ay file a reply brief answerin" points in the
appelleeBs brief not covered in his !ain brief. (1$a, R(+)
Section 1%. Time of filing memoranda in special cases. *n certiorari, prohibition, !anda!us, 5uo warranto and habeas corpus cases, the parties shall file
in lieu of briefs, their respective !e!oranda within a non4extendible period of thirty ()<) days fro! receipt of the notice issued by the clerk that all the
evidence, oral and docu!entary, is already attached to the record. (1)a, R(+)
The failure of the appellant to file his !e!orandu! within the period therefor !ay be a "round for dis!issal of the appeal. (n)
Section 11. Several appellants or appellees or several counsel for each party. /here there are several appellants or appellees, each counsel
representin" one or !ore but not all of the! shall be served with only one copy of the briefs. /hen several counsel represent one appellant or appellee,
copies of the brief !ay be served upon any of the!. (1(a, R(+)
Section 12. (*tension of time for filing briefs. ,xtension of ti!e for the filin" of briefs will not be allowed, except for "ood and sufficient cause, and only if
the !otion for extension is filed before the expiration of the ti!e sou"ht to be extended. (10, R(+)
Section 13. Contents of appellant:s brief. The appellantBs brief shall contain, in the order herein indicated, the followin".
(a) # sub&ect index of the !atter in the brief with a di"est of the ar"u!ents and pa"e references, and a table of cases alphabetically arran"ed, textbooks and
statutes cited with references to the pa"es where they are cited-
(b) #n assi"n!ent of errors intended to be ur"ed, which errors shall be separately, distinctly and concisely stated without repetition and nu!bered
consecutively-
(c) 5nder the headin" 3tate!ent of the Case,3 a clear and concise state!ent of the nature of the action, a su!!ary of the proceedin"s, the appealed
rulin"s and orders of the court, the nature of the &ud"!ent and any other !atters necessary to an understandin" of the nature of the controversy with pa"e
references to the record-
(d) 5nder the headin" 3tate!ent of >acts,3 a clear and concise state!ent in a narrative for! of the facts ad!itted by both parties and of those in
controversy, to"ether with the substance of the proof relatin" thereto in sufficient detail to !ake it clearly intelli"ible, with pa"e references to the record-
(e) # clear and concise state!ent of the issues of fact or law to be sub!itted, to the court for its &ud"!ent-
(f) 5nder the headin" 3#r"u!ent,3 the appellantBs ar"u!ents on each assi"n!ent of error with pa"e references to the record. The authorities relied upon
shall be cited by the pa"e of the report at which the case be"ins and the pa"e of the report on which the citation is found-
(") 5nder the headin" 3Relief,3 a specification of the order or &ud"!ent which the appellant seeks- and
(h) *n cases not brou"ht up by record on appeal, the appellantBs brief shall contain, as an appendix, a copy of the &ud"!ent or final order appealed fro!.
(1+a, R(+)
Section 14. Contents of appellee:s brief. The appelleeBs brief shall contain, in the order herein indicated the followin".
(a) # sub&ect index of the !atter in the brief with a di"est of the ar"u!ents and pa"e references, and a table of cases alphabetically arran"ed, textbooks and
statutes cited with references to the pa"es where they are cited-
(b) 5nder the headin" 3tate!ent of >acts,3 the appellee shall state that he accepts the state!ent of facts in the appellantBs brief, or under the headin"
3Counter4tate!ent of >acts,3 he shall point out such insufficiencies or inaccuracies as he believes exist in the appellantBs state!ent of facts with references
to the pa"es of the record in support thereof, but without repetition of !atters in the appellantBs state!ent of facts- and
(c) 5nder the headin" 3#r"u!ent,3 the appellee shall set forth his ar"u!ents in the case on each assi"n!ent of error with pa"e references to the record.
The authorities relied on shall be cited by the pa"e of the report at which the case be"ins and the pa"e of the report on which the citation is found. (19a,
R(+)
Section 15. 7uestions that may be raised on appeal. /hether or not the appellant has filed a !otion for new trial in the court below he !ay include in his
assi"n!ent of errors any 7uestion of law or fact that has been raised in the court below and which is within the issues fra!ed by the parties. (1:, R(+)
RULE 45
A//eal 7y Certiorari to t1e S/re'e Cort
Section 1. 3iling of petition with Supreme Court. # party desirin" to appeal by certiorari fro! a &ud"!ent or final order or resolution of the Court of
#ppeals, the andi"anbayan, the Re"ional Trial Court or other courts whenever authori'ed by law, !ay file with the upre!e Court a verified petition for
review on certiorari. The petition shall raise only 7uestions of law which !ust be distinctly set forth. (1a, $a)
Section 2. Time for filing- e*tension. The petition shall be filed within fifteen (10) days fro! notice of the &ud"!ent or final order or resolution appealed
fro!, or of the denial of the petitionerBs !otion for new trial or reconsideration filed in due ti!e after notice of the &ud"!ent. 2n !otion duly filed and served,
with full pay!ent of the docket and other lawful fees and the deposit for costs before the expiration of the re"le!entary period, the upre!e Court !ay for
&ustifiable reasons "rant an extension of thirty ()<) days only within which to file the petition. (1a, 0a)
Section 3. )oc'et and other lawful fees- proof of service of petition. 5nless he has theretofore done so, the petitioner shall pay the correspondin" docket
and other lawful fees to the clerk of court of the upre!e Court and deposit the a!ount of 80<<.<< for costs at the ti!e of the filin" of the petition. 8roof of
service of a copy, thereof on the lower court concerned and on the adverse party shall be sub!itted to"ether with the petition. (1a)
Section 4. Contents of petition. The petition shall be filed in ei"hteen (1:) copies, with the ori"inal copy intended for the court bein" indicated as such by
the petitioner and shall (a) state the full na!e of the appealin" party as the petitioner and the adverse party as respondent, without i!pleadin" the lower
courts or &ud"es thereof either as petitioners or respondents- (b) indicate the !aterial dates showin" when notice of the &ud"!ent or final order or resolution
sub&ect thereof was received, when a !otion for new trial or reconsideration, if any, was filed and when notice of the denial thereof was received- (c) set
forth concisely a state!ent of the !atters involved, and the reasons or ar"u!ents relied on for the allowance of the petition- (d) be acco!panied by a clearly
le"ible duplicate ori"inal, or a certified true copy of the &ud"!ent or final order or resolution certified by the clerk of court of the court a 5uo and the re7uisite
nu!ber of plain copies thereof, and such !aterial portions of the record as would support the petition- and (e) contain a sworn certification a"ainst foru!
shoppin" as provided in the last para"raph of section $, Rule ($. ($a)
Section 5. )ismissal or denial of petition. The failure of the petitioner to co!ply with any of the fore"oin" re7uire!ents re"ardin" the pay!ent of the
docket and other lawful fees, deposit for costs, proof of service of the petition, and the contents of and the docu!ents which should acco!pany the petition
shall be sufficient "round for the dis!issal thereof.
The upre!e Court !ay on its own initiative deny the petition on the "round that the appeal is without !erit, or is prosecuted !anifestly for delay, or that the
7uestions raised therein are too unsubstantial to re7uire consideration. ()a)
Section 6. Review discretionary. # review is not a !atter of ri"ht, but of sound &udicial discretion, and will be "ranted only when there are special and
i!portant reasons thereof. The followin", while neither controllin" nor fully !easurin" the courtBs discretion, indicate the character of the reasons which will
be considered.
(a) /hen the court a 5uo has decided a 7uestion of substance, not theretofore deter!ined by the upre!e Court, or has decided it in a way probably not in
accord with law or with the applicable decisions of the upre!e Court- or
(b) /hen the court a 5uo has so far departed fro! the accepted and usual course of &udicial proceedin"s, or so far sanctioned such departure by a lower
court, as to call for an exercise of the power of supervision. ((a)
Section ". "leadings and documents that may be re5uired- sanctions. >or purposes of deter!inin" whether the petition should be dis!issed or denied
pursuant to section 0 of this Rule, or where the petition is "iven due course under section : hereof, the upre!e Court !ay re7uire or allow the filin" of such
pleadin"s, briefs, !e!oranda or docu!ents as it !ay dee! necessary within such periods and under such conditions as it !ay consider appropriate, and
i!pose the correspondin" sanctions in case of non4filin" or unauthori'ed filin" of such pleadin"s and docu!ents or non4co!pliance with the conditions
therefor. (n)
Section #. )ue course- elevation of records. *f the petition is "iven due course, the upre!e Court !ay re7uire the elevation of the co!plete record of
the case or specified parts thereof within fifteen (10) days fro! notice. ($a)
Section $. Rule applicable to both civil and criminal cases. The !ode of appeal prescribed in this Rule shall be applicable to both civil and cri!inal
cases, except in cri!inal cases where the penalty i!posed is death, reclusion perpetua or life i!prison!ent. (n)
RULE 46
Ori*inal Cases
Section 1. Title of cases. *n all cases ori"inally filed in the Court of #ppeals, the party institutin" the action shall be called the petitioner and the opposin"
party the respondent. (1a)
Section 2. To what actions applicable. This Rule shall apply to ori"inal actions for certiorari, prohibition, !anda!us and 5uo warranto.
,xcept as otherwise provided, the actions for annul!ent of &ud"!ent shall be "overned by Rule (9, for certiorari, prohibition and !anda!us by Rule +0, and
for 5uo warranto by Rule ++. (n)
Section 3. Contents and filing of petition- effect of noncompliance with re5uirements. The petition shall contain the full na!es and actual addresses of all
the petitioners and respondents, a concise state!ent of the !atters involved, the factual back"round of the case, and the "rounds relied upon for the relief
prayed for.
*n actions filed under Rule +0, the petition shall further indicate the !aterial dates showin" when notice of the &ud"!ent or final order or resolution sub&ect
thereof was received, when a !otion for new trial or reconsideration, if any, was filed and when notice of the denial thereof was received.
*t shall be filed in seven (9) clearly le"ible copies to"ether with proof of service thereof on the respondent with the ori"inal copy intended for the court
indicated as such by the petitioner, and shall be acco!panied by a clearly le"ible duplicate ori"inal or certified true copy of the &ud"!ent, order, resolution,
or rulin" sub&ect thereof, such !aterial portions of the record as are referred to therein, and other docu!ents relevant or pertinent thereto. The certification
shall be acco!plished by the proper clerk of court or by his duly authori'ed representative, or by the proper officer of the court, tribunal, a"ency or office
involved or by his duly authori'ed representative. The other re7uisite nu!ber of copies of the petition shall be acco!panied by clearly le"ible plain copies of
all docu!ents attached to the ori"inal.
The petitioner shall also sub!it to"ether with the petition a sworn certification that he has not theretofore co!!enced any other action involvin" the sa!e
issues in the upre!e Court, the Court of #ppeals or different divisions thereof, or any other tribunal or a"ency- if there is such other action or proceedin",
he !ust state the status of the sa!e- and if he should thereafter learn that a si!ilar action or proceedin" has been filed or is pendin" before the upre!e
Court, the Court of #ppeals, or different divisions thereof, or any other tribunal or a"ency, he undertakes to pro!ptly infor! the aforesaid courts and other
tribunal or a"ency thereof within five (0) days therefro!.
The petitioner shall pay the correspondin" docket and other lawful fees to the clerk of court and deposit the a!ount of 80<<.<< for costs at the ti!e of the
filin" of the petition.
The failure of the petitioner to co!ply any of the re7uire!ents shall be sufficient "round for the dis!issal of the petition. (n- %ar 1atter =o. :<), $1 Duly
1;;:)
Section 4. Jurisdiction over person of respondent, how ac5uired. The court shall ac7uire &urisdiction over the person of the respondent by the service on
hi! of its order or resolution indicatin" its initial action on the petition or by his voluntary sub!ission to such &urisdiction. (n)
Section 5. &ction by the court. The court !ay dis!iss the petition outri"ht with specific reasons for such dis!issal or re7uire the respondent to file a
co!!ent on the sa!e within ten (1<) days fro! notice. 2nly pleadin"s re7uired by the court shall be allowed. #ll other pleadin"s and papers, !ay be filed
only with leave of court. (n)
Section 6. )etermination of factual issues. /henever necessary to resolve factual issues, the court itself !ay conduct hearin"s thereon or dele"ate the
reception of the evidence on such issue to any of its !e!bers or to an appropriate court, a"ency or office. (n)
Section ". (ffect of failure to file comment. /hen no co!!ent is filed by any of the respondents, the case !ay be decided on the basis of the record,
without pre&udice to any disciplinary action which the court !ay take a"ainst the disobedient party. (n)
RULE 4"
Annl'ent o! 4d*'ents o! .inal Orders and Resoltions
Section 1. Coverage. This Rule shall "overn the annul!ent by the Court of #ppeals of &ud"!ents or final orders and resolutions in civil actions of
Re"ional Trial Courts for which the ordinary re!edies of new trial, appeal, petition for relief or other appropriate re!edies are no lon"er available throu"h no
fault of the petitioner. (n)
Section 2. +rounds for annulment. The annul!ent !ay be based only on the "rounds of extrinsic fraud and lack of &urisdiction.
,xtrinsic fraud shall not be a valid "round if it was availed of, or could have been availed of, in a !otion for new trial or petition for relief. (n)
Section 3. "eriod for filing action. *f based on extrinsic fraud, the action !ust be filed within four (() years fro! its discovery- and if based on lack of
&urisdiction, before it is barred by laches or estoppel. (n)
Section 4. 3iling and contents of petition. The action shall be co!!enced by filin" a verified petition alle"in" therein with particularity the facts and the
law relied upon for annul!ent, as well as those supportin" the petitionerBs "ood and substantial cause of action or defense, as the case !ay be.
The petition shall be filed in seven (9) clearly le"ible copies, to"ether with sufficient copies correspondin" to the nu!ber of respondents. # certified true copy
of the &ud"!ent or final order or resolution shall be attached to the ori"inal copy of the petition intended for the court and indicated as such by the petitioner.
The petitioner shall also sub!it to"ether with the petition affidavits of witnesses or docu!ents supportin" the cause of action or defense and a sworn
certification that he has not theretofore co!!enced any other action involvin" the sa!e issues in the upre!e Court, the Court of #ppeals or different
divisions thereof, or any other tribunal or a"ency if there is such other action or proceedin", he !ust state the status of the sa!e, and if he should thereafter
learn that a si!ilar action or proceedin" has been filed or is pendin" before the upre!e Court, the Court of #ppeals, or different divisions thereof, or any
other tribunal or a"ency, he undertakes to pro!ptly infor! the aforesaid courts and other tribunal or a"ency thereof within five (0) days therefro!. (n)
Section 5. &ction by the court. hould the court find no substantial !erit in the petition, the sa!e !ay be dis!issed outri"ht with specific reasons for
such dis!issal.
hould prima facie !erit be found in the petition, the sa!e shall be "iven due course and su!!ons shall be served on the respondent. (n)
Section 6. "rocedure. The procedure in ordinary civil cases shall be observed. hould trial be necessary, the reception of the evidence !ay be referred
to a !e!ber of the court or a &ud"e of a Re"ional Trial Court. (n)
Section ". (ffect of udgment. # &ud"!ent of annul!ent shall set aside the 7uestioned &ud"!ent or final order or resolution and render the sa!e null and
void, without pre&udice to the ori"inal action bein" refiled in the proper court. 6owever, where the &ud"!ent or final order or resolution is set aside on the
"round of extrinsic fraud, the court !ay on !otion order the trial court to try the case as if a ti!ely !otion for new trial had been "ranted therein. (n)
Section #. Suspension prescriptive period. The prescriptive period for the refilin" of the aforesaid ori"inal action shall be dee!ed suspended fro! the
filin" of such ori"inal action until the finality of the &ud"!ent of annul!ent. 6owever, the prescriptive period shall not be suspended where the extrinsic4fraud
is attributable to the plaintiff in the ori"inal action. (n)
Section $. Relief available. The &ud"!ent of annul!ent !ay include the award of da!a"es, attorneyBs fees and other relief.
*f the 7uestioned &ud"!ent or final order or resolution had already been executed the court !ay issue such orders of restitution or other relief as &ustice and
e7uity !ay warrant under the circu!stances. (n)
Section 1%. &nnulment of udgments or final orders of Municipal Trial Courts. #n action to annul a &ud"!ent or final order of a 1unicipal Trial Court shall
be filed in the Re"ional Trial Court havin" &urisdiction over the for!er. *t shall be treated as an ordinary civil action and sections $, ), (, 9, : and ; of this
Rule shall be applicable thereto. (n)
RULE 4#
Preli'inary Con!erence
Section 1. "reliminary conference. #t any ti!e durin" the pendency of a case, the court !ay call the parties and their counsel to a preli!inary
conference.
(a) To consider the possibility of an a!icable settle!ent, except when the case is not allowed by law to be co!pro!ised
(b) To define, si!plify and clarify the issues for deter!ination-
(c) To for!ulate stipulations of facts and ad!issions of docu!entary exhibits, li!it the nu!ber of witnesses to be presented in cases fallin" within the
ori"inal &urisdiction of the court, or those within its appellate &urisdiction where a !otion for new trial is "ranted on the "round of newly discovered evidence-
and
(d) To take up such other !atters which !ay aid the court in the pro!pt disposition of the case. (Rule 9, C# *nternal Rules) (n)
Section 2. Record of the conference. The proceedin"s at such conference shall be recorded and, upon the conclusion thereof, a resolution shall be
issued e!bodyin" all the actions taken therein, the stipulations and ad!issions !ade and the issues defined. (n)
Section 3. 1inding effect of the results of the conference. ub&ect to such !odifications which !ay be !ade to prevent !anifest in&ustice, the resolution
in the precedin" section shall control the subse7uent proceedin"s in the case unless, within five (0) days fro! notice thereof, any party shall satisfactorily
show valid cause why the sa!e should not be followed. (n)
RULE 4$
Oral Ar*'ent
Section 1. !hen allowed. #t its own instance or upon !otion of a party, the court !ay hear the parties in oral ar"u!ent on the !erits of a case, or on
any !aterial incident in connection therewith. (n)
The oral ar"u!ent shall be li!ited to such !atters as the court !ay specify in its order or resolution. (1a, R(:)
Section 2. Conduct of oral argument. 5nless authori'ed by the court, only one counsel !ay ar"ue for a party. The duration allowed for each party, the
se7uence of the ar"u!entation, and all other related !atters shall be as directed by the court. (n)
Section 3. #o hearing or oral argument for motions. 1otions shall not be set for hearin" and, unless the court otherwise directs, no hearin" or oral
ar"u!ent shall be allowed in support thereof. The adverse party !ay file ob&ections to the !otion within five (0) days fro! service, upon the expiration of
which such !otion shall be dee!ed sub!itted for resolution. ($;, R(;)
RULE 5%
5is'issal o! A//eal
Section 1. +rounds for dismissal of appeal. #n appeal !ay be dis!issed by the Court of #ppeals, on its own !otion or on that of the appellee, on the
followin" "rounds.
(a) >ailure of the record on appeal to show on its face that the appeal was taken within the period fixed by these Rules-
(b) >ailure to file the notice of appeal or the record on appeal within the period prescribed by these Rules-
(c) >ailure of the appellant to pay the docket and other lawful fees as provided in section 0, Rule (< and section ( of Rule (1- (%ar 1atter =o. :<), 19
>ebruary 1;;:)
(d) 5nauthori'ed alterations, o!issions or additions in the approved record on appeal as provided in section ( of Rule ((-
(e) >ailure of the appellant to serve and file the re7uired nu!ber of copies of his brief or !e!orandu! within the ti!e provided by these Rules-
(f) #bsence of specific assi"n!ent of errors in the appellantBs brief, or of pa"e references to the record as re7uired in section 1), para"raphs (a), (c), (d) and
(f) of Rule ((-
(") >ailure of the appellant to take the necessary steps for the correction or co!pletion of the record within the ti!e li!ited by the court in its order-
(h) >ailure of the appellant to appear at the preli!inary conference under Rule (: or to co!ply with orders, circulars, or directives of the court without
&ustifiable cause- and
(i) The fact that the order or &ud"!ent appealed fro! is not appealable. (1a)
Section 2. )ismissal of improper appeal to the Court of &ppeals. #n appeal under Rule (1 taken fro! the Re"ional Trial Court to the Court of #ppeals
raisin" only 7uestions of law shall be dis!issed, issues purely of law not bein" reviewable by said court. i!ilarly, an appeal by notice of appeal instead of
by petition for review fro! the appellate &ud"!ent of a Re"ional Trial Court shall be dis!issed. (n)
#n appeal erroneously taken to the Court of #ppeals shall not be transferred to the appropriate court but shall be dis!issed outri"ht. ()a)
Section 3. !ithdrawal of appeal. #n appeal !ay be withdrawn as of ri"ht at any ti!e before the filin" of the appelleeBs brief. Thereafter, the withdrawal
!ay be allowed in the discretion of the court. ((a)
RULE 51
4d*'ent
Section 1. !hen case deemed submitted for udgment. # case shall be dee!ed sub!itted for &ud"!ent.
#. *n ordinary appeals.
1) /here no hearin" on the !erits of the !ain case is held, upon the filin" of the last pleadin", brief, or !e!orandu! re7uired by the Rules or by the court
itself, or the expiration of the period for its filin".
$) /here such a hearin" is held, upon its ter!ination or upon the filin" of the last pleadin" or !e!orandu! as !ay be re7uired or per!itted to be filed by
the court, or the expiration of the period for its filin".
%. *n ori"inal actions and petitions for review.
1) /here no co!!ent is filed, upon the expiration of the period to co!!ent.
$) /here no hearin" is held, upon the filin" of the last pleadin" re7uired or per!itted to be filed by the court, or the expiration of the period for its filin".
)) /here a hearin" on the !erits of the !ain case is held, upon its ter!ination or upon the filin" of the last pleadin" or !e!orandu! as !ay be re7uired or
per!itted to be filed by the court, or the expiration of the period for its filin". (n)
Section 2. 1y whom rendered. The &ud"!ent shall be rendered by the !e!bers of the court who participated in the deliberation on the !erits of the case
before its assi"n!ent to a !e!ber for the writin" of the decision. (n)
Section 3. 7uorum and voting in the court. The participation of all three Dustices of a division shall be necessary at the deliberation and the unani!ous
vote of the three Dustices shall be re7uired for the pronounce!ent of a &ud"!ent or final resolution. *f the three &ustices do not reach a unani!ous vote, the
clerk shall enter the votes of the dissentin" Dustices in the record. Thereafter, the Chair!an of the division shall refer the case, to"ether with the !inutes of
the deliberation, to the 8residin" Dustice who shall desi"nate two Dustices chosen by raffle fro! a!on" all the other !e!bers of the court to sit te!porarily
with the!, for!in" a special division of five Dustices. The participation of all the five !e!bers of the special division shall be necessary for the deliberation
re7uired in section $ of this Rule and the concurrence of a !a&ority of such division shall be re7uired for the pronounce!ent of a &ud"!ent or final resolution.
($a)
Section 4. )isposition of a case. The Court of #ppeals, in the exercise of its appellate &urisdiction, !ay affir!, reverse, or !odify the &ud"!ent or final
order appealed fro!, and !ay direct a new trial or further proceedin"s to be had. ()a)
Section 5. 3orm of decision. ,very decision or final resolution of the court in appealed cases shall clearly and distinctly state the findin"s of fact and the
conclusions of law on which it is based, which !ay be contained in the decision or final resolution itself, or adopted fro! those set forth in the decision,
order, or resolution appealed fro!. (ec. (<, %8 %l". 1$;) (n)
Section 6. 2armless error. =o error in either the ad!ission or the exclusion of evidence and no error or defect in any rulin" or order or in anythin" done
or o!itted by the trial court or by any of the parties is "round for "rantin" a new trial or for settin" aside, !odifyin", or otherwise disturbin" a &ud"!ent or
order, unless refusal to take such action appears to the court inconsistent with substantial &ustice. The court at every sta"e of the proceedin" !ust disre"ard
any error or defect which does not affect the substantial ri"hts of the parties. (0a)
Section ". Judgment where there are several parties. *n all actions or proceedin"s, an appealed &ud"!ent !ay be affir!ed as to so!e of the appellants,
and reversed as to others, and the case shall thereafter be proceeded with, so far as necessary, as if separate actions had been be"un and prosecuted, and
execution of the &ud"!ent of affir!ance !ay be had accordin"ly, and costs !ay be ad&ud"ed in such cases, as the court shall dee! proper. (+)
Section #. 7uestions that may be decided. =o error which does not affect the &urisdiction over the sub&ect !atter or the validity of the &ud"!ent appealed
fro! or the proceedin"s therein will be considered unless stated in the assi"n!ent of errors, or closely related to or dependent on an assi"ned error and
properly ar"ued in the brief, save as the court !ay pass upon plain errors and clerical errors. (9a)
Section $. "romulgation and notice of udgment. #fter the &ud"!ent or final resolution and dissentin" or separate opinions, if any, are si"ned by the
Dustices takin" part, they shall be delivered for filin" to the clerk who shall indicate thereon the date of pro!ul"ation and cause true copies thereof to be
served upon the parties or their counsel. (n)
Section 1%. (ntry of udgments and final resolutions. *f no appeal or !otion for new trial or reconsideration is filed within the ti!e provided in these Rules,
the &ud"!ent or final resolution shall forthwith be entered by the clerk in the book of entries of &ud"!ents. The date when the &ud"!ent or final resolution
beco!es executory shall be dee!ed as the date of its entry. The record shall contain the dispositive part of the &ud"!ent or final resolution and shall be
si"ned by the clerk, with a certificate that such &ud"!ent or final resolution has beco!e final and executory. ($a, R)+)
Section 11. (*ecution of udgment. ,xcept where the &ud"!ent or final order or resolution, or a portion thereof, is ordered to be i!!ediately executory,
the !otion for its execution !ay only be filed in the proper court after its entry.
*n ori"inal actions in the Court of #ppeals, its writ of execution shall be acco!panied by a certified true copy of the entry of &ud"!ent or final resolution and
addressed to any appropriate officer for its enforce!ent.
*n appealed cases, where the !otion for execution pendin" appeal is filed in the Court of #ppeals at a ti!e that it is in possession of the ori"inal record or
the record on appeal, the resolution "rantin" such !otion shall be trans!itted to the lower court fro! which the case ori"inated, to"ether with a certified true
copy of the &ud"!ent or final order to be executed, with a directive for such court of ori"in to issue the proper writ for its enforce!ent. (n)
RULE 52
,otion !or Reconsideration
Section 1. "eriod for filing. # party !ay file a !otion for reconsideration of a &ud"!ent or final resolution within fifteen (10) days fro! notice thereof, with
proof of service on the adverse party. (n)
Section 2. Second motion for reconsideration. =o second !otion for reconsideration of a &ud"!ent or final resolution by the sa!e party shall be
entertained. (n)
Section 3. Resolution of motion. *n the Court of #ppeals, a !otion for reconsideration shall be resolved within ninety (;<) days fro! the date when the
court declares it sub!itted for resolution. (n)
Section 4. Stay of e*ecution. The pendency of a !otion for reconsideration filed on ti!e and by the proper party shall stay the execution of the &ud"!ent
or final resolution sou"ht to be reconsidered unless the court, for "ood reasons, shall otherwise direct. (n)
RULE 53
:e9 )rial
Section 1. "eriod for filing- ground. #t any ti!e after the appeal fro! the lower court has been perfected and before the Court of #ppeals loses
&urisdiction over the case, a party !ay file a !otion for a new trial on the "round of newly discovered evidence which could not have been discovered prior to
the trial in the court below by the exercise of due dili"ence and which is of such a character as would probably chan"e the result. The !otion shall be
acco!panied by affidavits showin" the facts constitutin" the "rounds therefor and the newly discovered evidence. (1a)
Section 2. 2earing and order. The Court of #ppeals shall consider the new evidence to"ether with that adduced at the trial below, and !ay "rant or
refuse a new trial, or !ay !ake such order, with notice to both parties, as to the takin" of further testi!ony, either orally in court, or by depositions, or render
such other &ud"!ent as ou"ht to be rendered upon such ter!s as it !ay dee! &ust. ($a)
Section 3. Resolution of motion. *n the Court of #ppeals, a !otion for new trial shall be resolved within ninety (;<) days fro! the date when the court
declares it sub!itted for resolution. (n)
Section 4. "rocedure in new trial. 5nless the court otherwise directs, the procedure in the new trial shall be the sa!e as that "ranted by a Re"ional Trial
Court. ()a)
RULE 54
(nternal 2siness
Section 1. )istribution of cases among divisions. #ll the cases of the Court of #ppeals shall be allotted a!on" the different divisions thereof for hearin"
and decision. The Court of #ppeals, sittin" en banc, shall !ake proper orders or rules to "overn the allot!ent of cases a!on" the different divisions, the
constitution of such divisions, the re"ular rotation of Dustices a!on" the!, the filin" of vacancies occurrin" therein, and other !atters relatin" to the
business of the court- and such rules shall continue in force until repealed or altered by the upre!e Court. (1a)
Section 2. 7uorum of the court. # !a&ority of the actual !e!bers of the court shall constitute a 5uorum for its sessions en banc. Three !e!bers shall
constitute a 5uorum for the sessions of a division. The affir!ative votes of the !a&ority of the !e!bers present shall be necessary to pass a resolution of the
court en banc. The affir!ative votes of three !e!bers of a division shall be necessary for the pronounce!ent of a &ud"!ent or final resolution, which shall
be reached in consultation before the writin" of the opinion by any !e!ber of the division. (ec. 11, first par. of %8 %l". 1$;, as a!ended by ec. + of ,2
))). ()a)
RULE 55
P7lications o! 4d*'ents and .inal Resoltions
Section 1. "ublication. The &ud"!ents and final resolutions of the court shall be published in the 2fficial ?a'ette and in the Reports officially authori'ed
by the court in the lan"ua"e in which they have been ori"inally written, to"ether with the syllabi therefor prepared by the reporter in consultation with the
writers thereof. 1e!oranda of all other &ud"!ents and final resolutions not so published shall be !ade by the reporter and published in the 2fficial ?a'ette
and the authori'ed reports. (1a)
Section 2. "reparation of opinions for publication. The reporter shall prepare and publish with each reported &ud"!ent and final resolution a concise
synopsis of the facts necessary for a clear understandin" of the case, the na!es of counsel, the !aterial and controverted points involved, the authorities
cited therein, and a syllabus which shall be confined to points of law. (ec. $$a, R.#. =o. $;+) (n)
Section 3. +eneral ma'e$up of volumes. The published decisions and final resolutions of the upre!e Court shall be called 38hilippine Reports,3 while
those of the Court of #ppeals shall be known as the 3Court of #ppeals Reports.3 ,ach volu!e thereof shall contain a table of the cases reported and the
cases cited in the opinions, with a co!plete alphabetical index of the sub&ect !atters of the volu!e. *t shall consist of not less than seven hundred pa"es
printed upon "ood paper, well bound and nu!bered consecutively in the order of the volu!es published. (ec. $)a, R.#. =o. $;+) (n)

Procedre (n )1e S/re'e Cort
RULE 56
A. Ori*inal Cases
Section 1. Original cases cogni4able. 2nly petitions for certiorari, prohibition, mandamus, 5uo warranto, habeas corpus, disciplinary proceedin"s a"ainst
!e!bers of the &udiciary and attorneys, and cases affectin" a!bassadors, other public !inisters and consuls !ay be filed ori"inally in the upre!e Court.
(n)
Section 2. Rules applicable. The procedure in ori"inal cases for certiorari, prohibition, mandamus, 5uo warranto and habeas corpus shall be in
accordance with the applicable provisions of the Constitution, laws, and Rules (+, (:, (;, 01, 0$ and this Rule, sub&ect to the followin" provisions.
a) #ll references in said Rules to the Court of #ppeals shall be understood to also apply to the upre!e Court-
b) The portions of said Rules dealin" strictly with and specifically intended for appealed cases in the Court of #ppeals shall not be applicable- and
c) ,i"hteen (1:) clearly le"ible copies of the petition shall be filed, to"ether with proof of service on all adverse parties.
The proceedin"s for disciplinary action a"ainst !e!bers of the &udiciary shall be "overned by the laws and Rules prescribed therefor, and those a"ainst
attorneys by Rules 1);4%, as a!ended. (n)
2. A//ealed Cases
Section 3. Mode of appeal. #n appeal to the upre!e Court !ay be taken only by a petition for review on certiorari, except in cri!inal cases where the
penalty i!posed is death, reclusion perpetua or life i!prison!ent. (n)
Section 4. "rocedure. The appeal shall be "overned by and disposed of in accordance with the applicable provisions of the Constitution, laws, Rules (0,
(:, sections 1, $, and 0 to 11 of Rule 01, 0$ and this Rule. (n)
Section 5. +rounds for dismissal of appeal. The appeal !ay be dis!issed motu proprio or on !otion of the respondent on the followin" "rounds.
(a) >ailure to take the appeal within the re"le!entary period-
(b) Eack of !erit in the petition-
(c) >ailure to pay the re7uisite docket fee and other lawful fees or to !ake a deposit for costs-
(d) >ailure to co!ply with the re7uire!ents re"ardin" proof of service and contents of and the docu!ents which should acco!pany the petition-
(e) >ailure to co!ply with any circular, directive or order of the upre!e Court without &ustifiable cause-
(f) ,rror in the choice or !ode of appeal- and
(") The fact that the case is not appealable to the upre!e Court. (n)
Section 6. )isposition of improper appeal. ,xcept as provided in section ), Rule 1$$ re"ardin" appeals in cri!inal cases where the penalty i!posed is
death, reclusion perpetua or life i!prison!ent, an appeal taken to the upre!e Court by notice of appeal shall be dis!issed.
#n appeal by certiorari taken to the upre!e Court fro! the Re"ional Trial Court sub!ittin" issues of fact !ay be referred to the Court of #ppeals for
decision or appropriate action. The deter!ination of the upre!e Court on whether or not issues of fact are involved shall be final. (n)
Section ". "rocedure if opinion is e5ually divided. /here the court en banc is e7ually divided in opinion, or the necessary !a&ority cannot be had, the
case shall a"ain be deliberated on, and if after such deliberation no decision is reached, the ori"inal action co!!enced in the court shall be dis!issed, in
appealed cases, the &ud"!ent or order appealed fro! shall stand affir!ed- and on all incidental !atters, the petition or !otion shall be denied.
Provisional Re'edies
RULE 5"
Preli'inary Attac1'ent
Section 1. +rounds upon which attachment may issue. #t the co!!ence!ent of the action or at any ti!e before entry of &ud"!ent, a plaintiff or any
proper party !ay have the property of the adverse party attached as security for the satisfaction of any &ud"!ent that !ay be recovered in the followin"
cases.
(a) *n an action for the recovery of a specified a!ount of !oney or da!a"es, other than !oral and exe!plary, on a cause of action arisin" fro! law,
contract, 7uasi4contract, delict or 7uasi4delict a"ainst a party who is about to depart fro! the 8hilippines with intent to defraud his creditors-
(b) *n an action for !oney or property e!be''led or fraudulently !isapplied or converted to his own use by a public officer, or an officer of a corporation, or
an attorney, factor, broker, a"ent, or clerk, in the course of his e!ploy!ent as such, or by any other person in a fiduciary capacity, or for a willful violation of
duty-
(c) *n an action to recover the possession of property un&ustly or fraudulently taken, detained or converted, when the property, or any part thereof, has been
concealed, re!oved, or disposed of to prevent its bein" found or taken by the applicant or an authori'ed person-
(d) *n an action a"ainst a party who has been "uilty of a fraud in contractin" the debt or incurrin" the obli"ation upon which the action is brou"ht, or in the
perfor!ance thereof-
(e) *n an action a"ainst a party who has re!oved or disposed of his property, or is about to do so, with intent to defraud his creditors- or
(f) *n an action a"ainst a party who does not reside and is not found in the 8hilippines, or on who! su!!ons !ay be served by publication. (1a)
Section 2. Issuance and contents of order. #n order of attach!ent !ay be issued either e* parte or upon !otion with notice and hearin" by the court in
which the action is pendin", or by the Court of #ppeals or the upre!e Court, and !ust re7uire the sheriff of the court to attach so !uch of the property in
the 8hilippines of the party a"ainst who! it is issued, not exe!pt fro! execution, as !ay be sufficient to satisfy the applicantBs de!and, unless such party
!akes deposit or "ives a bond as hereinafter provided in an a!ount e7ual to that fixed in the order, which !ay be the a!ount sufficient to satisfy the
applicantBs de!and or the value of the property to be attached as stated by the applicant, exclusive of costs. everal writs !ay be issued at the sa!e ti!e
to the sheriffs of the courts of different &udicial re"ions. ($a)
Section 3. &ffidavit and bond re5uired. #n order of attach!ent shall be "ranted only when it appears by the affidavit of the applicant, or of so!e other
person who personally knows the facts, that a sufficient cause of action exists, that the case is one of those !entioned in section 1 hereof, that there is no
other sufficient security for the clai! sou"ht to be enforced by the action, and that the a!ount due to the applicant, or the value of the property the
possession of which he is entitled to recover, is as !uch as the su! for which the order is "ranted above all le"al counterclai!s. The affidavit, and the bond
re7uired by the next succeedin" section, !ust be duly filed with the court before the order issues. ()a)
Section 4. Condition of applicant:s bond. The party applyin" for the order !ust thereafter "ive a bond executed to the adverse party in the a!ount fixed
by the court in its order "rantin" the issuance of the writ, conditioned that the latter will pay all the costs which !ay be ad&ud"ed to the adverse party and all
da!a"es which he !ay sustain by reason of the attach!ent, if the court shall finally ad&ud"e that the applicant was not entitled thereto. ((a)
Section 5. Manner of attaching property. The sheriff enforcin" the writ shall without delay and with all reasonable dili"ence attach, to await &ud"!ent and
execution in the action, only so !uch of the property in the 8hilippines of the party a"ainst who! the writ is issued, not exe!pt fro! execution, as !ay be
sufficient to satisfy the applicantBs de!and, unless the for!er !akes a deposit with the court fro! which the writ is issued, or "ives a counter4bond executed
to the applicant, in an a!ount e7ual to the bond fixed by the court in the order of attach!ent or to the value of the property to be attached, exclusive of
costs. =o levy on attach!ent pursuant to the writ issued under section $ hereof shall be enforced unless it is preceded, or conte!poraneously
acco!panied, by service of su!!ons, to"ether with a copy of the co!plaint, the application for attach!ent the applicantBs affidavit and bond, and the order
and writ of attach!ent, on the defendant within the 8hilippines.
The re7uire!ent of prior or conte!poraneous service of su!!ons shall not apply where the su!!ons could not be served personally or by substituted
service despite dili"ent efforts, or the defendant is a resident of the 8hilippines te!porarily absent therefro!, or the defendant is a non4resident of the
8hilippines, or the action is one in rem or 5uasi in rem. (0a)
Section 6. Sheriff:s return. #fter enforcin" the writ, the sheriff !ust likewise without delay !ake a return thereon to the court fro! which the writ issued,
with a full state!ent of his proceedin"s under the writ and a co!plete inventory of the property attached, to"ether with any counter4bond "iven by the party
a"ainst who! attach!ent is issued, and serve copies thereof on the applicant. (+a)
Section ". &ttachment of real and personal property- recording thereof. Real and personal property shall be attached by the sheriff executin" the writ in
the followin" !anner.
(a) Real property, or "rowin" crops thereon, or any interest therein, standin" upon the record of the re"istry of deeds of the province in the na!e of the party
a"ainst who! attach!ent is issued, or not appearin" at all upon such records, or belon"in" to the party a"ainst who! attach!ent is issued and held by any
other person, or standin" on the records of the re"istry of deeds in the na!e of any other person, by filin" with the re"istry of deeds a copy of the order,
to"ether with a description of the property attached, and a notice that it is attached, or that such real property and any interest therein held by or standin" in
the na!e of such other person are attached, and by leavin" a copy of such order, description, and notice with the occupant of the property, if any, or with
such other person or his a"ent if found within the province. /here the property has been brou"ht under the operation of either the Eand Re"istration #ct or
the 8roperty Re"istration Cecree, the notice shall contain a reference to the nu!ber of the certificate of title, the volu!e and pa"e in the re"istration book
where the certificate is re"istered, and the re"istered owner or owners thereof.
The re"istrar of deeds !ust index attach!ents filed under this section in the na!es of the applicant, the adverse party, or the person by who! the property
is held or in whose na!e it stands in the records. *f the attach!ent is not clai!ed on the entire area of the land covered by the certificate of title, a
description sufficiently accurate for the identification of the land or interest to be affected shall be included in the re"istration of such attach!ent-
(b) 8ersonal property capable of !anual delivery, by takin" and safely keepin" it in his custody, after issuin" the correspondin" receipt therefor.
(c) tocks or shares, or an interest in stocks or shares, of any corporation or co!pany, by leavin" with the president or !ana"in" a"ent thereof, a copy of
the writ, and a notice statin" that the stock or interest of the party a"ainst who! the attach!ent is issued is attached in pursuance of such writ-
(d) Cebts and credits, includin" bank deposits, financial interest, royalties, co!!issions and other personal property not capable of !anual delivery, by
leavin" with the person owin" such debts, or havin" in his possession or under his control, such credits or other personal property, or with his a"ent, a copy
of the writ, and notice that the debts owin" by hi! to the party a"ainst who! attach!ent is issued, and the credits and other personal property in his
possession, or under his control, belon"in" to said party, are attached in pursuance of such writ-
(e) The interest of the party a"ainst who! attach!ent is issued in property belon"in" to the estate of the decedent, whether as heir, le"atee, or devisee, by
servin" the executor or ad!inistrator or other personal representative of the decedent with a copy of the writ and notice that said interest is attached. # copy
of said writ of attach!ent and of said notice shall also be filed in the office of the clerk of the court in which said estate is bein" settled and served upon the
heir, le"atee or devisee concerned.
*f the property sou"ht to be attached is in custodia legis, a copy of the writ of attach!ent shall be filed with the proper court or 7uasi4&udicial a"ency, and
notice of the attach!ent served upon the custodian of such property. (9a)
Section #. (ffect of attachment of debts, credits and all other similar personal property. #ll persons havin" in their possession or under their control any
credits or other si!ilar personal property belon"in" to the party a"ainst who! attach!ent is issued, or owin" any debts to hi!, at the ti!e of service upon
the! of the copy of the writ of attach!ent and notice as provided in the last precedin" section, shall be liable to the applicant for the a!ount of such credits,
debts or other si!ilar personal property, until the attach!ent is dischar"ed, or any &ud"!ent recovered by hi! is satisfied, unless such property is delivered
or transferred, or such debts are paid, to the clerk, sheriff, or other proper officer of the court issuin" the attach!ent. (:a)
Section $. (ffect of attachment of interests in property belonging to the estate of a decedent. The attach!ent of the interest of an heir, le"atee, or
devisee in the property belon"in" to the estate of a decedent shall not i!pair the powers of the executor, ad!inistrator, or other personal representative of
the decedent over such property for the purpose of ad!inistration. uch personal representative, however, shall report the attach!ent to the court when any
petition for distribution is filed, and in the order !ade upon such petition, distribution !ay be awarded to such heir, le"atee or devisee, but the property
attached shall be ordered delivered to the sheriff !akin" the levy, sub&ect to the clai! of such heir, le"atee, or devisee, or any person clai!in" under hi!.
(;a)
Section 1%. (*amination of party whose property is attached and persons indebted to him or controlling his property- delivery of property to sheriff. #ny
person owin" debts to the party whose property is attached or havin" in his possession or under his control any credit or other personal property belon"in"
to such party, !ay be re7uired to attend before the court in which the action is pendin", or before a co!!issioner appointed by the court, and be exa!ined
on oath respectin" the sa!e. The party whose property is attached !ay also be re7uired to attend for the purpose of "ivin" infor!ation respectin" his
property, and !ay be exa!ined on oath. The court !ay, after such exa!ination, order personal property capable of !anual delivery belon"in" to hi!, in the
possession of the person so re7uired to attend before the court, to be delivered to the clerk of the court or sheriff on such ter!s as !ay be &ust, havin"
reference to any lien thereon or clai! a"ainst the sa!e, to await the &ud"!ent in the action. (1<a)
Section 11. !hen attached property may be sold after levy on attachment and before entry of udgment. /henever it shall be !ade to appear to the
court in which the action is pendin", upon hearin" with notice to both parties, that the property attached is perishable, or that the interests of all the parties to
the action will be subserved by the sale thereof, the court !ay order such property to be sold at public auction in such !anner as it !ay direct, and the
proceeds of such sale to be deposited in court to abide the &ud"!ent in the action. (11a)
Section 12. )ischarge of attachment upon giving counter$bond. #fter a writ of attach!ent has been enforced, the party whose property has been
attached, or the person appearin" on his behalf, !ay !ove for the dischar"e of the attach!ent wholly or in part on the security "iven. The court shall, after
due notice and hearin", order the dischar"e of the attach!ent if the !ovant !akes a cash deposit, or files a counter4bond executed to the attachin" party
with the clerk of the court where the application is !ade, in an a!ount e7ual to that fixed by the court in the order of attach!ent, exclusive of costs. %ut if
the attach!ent is sou"ht to be dischar"ed with respect to a particular property, the counter4bond shall be e7ual to the value of that property as deter!ined
by the court. *n either case, the cash deposit or the counter4bond shall secure the pay!ent of any &ud"!ent that the attachin" party !ay recover in the
action. # notice of the deposit shall forthwith be served on the attachin" party. 5pon the dischar"e of an attach!ent in accordance with the provisions of this
section, the property attached, or the proceeds of any sale thereof, shall be delivered to the party !akin" the deposit or "ivin" the counter4bond, or to the
person appearin" on his behalf, the deposit or counter4bond aforesaid standin" in place of the property so released. hould such counter4bond for any
reason be found to be or beco!e insufficient, and the party furnishin" the sa!e fail to file an additional counter4bond, the attachin" party !ay apply for a
new order of attach!ent. (1$a)
Section 13. )ischarge of attachment on other grounds. The party whose property has been ordered attached !ay file a !otion with the court in which he
action is pendin", before or after levy or even after the release of the attached property, for an order to set aside or dischar"e the attach!ent on the "round
that the sa!e was i!properly or irre"ularly issued or enforced, or that the bond is insufficient. *f the attach!ent is excessive, the dischar"e shall be li!ited
to the excess. *f the !otion be !ade on affidavits on the part of the !ovant but not otherwise, the attachin" party !ay oppose the !otion by counter4
affidavits or other evidence in addition to that on which the attach!ent was !ade. #fter due notice and hearin", the court shall order the settin" aside or the
correspondin" dischar"e of the attach!ent if it appears that it was i!properly or irre"ularly issued or enforced, or that the bond is insufficient, or that the
attach!ent is excessive, and the defect is not cured forthwith. (1)a)
Section 14. "roceedings where property claimed by third person. *f the property attached is clai!ed by any person other than the party a"ainst who!
attach!ent had been issued or his a"ent, and such person !akes an affidavit of his title thereto, or ri"ht to the possession thereof, statin" the "rounds of
such ri"ht or title, and serves such affidavit upon the sheriff while the latter has possession of the attached property, and a copy thereof upon the attachin"
party, the sheriff shall not be bound to keep the property under attach!ent, unless the attachin" party or his a"ent, on de!and of the sheriff, shall file a bond
approved by the court to inde!nify the third4party clai!ant in a su! not less than the value of the property levied upon. *n case of disa"ree!ent as to such
value, the sa!e shall be decided by the court issuin" the writ of attach!ent. =o clai! for da!a"es for the takin" or keepin" of the property !ay be enforced
a"ainst the bond unless the action therefor is filed within one hundred twenty (1$<) days fro! the date of the filin" of the bond.
The sheriff shall not be liable for da!a"es for the takin" or keepin" of such property to any such third4party clai!ant, if such bond shall be filed. =othin"
herein contained shall prevent such clai!ant or any third person fro! vindicatin" his clai! to the property, or prevent the attachin" party fro! clai!in"
da!a"es a"ainst a third4party clai!ant who filed a frivolous or plainly spurious clai!, in the sa!e or a separate action.
/hen the writ of attach!ent is issued in favor of the Republic of the 8hilippines, or any officer duly representin" it, the filin" of such bond shall not be
re7uired, and in case the sheriff is sued for da!a"es as a result of the attach!ent, he shall be represented by the olicitor ?eneral, and if held liable
therefor, the actual da!a"es ad&ud"ed by the court shall be paid by the =ational Treasurer out of the funds to be appropriated for the purpose. (1(a)
Section 15. Satisfaction of udgment out of property attached, return of sheriff. *f &ud"!ent be recovered by the attachin" party and execution issue
thereon, the sheriff !ay cause the &ud"!ent to be satisfied out of the property attached, if it be sufficient for that purpose in the followin" !anner.
(a) %y payin" to the &ud"!ent obli"ee the proceeds of all sales of perishable or other property sold in pursuance of the order of the court, or so !uch as
shall be necessary to satisfy the &ud"!ent-
(b) *f any balance re!ains due, by sellin" so !uch of the property, real or personal, as !ay be necessary to satisfy the balance, if enou"h for that purpose
re!ain in the sheriffBs hands, or in those the clerk of the court-
(c) %y collectin" fro! all persons havin" in their possession credits belon"in" to the &ud"!ent obli"or, or owin" debts to the latter at the ti!e of the
attach!ent of such credits or debts, the a!ount of such credits and debts as deter!ined by the court in the action, and stated in the &ud"!ent, and payin"
the proceeds of such collection over to the &ud"!ent obli"ee.
The sheriff shall forthwith !ake a return in writin" to the court of his proceedin"s under this section and furnish the parties with copies thereof. (10a)
Section 16. 1alance due collected upon an e*ecution- e*cess delivered to udgment obligor. *f after reali'in" upon all the property attached, includin" the
proceeds of any debts or credits collected, and applyin" the proceeds to the satisfaction of the &ud"!ent less the expenses of proceedin"s upon the
&ud"!ent any balance shall re!ain due, the sheriff !ust proceed to collect such balance as upon ordinary execution. /henever the &ud"!ent shall have
been paid, the sheriff, upon reasonable de!and, !ust return to the &ud"!ent obli"or the attached property re!ainin" in his hands, and any proceeds of the
sale of the property attached not applied to the &ud"!ent. (1+a)
Section 1". Recovery upon the counter$bond. /hen the &ud"!ent has beco!e executory, the surety or sureties on any counter4bond "iven pursuant to
the provisions of this Rule to secure the pay!ent of the &ud"!ent shall beco!e char"ed on such counter4bond and bound to pay the &ud"!ent obli"ee upon
de!and the a!ount due under the &ud"!ent, which a!ount !ay be recovered fro! such surety or sureties after notice and su!!ary hearin" in the sa!e
action. (19a)
Section 1#. )isposition of money deposited. /here the party a"ainst who! attach!ent had been issued has deposited !oney instead of "ivin" counter4
bond, it shall be applied under the direction of the court to the satisfaction of any &ud"!ent rendered in favor of the attachin" party, and after satisfyin" the
&ud"!ent the balance shall be refunded to the depositor or his assi"nee. *f the &ud"!ent is in favor of the party a"ainst who! attach!ent was issued, the
whole su! deposited !ust be refunded to hi! or his assi"nee. (1:a)
Section 1$. )isposition of attached property where udgment is for party against whom attachment was issued. *f &ud"!ent be rendered a"ainst the
attachin" party, all the proceeds of sales and !oney collected or received by the sheriff, under the order of attach!ent, and all property attached re!ainin"
in any such officerBs hands, shall be delivered to the party a"ainst who! attach!ent was issued, and the order of attach!ent dischar"ed. (1;a)
Section 2%. Claim for damages on account of improper, irregular or e*cessive attachment. #n application for da!a"es on account of i!proper, irre"ular
or excessive attach!ent !ust be filed before the trial or before appeal is perfected or before the &ud"!ent beco!es executory, with due notice to the
attachin" party and his surety or sureties settin" forth the facts showin" his ri"ht to da!a"es and the a!ount thereof. uch da!a"es !ay be awarded only
after proper hearin" and shall be included in the &ud"!ent on the !ain case.
*f the &ud"!ent of the appellate court be favorable to the party a"ainst who! the attach!ent was issued he !ust clai! da!a"es sustained durin" the
pendency of the appeal by filin" an application in the appellate court, with notice to the party in whose favor the attach!ent was issued or his surety or
sureties, before the &ud"!ent of the appellate court beco!es executory. The appellate court !ay allow the application to be heard and decided by the trial
court.
=othin" herein contained shall prevent the party a"ainst who! the attach!ent was issued fro! recoverin" in the sa!e action the da!a"es awarded to hi!
fro! any property of the attachin" party not exe!pt fro! execution should the bond or deposit "iven by the latter be insufficient or fail to fully satisfy the
award. ($<a)
RULE 5#
Preli'inary (n<nction
Section 1. "reliminary inunction defined- classes. # preli!inary in&unction is an order "ranted at any sta"e of an action or proceedin" prior to the
&ud"!ent or final order, re7uirin" a party or a court, a"ency or a person to refrain fro! a particular act or acts. *t !ay also re7uire the perfor!ance of a
particular act or acts, in which case it shall be known as a preli!inary !andatory in&unction. (1a)
Section 2. !ho may grant preliminary inunction. # preli!inary in&unction !ay be "ranted by the court where the action or proceedin" is pendin". *f the
action or proceedin" is pendin" in the Court of #ppeals or in the upre!e Court, it !ay be issued by said court or any !e!ber thereof. ($a)
Section 3. +rounds for issuance of preliminary inunction. # preli!inary in&unction !ay be "ranted when it is established.
(a) That the applicant is entitled to the relief de!anded, and the whole or part of such relief consists in restrainin" the co!!ission or continuance of the act
or acts co!plained of, or in re7uirin" the perfor!ance of an act or acts either for a li!ited period or perpetually-
(b) That the co!!ission, continuance or non4perfor!ance of the act or acts co!plained of durin" the liti"ation would probably work in&ustice to the
applicant- or
(c) That a party, court, a"ency or a person is doin", threatenin", or is atte!ptin" to do, or is procurin" or sufferin" to be done so!e act or acts probably in
violation of the ri"hts of the applicant respectin" the sub&ect of the action or proceedin", and tendin" to render the &ud"!ent ineffectual. ()a)
Section 4. ,erified application and bond for preliminary inunction or temporary restraining order. # preli!inary in&unction or te!porary restrainin" order
!ay be "ranted only when.
(a) The application in the action or proceedin" is verified, and shows facts entitlin" the applicant to the relief de!anded- and
(b) 5nless exe!pted by the court the applicant files with the court where the action or proceedin" is pendin", a bond executed to the party or person
en&oined, in an a!ount to be fixed by the court, to the effect that the applicant will pay to such party or person all da!a"es which he !ay sustain by reason
of the in&unction or te!porary restrainin" order if the court should finally decide that the applicant was not entitled thereto. 5pon approval of the re7uisite
bond, a writ of preli!inary in&unction shall be issued. ((a)
(c) /hen an application for a writ of preli!inary in&unction or a te!porary restrainin" order is included in a co!plaint or any initiatory pleadin", the case, if
filed in a !ultiple4sala court, shall be raffled only after notice to and in the presence of the adverse party or the person to be en&oined. *n any event, such
notice shall be preceded, or conte!poraneously acco!panied, by service of su!!ons, to"ether with a copy of the co!plaint or initiatory pleadin" and the
applicantBs affidavit and bond, upon the adverse party in the 8hilippines.
6owever, where the su!!ons could not be served personally or by substituted service despite dili"ent efforts, or the adverse party is a resident of the
8hilippines te!porarily absent therefro! or is a nonresident thereof, the re7uire!ent of prior or conte!poraneous service of su!!ons shall not apply.
(d) The application for a te!porary restrainin" order shall thereafter be acted upon only after all parties are heard in a su!!ary hearin" which shall be
conducted within twenty4four ($() hours after the sheriffBs return of service andFor the records are received by the branch selected by raffle and to which the
records shall be trans!itted i!!ediately.
Section 5. "reliminary inunction not granted without notice- e*ception. =o preli!inary in&unction shall be "ranted without hearin" and prior notice to the
party or person sou"ht to be en&oined. *f it shall appear fro! facts shown by affidavits or by the verified application that "reat or irreparable in&ury would
result to the applicant before the !atter can be heard on notice, the court to which the application for preli!inary in&unction was !ade, !ay issue a
te!porary restrainin" order to be effective only for a period of twenty ($<) days fro! service on the party or person sou"ht to be en&oined, except as herein
provided. /ithin the said twenty4day period, the court !ust order said party or person to show cause, at a specified ti!e and place, why the in&unction
should not be "ranted, deter!ine within the sa!e period whether or not the preli!inary in&unction shall be "ranted, and accordin"ly issue the correspondin"
order. (%ar 1atter =o. :<), 19 >ebruary 1;;:)
6owever, and sub&ect to the provisions of the precedin" sections, if the !atter is of extre!e ur"ency and the applicant will suffer "rave in&ustice and
irreparable in&ury, the executive &ud"e of a !ultiple4sala court or the presidin" &ud"e of a sin"le sala court !ay issue e* parte a te!porary restrainin" order
effective for only seventy4two (9$) hours fro! issuance but he shall i!!ediately co!ply with the provisions of the next precedin" section as to service of
su!!ons and the docu!ents to be served therewith. Thereafter, within the aforesaid seventy4two (9$) hours, the &ud"e before who! the case is pendin"
shall conduct a su!!ary hearin" to deter!ine whether the te!porary restrainin" order shall be extended until the application for preli!inary in&unction can
be heard. *n no case shall the total period of effectivity of the te!porary restrainin" order exceed twenty ($<) days, includin" the ori"inal seventy4two hours
provided herein.
*n the event that the application for preli!inary in&unction is denied or not resolved within the said period, the te!porary restrainin" order is dee!ed,
auto!atically vacated. The effectivity of a te!porary restrainin" order is not extendible without need of any &udicial declaration to that effect and no court
shall have authority to extend or renew the sa!e on the sa!e "round for which it was issued.
6owever, if issued by the Court of #ppeals or a !e!ber thereof, the te!porary restrainin" order shall be effective for sixty (+<) days fro! service on the
party or person sou"ht to be en&oined. # restrainin", order issued by the upre!e Court or a !e!ber thereof shall be effective until further orders. (0a)
Section 6. +rounds for obection to, or for motion of dissolution of- inunction or restraining order. The application for in&unction or restrainin" order !ay
be denied, upon a showin" of its insufficiency. The in&unction or restrainin" order !ay also be denied, or, if "ranted, !ay be dissolved, on other "rounds
upon affidavits of the party or person en&oined, which !ay be opposed by the applicant also by affidavits. *t !ay further be denied, or if "ranted, !ay be
dissolved, if it appears after hearin" that althou"h the applicant is entitled to the in&unction or restrainin" order, the issuance or continuance thereof, as the
case !ay be, would cause irreparable da!a"e to the party or person en&oined while the applicant can be fully co!pensated for such da!a"es as he !ay
suffer, and the for!er files a bond in an a!ount fixed by the court conditioned that he will pay all da!a"es which the applicant !ay suffer by the denial or
the dissolution of the in&unction or restrainin" order. *f it appears that the extent of the preli!inary in&unction or restrainin" order "ranted is too "reat, it !ay
be !odified. (+a)
Section ". Service of copies of bonds- effect of disapproval of same. The party filin" a bond in accordance with the provisions of this Rule shall forthwith
serve a copy of such bond on the other party, who !ay except to the sufficiency of the bond, or of the surety or sureties thereon. *f the applicantBs bond is
found to be insufficient in a!ount, or if the surety or sureties thereon fail to &ustify, and a bond sufficient in a!ount with sufficient sureties approved after
&ustification is not filed forthwith the in&unction shall be dissolved. *f the bond of the adverse party is found to be insufficient in a!ount, or the surety or
sureties thereon fail to &ustify a bond sufficient in a!ount with sufficient sureties approved after &ustification is not filed forthwith, the in&unction shall be
"ranted or restored, as the case !ay be. (:a)
Section #. Judgment to include damages against party and sureties. #t the trial, the a!ount of da!a"es to be awarded to either party, upon the bond of
the adverse party, shall be clai!ed, ascertained, and awarded under the sa!e procedure prescribed in section $< of Rule 09. (;a)
Section $. !hen final inunction granted. *f after the trial of the action it appears that the applicant is entitled to have the act or acts co!plained of
per!anently en&oined the court shall "rant a final in&unction perpetually restrainin" the party or person en&oined fro! the co!!ission or continuance of the
act or acts of confir!in" the preli!inary !andatory in&unction. (1<a)
RULE 5$
Receivers1i/
Section 1. &ppointment of receiver. 5pon a verified application, one or !ore receivers of the property sub&ect of the action or proceedin" !ay be
appointed by the court where the action is pendin" or by the Court of #ppeals or by the upre!e Court, or a !e!ber thereof, in the followin" cases.
(a) /hen it appears fro! the verified application, and such other proof as the court !ay re7uire, that the party applyin" for the appoint!ent of a receiver has
an interest in the property or fund which is the sub&ect of the action or proceedin", and that such property or fund is in dan"er of bein" lost, re!oved, or
!aterially in&ured unless a receiver be appointed to ad!inister and preserve it-
(b) /hen it appears in an action by the !ort"a"ee for the foreclosure of a !ort"a"e that the property is in dan"er of bein" wasted or dissipated or !aterially
in&ured, and that its value is probably insufficient to dischar"e the !ort"a"e debt, or that the parties have so stipulated in the contract of !ort"a"e-
(c) #fter &ud"!ent, to preserve the property durin" the pendency of an appeal, or to dispose of it accordin" to the &ud"!ent, or to aid execution when the
execution has been returned unsatisfied or the &ud"!ent obli"or refuses to apply his property in satisfaction of the &ud"!ent, or otherwise to carry the
&ud"!ent into effect-
(d) /henever in other cases it appears that the appoint!ent of a receiver is the !ost convenient and feasible !eans of preservin", ad!inisterin", or
disposin" of the property in liti"ation.
Curin" the pendency of an appeal, the appellate court !ay allow an application for the appoint!ent of a receiver to be filed in and decided by the court of
ori"in and the receiver appointed to be sub&ect to the control of said court. (1a)
Section 2. 1ond on appointment of receiver. %efore issuin" the order appointin" a receiver the court shall re7uire the applicant to file a bond executed to
the party a"ainst who! the application is presented, in an a!ount to be fixed by the court, to the effect that the applicant will pay such party all da!a"es he
!ay sustain by reason of the appoint!ent of such receiver in case the applicant shall have procured such appoint!ent without sufficient cause- and the
court !ay, in its discretion, at any ti!e after the appoint!ent, re7uire an additional bond as further security for such da!a"es. ()a)
Section 3. )enial of application or discharge of receiver. The application !ay be denied, or the receiver dischar"ed, when the adverse party files a bond
executed to the applicant, in an a!ount to be fixed by the court, to the effect that such party will pay the applicant all da!a"es he !ay suffer by reason of
the acts, o!issions, or other !atters specified in the application as "round for such appoint!ent. The receiver !ay also be dischar"ed if it is shown that his
appoint!ent was obtained without sufficient cause. ((a)
Section 4. Oath and bond of receiver. %efore enterin" upon his duties, the receiver shall be sworn to perfor! the! faithfully, and shall file a bond,
executed to such person and in such su! as the court !ay direct, to the effect that he will faithfully dischar"e his duties in the action or proceedin" and obey
the orders of the court. (0a)
Section 5. Service of copies of bonds- effect of disapproval of same. The person filin" a bond in accordance with the provisions of this Rule shall
forthwith serve a copy thereof on each interested party, who !ay except to its sufficiency or of the surety or sureties thereon. *f either the applicantBs or the
receiverBs bond is found to be insufficient in a!ount, or if the surety or sureties thereon fail to &ustify, and a bond sufficient in a!ount with sufficient sureties
approved after &ustification is not filed forthwith, the application shall be denied or the receiver dischar"ed, as the case !ay be. *f the bond of the adverse
party is found to be insufficient in a!ount or the surety or sureties thereon fail to &ustify, and a bond sufficient in a!ount with sufficient sureties approved
after &ustification is not filed forthwith, the receiver shall be appointed or re4appointed, as the case !ay be. (+a)
Section 6. +eneral powers of receiver. ub&ect to the control of the court in which the action or proceedin" is pendin" a receiver shall have the power to
brin" and defend, in such capacity, actions in his own na!e- to take and keep possession of the property in controversy- to receive rents- to collect debts
due to hi!self as receiver or to the fund, property, estate, person, or corporation of which he is the receiver- to co!pound for and co!pro!ise the sa!e- to
!ake transfers- to pay outstandin" debts- to divide the !oney and other property that shall re!ain a!on" the persons le"ally entitled to receive the sa!e-
and "enerally to do such acts respectin" the property as the court !ay authori'e. 6owever, funds in the hands of a receiver !ay be invested only by order
of the court upon the written consent of all the parties to the action. (9a)
=o action !ay be filed by or a"ainst a receiver without leave of the court which appointed hi!. (n)
Section ". 6iability for refusal or neglect to deliver property to receiver. # person who refuses or ne"lects, upon reasonable de!and, to deliver to the
receiver all the property, !oney, books, deeds, notes, bills, docu!ents and papers within his power or control, sub&ect of or involved in the action or
proceedin", or in case of disa"ree!ent, as deter!ined and ordered by the court, !ay be punished for conte!pt and shall be liable to the receiver for the
!oney or the value of the property and other thin"s so refused or ne"lected to be surrendered, to"ether with all da!a"es that !ay have been sustained by
the party or parties entitled thereto as a conse7uence of such refusal or ne"lect. (n)
Section #. Termination of receivership- compensation of receiver. /henever the court, motu proprio or on !otion of either party, shall deter!ine that the
necessity for a receiver no lon"er exists, it shall, after due notice to all interested parties and hearin", settle the accounts of the receiver, direct the delivery
of the funds and other property in his possession to the person ad&ud"ed to be entitled to receive the! and order the dischar"e of the receiver fro! further
duty as such. The court shall allow the receiver such reasonable co!pensation as the circu!stances of the case warrant, to be taxed as costs a"ainst the
defeated party, or apportioned, as &ustice re7uires. (:a)
Section $. Judgment to include recovery against sureties. The a!ount, if any, to be awarded to any party upon any bond filed in accordance with the
provisions of this Rule, shall be clai!ed, ascertained, and "ranted under the sa!e procedure prescribed in section $< of Rule 09. (;a)
RULE 6%
Re/levin
Section 1. &pplication. # party prayin" for the recovery of possession of personal property !ay, at the co!!ence!ent of the action or at any ti!e before
answer, apply for an order for the delivery of such property to hi!, in the !anner hereinafter provided. (1a)
Section 2. &ffidavit and bond. The applicant !ust show by his own affidavit or that of so!e other person who personally knows the facts.
(a) That the applicant is the owner of the property clai!ed, particularly describin" it, or is entitled to the possession thereof-
(b) That the property is wron"fully detained by the adverse party, alle"in" the cause of detention thereof accordin" to the best of his knowled"e, infor!ation,
and belief -
(c) That the property has not been distrained or taken for a tax assess!ent or a fine pursuant to law, or sei'ed under a writ of execution or preli!inary
attach!ent, or otherwise placed under custodia legis, or if so sei'ed, that it is exe!pt fro! such sei'ure or custody- and
(d) The actual !arket value of the property.
The applicant !ust also "ive a bond, executed to the adverse party in double the value of the property as stated in the affidavit afore!entioned, for the
return of the property to the adverse party if such return be ad&ud"ed, and for the pay!ent to the adverse party of such su! as he !ay recover fro! the
applicant in the action. ($a)
Section 3. Order. 5pon the filin" of such affidavit and approval of the bond, the court shall issue an order and the correspondin" writ of replevin,
describin" the personal property alle"ed to be wron"fully detained and re7uirin" the sheriff forthwith to take such property into his custody. ()a)
Section 4. )uty of the sheriff. 5pon receivin" such order, the sheriff !ust serve a copy thereof on the adverse party, to"ether with a copy of the
application, affidavit and bond, and !ust forthwith take the property, if it be in the possession of the adverse party, or his a"ent, and retain it in his custody. *f
the property or any part thereof be concealed in a buildin" or enclosure, the sheriff !ust de!and its delivery, and if it be not delivered, he !ust cause the
buildin" or enclosure to be broken open and take the property into his possession. #fter the sheriff has take possession of the property as herein provided,
he !ust keep it in a secure place and shall be responsible for its delivery to the party entitled thereto upon receivin" his fees and necessary expenses for
takin" and keepin" the sa!e. ((a)
Section 5. Return of property. *f the adverse party ob&ects to the sufficiency of the applicantBs bond, or of the surety or sureties thereon, he cannot
i!!ediately re7uire the return of the property, but if he does not so ob&ect, he !ay, at any ti!e before the delivery of the property to the applicant, re7uire
the return thereof, by filin" with the court where the action is pendin" a bond executed to the applicant, in double the value of the property as stated in the
applicantBs affidavit for the delivery thereof to the applicant, if such delivery be ad&ud"ed, and for the pay!ent of such su!, to hi! as !ay be recovered
a"ainst the adverse party, and by servin" a copy of such bond on the applicant. (0a)
Section 6. )isposition of property by sheriff. *f within five (0) days after the takin" of the property by the sheriff, the adverse party does not ob&ect to the
sufficiency of the bond, or of the surety or sureties thereon- or if the adverse party so ob&ects and the court affir!s its approval of the applicantBs bond or
approves a new bond, or if the adverse party re7uires the return of the property but his bond is ob&ected to and found insufficient and he does not forthwith
file an approved bond, the property shall be delivered to the applicant. *f for any reason the property is not delivered to the applicant, the sheriff !ust return it
to the adverse party. (+a)
Section ". "roceedings where property claimed by third person. *f the property taken is clai!ed by any person other than the party a"ainst who! the writ
of replevin had been issued or his a"ent, and such person !akes an affidavit of his title thereto, or ri"ht to the possession thereof, statin" the "rounds
therefor, and serves such affidavit upon the sheriff while the latter has possession of the property and a copy thereof upon the applicant, the sheriff shall not
be bound to keep the property under replevin or deliver it to the applicant unless the applicant or his a"ent, on de!and of said sheriff, shall file a bond
approved by the court to inde!nify the third4party clai!ant in a su! not less than the value of the property under replevin as provided in section $ hereof. *n
case of disa"ree!ent as to such value, the court shall deter!ine the sa!e. =o clai! for da!a"es for the takin" or keepin", of the property !ay be enforced
a"ainst the bond unless the action therefor is filed within one hundred twenty (1$<) days fro! the date of the filin" of the bond.
The sheriff shall not be liable for da!a"es, for the takin" or keepin" of such property, to any such third4party clai!ant if such bond shall be filed. =othin"
herein contained shall prevent such clai!ant or any third person fro! vindicatin" his clai! to the property, or prevent the applicant fro! clai!in" da!a"es
a"ainst a third4party clai!ant who filed a frivolous or plainly spurious clai!, in the sa!e or a separate action.
/hen the writ of replevin is issued in favor of the Republic of the 8hilippines, or any officer duly representin" it, the filin" of such bond shall not be re7uired,
and in case the sheriff is sued for da!a"es as a result of the replevin, he shall be represented by the olicitor ?eneral, and if held liable therefor, the actual
da!a"es ad&ud"ed by the court shall be paid by the =ational Treasurer out of the funds to be appropriated for the purpose. (9a)
Section #. Return of papers. The sheriff !ust file the order, with his proceedin"s indorsed, thereon, with the court within ten (1<) days after takin" the
property !entioned therein. (:a)
Section $. Judgment. #fter trial of the issues the court shall deter!ine who has the ri"ht of possession to and the value of the property and shall render
&ud"!ent in the alternative for the delivery thereof to the party entitled to the sa!e, or for its value in case delivery cannot be !ade, and also for such
da!a"es as either party !ay prove, with costs. (;a)
Section 1%. Judgment to include recovery against sureties. The a!ount, if any, to be awarded to any party upon any bond filed in accordance with the
provisions of this Rule, shall be clai!ed, ascertained, and "ranted under the sa!e procedure as prescribed in section $< of Rule 09. (1<a)
RULE 61
S//ort Pendente Lite
Section 1. &pplication. #t the co!!ence!ent of the proper action or proceedin", or at any ti!e prior to the &ud"!ent or final order, a verified application
for support pendente lite !ay be filed by any party statin" the "rounds for the clai! and the financial conditions of both parties, and acco!panied by
affidavits, depositions or other authentic docu!ents in support thereof. (1a)
Section 2. Comment. # copy of the application and all supportin" docu!ents shall be served upon the adverse party, who shall have five (0) days to
co!!ent thereon unless a different period is fixed by the court upon his !otion. The co!!ent shall be verified and shall be acco!panied by affidavits,
depositions or other authentic docu!ents in support thereof. ($a, )a)
Section 3. 2earing. #fter the co!!ent is filed, or after the expiration of the period for its filin", the application shall be set for hearin" not !ore than three
()) days thereafter. The facts in issue shall be proved in the sa!e !anner as is provided for evidence on !otions. ((a)
Section 4. Order. The court shall deter!ine provisionally the pertinent facts, and shall render such orders as &ustice and e7uity !ay re7uire, havin" the
re"ard to the probable outco!e of the case and such other circu!stances as !ay aid in the proper resolution of the 7uestion involved. *f the application is
"ranted, the court shall fix the a!ount of !oney to be provisionally paid or such other for!s of support as should be provided, takin" into account the
necessities of the applicant and the resources or !eans of the adverse party, and the ter!s of pay!ent or !ode for providin" the support. *f the application
is denied, the principal case shall be tried and decided as early as possible. (0a)
Section 5. (nforcement of order. *f the adverse party fails to co!ply with an order "rantin" support pendente lite, the court shall, motu proprio or upon
!otion- issue an order of execution a"ainst hi!, without pre&udice to his liability for conte!pt. (+a)
/hen the person ordered to "ive support pendente lite refuses or fails to do so, any third person who furnished that support to the applicant !ay, after due
notice and hearin" in the sa!e case obtain a writ of execution to enforce his ri"ht of rei!burse!ent a"ainst the person ordered to provide such support. (h)
Section 6. Support in criminal cases. *n cri!inal actions where the civil liability includes support for the offsprin" as a conse7uence of the cri!e and the
civil aspect thereof has not been waived, reserved and instituted prior to its filin", the accused !ay be ordered to provide support pendente lite to the child
born to the offended party alle"edly because of the cri!e. The application therefor !ay be filed successively by the offended party, her parents,
"randparents or "uardian and the tate in the correspondin" cri!inal case durin" its pendency, in accordance with the procedure established under this
Rule. (n)
Section ". Restitution. /hen the &ud"!ent or final order of the court finds that the person who has been providin" support pendente lite is not liable
therefor, it shall order the recipient thereof to return to the for!er the a!ounts already paid with le"al interest fro! the dates of actual pay!ent, without
pre&udice to the ri"ht of the recipient to obtain rei!burse!ent in a separate action fro! the person le"ally obli"ed to "ive the support. hould the recipient
fail to rei!burse said a!ounts, the person who provided the sa!e !ay likewise seek rei!burse!ent thereof in a separate action fro! the person le"ally
obli"ed to "ive such support. (n)

S/ecial Civil Actions
RULE 62
(nter/leader
Section 1. !hen interpleader proper. /henever conflictin" clai!s upon the sa!e sub&ect !atter are or !ay be !ade a"ainst a person who clai!s no
interest whatever in the sub&ect !atter, or an interest which in whole or in part is not disputed by the clai!ants, he !ay brin" an action a"ainst the conflictin"
clai!ants to co!pel the! to interplead and liti"ate their several clai!s a!on" the!selves. (1a, R+))
Section 2. Order. 5pon the filin" of the co!plaint, the court shall issue an order re7uirin" the conflictin" clai!ants to interplead with one another. *f the
interests of &ustice so re7uire, the court !ay direct in such order that the sub&ect !atter be paid or delivered to the court. ($a, R+))
Section 3. Summons. u!!ons shall be served upon the conflictin" clai!ants, to"ether with a copy of the co!plaint and order. (), R+))
Section 4. Motion to dismiss. /ithin the ti!e for filin" an answer, each clai!ant !ay file a !otion to dis!iss on the "round of i!propriety of the
interpleader action or on other appropriate "rounds specified in Rule 1+. The period to file the answer shall be tolled and if the !otion is denied, the !ovant
!ay file his answer within the re!ainin" period, but which shall not be less than five (0) days in any event, reckoned fro! notice of denial. (n)
Section 5. &nswer and other pleadings. ,ach clai!ant shall file his answer settin" forth his clai! within fifteen (10) days fro! service of the su!!ons
upon hi!, servin" a copy thereof upon each of the other conflictin" clai!ants who !ay file their reply thereto as provided by these Rules. *f any clai!ant
fails to plead within the ti!e herein fixed, the court !ay, on !otion, declare hi! in default and thereafter render &ud"!ent barrin" hi! fro! any clai! in
respect to the sub&ect !atter.
The parties in an interpleader action !ay file counterclai!s, cross4clai!s, third4party co!plaints and responsive pleadin"s thereto, as provided by these
Rules. ((a, R+))
Section 6. )etermination. #fter the pleadin"s of the conflictin" clai!ants have been filed, and pre4trial has been conducted in accordance with the Rules,
the court shall proceed to deter!ine their respective ri"hts and ad&udicate their several clai!s. (0a, R+))
Section ". )oc'et and other lawful fees, costs and litigation e*penses as liens. The docket and other lawful fees paid by the party who filed a co!plaint
under this Rule, as well as the costs and liti"ation expenses, shall constitute a lien or chan"e upon the sub&ect !atter of the action, unless the court shall
order otherwise. (+a, R+))
RULE 63
5eclaratory Relie! and Si'ilar Re'edies
Section 1. !ho may file petition. #ny person interested under a deed, will, contract or other written instru!ent, or whose ri"hts are affected by a statute,
executive order or re"ulation, ordinance, or any other "overn!ental re"ulation !ay, before breach or violation thereof brin" an action in the appropriate
Re"ional Trial Court to deter!ine any 7uestion of construction or validity arisin", and for a declaration of his ri"hts or duties, thereunder. (%ar 1atter =o.
:<), 19 >ebruary 1;;:)
#n action for the refor!ation of an instru!ent, to 7uiet title to real property or re!ove clouds therefro!, or to consolidate ownership under #rticle 1+<9 of the
Civil Code, !ay be brou"ht under this Rule. (1a, R+()
Section 2. "arties. #ll persons who have or clai! any interest which would be affected by the declaration shall be !ade parties- and no declaration shall,
except as otherwise provided in these Rules, pre&udice the ri"hts of persons not parties to the action. ($a, R+()
Section 3. #otice on Solicitor +eneral. *n any action which involves the validity of a statute, executive order or re"ulation, or any other "overn!ental
re"ulation, the olicitor ?eneral shall be notified by the party assailin" the sa!e and shall be entitled to be heard upon such 7uestion. ()a, R+()
Section 4. 6ocal government ordinances. *n any action involvin" the validity of a local "overn!ent ordinance, the correspondin" prosecutor or attorney of
the local "overn!ental unit involved shall be si!ilarly notified and entitled to be heard. *f such ordinance is alle"ed to be unconstitutional, the olicitor
?eneral shall also be notified and entitled to be heard. ((a, R+()
Section 5. Court action discretionary. ,xcept in actions fallin" under the second para"raph of section 1 of this Rule, the court, motu proprio or upon
!otion, !ay refuse to exercise the power to declare ri"hts and to construe instru!ents in any case where a decision would not ter!inate the uncertainty or
controversy which "ave rise to the action, or in any case where the declaration or construction is not necessary and proper under the circu!stances. (0a,
R+()
Section 6. Conversion into ordinary action. *f before the final ter!ination of the case, a breach or violation of an instru!ent or a statute, executive order
or re"ulation, ordinance, or any other "overn!ental re"ulation should take place, the action !ay thereupon be converted into an ordinary action, and the
parties shall be allowed to file such pleadin"s as !ay be necessary or proper. (+a, R+()
RULE 64
Revie9 o! 4d*'ents and .inal Orders or Resoltions o! t1e Co''ission on Elections and t1e Co''ission on Adit
Section 1. Scope. This Rule shall "overn the review of &ud"!ents and final orders or resolutions of the Co!!ission on ,lections and the Co!!ission on
#udit. (n)
Section 2. Mode of review. # &ud"!ent or final order or resolution of the Co!!ission on ,lections and the Co!!ission on #udit !ay be brou"ht by the
a""rieved party to the upre!e Court on certiorari under Rule +0, except as hereinafter provided. (n- %ar 1atter =o. :<), 19 >ebruary 1;;:)
Section 3. Time to file petition. The petition shall be filed within thirty ()<) days fro! notice of the &ud"!ent or final order or resolution sou"ht to be
reviewed. The filin" of a !otion for new trial or reconsideration of said &ud"!ent or final order or resolution, if allowed under the procedural rules of the
Co!!ission concerned, shall interrupt the period herein fixed. *f the !otion is denied, the a""rieved party !ay file the petition within the re!ainin" period,
but which shall not be less than five (0) days in any event, reckoned fro! notice of denial. (n)
Section 4. )oc'et and other lawful fees. 5pon the filin" of the petition, the petitioner shall pay to the clerk of court the docket and other lawful fees and
deposit the a!ount of 80<<.<< for costs. (n)
Section 5. 3orm and contents of petition. The petition shall be verified and filed in ei"hteen (1:) le"ible copies. The petition shall na!e the a""rieved
party as petitioner and shall &oin as respondents the Co!!ission concerned and the person or persons interested in sustainin" the &ud"!ent, final order or
resolution a 5uo. The petition shall state the facts with certainty, present clearly the issues involved, set forth the "rounds and brief ar"u!ents relied upon for
review, and pray for &ud"!ent annullin" or !odifyin" the 7uestioned &ud"!ent, final order or resolution. >indin"s of fact of the Co!!ission supported by
substantial evidence shall be final and non4reviewable.
The petition shall be acco!panied by a clearly le"ible duplicate ori"inal or certified true copy of the &ud"!ent, final order or resolution sub&ect thereof,
to"ether with certified true copies of such !aterial portions of the record as are referred to therein and other docu!ents relevant and pertinent thereto. The
re7uisite nu!ber of copies of the petition shall contain plain copies of all docu!ents attached to the ori"inal copy of said petition.
The petition shall state the specific !aterial dates showin" that it was filed within the period fixed herein, and shall contain a sworn certification a"ainst
foru! shoppin" as provided in the third para"raph of section ), Rule (+.
The petition shall further be acco!panied by proof of service of a copy thereof on the Co!!ission concerned and on the adverse party, and of the ti!ely
pay!ent of docket and other lawful fees.
The failure of petitioner to co!ply with any of the fore"oin" re7uire!ents shall be sufficient "round for the dis!issal of the petition. (n)
Section 6. Order to comment. *f the upre!e Court finds the petition sufficient in for! and substance, it shall order the respondents to file their
co!!ents on the petition within ten (1<) days fro! notice thereof- otherwise, the Court !ay dis!iss the petition outri"ht. The Court !ay also dis!iss the
petition if it was filed !anifestly for delay or the 7uestions raised are too unsubstantial to warrant further proceedin"s. (n)
Section ". Comments of respondents. The co!!ents of the respondents shall be filed in ei"hteen (1:) le"ible copies. The ori"inal shall be acco!panied
by certified true copies of such !aterial portions of the record as are referred to therein to"ether with other supportin" papers. The re7uisite nu!ber of
copies of the co!!ents shall contain plain copies of all docu!ents attached to the ori"inal and a copy thereof shall be served on the petitioner.
=o other pleadin" !ay be filed by any party unless re7uired or allowed by the Court. (n)
Section #. (ffect of filing. The filin" of a petition for certiorari shall not stay the execution of the &ud"!ent or final order or resolution sou"ht to be
reviewed, unless the upre!e Court shall direct otherwise upon such ter!s as it !ay dee! &ust. (n)
Section $. Submission for decision. 5nless the Court sets the case for oral ar"u!ent, or re7uires the parties to sub!it !e!oranda, the case shall be
dee!ed sub!itted for decision upon the filin" of the co!!ents on the petition, or of such other pleadin"s or papers as !ay be re7uired or allowed, or the
expiration of the period to do so. (n)
RULE 65
Certiorari3 Pro1i7ition and ,anda's
Section 1. "etition for certiorari. /hen any tribunal, board or officer exercisin" &udicial or 7uasi4&udicial functions has acted without or in excess its or his
&urisdiction, or with "rave abuse of discretion a!ountin" to lack or excess of &urisdiction, and there is no appeal, or any plain, speedy, and ade7uate re!edy
in the ordinary course of law, a person a""rieved thereby !ay file a verified petition in the proper court, alle"in" the facts with certainty and prayin" that
&ud"!ent be rendered annullin" or !odifyin" the proceedin"s of such tribunal, board or officer, and "rantin" such incidental reliefs as law and &ustice !ay
re7uire.
The petition shall be acco!panied by a certified true copy of the &ud"!ent, order or resolution sub&ect thereof, copies of all pleadin"s and docu!ents
relevant and pertinent thereto, and a sworn certification of non4foru! shoppin" as provided in the third para"raph of section ), Rule (+. (1a)
Section 2. "etition for prohibition. /hen the proceedin"s of any tribunal, corporation, board, officer or person, whether exercisin" &udicial, 7uasi4&udicial
or !inisterial functions, are without or in excess of its or his &urisdiction, or with "rave abuse of discretion a!ountin" to lack or excess of &urisdiction, and
there is no appeal or any other plain, speedy, and ade7uate re!edy in the ordinary course of law, a person a""rieved thereby !ay file a verified petition in
the proper court, alle"in" the facts with certainty and prayin" that &ud"!ent be rendered co!!andin" the respondent to desist fro! further proceedin"s in
the action or !atter specified therein, or otherwise "rantin" such incidental reliefs as law and &ustice !ay re7uire.
The petition shall likewise be acco!panied by a certified true copy of the &ud"!ent, order or resolution sub&ect thereof, copies of all pleadin"s and
docu!ents relevant and pertinent thereto, and a sworn certification of non4foru! shoppin" as provided in the third para"raph of section ), Rule (+. ($a)
Section 3. "etition for mandamus. /hen any tribunal, corporation, board, officer or person unlawfully ne"lects the perfor!ance of an act which the law
specifically en&oins as a duty resultin" fro! an office, trust, or station, or unlawfully excludes another fro! the use and en&oy!ent of a ri"ht or office to which
such other is entitled, and there is no other plain, speedy and ade7uate re!edy in the ordinary course of law, the person a""rieved thereby !ay file a
verified petition in the proper court, alle"in" the facts with certainty and prayin" that &ud"!ent be rendered co!!andin" the respondent, i!!ediately or at
so!e other ti!e to be specified by the court, to do the act re7uired to be done to protect the ri"hts of the petitioner, and to pay the da!a"es sustained by
the petitioner by reason of the wron"ful acts of the respondent.
The petition shall also contain a sworn certification of non4foru! shoppin" as provided in the third para"raph of section ), Rule (+. ()a)
Section 4. !hen and where petition filed. The petition shall be filed not later than sixty (+<) days fro! notice of the &ud"!ent, order or resolution. *n case
a !otion for reconsideration or new trial is ti!ely filed, whether such !otion is re7uired or not, the sixty (+<) day period shall be counted fro! notice of the
denial of said !otion.
The petition shall be filed in the upre!e Court or, if it relates to the acts or o!issions of a lower court or of a corporation, board, officer or person, in the
Re"ional Trial Court exercisin" &urisdiction over the territorial area as defined by the upre!e Court. *t !ay also be filed in the Court of #ppeals whether or
not the sa!e is in aid of its appellate &urisdiction, or in the andi"anbayan if it is in aid of its appellate &urisdiction. *f it involves the acts or o!issions of a
7uasi4&udicial a"ency, unless otherwise provided by law or these Rules, the petition shall be filed in and co"ni'able only by the Court of #ppeals.
=o extension of ti!e to file the petition shall be "ranted except for co!pellin" reason and in no case exceedin" fifteen (10) days. ((a) (%ar 1atter =o. :<),
$1 Duly 1;;:- #.1. =o. <<4$4<)4C)
Section 5. Respondents and costs in certain cases. /hen the petition filed relates to the acts or o!issions of a &ud"e, court, 7uasi4&udicial a"ency,
tribunal, corporation, board, officer or person, the petitioner shall &oin, as private respondent or respondents with such public respondent or respondents, the
person or persons interested in sustainin" the proceedin"s in the court- and it shall be the duty of such private respondents to appear and defend, both in
his or their own behalf and in behalf of the public respondent or respondents affected by the proceedin"s, and the costs awarded in such proceedin"s in
favor of the petitioner shall be a"ainst the private respondents only, and not a"ainst the &ud"e, court, 7uasi4&udicial a"ency, tribunal, corporation, board,
officer or person i!pleaded as public respondent or respondents.
5nless otherwise specifically directed by the court where the petition is pendin", the public respondents shall not appear in or file an answer or co!!ent to
the petition or any pleadin" therein. *f the case is elevated to a hi"her court by either party, the public respondents shall be included therein as no!inal
parties. 6owever, unless otherwise specifically directed by the court, they shall not appear or participate in the proceedin"s therein. (0a)
Section 6. Order to comment. *f the petition is sufficient in for! and substance to &ustify such process, the court shall issue an order re7uirin" the
respondent or respondents to co!!ent on the petition within ten (1<) days fro! receipt of a copy thereof. uch order shall be served on the respondents in
such !anner as the court !ay direct to"ether with a copy of the petition and any annexes thereto.
*n petitions for certiorari before the upre!e Court and the Court of #ppeals, the provisions of section $, Rule 0+, shall be observed. %efore "ivin" due
course thereto, the court !ay re7uire the respondents to file their co!!ent to, and not a !otion to dis!iss, the petition. Thereafter, the court !ay re7uire
the filin" of a reply and such other responsive or other pleadin"s as it !ay dee! necessary and proper. (+a)
Section ". (*pediting proceedings- inunctive relief. The court in which the petition is filed !ay issue orders expeditin" the proceedin"s, and it !ay also
"rant a te!porary restrainin" order or a writ of preli!inary in&unction for the preservation of the ri"hts of the parties pendin" such proceedin"s. The petition
shall not interrupt the course of the principal case unless a te!porary restrainin" order or a writ of preli!inary in&unction has been issued a"ainst the public
respondent fro! further proceedin" in the case. (9a)
Section #. "roceedings after comment is filed. #fter the co!!ent or other pleadin"s re7uired by the court are filed, or the ti!e for the filin" thereof has
expired, the court !ay hear the case or re7uire the parties to sub!it !e!oranda. *f after such hearin" or sub!ission of !e!oranda or the expiration of the
period for the filin" thereof the court finds that the alle"ations of the petition are true, it shall render &ud"!ent for the relief prayed for or to which the
petitioner is entitled.
The court, however, !ay dis!iss the petition if it finds the sa!e to be patently without !erit, prosecuted !anifestly for delay, or that the 7uestions raised
therein are too unsubstantial to re7uire consideration. (:a)
Section $. Service and enforcement of order or udgment. # certified copy of the &ud"!ent rendered in accordance with the last precedin" section shall
be served upon the court, 7uasi4&udicial a"ency, tribunal, corporation, board, officer or person concerned in such !anner as the court !ay direct, and
disobedience thereto shall be punished as conte!pt. #n execution !ay issue for any da!a"es or costs awarded in accordance with section 1 of Rule );.
(;a)
RULE 66
Quo Warranto
Section 1. &ction by +overnment against individuals. #n action for the usurpation of a public office, position or franchise !ay be co!!enced by a
verified petition brou"ht in the na!e of the Republic of the 8hilippines a"ainst.
(a) # person who usurps, intrudes into, or unlawfully holds or exercises a public office, position or franchise-
(b) # public officer who does or suffers an act which, by the provision of law, constitutes a "round for the forfeiture of his office- or
(c) #n association which acts as a corporation within the 8hilippines without bein" le"ally incorporated or without lawful authority so to act. (1a)
Section 2. !hen Solicitor +eneral or public prosecutor must commence action. The olicitor ?eneral or a public prosecutor, when directed by the
8resident of the 8hilippines, or when upon co!plaint or otherwise he has "ood reason to believe that any case specified in the precedin" section can be
established by proof, !ust co!!ence such action. ()a)
Section 3. !hen Solicitor +eneral or public prosecutor may commence action with permission of court. The olicitor ?eneral or a public prosecutor !ay,
with the per!ission of the court in which the action is to be co!!enced, brin" such an action at the re7uest and upon the relation of another person- but in
such case the officer brin"in" it !ay first re7uire an inde!nity for the expenses and costs of the action in an a!ount approved by and to be deposited in the
court by the person at whose re7uest and upon whose relation the sa!e is brou"ht. ((a)
Section 4. !hen hearing had on application for permission to commence action. 5pon application for per!ission to co!!ence such action in
accordance with the next precedin" section, the court shall direct that notice be "iven to the respondent so that he !ay be heard in opposition thereto- and if
per!ission is "ranted, the court shall issue an order to that effect, copies of which shall be served on all interested parties, and the petition shall then be filed
within the period ordered by the court. (0a)
Section 5. !hen an individual may commence such an action. # person clai!in" to be entitled to a public office or position usurped or unlawfully held or
exercised by another !ay brin" an action therefor in his own na!e. (+)
Section 6. "arties and contents of petition against usurpation. /hen the action is a"ainst a person for usurpin" a public office, position or franchise, the
petition shall set forth the na!e of the person who clai! to be entitled thereto, if any, with an aver!ent of his ri"ht to the sa!e and that the respondent is
unlawfully in possession thereof. #ll persons who clai! to be entitled to the public office, position or franchise !ay be !ade parties, and their respective
ri"hts to such public office, position or franchise deter!ined, in the sa!e action. (9a)
Section ". ,enue. #n action under the precedin" six sections can be brou"ht only in the upre!e Court, the Court of #ppeals, or in the Re"ional Trial
Court exercisin" &urisdiction over the territorial area where the respondent or any of the respondents resides, but when the olicitor ?eneral co!!ences the
action, it !ay be brou"ht in a Re"ional Trial Court in the City of 1anila, in the Court of #ppeals, or in the upre!e Court. (:a)
Section #. "eriod for pleadings and proceedings may be reduced- action given precedence. The court !ay reduce the period provided by these Rules for
filin" pleadin"s and for all other proceedin"s in the action in order to secure the !ost expeditious deter!ination of the !atters involved therein consistent
with the ri"hts of the parties. uch action !ay be "iven precedence over any other civil !atter pendin" in the court. (;a)
Section $. Judgment where usurpation found. /hen the respondent is found "uilty of usurpin" into, intrudin" into, or unlawfully holdin" or exercisin" a
public office, position or franchise, &ud"!ent shall be rendered that such respondent be ousted and alto"ether excluded therefro!, and that the petitioner or
relator, as the case !ay be, recover his costs. uch further &ud"!ent !ay be rendered deter!inin" the respective ri"hts in and to the public office, position
or franchise of all the parties to the action as &ustice re7uires. (1<a)
Section 1%. Rights of persons adudged entitled to public office- delivery of boo's and papers- damages. *f &ud"!ent be rendered in favor of the person
averred in the co!plaint to be entitled to the public office he !ay, after takin" the oath of office and executin" any official bond re7uired by law, take upon
hi!self the execution of the office, and !ay i!!ediately thereafter de!and of the respondent all the books and papers in the respondentBs custody or
control appertainin" to the office to which the &ud"!ent relates. *f the respondent refuses or ne"lects to deliver any book or paper pursuant to such de!and,
he !ay be punished for conte!pt as havin" disobeyed a lawful order of the court. The person ad&ud"ed entitled to the office !ay also brin" action a"ainst
the respondent to recover the da!a"es sustained by such person by reason of the usurpation. (10a)
Section 11. 6imitations. =othin" contained in this Rule shall be construed to authori'e an action a"ainst a public officer or e!ployee for his ouster fro!
office unless the sa!e be co!!enced within one (1) year after the cause of such ouster, or the ri"ht of the petitioner to hold such office or position, arose,
nor to authori'e an action for da!a"es in accordance with the provisions of the next precedin" section unless the sa!e be co!!enced within one (1) year
after the entry of the &ud"!ent establishin" the petitionerBs ri"ht to the office in 7uestion. (1+a)
Section 12. Judgment for costs. *n an action brou"ht in accordance with the provisions of this Rule, the court !ay render &ud"!ent for costs a"ainst
either the petitioner, the relator, or the respondent, or the person or persons clai!in" to be a corporation, or !ay apportion the costs, as &ustice re7uires.
(19a)
RULE 6"
E8/ro/riation
Section 1. The complaint. The ri"ht of e!inent do!ain shall be exercised by the filin" of a verified co!plaint which shall state with certainty the ri"ht and
purpose of expropriation, describe the real or personal property sou"ht to be expropriated, and &oin as defendants all persons ownin" or clai!in" to own, or
occupyin", any part thereof or interest therein, showin", so far as practicable, the separate interest of each defendant. *f the title to any property sou"ht to be
expropriated appears to be in the Republic of the 8hilippines, althou"h occupied by private individuals, or if the title is otherwise obscure or doubtful so that
the plaintiff cannot with accuracy or certainty specify who are the real owners, aver!ent to that effect shall be !ade in the co!plaint. (1a)
Section 2. (ntry of plaintiff upon depositing value with authori4ed government depositary. 5pon the filin" of the co!plaint or at any ti!e thereafter and
after due notice to the defendant, the plaintiff shall have the ri"ht to take or enter upon the possession of the real property involved if he deposits with the
authori'ed "overn!ent depositary an a!ount e7uivalent to the assessed value of the property for purposes of taxation to be held by such bank sub&ect to
the orders of the court. uch deposit shall be in !oney, unless in lieu thereof the court authori'es the deposit of a certificate of deposit of a "overn!ent bank
of the Republic of the 8hilippines payable on de!and to the authori'ed "overn!ent depositary.
*f personal property is involved, its value shall be provisionally ascertained and the a!ount to be deposited shall be pro!ptly fixed by the court.
#fter such deposit is !ade the court shall order the sheriff or other proper officer to forthwith place the plaintiff in possession of the property involved and
pro!ptly sub!it a report thereof to the court with service of copies to the parties. ($a)
Section 3. )efenses and obections. *f a defendant has no ob&ection or defense to the action or the takin" of his property, he !ay file and serve a notice
of appearance and a !anifestation to that effect, specifically desi"natin" or identifyin" the property in which he clai!s to be interested, within the ti!e stated
in the su!!ons. Thereafter, he shall be entitled to notice of all proceedin"s affectin" the sa!e.
*f a defendant has any ob&ection to the filin" of or the alle"ations in the co!plaint, or any ob&ection or defense to the takin" of his property, he shall serve his
answer within the ti!e stated in the su!!ons. The answer shall specifically desi"nate or identify the property in which he clai!s to have an interest, state
the nature and extent of the interest clai!ed, and adduce all his ob&ections and defenses to the takin" of his property. =o counterclai!, cross4clai! or third4
party co!plaint shall be alle"ed or allowed in the answer or any subse7uent pleadin".
# defendant waives all defenses and ob&ections not so alle"ed but the court, in the interest of &ustice, !ay per!it a!end!ents to the answer to be !ade not
later than ten (1<) days fro! the filin" thereof. 6owever, at the trial of the issue of &ust co!pensation whether or not a defendant has previously appeared or
answered, he !ay present evidence as to the a!ount of the co!pensation to be paid for his property, and he !ay share in the distribution of the award. (n)
Section 4. Order of e*propriation. *f the ob&ections to and the defenses a"ainst the ri"ht of the plaintiff to expropriate the property are overruled, or when
no party appears to defend as re7uired by this Rule, the court !ay issue an order of expropriation declarin" that the plaintiff has a lawful ri"ht to take the
property sou"ht to be expropriated, for the public use or purpose described in the co!plaint, upon the pay!ent of &ust co!pensation to be deter!ined as of
the date of the takin" of the property or the filin" of the co!plaint, whichever ca!e first.
# final order sustainin" the ri"ht to expropriate the property !ay be appealed by any party a""rieved thereby. uch appeal, however, shall not prevent the
court fro! deter!inin" the &ust co!pensation to be paid.
#fter the rendition of such an order, the plaintiff shall not be per!itted to dis!iss or discontinue the proceedin" except on such ter!s as the court dee!s &ust
and e7uitable. ((a)
Section 5. &scertainment of compensation. 5pon the rendition of the order of expropriation, the court shall appoint not !ore than three ()) co!petent
and disinterested persons as co!!issioners to ascertain and report to the court the &ust co!pensation for the property sou"ht to be taken. The order of
appoint!ent shall desi"nate the ti!e and place of the first session of the hearin" to be held by the co!!issioners and specify the ti!e within which their
report shall be sub!itted to the court.
Copies of the order shall be served on the parties. 2b&ections to the appoint!ent of any of the co!!issioners shall be filed with the court within ten (1<)
days fro! service, and shall be resolved within thirty ()<) days after all the co!!issioners shall have received copies of the ob&ections. (0a)
Section 6. "roceedings by commissioners. %efore enterin" upon the perfor!ance of their duties, the co!!issioners shall take and subscribe an oath
that they will faithfully perfor! their duties as co!!issioners, which oath shall be filed in court with the other proceedin"s in the case. ,vidence !ay be
introduced by either party before the co!!issioners who are authori'ed to ad!inister oaths on hearin"s before the!, and the co!!issioners shall, unless
the parties consent to the contrary, after due notice to the parties, to attend, view and exa!ine the property sou"ht to be expropriated and its surroundin"s,
and !ay !easure the sa!e, after which either party !ay, by hi!self or counsel, ar"ue the case. The co!!issioners shall assess the conse7uential
da!a"es to the property not taken and deduct fro! such conse7uential da!a"es the conse7uential benefits to be derived by the owner fro! the public use
or purpose of the property taken, the operation of its franchise by the corporation or the carryin" on of the business of the corporation or person takin" the
property. %ut in no case shall the conse7uential benefits assessed exceed the conse7uential da!a"es assessed, or the owner be deprived of the actual
value of his property so taken. (+a)
Section ". Report by commissioners and udgment thereupon. The court !ay order the co!!issioners to report when any particular portion of the real
estate shall have been passed upon by the!, and !ay render &ud"!ent upon such partial report, and direct the co!!issioners to proceed with their work as
to subse7uent portions of the property sou"ht to be expropriated, and !ay fro! ti!e to ti!e so deal with such property. The co!!issioners shall !ake a full
and accurate report to the court of all their proceedin"s, and such proceedin"s shall not be effectual until the court shall have accepted their report and
rendered &ud"!ent in accordance with their reco!!endations. ,xcept as otherwise expressly ordered by the court, such report shall be filed within sixty
(+<) days fro! the date the co!!issioners were notified of their appoint!ent, which ti!e !ay be extended in the discretion of the court. 5pon the filin" of
such report, the clerk of the court shall serve copies thereof on all interested parties, with notice that they are allowed ten (1<) days within which to file
ob&ections to the findin"s of the report, if they so desire. (9a)
Section #. &ction upon commissionersB report. 5pon the expiration of the period of ten (1<) days referred to in the precedin" section, or even before the
expiration of such period but after all the interested parties have filed their ob&ections to the report or their state!ent of a"ree!ent therewith, the court !ay,
after hearin", accept the report and render &ud"!ent in accordance therewith, or, for cause shown, it !ay reco!!it the sa!e to the co!!issioners for
further report of facts, or it !ay set aside the report and appoint new co!!issioners- or it !ay accept the report in part and re&ect it in part and it !ay !ake
such order or render such &ud"!ent as shall secure to the plaintiff the property essential to the exercise of his ri"ht of expropriation, and to the defendant
&ust co!pensation for the property so taken. (:a)
Section $. %ncertain ownership- conflicting claims. *f the ownership of the property taken is uncertain, or there are conflictin" clai!s to any part thereof,
the court !ay order any su! or su!s awarded as co!pensation for the property to be paid to the court for the benefit of the person ad&ud"ed in the sa!e
proceedin" to be entitled thereto. %ut the &ud"!ent shall re7uire the pay!ent of the su! or su!s awarded to either the defendant or the court before the
plaintiff can enter upon the property, or retain it for the public use or purpose if entry has already been !ade. (;a)
Section 1%. Rights of plaintiff after udgment and payment. 5pon pay!ent by the plaintiff to the defendant of the co!pensation fixed by the &ud"!ent,
with le"al interest thereon fro! the takin" of the possession of the property, or after tender to hi! of the a!ount so fixed and pay!ent of the costs, the
plaintiff shall have the ri"ht to enter upon the property expropriated and to appropriate it for the public use or purpose defined in the &ud"!ent, or to retain it
should he have taken i!!ediate possession thereof under the provisions of section $ hereof. *f the defendant and his counsel absent the!selves fro! the
court, or decline to receive the a!ount tendered, the sa!e shall be ordered to be deposited in court and such deposit shall have the sa!e effect as actual
pay!ent thereof to the defendant or the person ulti!ately ad&ud"ed entitled thereto. (1<a)
Section 11. (ntry not delayed by appeal- effect of reversal. The ri"ht of the plaintiff to enter upon the property of the defendant and appropriate the sa!e
for public use or purpose shall not be delayed by an appeal fro! the &ud"!ent. %ut if the appellate court deter!ines that plaintiff has no ri"ht of
expropriation, &ud"!ent shall be rendered orderin" the Re"ional Trial Court to forthwith enforce the restoration to the defendant of the possession of the
property, and to deter!ine the da!a"es which the defendant sustained and !ay recover by reason of the possession taken by the plaintiff. (11a)
Section 12. Costs- by whom paid. The fees of the co!!issioners shall be taxed as a part of the costs of the proceedin"s. #ll costs, except those of rival
clai!ants liti"atin" their clai!s, shall be paid by the plaintiff, unless an appeal is taken by the owner of the property and the &ud"!ent is affir!ed, in which
event the costs of the appeal shall be paid by the owner. (1$a)
Section 13. Recording udgment, and its effect. The &ud"!ent entered in expropriation proceedin"s shall state definitely, by an ade7uate description, the
particular property or interest therein expropriated, and the nature of the public use or purpose for which it is expropriated. /hen real estate is expropriated,
a certified copy of such &ud"!ent shall be recorded in the re"istry of deeds of the place in which the property is situated, and its effect shall be to vest in the
plaintiff the title to the real estate so described for such public use or purpose. (1)a)
Section 14. "ower of guardian in such proceedings. The "uardian or "uardian ad litem of a !inor or of a person &udicially declared to be inco!petent
!ay, with the approval of the court first had, do and perfor! on behalf of his ward any act, !atter, or thin" respectin" the expropriation for public use or
purpose of property belon"in" to such !inor or person &udicially declared to be inco!petent, which such !inor or person &udicially declared to be
inco!petent could do in such proceedin"s if he were of a"e or co!petent. (1(a)
RULE 6#
.oreclosre o! Real Estate ,ort*a*e
Section 1. Complaint in action for foreclosure. *n an action for the foreclosure of a !ort"a"e or other encu!brance upon real estate, the co!plaint shall
set forth the date and due execution of the !ort"a"e- its assi"n!ents, if any- the na!es and residences of the !ort"a"or and the !ort"a"ee- a description
of the !ort"a"ed property- a state!ent of the date of the note or other docu!entary evidence of the obli"ation secured by the !ort"a"e, the a!ount
clai!ed to be unpaid thereon- and the na!es and residences of all persons havin" or clai!in" an interest in the property subordinate in ri"ht to that of the
holder of the !ort"a"e, all of who! shall be !ade defendants in the action. (1a)
Section 2. Judgment on foreclosure for payment or sale. *f upon the trial in such action the court shall find the facts set forth in the co!plaint to be true, it
shall ascertain the a!ount due to the plaintiff upon the !ort"a"e debt or obli"ation, includin" interest and other char"es as approved by the court, and
costs, and shall render &ud"!ent for the su! so found due and order that the sa!e be paid to the court or to the &ud"!ent obli"ee within a period of not less
than ninety (;<) days nor !ore than one hundred twenty (1$<) days fro! the entry of &ud"!ent, and that in default of such pay!ent the property shall be
sold at public auction to satisfy the &ud"!ent. ($a)
Section 3. Sale of mortgaged property- effect. /hen the defendant, after bein" directed to do so as provided in the next precedin" section, fails to pay
the a!ount of the &ud"!ent within the period specified therein, the court, upon !otion, shall order the property to be sold in the !anner and under the
provisions of Rule ); and other re"ulations "overnin" sales of real estate under execution. uch sale shall not affect the ri"hts of persons holdin" prior
encu!brances upon the property or a part thereof, and when confir!ed by an order of the court, also upon !otion, it shall operate to divest the ri"hts in the
property of all the parties to the action and to vest their ri"hts in the purchaser, sub&ect to such ri"hts of rede!ption as !ay be allowed by law.
5pon the finality of the order of confir!ation or upon the expiration of the period of rede!ption when allowed by law, the purchaser at the auction sale or last
rede!ptioner, if any, shall be entitled to the possession of the property unless a third party is actually holdin" the sa!e adversely to the &ud"!ent obli"or.
The said purchaser or last rede!ptioner !ay secure a writ of possession, upon !otion, fro! the court which ordered the foreclosure. ()a)
Section 4. )isposition of proceeds of sale. The a!ount reali'ed fro! the foreclosure sale of the !ort"a"ed property shall, after deductin" the costs of
the sale, be paid to the person foreclosin" the !ort"a"e, and when there shall be any balance or residue, after payin" off the !ort"a"e debt due, the sa!e
shall be paid to &unior encu!brancers in the order of their priority, to be ascertained by the court, or if there be no such encu!brancers or there be a balance
or residue after pay!ent to the!, then to the !ort"a"or or his duly authori'ed a"ent, or to the person entitled to it. ((a)
Section 5. 2ow sale to proceed in case the debt is not all due. *f the debt for which the !ort"a"e or encu!brance was held is not all due as provided in
the &ud"!ent as soon as a sufficient portion of the property has been sold to pay the total a!ount and the costs due, the sale shall ter!inate- and afterwards
as often as !ore beco!es due for principal or interest and other valid char"es, the court !ay, on !otion, order !ore to be sold. %ut if the property cannot
be sold in portions without pre&udice to the parties, the whole shall be ordered to be sold in the first instance, and the entire debt and costs shall be paid, if
the proceeds of the sale be sufficient therefor, there bein" a rebate of interest where such rebate is proper. (0a)
Section 6. )eficiency udgment. *f upon the sale of any real property as provided in the next precedin" section there be a balance due to the plaintiff after
applyin" the proceeds of the sale, the court, upon !otion, shall render &ud"!ent a"ainst the defendant for any such balance for which, by the record of the
case, he !ay be personally liable to the plaintiff, upon which execution !ay issue i!!ediately if the balance is all due at the ti!e of the rendition of the
&ud"!ent- otherwise- the plaintiff shall be entitled to execution at such ti!e as the balance re!ainin" beco!es due under the ter!s of the ori"inal contract,
which ti!e shall be stated in the &ud"!ent. (+a)
Section ". Registration. # certified copy of the final order of the court confir!in" the sale shall be re"istered in the re"istry of deeds. *f no ri"ht of
rede!ption exists, the certificate of title in the na!e of the !ort"a"or shall be cancelled, and a new one issued in the na!e of the purchaser.
/here a ri"ht of rede!ption exists, the certificate of title in the na!e of the !ort"a"or shall not be cancelled, but the certificate of sale and the order
confir!in" the sale shall be re"istered and a brief !e!orandu! thereof !ade by the re"istrar of deeds upon the certificate of title. *n the event the property
is redee!ed, the deed of rede!ption shall be re"istered with the re"istry of deeds, and a brief !e!orandu! thereof shall be !ade by the re"istrar of deeds
on said certificate of title.
*f the property is not redee!ed, the final deed of sale executed by the sheriff in favor of the purchaser at the foreclosure sale shall be re"istered with the
re"istry of deeds- whereupon the certificate of title in the na!e of the !ort"a"or shall be cancelled and a new one issued in the na!e of the purchaser. (n)
Section #. &pplicability of other provisions. The provisions of sections )1, )$ and )( of Rule ); shall be applicable to the &udicial foreclosure of real
estate !ort"a"es under this Rule insofar as the for!er are not inconsistent with or !ay serve to supple!ent the provisions of the latter. (:a)
RULE 6$
Partition
Section 1. Complaint in action for partition of real estate. # person havin" the ri"ht to co!pel the partition of real estate !ay do so as provided in this
Rule, settin" forth in his co!plaint the nature and extent of his title and an ade7uate description of the real estate of which partition is de!anded and &oinin"
as defendants all other persons interested in the property. (1a)
Section 2. Order for partition and partition by agreement thereunder. *f after the trial the court finds that the plaintiff has the ri"ht thereto, it shall order the
partition of the real estate a!on" all the parties in interest. Thereupon the parties !ay, if they are able to a"ree, !ake the partition a!on" the!selves by
proper instru!ents of conveyance, and the court shall confir! the partition so a"reed upon by all the parties, and such partition, to"ether with the order of
the court confir!in" the sa!e, shall be recorded in the re"istry of deeds of the place in which the property is situated. ($a)
# final order decreein" partition and accountin" !ay be appealed by any party a""rieved thereby. (n)
Section 3. Commissioners to ma'e partition when parties fail to agree. *f the parties are unable to a"ree upon the partition, the court shall appoint not
!ore than three ()) co!petent and disinterested persons as co!!issioners to !ake the partition, co!!andin" the! to set off to the plaintiff and to each
party in interest such part and proportion of the property as the court shall direct. ()a)
Section 4. Oath and duties of commissioners. %efore !akin" such partition- the co!!issioners shall take and subscribe an oath that they will faithfully
perfor! their duties as co!!issioners, which oath shall be filed in court with the other proceedin"s in the case. *n !akin" the partition, the co!!issioners
shall view and exa!ine the real estate, after due notice to the parties to attend at such view and exa!ination, and shall hear the parties as to their
preference in the portion of the property to be set apart to the! and the co!parative value thereof, and shall set apart the sa!e to the parties in lots or
parcels as will be !ost advanta"eous and e7uitable, havin" due re"ard to the i!prove!ents, situation and 7uality of the different parts thereof. ((a)
Section 5. &ssignment or sale of real estate by commissioners. /hen it is !ade to appear to the co!!issioners that the real state, or a portion thereof,
cannot be divided without pre&udice to the interests of the parties, the court !ay order it assi"ned to one of the parties willin" to take the sa!e, provided he
pays to the other parties such a!ount as the co!!issioners dee! e7uitable, unless one of the interested parties asks that the property be sold instead of
bein" so assi"ned, in which case the court shall order the co!!issioners to sell the real estate at public sale under such conditions and within such ti!e as
the court !ay deter!ine. (0a)
Section 6. Report of commissioners- proceedings not binding until confirmed. The co!!issioners shall !ake a full and accurate report to the court of all
their proceedin"s as to the partition, or the assi"n!ent of real estate to one of the parties, or the sale of the sa!e. 5pon the filin" of such report, the clerk of
court shall serve copies thereof on all the interested parties with notice that they are allowed ten (1<) days within which to file ob&ections to the findin"s of the
report, if they so desire. =o proceedin" had before or conducted by the co!!issioners and rendered &ud"!ent thereon. (+a)
Section ". &ction of the court upon commissioners report. 5pon the expiration of the period of ten (1<) days referred to in the precedin" section or even
before the expiration of such period but after the interested parties have filed their ob&ections to the report or their state!ent of a"ree!ent therewith the
court !ay, upon hearin", accept the report and render &ud"!ent in accordance therewith, or, for cause shown reco!!it the sa!e to the co!!issioners for
further report of facts- or set aside the report and appoint new co!!issioners- or accept the report in part and re&ect it in part- and !ay !ake such order and
render such &ud"!ent as shall effectuate a fair and &ust partition of the real estate, or of its value, if assi"ned or sold as above provided, between the several
owners thereof. (9)
Section #. &ccounting for rent and profits in action for partition. *n an action for partition in accordance with this Rule, a party shall recover fro! another
his &ust share of rents and profits received by such other party fro! the real estate in 7uestion, and the &ud"!ent shall include an allowance for such rents
and profits. (:a)
Section $. "ower of guardian in such proceedings. The "uardian or "uardian ad litem of a !inor or person &udicially declared to be inco!petent !ay,
with the approval of the court first had, do and perfor! on behalf of his ward any act, !atter, or thin" respectin" the partition of real estate, which the !inor
or person &udicially declared to be inco!petent could do in partition proceedin"s if he were of a"e or co!petent. (;a)
Section 1%. Costs and e*penses to be ta*ed and collected. The court shall e7uitably tax and apportion between or a!on" the parties the costs and
expenses which accrue in the action, includin" the co!pensation of the co!!issioners, havin" re"ard to the interests of the parties, and execution !ay
issue therefor as in other cases. (1<a)
Section 11. The udgment and its effect- copy to be recorded in registry of deeds. *f actual partition of property is !ade, the &ud"!ent shall state
definitely, by !etes and bounds and ade7uate description, the particular portion of the real estate assi"ned to each party, and the effect of the &ud"!ent
shall be to vest in each party to the action in severalty the portion of the real estate assi"ned to hi!. *f the whole property is assi"ned to one of the parties
upon his payin" to the others the su! or su!s ordered by the court, the &ud"!ent shall state the fact of such pay!ent and of the assi"n!ent of the real
estate to the party !akin" the pay!ent, and the effect of the &ud"!ent shall be to vest in the party !akin" the pay!ent the whole of the real estate free fro!
any interest on the part of the other parties to the action. *f the property is sold and the sale confir!ed by the court, the &ud"!ent shall state the na!e of the
purchaser or purchasers and a definite description of the parcels of real estate sold to each purchaser, and the effect of the &ud"!ent shall be to vest the
real estate in the purchaser or purchasers !akin" the pay!ent or pay!ents, free fro! the clai!s of any of the parties to the action. # certified copy of the
&ud"!ent shall in either case be recorded in the re"istry of deeds of the place in which the real estate is situated, and the expenses of such recordin" shall
be taxed as part of the costs of the action. (11a)
Section 12. #either paramount rights nor amicable partition affected by this Rule. =othin" in this Rule contained shall be construed so as to pre&udice,
defeat, or destroy the ri"ht or title of any person clai!in" the real estate involved by title under any other person, or by title para!ount to the title of the
parties a!on" who! the partition !ay have been !ade, nor so as to restrict or prevent persons holdin" real estate &ointly or in co!!on fro! !akin" an
a!icable partition thereof by a"ree!ent and suitable instru!ents of conveyance without recourse to an action. (1$a)
Section 13. "artition of personal property. The provisions of this Rule shall apply to partitions of estates co!posed of personal property, or of both real
and personal property, in so far as the sa!e !ay be applicable. (1))
RULE "%
.orci7le Entry and Unla9!l 5etainer
Section 1. !ho may institute proceedings, and when. ub&ect to the provisions of the next succeedin" section, a person deprived of the possession of
any land or buildin" by force, inti!idation, threat, strate"y, or stealth, or a lessor, vendor, vendee, or other person a"ainst who! the possession of any land
or buildin" is unlawfully withheld after the expiration or ter!ination of the ri"ht to hold possession, by virtue of any contract, express or i!plied, or the le"al
representatives or assi"ns of any such lessor, vendor, vendee, or other person, !ay, at any ti!e within one (1) year after such unlawful deprivation or
withholdin" of possession, brin" an action in the proper 1unicipal Trial Court a"ainst the person or persons unlawfully withholdin" or deprivin" of
possession, or any person or persons clai!in" under the!, for the restitution of such possession, to"ether with da!a"es and costs. (1a)
Section 2. 6essor to proceed against lessee only after demand. 5nless otherwise stipulated, such action by the lesser shall be co!!enced only after
de!and to pay or co!ply with the conditions of the lease and to vacate is !ade upon the lessee, or by servin" written notice of such de!and upon the
person found on the pre!ises if no person be found thereon, and the lessee fails to co!ply therewith after fifteen (10) days in the case of land or five (0)
days in the case of buildin"s. ($a)
Section 3. Summary procedure. ,xcept in cases covered by the a"ricultural tenancy laws or when the law otherwise expressly provides, all actions for
forcible entry and unlawful detainer, irrespective of the a!ount of da!a"es or unpaid rentals sou"ht to be recovered, shall be "overned by the su!!ary
procedure hereunder provided. (n)
Section 4. "leadings allowed. The only pleadin"s allowed to be filed are the co!plaint, co!pulsory counterclai! and cross4clai! pleaded in the answer,
and the answers thereto. #ll pleadin"s shall be verified. ()a, R8)
Section 5. &ction on complaint. The court !ay, fro! an exa!ination of the alle"ations in the co!plaint and such evidence as !ay be attached thereto,
dis!iss the case outri"ht on any of the "rounds for the dis!issal of a civil action which are apparent therein. *f no "round for dis!issal is found, it shall
forthwith issue su!!ons. (n)
Section 6. &nswers. /ithin ten (1<) days fro! service of su!!ons, the defendant shall file his answer to the co!plaint and serve a copy thereof on the
plaintiff. #ffir!ative and ne"ative defenses not pleaded therein shall be dee!ed waived, except lack of &urisdiction over the sub&ect !atter. Cross4clai!s and
co!pulsory counterclai!s not asserted in the answer shall be considered barred. The answer to counterclai!s or cross4clai!s shall be served and filed
within ten (1<) days fro! service of the answer in which they are pleaded. (0 R8)
Section ". (ffect of failure to answer. hould the defendant fail to answer the co!plaint within the period above provided, the court, motu proprio or on
!otion of the plaintiff, shall render &ud"!ent as !ay be warranted by the facts alle"ed in the co!plaint and li!ited to what is prayed for therein. The court
!ay in its discretion reduce the a!ount of da!a"es and attorneyBs fees clai!ed for bein" excessive or otherwise unconscionable, without pre&udice to the
applicability of section ) (c), Rule ; if there are two or !ore defendants.
(+, R8)
Section #. "reliminary conference- appearance of parties. =ot later than thirty ()<) days after the last answer is filed, a preli!inary conference shall be
held. The provisions of Rule 1: on pre4trial shall be applicable to the preli!inary conference unless inconsistent with the provisions of this Rule.
The failure of the plaintiff to appear in the preli!inary conference shall be cause for the dis!issal of his co!plaint. The defendant who appears in the
absence of the plaintiff shall be entitled to &ud"!ent on his counterclai! in accordance with the next precedin" section. #ll cross4clai!s shall be dis!issed.
(9, R8)
*f a sole defendant shall fail to appear, the plaintiff shall likewise be entitled to &ud"!ent in accordance with the next precedin" section. This procedure shall
not apply where one of two or !ore defendants sued under a co!!on cause of action defense shall appear at the preli!inary conference.
=o postpone!ent of the preli!inary conference shall be "ranted except for hi"hly !eritorious "rounds and without pre&udice to such sanctions as the court
in the exercise of sound discretion !ay i!pose on the !ovant. (n)
Section $. Record of preliminary conference. /ithin five (0) days after the ter!ination of the preli!inary conference, the court shall issue an order statin"
the !atters taken up therein, includin" but not li!ited to.
1. /hether the parties have arrived at an a!icable settle!ent, and if so, the ter!s thereof-
$. The stipulations or ad!issions entered into by the parties-
). /hether, on the basis of the pleadin"s and the stipulations and ad!ission !ade by the parties, &ud"!ent !ay be rendered without the need of further
proceedin"s, in which event the &ud"!ent shall be rendered within thirty ()<) days fro! issuance of the order-
(. # clear specification of !aterial facts which re!ain converted- and
0. uch other !atters intended to expedite the disposition of the case. (:, R8)
Section 1%. Submission of affidavits and position papers. /ithin ten (1<) days fro! receipt of the order !entioned in the next precedin" section, the
parties shall sub!it the affidavits of their witnesses and other evidence on the factual issues defined in the order, to"ether with their position papers settin"
forth the law and the facts relied upon by the!. (;, R8)
Section 11. "eriod for rendition of udgment. /ithin thirty ()<) days after receipt of the affidavits and position papers, or the expiration of the period for
filin" the sa!e, the court shall render &ud"!ent.
6owever, should the court find it necessary to clarify certain !aterial facts, durin" the said period, issue an order specifyin" the !atters to be clarified, and
re7uire the parties to sub!it affidavits or other evidence on the said !atters within ten (1<) days fro! receipt of said order. Dud"!ent shall be rendered
within fifteen (10) days after the receipt of the last affidavit or the expiration of the period for filin" the sa!e.
The court shall not resort to the fore"oin" procedure &ust to "ain ti!e for the rendition of the &ud"!ent. (n)
Section 12. Referral for conciliation. Cases re7uirin" referral for conciliation, where there is no showin" of co!pliance with such re7uire!ent, shall be
dis!issed without pre&udice, and !ay be revived only after that re7uire!ent shall have been co!plied with. (1:a, R8)
Section 13. "rohibited pleadings and motions. The followin" petitions, !otions, or pleadin"s shall not be allowed.
1. 1otion to dis!iss the co!plaint except on the "round of lack of &urisdiction over the sub&ect !atter, or failure to co!ply with section 1$-
$. 1otion for a bill of particulars-
). 1otion for new trial, or for reconsideration of a &ud"!ent, or for reopenin" of trial-
(. 8etition for relief fro! &ud"!ent-
0. 1otion for extension of ti!e to file pleadin"s, affidavits or any other paper-
+. 1e!oranda-
9. 8etition for certiorari, mandamus, or prohibition a"ainst any interlocutory order issued by the court-
:. 1otion to declare the defendant in default-
;. Cilatory !otions for postpone!ent-
1<. Reply-
11. Third4party co!plaints-
1$. *nterventions. (1;a, R8)
Section 14. &ffidavits. The affidavits re7uired to be sub!itted under this Rule shall state only facts of direct personal knowled"e of the affiants which are
ad!issible in evidence, and shall show their co!petence to testify to the !atters stated therein.
# violation of this re7uire!ent !ay sub&ect the party or the counsel who sub!its the sa!e to disciplinary action, and shall be cause to expun"e the
inad!issible affidavit or portion thereof fro! the record. ($<, R8)
Section 15. "reliminary inunction. The court !ay "rant preli!inary in&unction, in accordance with the provisions of Rule 0: hereof, to prevent the
defendant fro! co!!ittin" further acts of dispossession a"ainst the plaintiff.
# possessor deprived of his possession throu"h forcible fro! the filin" of the co!plaint, present a !otion in the action for forcible entry or unlawful detainer
for the issuance of a writ of preli!inary !andatory in&unction to restore hi! in his possession. The court shall decide the !otion within thirty ()<) days fro!
the filin" thereof. ()a)
Section 16. Resolving defense of ownership. /hen the defendant raises the defense of ownership in his pleadin"s and the 7uestion of possession
cannot be resolved without decidin" the issue of ownership, the issue of ownership shall be resolved only to deter!ine the issue of possession. ((a)
Section 1". Judgment. *f after trial court finds that the alle"ations of the co!plaint are true, it shall render &ud"!ent in favor of the plaintiff for the
restitution of the pre!ises, the su! &ustly due as arrears of rent or as reasonable co!pensation for the use and occupation of the pre!ises, attorneyBs fees
and costs. *f a counterclai! is established, the court shall render &ud"!ent for the su! found in arrears fro! either party and award costs as &ustice re7uires.
(+a)
Section 1#. Judgment conclusive only on possession- not conclusive in actions involving title or ownership. The &ud"!ent rendered in an action for
forcible entry or detainer shall be conclusive with respect to the possession only and shall in no wise bind the title or affect the ownership of the land or
buildin". uch &ud"!ent shall not bar an action between the sa!e parties respectin" title to the land or buildin".
The &ud"!ent or final order shall be appealable to the appropriate Re"ional Trial Court which shall decide the sa!e on the basis of the entire record of the
proceedin"s had in the court of ori"in and such !e!oranda andFor briefs as !ay be sub!itted by the parties or re7uired by the Re"ional Trial Court. (9a)
Section 1$. Immediate e*ecution of udgment- how to stay same. *f &ud"!ent is rendered a"ainst the defendant, execution shall issue i!!ediately upon
!otion unless an appeal has been perfected and the defendant to stay execution files a sufficient supersedeas bond, approved by the 1unicipal Trial Court
and executed in favor of the plaintiff to pay the rents, da!a"es, and costs accruin" down to the ti!e of the &ud"!ent appealed fro!, and unless, durin" the
pendency of the appeal, he deposits with the appellate court the a!ount of rent due fro! ti!e to ti!e under the contract, if any, as deter!ined by the
&ud"!ent of the 1unicipal Trial Court. *n the absence of a contract, he shall deposit with the Re"ional Trial Court the reasonable value of the use and
occupation of the pre!ises for the precedin" !onth or period at the rate deter!ined by the &ud"!ent of the lower court on or before the tenth day of each
succeedin" !onth or period. The supersedeas bond shall be trans!itted by the 1unicipal Trial Court, with the papers, to the clerk of the Re"ional Trial Court
to which the action is appealed.
#ll a!ounts so paid to the appellate court shall be deposited with said court or authori'ed "overn!ent depositary bank, and shall be held there until the final
disposition of the appeal, unless the court, by a"ree!ent of the interested parties, or in the absence of reasonable "rounds of opposition to a !otion to
withdraw, or for &ustifiable reasons, shall decree otherwise. hould the defendant fail to !ake the pay!ents above prescribed fro! ti!e to ti!e durin" the
pendency of the appeal, the appellate court, upon !otion of the plaintiff, and upon proof of such failure, shall order the execution of the &ud"!ent appealed
fro! with respect to the restoration of possession, but such execution shall not be a bar to the appeal takin" its course until the final disposition thereof on
the !erits.
#fter the case is decided by the Re"ional Trial Court, any !oney paid to the court by the defendant for purposes of the stay of execution shall be disposed
of in accordance with the provisions of the &ud"!ent of the Re"ional Trial Court. *n any case wherein it appears that the defendant has been deprived of the
lawful possession of land or buildin" pendin" the appeal by virtue of the execution of the &ud"!ent of the 1unicipal Trial Court, da!a"es for such
deprivation of possession and restoration of possession and restoration of possession !ay be allowed the defendant in the &ud"!ent of the Re"ional Trial
Court disposin" of the appeal. (:a)
Section 2%. "reliminary mandatory inunction in case of appeal. 5pon !otion of the plaintiff, within ten (1<) days fro! the perfection of the appeal to the
Re"ional Trial Court, the latter !ay issue a writ of preli!inary !andatory in&unction to restore the plaintiff in possession if the court is satisfied that the
defendantBs appeal is frivolous or dilatory or that the appeal of the plaintiff is prima facie !eritorious. (;a)
Section 21. Immediate e*ecution on appeal to Court of &ppeals or Supreme Court. The &ud"!ent of the Re"ional Trial Court a"ainst the defendant shall
be i!!ediately executory, without pre&udice to a further appeal that !ay be taken therefro!. (1<a)
RULE "1
Conte'/t
Section 1. )irect contempt punished summarily. # person "uilty of !isbehavior in the presence of or so near a court as to obstruct or interrupt the
proceedin"s before the sa!e, includin" disrespect toward the court, offensive personalities toward others, or refusal to be sworn or to answer as a witness,
or to subscribe an affidavit or deposition when lawfully re7uired to do so, !ay be su!!arily ad&ud"ed in conte!pt by such court and punished by a fine not
exceedin" two thousand pesos or i!prison!ent not exceedin" ten (1<) days, or both, if it be a Re"ional Trial Court or a court of e7uivalent or hi"her rank, or
by a fine not exceedin" two hundred pesos or i!prison!ent not exceedin" one (1) day, or both, if it be a lower court. (1a)
Section 2. Remedy therefrom. The person ad&ud"ed in direct conte!pt by any court !ay not appeal therefro!, but !ay avail hi!self of the re!edies
of certiorari or prohibition. The execution of the &ud"!ent shall be suspended pendin" resolution of such petition, provided such person files a bond fixed by
the court which rendered the &ud"!ent and conditioned that he will abide by and perfor! the &ud"!ent should the petition be decided a"ainst hi!. ($a)
Section 3. Indirect contempt to be punished after charge and hearing. #fter a char"e in writin" has been filed, and an opportunity "iven to the respondent
to co!!ent thereon within such period as !ay be fixed by the court and to be heard by hi!self or counsel, a person "uilty of any of the followin" acts !ay
be punished for indirect conte!pt-
(a) 1isbehavior of an officer of a court in the perfor!ance of his official duties or in his official transactions-
(b) Cisobedience of or resistance to a lawful writ, process, order, or &ud"!ent of a court, includin" the act of a person who, after bein" dispossessed or
e&ected fro! any real property by the &ud"!ent or process of any court of co!petent &urisdiction, enters or atte!pts or induces another to enter into or upon
such real property, for the purpose of executin" acts of ownership or possession, or in any !anner disturbs the possession "iven to the person ad&ud"ed to
be entitled thereto-
(c) #ny abuse of or any unlawful interference with the processes or proceedin"s of a court not constitutin" direct conte!pt under section 1 of this Rule-
(d) #ny i!proper conduct tendin", directly or indirectly, to i!pede, obstruct, or de"rade the ad!inistration of &ustice-
(e) #ssu!in" to be an attorney or an officer of a court, and actin" as such without authority-
(f) >ailure to obey a subpoena duly served-
(") The rescue, or atte!pted rescue, of a person or property in the custody of an officer by virtue of an order or process of a court held by hi!.
%ut nothin" in this section shall be so construed as to prevent the court fro! issuin" process to brin" the respondent into court, or fro! holdin" hi! in
custody pendin" such proceedin"s. ()a)
Section 4. 2ow proceedings commenced. 8roceedin"s for indirect conte!pt !ay be initiated motu propio by the court a"ainst which the conte!pt was
co!!itted by an order or any other for!al char"e re7uirin" the respondent to show cause why he should not be punished for conte!pt.
*n all other cases, char"es for indirect conte!pt shall be co!!enced by a verified petition with supportin" particulars and certified true copies of docu!ents
or papers involved therein, and upon full co!pliance with the re7uire!ents for filin" initiatory pleadin"s for civil actions in the court concerned. *f the
conte!pt char"es arose out of or are related to a principal action pendin" in the court, the petition for conte!pt shall alle"e that fact but said petition shall be
docketed, heard and decided separately, unless the court in its discretion orders the consolidation of the conte!pt char"e and the principal action for &oint
hearin" and decision. (n)
Section 5. !here charge to be filed. /here the char"e for indirect conte!pt has been co!!itted a"ainst a Re"ional Trial Court or a court of e7uivalent
or hi"her rank, or a"ainst an officer appointed by it, the char"e !ay be filed with such court. /here such conte!pt has been co!!itted a"ainst a lower
court, the char"e !ay be filed with the Re"ional Trial Court of the place in which the lower court is sittin"- but the proceedin"s !ay also be instituted in such
lower court sub&ect to appeal to the Re"ional Trial Court of such place in the sa!e !anner as provided in section 11 of this Rule. ((a- %ar 1atter =o. :<), $1
Duly 1;;:)
Section 6. 2earing- release on bail. *f the hearin" is not ordered to be had forthwith, the respondent !ay be released fro! custody upon filin" a bond, in
an a!ount fixed by the court, for his appearance at the hearin" of the char"e. 2n the day set therefor, the court shall proceed to investi"ate the char"e and
consider such co!!ent, testi!ony or defense as the respondent !ay !ake or offer. (0a)
Section ". "unishment for indirect contempt. *f the respondent is ad&ud"ed "uilty of indirect conte!pt co!!itted a"ainst a Re"ional Trial Court or a court
of e7uivalent or hi"her rank, he !ay be punished by a fine not exceedin" thirty thousand pesos or i!prison!ent not exceedin" six (+) !onths, or both. *f he
is ad&ud"ed "uilty of conte!pt co!!itted a"ainst a lower court, he !ay be punished by a fine not exceedin" five thousand pesos or i!prison!ent not
exceedin" one (1) !onth, or both. *f the conte!pt consists in the violation of a writ of in&unction, te!porary restrainin" order or status 5uo order, he !ay also
be ordered to !ake co!plete restitution to the party in&ured by such violation of the property involved or such a!ount as !ay be alle"ed and proved.
The writ of execution, as in ordinary civil actions, shall issue for the enforce!ent of a &ud"!ent i!posin" a fine unless the court otherwise provides. (+a)
Section #. Imprisonment until order obeyed. /hen the conte!pt consists in the refusal or o!ission to do an act which is yet in the power of the
respondent to perfor!, he !ay be i!prisoned by order of the court concerned until he perfor!s it. (9a)
Section $. "roceeding when party released on bail fails to answer. /hen a respondent released on bail fails to appear on the day fixed for the hearin",
the court !ay issue another order of arrest or !ay order the bond for his appearance to be forfeited and confiscated, or both- and, if the bond be proceeded
a"ainst, the !easure of da!a"es shall be the extent of the loss or in&ury sustained by the a""rieved party by reason of the !isconduct for which the
conte!pt char"e was prosecuted, with the costs of the proceedin"s, and such recovery shall be for the benefit of the party in&ured. *f there is no a""rieved
party, the bond shall be liable and disposed of as in cri!inal cases. (:a)
Section 1%. Court may release respondent. The court which issued the order i!prisonin" a person for conte!pt !ay dischar"e hi! fro! i!prison!ent
when it appears that public interest will not be pre&udiced by his release. (;a)
Section 11. Review of udgment or final order- bond for stay. The &ud"!ent or final order of a court in a case of indirect conte!pt !ay be appealed to the
proper court as in cri!inal cases. %ut execution of the &ud"!ent or final order shall not be suspended until a bond is filed by the person ad&ud"ed in
conte!pt, in an a!ount fixed by the court fro! which the appeal is taken, conditioned that if the appeal be decided a"ainst hi! he will abide by and perfor!
the &ud"!ent or final order. (1<a)
Section 12. Contempt against 5uasi$udicial entities. 5nless otherwise provided by law, this Rule shall apply to conte!pt co!!itted a"ainst persons,
entities, bodies or a"encies exercisin" 7uasi4&udicial functions, or shall have suppletory effect to such rules as they !ay have adopted pursuant to authority
"ranted to the! by law to punish for conte!pt. The Re"ional Trial Court of the place wherein the conte!pt has been co!!itted shall have &urisdiction over
such char"es as !ay be filed therefor. (n)