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RULE 5 alleged in the pleading of the claimant A cross-claim may also be filed against an

Uniform Procedure In Trial Courts essential to his cause or causes of original cross-claimant. (n)
Section 1. Uniform procedure. The action.
procedure in the Municipal Trial Courts shall be b. An affirmative defense is an allegation Sec. 10. Reply. A reply is a pleading, the
the same as in the Regional Trial Courts, except of a new matter which, while office or function of which is to deny, or allege
(a) where a particular provision expressly or hypothetically admitting the material facts in denial or avoidance of new matters
impliedly applies only to either of said courts, allegations in the pleading of the alleged by way of defense in the answer and
or (b) in civil cases governed by the Rule on claimant, would nevertheless prevent thereby join or make issue as to such new
Summary Procedure. (n) or bar recovery by him. The affirmative matters. If a party does not file such reply, all
Section 2. Meaning of terms. The term defenses include fraud, statute of the new matters alleged in the answer are
"Municipal Trial Courts" as used in these Rules limitations, release, payment, illegality, deemed controverted.
shall include Metropolitan Trial Courts, statute of frauds, estoppel, former If the plaintiff wishes to interpose any claims
Municipal Trial Courts in Cities, Municipal Trial recovery, discharge in bankruptcy, and arising out of the new matters so alleged, such
Courts, and Municipal Circuit Trial Courts. (1a) any other matter by way of confession claims shall be set forth in an amended or
and avoidance. (5a) supplemental complaint. (11)
Procedure In Regional Trial Courts
Sec. 6. Counterclaim. A counterclaim is any Sec. 11. Third, (fourth, etc.)party complaint.
RULE 6 claim which a defending party may have A third (fourth, etc.) party complaint is a
Kinds Of Pleadings against an opposing party. (6a) claim that a defending party may, with leave of
court, file against a person not a party to the
Sec. 1. Pleadings defined. Pleadings are the Sec. 7. Compulsory counterclaim. A action, called the third (fourth, etc.) party
written statements of the respective claims compulsory counterclaim is one which, being defendant for contribution, indemnity,
and defenses of the parties submitted to the cognizable by the regular courts of justice, subrogation or any other relief, in respect of his
court for appropriate judgment. (1a) arises out of or is connected with the opponent's claim. (12a)
transaction or occurrence constituting the
Sec. 2. Pleadings allowed The claims of a subject matter of the opposing party's claim Sec. 12. Bringing new parties. When the
party are asserted in a complaint, and does not require for its adjudication the presence of parties other than those to the
counterclaim, cross-claim, third (fourth, etc.)- presence of third parties of whom the court original action is required for the granting of
party complaint, or complaint-in-intervention. cannot acquire jurisdiction. Such a complete relief in the determination of a
counterclaim must be within the jurisdiction of counterclaim or cross-claim, the court shall
The defenses of a party are alleged in the the court both as to the amount and the nature order them to be brought in as defendants, if
answer to the pleading asserting a claim thereof, except that in an original action before jurisdiction over them can be obtained. (14)
against him. the Regional Trial Court, the counter-claim may
be considered compulsory regardless of the Sec. 13. Answer to third (fourth, etc.)party
An answer may be responded to by a reply. (n) amount. (n) complaint. A third (fourth, etc.) party
defendant may allege in his answer his
Sec. 3. Complaint. The complaint is the Sec. 8. Cross-claim. A cross-claim is any defenses, counterclaims or cross-claims,
pleading alleging the plaintiff's cause or causes claim by one party against a co-party arising including such defenses that the third (fourth,
of action. The names and residences of the out of the transaction or occurrence that is the etc.) party plaintiff may have against the
plaintiff and defendant must be stated in the subject matter either of the original action or of original plaintiff's claim. In proper cases, he
complaint. (3a) a counterclaim therein. Such cross-claim may may also assert a counterclaim against the
include a claim that the party against whom it original plaintiff in respect of the latter's claim
Sec. 4. Answer. An answer is a pleading in is asserted is or may be liable to the cross- against the third-party plaintiff. (n)
which a defending party sets forth his claimant for all or part of a claim asserted in
defenses. (4a) the action against the cross-claimant. (7) RULE 7
Parts of a Pleading
Sec. 5. Defenses. Defenses may either be Sec. 9. Counter-counterclaims and counter-
negative or affirmative. crossclaims. A counter-claim may be Sec. 1. Caption. The caption sets forth the
asserted against an original counter-claimant. (a) name of the court, (b) the title of the action,
a. A negative defense is the specific and (c) the docket number if assigned.
denial of the material fact or facts
The title of the action indicates the names of counsel representing him, stating in either case pending, he shall report that fact within five (5)
the parties. They shall all be named in the his address which should not be a post office days therefrom to the court wherein his
original complaint or petition; but in box. aforesaid complaint or initiatory pleading has
subsequent pleadings, it shall be sufficient if been filed.
the name of the first party on each side be The signature of counsel constitutes a Failure to comply with the foregoing
stated with an appropriate indication when certificate by him that he has read the requirements shall not be curable by mere
there are other parties. pleading; that to the best of his knowledge, amendment of the complaint or other initiatory
Their respective participation in the case shall information, and belief there is good ground to pleading but shall be cause for the dismissal of
be indicated. (1a, 2a) support it; and that it is not interposed for the case without prejudice, unless otherwise
delay. provided, upon motion and after hearing. The
Sec. 2. The body. The body of the pleading An unsigned pleading produces no legal effect. submission of a false certification or non-
sets fourth (a) its designation, (b) the However, the court may, in its discretion, allow compliance with any of the undertakings
allegations of the party's claims or defenses, such deficiency to be remedied if it shall therein shall constitute indirect contempt of
(c) the relief prayed for, (4) and the date of the appear that the same was due to mere court, without prejudice to the corresponding
pleading. (n) inadvertence and not intended for delay. administrative and criminal actions. If the acts
Counsel who deliberately files an unsigned of the party or his counsel clearly constitute
a. Paragraphs. The allegations in the pleading, or signs a pleading in violation of this willful and deliberate forum shopping, the
body of a pleading shall be divided into Rule, or alleges scandalous or indecent matter same shall be ground for summary dismissal
paragraphs so numbered to be readily therein, or fails promptly report to the court a with prejudice and shall constitute direct
identified, each of which shall contain a change of his address, shall be subject to contempt, as well as a cause for administrative
statement of a single set of appropriate disciplinary action. (5a) sanctions. (n)
circumstances so far as that can be
done with convenience. A paragraph Sec. 4. Verification. Except when otherwise RULE 8
may be referred to by its number in all specifically required by law or rule, pleadings Manner of Making Allegations in
succeeding pleadings. (3a) need not be under oath, verified or Pleadings
b. Headings. When two or more causes accompanied by affidavit. (5a)
of action are joined the statement of A pleading is verified by an affidavit that the Sec. 1. In general. Every pleading shall
the first shall be prefaced by the words affiant has read the pleading and that the contain in a methodical and logical form, a
"first cause of action,'' of the second by allegations therein are true and correct of his plain, concise and direct statement of the
"second cause of action", and so on for knowledge and belief. ultimate facts on which the party pleading
the others. A pleading required to be verified which relies for his claim or defense, as the case may
When one or more paragraphs in the contains a verification based on "information be, omitting the statement of mere evidentiary
answer are addressed to one of several and belief", or upon "knowledge, information facts. (1)
causes of action in the complaint, they and belief", or lacks a proper verification, shall If a defense relied on is based on law, the
shall be prefaced by the words "answer be treated as an unsigned pleading. (6a) pertinent provisions thereof and their
to the first cause of action" or "answer applicability to him shall be clearly and
to the second cause of action" and so Sec. 5. Certification against forum shopping. concisely stated. (n)
on; and when one or more paragraphs The plaintiff or principal party shall certify Sec. 2. Alternative causes of action or
of the answer are addressed to several under oath in the complaint or other initiatory defenses. A party may set forth two or more
causes of action, they shall be prefaced pleading asserting a claim for relief, or in a statements of a claim or defense alternatively
by words to that effect. (4) sworn certification annexed thereto and or hypothetically, either in one cause of action
c. Relief. The pleading shall specify the simultaneously filed therewith: (a) that he has or defense or in separate causes of action or
relief sought, but it may add a general not theretofore commenced any action or filed defenses. When two or more statements are
prayer for such further or other relief any claim involving the same issues in any made in the alternative and one of them if
as may be deemed just or equitable. court, tribunal or quasi-judicial agency and, to made independently would be sufficient, the
(3a, R6) the best of his knowledge, no such other action pleading is not made insufficient by the
d. Date. Every pleading shall be dated. or claim is pending therein; (b) if there is such insufficiency of one or more of the alternative
(n) other pending action or claim, a complete statements. (2)
e. statement of the present status thereof; and
Sec. 3. Signature and address. Every (c) if he should thereafter learn that the same Sec. 3. Conditions precedent. In any
pleading must be signed by the party or or similar action or claim has been filed or is pleading a general averment of the
performance or occurrence of all conditions party does not appear to be a party to the Sec. 1. Defenses and objections not pleaded.
precedent shall be sufficient. (3) instrument or when compliance with an order Defenses and objections not pleaded either
for an inspection of the original instrument is in a motion to dismiss or in the answer are
Sec. 4. Capacity. Facts showing the capacity refused. (8a) deemed waived. However, when it appears
of a party to sue or be sued or the authority of from the pleadings or the evidence on record
a party to sue or be sued in a representative Sec. 9. Official document or act. In pleading that the court has no jurisdiction over the
capacity or the legal existence of an organized an official document or official act, it is subject matter, that there is another action
association of person that is made a party, sufficient to aver that the document was issued pending between the same parties for the
must be averred. A party desiring to raise an or the act done in compliance with law. (9) same cause, or that the action is barred by a
issue as to the legal existence of any party or prior judgment or by statute of limitations, the
the capacity of any party to sue or be sued in a Sec. 10. Specific denial. A defendant must court shall dismiss the claim. (2a)
representative capacity, shall do so by specific specify each material allegation of fact the
denial, which shall include such supporting truth of which he does not admit and, Sec. 2. Compulsory counterclaim, or cross-
particulars as are peculiarly within the whenever practicable, shall set forth the claim, not set up barred. A compulsory
pleader's knowledge. (4) substance of the matters upon which he relies counterclaim, or a cross-claim, not set up shall
to support his denial. Where a defendant be barred. (4a)
Sec. 5. Fraud, mistake, condition of the mind. desires to deny only a part of an averment, he
In all averments of fraud or mistake the shall specify so much of it as is true and Sec. 3. Default; declaration of. If the
circumstances constituting fraud or mistake material and shall deny only the remainder. defending party fails to answer within the time
must be stated with particularity. Malice, intent, Where a defendant is without knowledge or allowed therefor, the court shall, upon motion
knowledge, or other condition of the mind of a information sufficient to form a belief as to the of the claiming party with notice to the
person may be averred generally.(5a) truth of a material averment made to the defending party, and proof of such failure,
complaint, he shall so state, and this shall have declare the defending party in default.
Sec. 6. Judgment. In pleading a judgment or the effect of a denial. (10a) Thereupon, the court shall proceed to render
decision of a domestic or foreign court, judicial judgment granting the claimant such relief as
or quasi-judicial tribunal, or of a board or Sec. 11. Allegations not specifically denied his pleading may warrant, unless the court in
officer, it is sufficient to aver the judgment or deemed admitted. Material averment in the its discretion requires the claimant to submit
decision without setting forth matter showing complaint, other than those as to the amount evidence. Such reception of evidence may be
jurisdiction to render it. (6) of unliquidated damages, shall be deemed delegated to the clerk of court. (1a, R18)
admitted when not specifically denied.
Sec. 7. Action or defense based on document. Allegations of usury in a complaint to recover a. Effect of order of default. A party in
Whenever an action or defense is based usurious interest are deemed admitted if not default shall be entitled to notice of
upon a written instrument or document, the denied under oath. (1a, R9) subsequent proceedings but not to
substance of such instrument or document take part in the trial. (2a, R18)
shall be set forth in the pleading, and the Sec. 12. Striking out of pleading or matter b. Relief from order of default. A party
original or a copy thereof shall be attached to contained therein. Upon motion made by a declared in default may at any time
the pleading as an exhibit, which shall be party before responding to a pleading or, if no after notice thereof and before
deemed to be a part of the pleading, or said responsive pleading is permitted by these judgment file a motion under oath to
copy may with like effect be set forth in the Rules, upon motion made by a party within set aside the order of default upon
pleading. (7) twenty (20) days after the service of the proper showing that his failure to
pleading upon him, or upon the court's own answer was due to fraud, accident,
Sec. 8. How to contest such documents. initiative at any time, the court may order any mistake or excusable negligence and
When an action or defense is founded upon a pleading to be stricken out or that any sham or that he has a meritorious defense. In
written instrument, copied in or attached to the false, redundant, immaterial, impertinent, or such case, the order of default may be
corresponding pleading as provided in the scandalous matter be stricken out therefrom. set aside on such terms and conditions
preceding section, the genuineness and due (5, R9) as the judge may impose in the interest
execution of the instrument shall be deemed of justice. (3a, R18)
admitted unless the adverse party, under oath RULE 9 c. Effect of partial default. When a
specifically denies them, and sets forth what Effect of Failure to Plead pleading asserting a claim states a
he claims to be the facts, but the requirement common cause of action against
of an oath does not apply when the adverse several defending parties, some of
whom answer and the others fail to do section shall be made upon motion filed in Sec. 8. Effect of amended pleadings. An
so, the court shall try the case against court, and after notice to the adverse party, amended pleading supersedes the pleading
all upon the answers thus filed and and an opportunity to be heard. (3a) that it amends. However, admissions in
render judgment upon the evidence superseded pleadings may be received in
presented. (4a, R18). Sec. 4. Formal amendments. A defect in the evidence against the pleader, and claims or
d. Extent of relief to be awarded. A designation of the parties and other clearly defenses alleged therein not incorporated in
judgment rendered against a party in clerical or typographical errors may be the amended pleading shall be deemed
default shall not exceed the amount or summarily corrected by the court at any stage waived. (n)
be different in kind from that prayed for of the action, at its initiative or on motion,
nor award unliquidated damages. (5a, provided no prejudice is caused thereby to the RULE 11
R18). adverse party. (4a) When to File Responsive Pleadings
e. Where no defaults allowed. If the
defending party in an action for Sec. 5. Amendment to conform to or authorize Sec. 1. Answer to the complaint. The
annulment or declaration of nullity of presentation of evidence. When issues not defendant shall file his answer to the complaint
marriage or for legal separation fails to raised by the pleadings are tried with the within fifteen (15) days after service of
answer, the court shall order the express or implied consent of the parties they summons, unless a different period is fixed by
prosecuting attorney to investigate shall be treated in all respects as if they had the court. (la)
whether or not a collusion between the been raised in the pleadings. Such amendment
parties exists, and if there is no of the pleadings as may be necessary to cause Sec. 2. Answer of a defendant foreign private
collusion, to intervene for the State in them to conform to the evidence and to raise juridical entity. Where the defendant is a
order to see to it that the evidence these issues may be made upon motion of any foreign private juridical entity and service of
submitted is not fabricated. (6a, R18) party at any time, even after judgment; but summons is made on the government official
failure to amend does not effect the result of designated by law to receive the same, the
RULE 10 the trial of these issues. If evidence is objected answer shall be filed within thirty (30) days
Amended and Supplemental Pleadings to at the trial on the ground that it is not within after receipt of summons by such entity. (2a)
the issues made by the pleadings, the court
Sec. 1. Amendments in general. Pleadings may allow the pleadings to be amended and Sec. 3. Answer to amended complaint.
may be amended by adding or striking out an shall do so with liberality if the presentation of When the plaintiff files an amended complaint
allegation or the name of any party, or by the merits of the action and the ends of as a matter of right, the defendant shall
correcting a mistake in the name of a party or substantial justice will be subserved thereby. answer the same within fifteen (15) days after
a mistaken or inadequate allegation or The court may grant a continuance to enable being served with a copy thereof.
description in any other respect, so that the the amendment to be made. (5a) Where its filing is not a matter of right, the
actual merits of the controversy may speedily defendant shall answer the amended complaint
be determined, without regard to technicalities, Sec. 6. Supplemental pleadings. Upon within ten (l0) days from notice of the order
and in the most expeditious and inexpensive motion of a party the court may, upon admitting the same. An answer earlier filed
manner. (1) reasonable notice and upon such terms as are may serve as the answer to the amended
just, permit him to serve a supplemental complaint if no new answer is filed.
Sec. 2. Amendments as a matter of right. A pleading setting forth transactions, This Rule shall apply to the answer to an
party may amend his pleading once as a occurrences or events which have happened amended counterclaim, amended cross-claim,
matter of right at any time before a responsive since the date of the pleading sought to be amended third (fourth, etc.)party complaint,
pleading is served or, in the case of a reply, at supplemented. The adverse party may plead and amended complaint-in-intervention. (3a)
any time within ten (10) days after it is served. thereto within ten (10) days from notice of the
(2a) order admitting the supplemental pleading. Sec. 4. Answer to counterclaim or cross-claim.
(6a) A counterclaim or cross-claim must be
Sec. 3. Amendments by leave of court. answered within ten (10) days from service. (4)
Except as provided in the next preceding Sec. 7. Filing of amended pleadings. When
section, substantial amendments may be made any pleading is amended, a new copy of the Sec. 5. Answer to third (fourth, etc.)-party
only upon leave of court. But such leave may entire pleading, incorporating the complaint. The time to answer a third
be refused if it appears to the court that the amendments, which shall be indicated by (fourth, etc.)party complaint shall be
motion was made with intent to delay. Orders appropriate marks, shall be filed. (7a) governed by the same rule as the answer to
of the court upon the matters provided in this the complaint. (5a)
pleading. If the pleading is a reply, the motion Sec. 2. Filing and service, defined. Filing is
Sec. 6. Reply. A reply may be filed within must be filed within ten (10) days from service the act of presenting the pleading or other
ten (10) days from service of the pleading thereof. Such motion shall point out the defects paper to the clerk of court.
responded to. (6) complained of, the paragraphs wherein they
are contained, and the details desired. (1a) Service is the act of providing a party with a
Sec. 7. Answer to supplemental complain. A copy of the pleading or paper concerned. If any
supplemental complaint may be answered Sec. 2. Action by the court. Upon the filing party has appeared by counsel, service upon
within ten (10) days from notice of the order of the motion, the clerk of court must him shall be made upon his counsel or one of
admitting the same, unless a different period is immediately bring it to the attention of the them, unless service upon the party himself is
fixed by the court. The answer to the complaint court which may either deny or grant it ordered by the court. Where one counsel
shall serve as the answer to the supplemental outright, or allow the parties the opportunity to appears for several parties, he shall only be
complaint if no new or supplemental answer is be heard. (n) entitled to one copy of any paper served upon
filed. (n) him by the opposite side. (2a)
Sec. 3. Compliance with order. If the motion
Sec. 8. Existing counterclaim or cross-claim. is granted, either in whole or in part, the Sec. 3. Manner of filing. The filing of
A compulsory counterclaim or a cross-claim compliance therewith must be effected within pleadings, appearances, motions, notices,
that a defending party has at the time he files ten (10) days from notice of the order, unless a orders, judgments and all other papers shall be
his answer shall be contained therein. (8a, R6) different period is fixed by the court. The bill of made by presenting the original copies thereof,
particulars or a more definite statement plainly indicated as such, personally to the
Sec. 9. Counterclaim or cross-claim arising ordered by the court may be filed either in a clerk of court or by sending them by registered
after answer. A counterclaim or a cross- separate or in an amended pleading, serving a mail. In the first case, the clerk of court shall
claim which either matured or was acquired by copy thereof on the adverse party. (n) endorse on the pleading the date and hour of
a party after serving his pleading may, with the filing. In the second case, the date of the
permission of the court, be presented as a Sec. 4. Effect of non-compliance. If the mailing of motions, pleadings, or any other
counterclaim or a cross-claim by supplemental order is not obeyed, or in case of insufficient papers or payments or deposits, as shown by
pleading before judgment. (9, R6) compliance therewith, the court may order the the post office stamp on the envelope or the
striking out of the pleading or the portions registry receipt, shall be considered as the date
Sec. 10. Omitted counterclaim or cross-claim. thereof to which the order was directed or of their filing, payment, or deposit in court. The
When a pleader fails to set up a make such other order as it deems just. (1[c]a) envelope shall be attached to the record of the
counterclaim or a cross-claim through case. (1a)
oversight, inadvertence, or excusable neglect, Sec. 5. Stay of period to file responsive
or when justice requires, he may, by leave of pleading. After service of the bill of Sec. 4. Papers required to be filed and served.
court, set up the counterclaim or cross-claim by particulars or of a more definite pleading, or Every judgment, resolution, order, pleading
amendment before judgment. (3, R9) after notice of denial of his motion, the moving subsequent to the complaint, written motion,
Sec. 11. Extension of time to plead. Upon party may file his responsive pleading within notice, appearance, demand, offer of judgment
motion and on such terms as may be just, the the period to which he was entitled at the time or similar papers shall be filed with the court,
court may extend the time to plead provided in of filing his motion, which shall not be less than and served upon the parties affected. (2a)
these Rules. five (5) days in any event. (1[b]a)
The court may also, upon like terms, allow an Sec. 6. Bill a part of pleading. A bill of Sec. 5. Modes of service. Service of
answer or other pleading to be filed after the particulars becomes part of the pleading for pleadings motions, notices, orders, judgments
time fixed by these Rules. (7) which it is intended. (1[a]a) and other papers shall be made either
personally or by mail. (3a)
RULE 12 RULE 13 Sec. 6. Personal service. Service of the
Bill of Particulars Filing and Service of Pleadings, papers may be made by delivering personally a
Judgments and Other Papers copy to the party or his counsel, or by leaving
Sec. 1. When applied for; purpose. Before it in his office with his clerk or with a person
responding to a pleading, a party may move for Sec. 1. Coverage. This Rule shall govern the having charge thereof. If no person is found in
a definite statement or for a bill of particulars filing of all pleadings and other papers, as well his office, or his office is not known, or he has
of any matter which is not averted with as the service thereof, except those for which a no office, then by leaving the copy, between
sufficient definiteness or particularity to enable different mode of service is prescribed. (n) the hours of eight in the morning and six in the
him properly to prepare his responsive evening, at the party's or counsel's residence,
if known, with a person of sufficient age and done personally. Except with respect to papers and a description of the property in that
discretion then residing therein. (4a) emanating from the court, a resort to other province affected thereby. Only from the time
modes must be accompanied by a written of filing such notice for record shall a
Sec. 7. Service by mail. Service by explanation why the service or filing was not purchaser, or encumbrancer of the property
registered mail shall be made by depositing the done personally. A violation of this Rule may be affected thereby, be deemed to have
copy in the post office in a sealed envelope, cause to consider the paper as not filed. (n) constructive notice of the pendency of the
plainly addressed to the party or his counsel at action, and only of its pendency against the
his office, if known, otherwise at his residence, Sec. 12. Proof of filing. The filing of a parties designated by their real names.
if known, with postage fully prepaid, and with pleading or paper shall be proved by its The notice of lis pendens hereinabove
instructions to the postmaster to return the existence in the record of the case. If it is not in mentioned may be cancelled only upon order
mail to the sender after ten (10) days if the record, but is claimed to have been filed of the court, after proper showing that the
undelivered. If no registry service is available in personally, the filing shall be proved by the notice is for the purpose of molesting the
the locality of either the senders or the written or stamped acknowledgment of its adverse party, or that it is not necessary to
addressee, service may be done by ordinary filing by the clerk of court on a copy of the protect the rights of the rights of the party who
mail. (5a; Bar Matter No. 803, 17 February same; if filed by registered mail, by the registry caused it to be recorded. (24a, R-14)
1998) receipt and by the affidavit of the person who
did the mailing, containing a full statement of RULE 14
Sec. 8. Substituted service. If service of the date and place of depositing the mail in the Summons
pleadings, motions, notices, resolutions, orders post office in a sealed envelope addressed to
and other papers cannot be made under the the court, with postage fully prepaid, and with Sec. 1. Clerk to issue summons. Upon the
two preceding sections, the office and place of instructions to the postmaster to return the filing of the complaint and the payment of the
residence of the party or his counsel being mail to the sender after ten (10) days if not requisite legal fees, the clerk of court shall
unknown, service may be made by delivering delivered. (n) forthwith issue the corresponding summons to
the copy to the clerk of court, with proof of the defendants. (1a)
failure of both personal service and service by Sec. 13. Proof of Service. Proof of personal
mail. The service is complete at the time of service shall consist of a written admission of Sec. 2. Contents. The summons shall be
such delivery. (6a) the party served, or the official return of the directed to the defendant, signed by the clerk
server, or the affidavit of the party serving, of court under seal and contain (a) the name of
Sec. 9. Service of judgments, final orders, or containing a full statement of the date, place the court and the names of the parties to the
resolutions. Judgments, final orders or and manner of service. If the service is by action; (b) a direction that the defendant
resolutions shall be served either personally or ordinary mail, proof thereof shall consist of an answer within the time fixed by these Rules; (c)
by registered mail. When a party summoned by affidavit of the person mailing of facts showing a notice that unless the defendant so answers
publication has failed to appear in the action, compliance with section 7 of this Rule. If plaintiff will take judgment by default and may
judgments, final orders or resolutions against service is made by registered mail, proof shall be granted the relief applied for.
him shall be served upon him also by be made by such affidavit and the registry A copy of the complaint and order for
publication at the expense of the prevailing receipt issued by the mailing office. The appointment of guardian ad litem if any, shall
party. (7a) registry return card shall be filed immediately be attached to the original and each copy of
upon its receipt by the sender, or in lieu the summons. (3a)
Sec. 10. Completeness of service. Personal thereof the unclaimed letter together with the
service is complete upon actual delivery. certified or sworn copy of the notice given by Sec. 3. By whom served. The summons may
Service by ordinary mail is complete upon the the postmaster to the addressee. (10a) be served by the sheriff, his deputy, or other
expiration of ten (10) days after mailing, unless proper court officer, or for justifiable reasons by
the court otherwise provides. Service by Sec. 14. Notice of lis pendens. In an action any suitable person authorized by the court
registered mail is complete upon actual receipt affecting the title or the right of possession of issuing the summons. (5a)
by the addressee, or after five (5) days from real property, the plaintiff and the defendant,
the date he received the first notice of the when affirmative relief is claimed in his answer, Sec. 4. Return. When the service has been
postmaster, whichever date is earlier. (8a) may record in the office of the registry of deeds completed, the server shall, within five (5) days
of the province in which the property is therefrom, serve a copy of the return,
Sec. 11. Priorities in modes of service and situated notice of the pendency of the action. personally or by registered mail, to the
filing. Whenever practicable, the service and Said notice shall contain the names of the plaintiff's counsel, and shall return the
filing of pleadings and other papers shall be parties and the object of the action or defense,
summons to the clerk, who issued it, Sec. 10. Service upon minors and Sec. 15. Extraterritorial service. When the
accompanied by proof of service. (6a) incompetents. When the defendant is a defendant does not reside and is not found in
minor, insane or otherwise an incompetent, the Philippines, and the action affects the
Sec. 5. Issuance of alias summons. If a service shall be made upon him personally and personal status of the plaintiff or relates to, or
summons is returned without being served on on his legal guardian if he has one, or if none the subject of which is, property within the
any or all of the defendants, the server shall his guardianad litem whose appointment shall Philippines, in which the defendant has or
also serve a copy of the return on the plaintiff's be applied for by the plaintiff. In the case of a claims a lien or interest, actual or contingent,
counsel, stating the reasons for the failure of minor, service may also be made on his father or in which the relief demanded consists,
service, within five (5) days therefrom. In such or mother. (l0a, 11a) wholly or in part, in excluding the defendant
a case, or if the summons has been lost, the from any interest therein, or the property of the
clerk, on demand of the plaintiff, may issue an Sec. 11. Service upon domestic private defendant has been attached within the
alias summons. (4a) juridical entity. When the defendant is a Philippines, service may, by leave of court, be
corporation, partnership or association effected out of the Philippines by personal
Sec. 6. Service in person on defendant. organized under the laws of the Philippines service as under section 6; or by publication in
Whenever practicable, the summons shall be with a juridical personality, service may be a newspaper of general circulation in such
served by handling a copy thereof to the made on the president, managing partner, places and for such time as the court may
defendant in person, or, if he refuses to receive general manager, corporate secretary, order, in which case a copy of the summons
and sign for it, by tendering it to him. (7a) treasurer, or in-house counsel. (13a) and order of the court shall be sent by
registered mail to the last known address of
Sec. 7. Substituted service. If, for justifiable Sec. 12. Service upon foreign private juridical the defendant, or in any other manner the
causes, the defendant cannot be served within entities. When the defendant is a foreign court may deem sufficient. Any order granting
a reasonable time as provided in the preceding private juridical entity which has transacted such leave shall specify a reasonable time,
section, service may be effected (a) by leaving business in the Philippines, service may be which shall not be less than sixty (60) days
copies of the summons at the defendant's made on its resident agent designated in after notice, within which the defendant must
residence with some person of suitable age accordance with law for that purpose, or, if answer. (17a)
and discretion then residing therein, or (b) by there be no such agent, on the government
leaving the copies at defendant's office or official designated by law to that effect, or on Sec. 16. Residents temporarily out of the
regular place of business with some competent any of its officers or agents within the Philippines. When any action is commenced
person in charge thereof. (8a) Philippines. (14a) against a defendant who ordinarily resides
within the Philippines, but who is temporarily
Sec. 8. Service upon entity without juridical Sec. 13. Service upon public corporations. out of it, service may, by leave of court, be also
personality. When persons associated in an When the defendant is the Republic of the effected out of the Philippines, as under the
entity without juridical personality are sued Philippines, service may be effected on the preceding section. (18a)
under the name by which they are generally or Solicitor General; in case of a province, city or Sec. 17. Leave of court. Any application to
commonly known, service may be effected municipality, or like public corporations, service the court under this Rule for leave to effect
upon all the defendants by serving upon any may be effected on its executive head, or on service in any manner for which leave of court
one of them, or upon the person in charge of such other officer or officers as the law or the is necessary shall be made by motion in
the office or place of business maintained in court may direct. (15) writing, supported by affidavit of the plaintiff or
such name. But such service shall not bind some person on his behalf, setting forth the
individually any person whose connection with Sec. 14. Service upon defendant whose grounds for the application. (19)
the entity has, upon due notice, been severed identity or whereabouts are unknown. In any
before the action was brought. (9a) action where the defendant is designated as an Sec. 18. Proof of service. The proof of
unknown owner, or the like, or whenever his service of a summons shall be made in writing
Sec. 9. Service upon prisoners. When the whereabouts are unknown and cannot be by the server and shall set forth the manner,
defendant is a prisoner confined in a jail or ascertained by diligent inquiry, service may, by place, and date of service; shall specify any
institution, service shall be effected upon him leave of court, be effected upon him by papers which have been served with the
by the officer having the management of such publication in a newspaper of general process and the name of the person who
jail or institution who is deemed deputized as a circulation and in such places and for such time received the same; and shall be sworn to when
special sheriff for said purpose. (12a) as the court may order. (16a) made by a person other than a sheriff or his
deputy. (20)
Sec. 19. Proof of service by publication. If e. That there is another action pending
the service has been made by publication, Sec. 5. Notice of hearing. The notice of between the same parties for the same
service may be proved by the affidavit of the hearing shall be addressed to all parties cause;
printer, his foreman or principal clerk, or of the concerned, and shall specify the time and date f. That the cause of action is barred by a
editor, business or advertising manager, to of the hearing which must not be later than ten prior judgment or by the statute of
which affidavit a copy of the publication shall (10) days after the filing of the motion. (5a) limitations;
be attached and by an affidavit showing the g. That the pleading asserting the claim
deposit of a copy of the summons and order for Sec. 6. Proof of service necessary. No states no cause of action;
publication in the post office, postage prepaid, written motion set for hearing shall be acted h. That the claim or demand set forth in
directed to the defendant by registered mail to upon by the court without proof of service the plaintiff's pleading has been paid,
his last known address. (21) thereof. (6a) waived, abandoned, or otherwise
extinguished;
Sec. 20. Voluntary appearance. The Sec. 7. Motion day. Except for motions i. That the claim on which the action is
defendant's voluntary appearance in the action requiring immediate action, all motions shall be founded is enforceable under the
shall be equivalent to service of summons. The scheduled for hearing on Friday afternoons, or provisions of the statute of frauds; and
inclusion in a motion to dismiss of other if Friday is a non-working day, in the afternoon j. That a condition precedent for filing the
grounds aside from lack of jurisdiction over the of the next working day. (7a) claim has not been complied with. (1a)
person of the defendant shall not be deemed a
voluntary appearance. (23a) Sec. 8. Omnibus motion. Subject to the Sec. 2. Hearing of motion. At the hearing of
provisions of section 1 of Rule 9, a motion the motion, the parties shall submit their
RULE 15 attacking a pleading, order, judgment, or arguments on the questions of law and their
Motions proceeding shall include all objections then evidence on the questions of fact involved
available, and all objections not so included except those not available at that time. Should
Sec. 1. Motion defined. A motion is an shall be deemed waived. (8a) the case go to trial, the evidence presented
application for relief other than by a pleading. during the hearing shall automatically be part
(1a) Sec. 9. Motion for leave. A motion for leave of the evidence of the party presenting the
to file a pleading or motion shall be same. (n)
Sec. 2. Motions must be in writings. All accompanied by the pleading or motion sought
motions shall be in writing except those made to be admitted. (n) Sec. 3. Resolution of Motion. After the
in open court or in the course of a hearing or hearing, the court may dismiss the action or
trial. (2a) Sec. 10. Form. The Rules applicable to claim, deny the motion, or order the
pleadings shall apply to written motions so far amendment of the pleading.
Sec. 3. Contents. A motion shall state the as concerns caption, designation, signature, The court shall not defer the resolution of the
relief sought to be obtained and the grounds and other matters of form. (9a) motion for the reason that the ground relied
upon which it is based, and if required by these upon is not indubitable.
Rules or necessary to prove facts alleged RULE 16 In every case, the resolution shall state clearly
therein, shall be accompanied by supporting Motion to Dismiss and distinctly the reasons therefor. (3a)
affidavits and other papers. (3a)
Sec. 1. Grounds. Within the time for but Sec. 4. Time to plead. If the motion is
Sec. 4. Hearing of motion. Except for before filing the answer to the complaint or denied, the movant shall file his answer within
motions which the court may act upon without pleading asserting a claim, a motion to dismiss the balance of the period prescribed by Rule 11
prejudicing the rights of the adverse party, may be made on any of the following grounds: to which he was entitled at the time of serving
every written motion shall be set for hearing by his motion, but not less than five (5) days in
the applicant. a. That the court has no jurisdiction over any event, computed from his receipt of the
Every written motion required to be heard and the person of the defending party; notice of the denial. If the pleading is ordered
the notice of the hearing thereof shall be b. That the court has no jurisdiction over to be amended, he shall file his answer within
served in such a manner as to ensure its the subject matter of the claim; the period prescribed by Rule 11 counted from
receipt by the other party at least three (3) c. That venue is improperly laid; service of the amended pleading, unless the
days before the date of hearing, unless the d. That the plaintiff has no legal capacity court provides a longer period. (4a)
court for good cause sets the hearing on to sue;
shorter notice. (4a)
Sec. 5. Effect of dismissal. Subject to the be done any act designed primarily to solicit Rule 6.01 - The primary duty of a lawyer
right of appeal, an order granting a motion to legal business. engaged in public prosecution is not to convict
dismiss based on paragraphs (f), (h) and (i) of Rule 2.04 - A lawyer shall not charge rates but to see that justice is done. The suppression
section 1 hereof shall bar the refiling of the lower than those customarily prescribed unless of facts or the concealment of witnesses
same action or claim. (n) the circumstances so warrant. capable of establishing the innocence of the
Sec. 6. Pleading grounds as affirmative CANON 3 - A LAWYER IN MAKING KNOWN accused is highly reprehensible and is cause
defenses. If no motion to dismiss has been HIS LEGAL SERVICES SHALL USE ONLY for disciplinary action.
filed, any of the grounds for dismissal provided TRUE, HONEST, FAIR, DIGNIFIED AND Rule 6.02 - A lawyer in the government service
for in this Rule may be pleaded as an OBJECTIVE INFORMATION OR STATEMENT shall not use his public position to promote or
affirmative defense in the answer and, in the OF FACTS. advance his private interests, nor allow the
discretion of the court, a preliminary hearing Rule 3.01 - A lawyer shall not use or permit the latter to interfere with his public duties.
may be had thereon as if a motion to dismiss use of any false, fraudulent, misleading, Rule 6.03 - A lawyer shall not, after leaving
had been filed. (5a) deceptive, undignified, self-laudatory or unfair government service, accept engagement or
The dismissal of the complaint under this statement or claim regarding his qualifications employment in connection with any matter in
section shall be without prejudice to the or legal services. which he had intervened while in said service.
prosecution in the same or separate action of a Rule 3.02 - In the choice of a firm name, no CHAPTER II. LAWYER AND THE LEGAL
counterclaim pleaded in the answer. (n) false, misleading or assumed name shall be PROFESSION
INTEGRATED BAR OF THE PHILIPINES used. The continued use of the name of a CANON 7 - A LAWYER SHALL AT ALL TIMES
CODE OF PROFESSIONAL RESPONSIBILITY deceased partner is permissible provided that UPHOLD THE INTEGRITY AND DIGNITY OF
CHAPTER I. THE LAW AND SOCIETY the firm indicates in all its communications that THE LEGAL PROFESSION AND SUPPORT
CANON 1 - A LAWYER SHALL UPHOLD THE said partner is deceased. THE ACTIVITIES OF THE INTEGRATED BAR.
CONSTITUTION, OBEY THE LAWS OF THE Rule 3.03 - Where a partner accepts public Rule 7.01 - A lawyer shall be answerable for
LAND AND PROMOTE RESPECT FOR LAW office, he shall withdraw from the firm and his knowingly making a false statement or
AND LEGAL PROCESSES. name shall be dropped from the firm name suppressing a material fact in connection with
Rule 1.01 - A lawyer shall not engage in unless the law allows him to practice law his application for admission to the bar.
unlawful, dishonest, immoral or deceitful concurrently. Rule 7.02 - A lawyer shall not support the
conduct. Rule 3.04 - A lawyer shall not pay or give application for admission to the bar of any
Rule 1.02 - A lawyer shall not counsel or abet anything of value to representatives of the person known by him to be unqualified in
activities aimed at defiance of the law or at mass media in anticipation of, or in return for, respect to character, education, or other
lessening confidence in the legal system. publicity to attract legal business. relevant attribute.
Rule 1.03 - A lawyer shall not, for any corrupt CANON 4 - A LAWYER SHALL PARTICIPATE Rule 7.03 - A lawyer shall not engage in
motive or interest, encourage any suit or IN THE DEVELOPMENT OF THE LEGAL conduct that adversely reflects on his fitness to
proceeding or delay any mans cause. SYSTEM BY INITIATING OR SUPPORTING practice law, nor shall he, whether in public or
Rule 1.04 - A lawyer shall encourage his clients EFFORTS IN LAW REFORM AND IN THE private life, behave in a scandalous manner to
to avoid, end or settle a controversy if it will IMPROVEMENT OF THE ADMINISTRATION the discredit of the legal profession.
admit of a fair settlement. OF JUSTICE. CANON 8 - A LAWYER SHALL CONDUCT
CANON 2 - A LAWYER SHALL MAKE HIS CANON 5 - A LAWYER SHALL KEEP HIMSELF WITH COURTESY, FAIRNESS AND
LEGAL SERVICES AVAILABLE IN AN ABREAST OF LEGAL DEVELOPMENTS, CANDOR TOWARD HIS PROFESSIONAL
EFFICIENT AND CONVENIENT MANNER PARTICIPATE IN CONTINUING LEGAL COLLEAGUES, AND SHALL AVOID
COMPATIBLE WITH THE INDEPENDENCE, EDUCATION PROGRAMS, SUPPORT HARASSING TACTICS AGAINST OPPOSING
INTEGRITY AND EFFECTIVE-NESS OF THE EFFORTS TO ACHIEVE HIGH STANDARDS COUNSEL.
PROFESSION. IN LAW SCHOOLS AS WELL AS IN THE Rule 8.01 - A lawyer shall not, in his
Rule 2.01 - A lawyer shall not reject, except for PRACTICAL TRAINING OF LAW STUDENTS professional dealings, use language which is
valid reasons, the cause of the defenseless or AND ASSIST IN DISSEMINATING abusive, offensive or otherwise improper.
the oppressed. INFORMATION REGARDING THE LAW AND Rule 8.02 - A lawyer shall not, directly or
Rule 2.02 - In such cases, even if the lawyer JURISPRUDENCE. indirectly, encroach upon the professional
does not accept a case, he shall not refuse to CANON 6 - THESE CANONS SHALL APPLY employment of another lawyer; however, it is
render legal advice to the person concerned if TO LAWYERS IN GOVERNMENT SERVICE IN the right of any lawyer, without fear or favor, to
only to the extent necessary to safeguard the THE DISCHARGE OF THEIR OFFICIAL give proper advice and assistance to those
latters rights. TASKS. seeking relief against unfaithful or neglectful
Rule 2.03 - A lawyer shall not do or permit to counsel.
CANON 9 - A LAWYER SHALL NOT, Rule 11.03 - A lawyer shall abstain from APPEARANCE OF INFLUENCING THE
DIRECTLY OR INDIRECTLY, ASSIST IN THE scandalous, offensive or menacing language or COURT
UNAUTHORIZED PRACTICE OF LAW. behavior before the Courts. Rule 13.01 - A lawyer shall not extend
Rule 9.01 - A lawyer shall not delegate to any Rule 11.04 - A lawyer shall not attribute to a extraordinary attention or hospitality to, nor
unqualified person the performance of any task Judge motives not supported by the record or seek opportunity for cultivating familiarity with
which by law may only be performed by a have no materiality to the case. Judges.
member of the Bar in good standing. Rule 11.05 - A lawyer shall submit grievances Rule 13.02 - A lawyer shall not make public
Rule 9.02 - A lawyer shall not divide or against a Judge to the proper authorities only. statements in the media regarding a pending
stipulate to divide a fee for legal services with CANON 12 - A LAWYER SHALL EXERT case tending to arouse public opinion for or
persons not licensed to practice law, except: EVERY EFFORT AND CONSIDER IT HIS against a party.
a) Where there is a pre-existing agreement DUTY TO ASSIST IN THE SPEEDY AND Rule 13.03 - A lawyer shall not brook or invite
with a partner or associate that, upon the EFFICIENT ADMINISTRATION OF JUSTICE. interference by another branch or agency of
latters death, money shall be paid over a Rule 12.01 - A lawyer shall not appear for trial the government in the normal course of judicial
reasonable period of time to his estate or to unless he has adequately prepared himself on proceedings.
persons specified in the agreement; or the law and the facts of his case, the evidence CHAPTER IV. THE LAWYER AND THE
b) Where a lawyer undertakes to complete he will adduce and the order of its preferences. CLIENT
unfinished legal business of a deceased lawyer; He should also be ready with the original CANON 14 - A LAWYER SHALL NOT
or documents for comparison with the copies. REFUSE HIS SERVICES TO THE NEEDY.
c) Where a lawyer or law firm includes non- Rule 12.02 - A lawyer shall not file multiple Rule 14.01 - A lawyer shall not decline to
lawyer employees in a retirement plan, even if actions arising from the same cause. represent a person solely on account of the
the plan is based in whole or in part, on a Rule 12.03 - A lawyer shall not, after obtaining latters race, sex, creed or status of life, or
profitable sharing arrangement. extensions of time to file pleadings, because of his own opinion regarding the guilt
CHAPTER III. THE LAWYER AND THE memoranda or briefs, let the period lapse of said person.
COURTS without submitting the same or offering an Rule 14.02 - A lawyer shall not decline, except
CANON 10 - A LAWYER OWES CANDOR, explanation for his failure to do so. for serious and sufficient cause, an
FAIRNESS AND GOOD FAITH TO THE Rule 12.04 - A lawyer shall not unduly delay a appointment as counsel de oficio or as amicus
COURT. case, impede the execution of a judgement or curiae, or a request from the Integrated Bar of
Rule 10.01 - A lawyer shall not do any misuse Court processes. the Philippines or any of its chapters for
falsehood, nor consent to the doing of any in Rule 12.05 - A lawyer shall refrain from talking rendition of free legal aid.
Court; nor shall he mislead, or allow the Court to his witness during a break or recess in the Rule 14.03 - A lawyer may not refuse to accept
to be misled by any artifice. trial, while the witness is still under representation of an indigent client unless:
Rule 10.02 - A lawyer shall not knowingly examination. a) he is in no position to carry out the work
misquote or misrepresent the contents of Rule 12.06 - A lawyer shall not knowingly assist effectively or competently;
paper, the language or the argument of a witness to misrepresent himself or to b) he labors under a conflict of interest
opposing counsel, or the text of a decision or impersonate another. between him and the prospective client or
authority, or knowingly cite as law a provision Rule 12.07 - A lawyer shall not abuse, browbeat between a present client and the prospective
already rendered inoperative by repeal or or harass a witness nor needlessly client;
amendment, or assert as a fact that which has inconvenience him. Rule 14.04 - A lawyer who accepts the cause of
not been proved. Rule 12.08 - A lawyer shall avoid testifying in a person unable to pay his professional fees
Rule 10.03 - A lawyer shall observe the rules of behalf of his client, except: shall observe the same standard of conduct
procedure and shall not misuse them to defeat a) on formal matters, such as the mailing, governing his relations with paying clients.
the ends of justice. authentication or custody of an instrument, CANON 15 - A LAWYER SHALL OBSERVE
CANON 11 - A LAWYER SHALL OBSERVE and the like, or CANDOR, FAIRNESS AND LOYALTY IN ALL
AND MAINTAIN THE RESPECT DUE TO THE b) on substantial matters, in cases where his HIS DEALINGS AND TRANSACTIONS WITH
COURTS AND TO JUDICIAL OFFICERS AND testimony is essential to the ends of justice, in HIS CLIENTS.
SHOULD INSIST ON SIMILAR CONDUCT BY which event he must, during his testimony, Rule 15.01 - A lawyer, in conferring with a
OTHERS. entrust the trial of the case to another counsel. prospective client, shall ascertain as soon as
Rule 11.01 - A lawyer shall appear in court CANON 13 - A LAWYER SHALL RELY UPON practicable whether the matter would involve a
properly attired. THE MERITS OF HIS CAUSE AND REFRAIN conflict with another client or his own interest,
Rule 11.02 - A lawyer shall punctually appear FROM ANY IMPROPRIETY WHICH TENDS and if so, shall forthwith inform the prospective
at court hearings. TO INFLUENCE, OR GIVES THE client.
Rule 15.02 - A lawyer shall be bound by the money to a client except, when in the interest b) The novelty and difficulty of the questions
rule on privilege communication in respect of of justice, he has to advance necessary involved;
matters disclosed to him by a prospective expenses in a legal matter he is handling for c) The importance of the subject matter;
client. the client. d) The skill demanded;
Rule 15.03 - A lawyer shall not represent CANON 17 - A LAWYER OWES FIDELITY TO e) The probability of losing other employment
conflicting interests except by written consent THE CAUSE OF HIS CLIENT AND HE SHALL as a result of acceptance of the proffered case;
of all concerned given after a full disclosure of BE MINDFUL OF THE TRUST AND f) The customary charges for similar services
the facts. CONFIDENCE REPOSED IN HIM. and the schedule of fees of the IBP chapter to
Rule 15.04 - A lawyer may, with the written CANON 18 - A LAWYER SHALL SERVE HIS which he belongs;
consent of all concerned, act as mediator, CLIENT WITH COMPETENCE AND g) The amount involved in the controversy and
conciliator or arbitrator in settling disputes. DILIGENCE. the benefits resulting to the client form the
Rule 15.05 - A lawyer when advising his client, Rule 18.01 - A lawyer shall not undertake a service;
shall give a candid and honest opinion on the legal service which he knows or should know h) The contingency or certainty of
merits and probable results of the clients case, that he is not qualified to render. However, he compensation;
neither overstating nor understating the may render such service if, with the consent of i) The character of the employment, whether
prospects of the case. his client, he can obtain as collaborating occasional or established; and
Rule 15.06 - A lawyer shall not state or imply counsel a lawyer who is competent on the j) The professional standing of the lawyer.
that he is able to influence any public official, matter. Rule 20.02 - A lawyer shall, in cases of referral,
tribunal or legislative body. Rule 18.02 - A lawyer shall not handle any legal with the consent of the client, be entitled to a
Rule 15.07 - A lawyer shall impress upon his matter without adequate preparation. division of fees in proportion to work performed
client compliance with the laws and principles Rule 18.03 - A lawyer shall not neglect a legal and responsibility assumed.
of fairness. matter entrusted to him, and his negligence in Rule 20.03 - A lawyer shall not, without the full
Rule 15.08 - A lawyer who is engaged in connection there with shall render him liable. knowledge and consent of the client, accept
another profession or occupation concurrently Rule 18.04 - A lawyer shall keep the client any fee, reward, costs, commission, interest,
with the practice of law shall make clear to his informed of the status of his case and shall rebate or forwarding allowance or other
client whether he is acting as a lawyer or in respond within a reasonable time to clients compensation whatsoever related to his
another capacity. request for information. professional employment from anyone other
CANON 16 - A LAWYER SHALL HOLD IN CANON 19 - A LAWYER SHALL REPRESENT than the client.
TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT WITH ZEAL WITHIN THE Rule 20.04 - A lawyer shall avoid controversies
HIS CLIENT THAT MAY COME INTO HIS BOUNDS OF THE LAW. with clients concerning his compensation and
POSSESSION. Rule 19.01 - A lawyer shall employ only fair and shall resort to judicial action only to prevent
Rule 16.01 - A lawyer shall account for all honest means to attain the lawful objectives of imposition, injustice of fraud.
money or property collected or received for or his client and shall not present, participate in CANON 21 - A LAWYER SHALL PRESERVE
from the client. presenting or threaten to present unfounded THE CONFIDENCE AND SECRETS OF HIS
Rule 16.02 - A lawyer shall keep the funds of criminal charges to obtain an improper CLIENT EVEN AFTER THE ATTORNEY-
each client separate and apart from his own advantage in any case or proceeding. CLIENT RELATION IS TERMINATED
and those of others kept by him. Rule 19.02 - A lawyer who has received Rule 21.01 - A lawyer shall not reveal the
Rule 16.03 - A lawyer shall deliver the funds information that his client has, in the course of confidences or secrets of his client except:
and property of his client when due or upon the representation, perpetrated a fraud upon a a) When authorized by the client after
demand. However, he shall have a lien over person or tribunal, shall promptly call upon the acquianting him of the consequences of the
the funds and may apply so much thereof as client to rectify the same, and failing which he disclosure;
may be necessary to satisfy his lawful fees and shall terminate the relationship with such client b) When required by law;
disbursements, giving notice promptly in accordance with the Rules of Court. c) When necessary to collect his fees or to
thereafter to his client. He shall also have a lien Rule 19.03 - A lawyer shall not allow his client defend himself, his employees or associates or
to the same extent on all judgements and to dictate the procedure on handling the case. by judicial action.
executions he has secured for his client as CANON 20 - A LAWYER SHALL CHARGE Rule 21.02 - A lawyer shall not, to the
provided for in the Rules of Court. ONLY FAIR AND REASONABLE FEES. disadvantage of his client, use information
Rule 16.04 - A lawyer shall not borrow money Rule 20.01 - A lawyer shall be guided by the acquired in the course of employment, nor
from his client unless the clients interests are following factors in determining his fees: shall he use he same to his own advantage or
fully protected by the nature of the case or by a) The time spent and the extent of the that of a third person, unless the client with full
independent advice. Neither shall a lawyer lend services rendered or required;
knowledge of the circumstances consents necessary for the proper handling of the City experience in the use of judicial affidavits;
thereto. matter. and
Rule 21.03 - A lawyer shall not, without the The Code of Professionall Responsibility was Whereas, the Supreme Court En Banc finds
written consent of his client, give information initially drafted by the Committee on merit in the recommendation;
from his files to an outside agency seeking Professional Responsibility, Discipline and NOW, THEREFORE, the Supreme Court En
such information for auditing, statistical, Disbarment of the Integrated Bar of the Banc hereby issues and promulgates the
bookkeeping, accounting, data processing, or Philippines, composed of Dean Irene Cortes as following:
any similar purpose. Chairman and Justice Carolina Grio-Aquino, Section 1. Scope. - (a) This Rule shall apply to
Rule 21.04 - A lawyer may disclose the affairs Attys. Gonzalo W. Gonzalez, Marcelo B. Fernan, all actions, proceedings, and incidents
of a client of the firm to partners or associates Camilo Quiason, Jose F. Espinosa and Carmelo requiring the reception of evidence before:
thereof unless prohibited by the client. V. Sison as members, with former Chief Justice (1) The Metropolitan Trial
Rule 21.05 - A lawyer shall adopt such Roberto Concepcion and former Justice Jose Courts, the Municipal Trial
measures as may be required to prevent those B.L. Reyes as consultants, and Prof. Myrna S. Courts in Cities, the Municipal
whose services are utilized by him, from Feliciano and Atty.Concepcion Lim-Jardeleza as Trial Courts, the Municipal
disclosing or using confidences or secrets of resource persons. Circuit Trial Courts, and the
the client. A.M. No. 12-8-8-SC Shari' a Circuit Courts but shall
Rule 21.06 - A lawyer shall avoid indiscreet JUDICIAL AFFIDAVIT RULE not apply to small claims cases
conversation about a clients affairs even with Whereas, case congestion and delays plague under A.M. 08-8-7-SC;
members of his family. most courts in cities, given the huge volume of (2) The Regional Trial Courts
Rule 21.07 - A lawyer shall not reveal that he cases filed each year and the slow and and the Shari'a District Courts;
has been consulted about a particular case cumbersome adversarial syste1n that the (3) The Sandiganbayan, the
except to avoid possible conflict of interest. judiciary has in place; Court of Tax Appeals, the Court
CANON 22 - A LAWYER SHALL WITHDRAW Whereas, about 40% of criminal cases are of Appeals, and the Shari'a
HIS SERVICES ONLY FOR GOOD CAUSE dismissed annually owing to the fact that Appellate Courts;
AND UPON NOTICE APPROPRIATE IN THE complainants simply give up con1ing to court (4) The investigating officers
CIRTUMSTANCES. after repeated postponements; and bodies authorized by the
Rule 22.01 -A lawyer may withdraw his services Whereas, few foreign businessmen make long- Supreme Court to receive
in any of the following cases: term investments in the Philippines because its evidence, including the
a) When the client pursues an illegal or courts are unable to provide ample and speedy Integrated Bar of the Philippine
immoral course of conduct in connection with protection to their investments, keeping its (IBP); and
the matter he is handling; people poor; (5) The special courts and
b) When the client insists that the lawyer Whereas, in order to reduce the time needed quasi-judicial bodies, whose
pursue conduct violative of these canons and for completing the testimonies of witnesses in rules of procedure are subject
rules; cases under litigation, on February 21, 2012 to disapproval of the Supreme
c) When his inability to work with co-counsel the Supreme Court approved for piloting by Court, insofar as their existing
will not promote the best interest of the client; trial courts in Quezon City the compulsory use rules of procedure contravene
d) When the mental or physical condition of the of judicial affidavits in place of the direct the provisions of this Rule.1
lawyer renders it difficult for him to carry out testimonies of witnesses; (b) For the purpose of brevity, the
the employment effectively; Whereas, it is reported that such piloting has above courts, quasi-judicial bodies, or
e) When the client deliberately fails to pay the quickly resulted in reducing by about two-thirds investigating officers shall be uniformly
fees for the services or fails to comply with the the time used for presenting the testimonies of referred to here as the "court."
retainer agreement; witnesses, thus speeding up the hearing and Section 2. Submission of Judicial Affidavits
f) When the lawyer is elected or appointed to adjudication of cases; and Exhibits in lieu of direct testimonies. - (a)
public office; and Whereas, the Supreme Court Committee on the The parties shall file with the court and serve
g) Other similar cases. Revision of the Rules of Court, headed by on the adverse party, personally or by licensed
Rule 22.02 - A lawyer who withdraws or is Senior Associate Justice Antonio T. Carpio, and courier service, not later than five days before
discharged shall, subject to a retainer lien, the Sub-Committee on the Revision of the pre-trial or preliminary conference or the
immediately turn over all papers and property Rules on Civil Procedure, headed by Associate scheduled hearing with respect to motions and
to which the client is entitled, and shall Justice Roberto A. Abad, have recommended incidents, the following:
cooperate with his successor in the orderly for adoption a Judicial Affidavit Rule that will (1) The judicial affidavits of
transfer of the matter, including all information replicate nationwide the success of the Quezon their witnesses, which shall
take the place of such (d) Questions asked of the witness and rules governing the issuance of a subpoena to
witnesses' direct testimonies; his corresponding answers, the witness in this case shall be the same as
and consecutively numbered, that: when taking his deposition except that the
(2) The parties' docun1entary (1) Show the circumstances taking of a judicial affidavit shal1 be
or object evidence, if any, under which the witness understood to be ex parte.
which shall be attached to the acquired the facts upon which Section 6. Offer of and objections to
judicial affidavits and marked he testifies; testimony in judicial affidavit. - The party
as Exhibits A, B, C, and so on in (2) Elicit from him those facts presenting the judicial affidavit of his witness in
the case of the complainant or which are relevant to the issues place of direct testimony shall state the
the plaintiff, and as Exhibits 1, that the case presents; and purpose of such testimony at the start of the
2, 3, and so on in the case of (3) Identify the attached presentation of the witness. The adverse party
the respondent or the documentary and object may move to disqualify the witness or to strike
defendant. evidence and establish their out his affidavit or any of the answers found in
(b) Should a party or a witness desire authenticity in accordance with it on ground of inadmissibility. The court shall
to keep the original document or object the Rules of Court; promptly rule on the motion and, if granted,
evidence in his possession, he may, (e) The signature of the witness over shall cause the marking of any excluded
after the same has been identified, his printed name; and answer by placing it in brackets under the
marked as exhibit, and authenticated, (f) A jurat with the signature of the initials of an authorized court personnel,
warrant in his judicial affidavit that the notary public who administers the oath without prejudice to a tender of excluded
copy or reproduction attached to such or an officer who is authorized by law evidence under Section 40 of Rule 132 of the
affidavit is a faithful copy or to administer the same. Rules of Court.
reproduction of that original. In Section 4. Sworn attestation of the lawyer. - Section 7. Examination of the witness on his
addition, the party or witness shall (a) The judicial affidavit shall contain a sworn judicial affidavit. - The adverse party shall have
bring the original document or object attestation at the end, executed by the lawyer the right to cross-examine the witness on his
evidence for comparison during the who conducted or supervised the examination judicial affidavit and on the exhibits attached to
preliminary conference with the of the witness, to the effect that: the same. The party who presents the witness
attached copy, reproduction, or (1) He faithfully recorded or may also examine him as on re-direct. In every
pictures, failing which the latter shall caused to be recorded the case, the court shall take active part in
not be admitted. questions he asked and the examining the witness to determine his
This is without prejudice to the introduction of corresponding answers that the credibility as well as the truth of his testimony
secondary evidence in place of the original witness gave; and and to elicit the answers that it needs for
when allowed by existing rules. (2) Neither he nor any other resolving the issues.
Section 3. Contents of judicial Affidavit. - A person then present or Section 8. Oral offer of and objections to
judicial affidavit shall be prepared in the assisting him coached the exhibits. - (a) Upon the termination of the
language known to the witness and, if not in witness regarding the latter's testimony of his last witness, a party shall
English or Filipino, accompanied by a answers. immediately make an oral offer of evidence of
translation in English or Filipino, and shall (b) A false attestation shall subject the his documentary or object exhibits, piece by
contain the following: lawyer mentioned to disciplinary piece, in their chronological order, stating the
(a) The name, age, residence or action, including disbarment. purpose or purposes for which he offers the
business address, and occupation of Section 5. Subpoena. - If the government particular exhibit.
the witness; employee or official, or the requested witness, (b) After each piece of exhibit is
(b) The name and address of the who is neither the witness of the adverse party offered, the adverse party shall state
lawyer who conducts or supervises the nor a hostile witness, unjustifiably declines to the legal ground for his objection, if
examination of the witness and the execute a judicial affidavit or refuses without any, to its admission, and the court
place where the examination is being just cause to make the relevant books, shall immediately make its ruling
held; documents, or other things under his control respecting that exhibit.
(c) A statement that the witness is available for copying, authentication, and (c) Since the documentary or object
answering the questions asked of him, eventual production in court, the requesting exhibits form part of the judicial
fully conscious that he does so under party may avail himself of the issuance of a affidavits that describe and
oath, and that he may face criminal subpoena ad testificandum or duces authenticate them, it is sufficient that
liability for false testimony or perjury; tecum under Rule 21 of the Rules of Court. The such exhibits are simply cited by their
markings during the offers, the opposing party, and the defaulting party pays a
objections, and the rulings, dispensing fine of not less than P 1,000.00 nor more Associate Justice Associate Justice
with the description of each exhibit. than P 5,000.00 at the discretion of the court.
Section 9. Application of rule to criminal (b) The court shall not consider the TERESITA J.
actions. - (a) This rule shall apply to all criminal affidavit of any witness who fails to ARTURO D.
LEONARDO-DE
actions: appear at the scheduled hearing of the BRION
CASTRO
(1) Where the maximum of the case as required. Counsel who fails to Associate Justice
Associate Justice
imposable penalty does not appear without valid cause despite
exceed six years; notice shall be deemed to have waived
DISODADO M. LUCAS P.
(2) Where the accused agrees his client's right to confront by cross-
PERLATA BERSAMIN
to the use of judicial affidavits, examination the witnesses there
Associate Justice Associate Justice
irrespective of the penalty present.
involved; or (c) The court shall not admit as
(3) With respect to the civil evidence judicial affidavits that do not MARIANO C. DEL ROBERTO A.
aspect of the actions, whatever conform to the content requirements of CASTILLO ABAD
the penalties involved are. Section 3 and the attestation Associate Justice Associate Justice
(b) The prosecution shall submit the requirement of Section 4 above. The
judicial affidavits of its witnesses not court may, however, allow only once MARTIN S.
later than five days before the pre-trial, the subsequent submission of the JOSE P. PEREZ
VILLARAMA, JR.
serving copies if the same upon the compliant replacement affidavits Associate Justice
Associate Justice
accused. The complainant or public before the hearing or trial provided the
prosecutor shall attach to the affidavits delay is for a valid reason and would
such documentary or object evidence not unduly prejudice the opposing JOSE C. BIENVENIDO L.
as he may have, marking them as party and provided further, that public MENDOZA REYES
Exhibits A, B, C, and so on. No further or private counsel responsible for their Associate Justice Associate Justice
judicial affidavit, documentary, or preparation and submission pays a fine
ESTELA M. PERLAS-BERNABE
object evidence shall be admitted at of not less than P 1,000.00 nor more
Associate Justice
the trial. than P 5,000.00, at the discretion of
(c) If the accused desires to be heard the court.
on his defense after receipt of the Section 11. Repeal or modification of
Footnotes
judicial affidavits of the prosecution, he inconsistent rules. - The provisions of the Rules 1
By virtue of the Supreme Court's
shall have the option to submit his of Court and the rules of procedure governing
authority under Section 5 (5), Article
judicial affidavit as well as those of his investigating officers and bodies authorized by
VIII, of the 1987 Constitution to
witnesses to the court within ten days the Supreme Court to receive evidence are
disapprove rules of procedure of
from receipt of such affidavits and repealed or modified insofar as these are
special courts and quasi-judicial bodies.
serve a copy of each on the public and inconsistent with the provisions of this
A.M. No. 11-9-4-SC
private prosecutor, including his Rule.1wphi1
EFFICIENT USE OF PAPER RULE
documentary and object evidence The rules of procedure governing quasi-
Whereas, to produce 500 reams of paper,
previously marked as Exhibits 1, 2, 3, judicial bodies inconsistent herewith are hereby
twenty trees are cut and 100,000 liters of
and so on. These affidavits shall serve disapproved.
water are used, water that is no longer
as direct testimonies of the accused Section 12. Effectivity. - This rule shall take
reusable because it is laden with chemicals and
and his witnesses when they appear effect on January 1, 2013 following its
is just released to the environment to poison
before the court to testify. publication in two newspapers of general
our rivers and seas;
Section 10. Effect of non-compliance with the circulation not later than September 15, 2012.
Whereas, there is a need to cut the judicial
judicial Affidavit Rule. - (a) A party who fails to It shall also apply to existing cases.
systems use excessive quantities of costly
submit the required judicial affidavits and Manila, September 4, 2012.
paper, save our forests, avoid landslides, and
exhibits on time shall be deemed to have MARIA LOURDES P. A. SERENO
mitigate the worsening effects of climate
waived their submission. The court may, Chief Justice
change that the world is experiencing;
however, allow only once the late submission
of the same provided, the delay is for a valid ANTONIO T. PRESBITERO J.
reason, would not unduly prejudice the CARPIO VELASCO, JR.
Whereas, the judiciary can play a big part in share the extra copies of annexes in the
saving our trees, conserving precious water interest of economy of paper.
and helping mother earth; Parties to cases before the Supreme Court are
NOW, THEREFORE, the Supreme Court En Banc further required, on voluntary basis for the first
hereby issues and promulgates the following: six months following the effectivity of this Rule
Sec. 1. Title of the Rule- This rule shall be and compulsorily afterwards unless the period
known and cited as the Efficient Use of Paper is extended, to submit, simultaneously with
Rule. their court-bound papers, soft copies of the
Sec. 2. Applicability. This rule shall apply to same and their annexes (the latter in PDF
all courts and quasi-judicial bodies under the format) either by email to the Courts e-mail
administrative supervision of the Supreme address or by compact disc (CD). This
Court. requirement is in preparation for the eventual
Sec. 3. Format and Style. a) All pleadings, establishment of an e-filing paperless system
motions and similar papers intended for the in the judiciary.
court and quasi-judicial bodys consideration b. In the Court of Appeals and the
and action (court-bound papers) shall written in Sandiganbayan, one original (properly marked)
single space with one-and-a half space and two copies with their annexes;
between paragraphs, using an easily readable c. In the Court of Tax Appeals, one original
font style of the partys choice, of 14-size font, (properly marked) and two copies with
and on a 13 inch by 8.5- inch white bond annexes. On appeal to the En Banc, one
paper; and Original (properly marked) and eight copies
b) All decisions, resolutions and orders issued with annexes; and
by courts and quasi-judicial bodies under the d. In other courts, one original (properly
administrative supervision of the Supreme marked) with the stated annexes attached to it.
Court shall comply with these requirements. Sec. 6. Annexes Served on Adverse Party. A
Similarly covered are the reports submitted to party required by the rules to serve a copy of
the courts and transcripts of stenographic his court-bound on the adverse party need not
notes. enclose copies of those annexes that based on
Sec. 4. Margins and Prints . The parties shall the record of the court such party already has
maintain the following margins on all court- in his possession. In the event a party requests
bound papers: a left hand margin of 1.5 inches a set of the annexes actually filed with the
from the edge; an upper margin of 1.2 inches court, the part who filed the paper shall comply
from the edge; a right hand margin of 1.0 inch with the request within five days from receipt.
from the edge; and a lower margin of 1.0 inch Sec. 7. Date of Effectivity. This rule shall take
from the edge. Every page must be effect on January 1, 2013 after publication in
consecutively numbered. two newspapers of general circulation in the
Sec. 5. Copies to be filed. Unless otherwise Philippines.
directed by the court, the number of court- Manila, November 13, 2012.
bound papers that a party is required or desires
to file shall be as follows:
a. In the Supreme Court, one original (properly
marked) and four copies, unless the case is
referred to the Court En Banc, in which event,
the parties shall file ten additional copies. For
the En Banc, the parties need to submit only
two sets of annexes, one attached to the
original and an extra copy. For the Division, the
parties need to submit also two sets of
annexes, one attached to the original and an
extra copy. All members of the Court shall

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