1997 RULES OF CIVIL PROCEDURE, AS AMENDED (RULES 1-71, RULES OF COURT) EFFECTIVE JULY 1, 1997 Per Resolution of the Supreme

Court in Bar Matter No. 803 Adopted in Baguio City on April 8, !!" RULES OF COURT Pursuant to the provisions of section 5 (5) of Article VIII of the Constitution, the Supreme Court hereby adopts and promulgates the follo ing rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of la , the Integrated !ar, and legal assistance to the underprivileged"

RULE 1 Genera Pr!"#$#!n$ Se%&#!n 1' #itle of the Rules# $ %hese &ule shall be 'no n and cited as the &ules of Court# (() Se%&#!n (' $n %hat &ourts appli&a'le# $ %hese &ules shall apply in all the courts, e)cept as other ise provided by the Supreme Court# (n) Se%&#!n )' Cases go(erned# $ %hese &ules shall govern the procedure to be observed in actions, civil or criminal and special proceedings# (a) A civil action is one by hich a party sues another for the enforcement or protection of a right, or the prevention or redress of a rong, ((a, &*) A civil action may either be ordinary or special# !oth are governed by the rules for ordinary civil actions, sub+ect to the specific rules prescribed for a special civil action# (n) (b) A criminal action is one by hich the State prosecutes a person for an act or omission punishable by la # (n) (c) A special proceeding is a remedy by hich a party see's to establish a status, a right, or a particular fact# (*a, &*) Se%&#!n *' $n %hat &ase not appli&a'le# $ %hese &ules shall not apply to election cases, land registration, cadastral, naturali,ation and insolvency proceedings, and other cases not herein provided for, e)cept by analogy or in a suppletory character and henever practicable and convenient# (&(-.a)

Se%&#!n +' Commen&ement of a&tion# $ A civil action is commenced by the filing of the original complaint in court# If an additional defendant is impleaded in a later pleading, the action is commenced ith regard to him on the dated of the filing of such later pleading, irrespective of hether the motion for its admission, if necessary, is denied by the court# (/a) Se%&#!n ,' Constru&tion# $ %hese &ules shall be liberally construed in order to promote their ob+ective of securing a +ust, speedy and ine)pensive disposition of every action and proceeding# (*a)

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

RULE ( Ca/$e !0 A%&#!n Se%&#!n 1' )rdinary &i(il a&tions, 'asis of. $ 0very ordinary civil action must be based on a cause of action# (n) Se%&#!n (' Cause of a&tion, defined# $ A cause of action is the act or omission by hich a party violates a right of another# (n) Se%&#!n )' )ne suit for a single &ause of a&tion# $ A party may not institute more than one suit for a single cause of action# (.a) Se%&#!n *' Splitting a single &ause of a&tion1 effe&t of. $ If t o or more suits are instituted on the basis of the same cause of action, the filing of one or a +udgment upon the merits in any one is available as a ground for the dismissal of the others# (-a) Se%&#!n +' *oinder of &auses of a&tion# $ A party may in one pleading assert, in the alternative or other ise, as many causes of action as he may have against an opposing party, sub+ect to the follo ing conditions" (a) %he party +oining the causes of action shall comply ith the rules on +oinder of parties1 (b) %he +oinder shall not include special civil actions or actions governed by special rules1 (c) 2here the causes of action are bet een the same parties but pertain to different venues or +urisdictions, the +oinder may be allo ed in the &egional %rial Court provided

one of the causes of action falls ithin the +urisdiction of said court and the venue lies therein1 and (d) 2here the claims in all the causes action are principally for recovery of money, the aggregate amount claimed shall be the test of +urisdiction# (5a) Se%&#!n ,' Mis+oinder of &auses of a&tion# $ 3is+oinder of causes of action is not a ground for dismissal of an action# A mis+oined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded ith separately# (n)

RULE ) Par&#e$ &! C#"# A%&#!n$ Se%&#!n 1' ,ho may 'e parties1 plaintiff and defendant# $ 4nly natural or +uridical persons, or entities authori,ed by la may be parties in a civil action# %he term 5plaintiff5 may refer to the claiming party, the counter6claimant, the cross6claimant, or the third (fourth, etc#) $ party plaintiff# %he term 5defendant5 may refer to the original defending party, the defendant in a counter6claim, the cross6defendant, or the third (fourth, etc#) $ party defendant# ((a) Se%&#!n (' Parties in interest# $ A real party in interest is the party ho stands to be benefited or in+ured by the +udgment in the suit, or the party entitled to the avails of the suit# 7nless other ise authori,ed by la or these &ules, every action must be prosecuted or defended in the name of the real party in interest# (*a) Se%&#!n )' Representati(es as parties# $ 2here the action is allo ed to be prosecuted and defended by a representative or someone acting in a fiduciary capacity, the beneficiary shall be included in the title of the case and shall be deemed to be the real property in interest# A representative may be a trustee of an e)pert trust, a guardian, an e)ecutor or administrator, or a party authori,ed by la or these &ules# An agent acting in his o n name and for the benefit of an undisclosed principal may sue or be sued ithout +oining the principal e)cept hen the contract involves things belonging to the principal# (.a) Se%&#!n *' Spouses as parties# $ 8usband and ife shall sue or be sued +ointly, e)cept as provided by la # (-a) Se%&#!n +' Minor or in&ompetent persons# $ A minor or a person alleged to be incompetent, may sue or be sued ith the assistance of his father, mother, guardian, or if he has none, a guardian ad litem# (5a) Se%&#!n ,' Permissi(e +oinder of parties# $ All persons in hom or against hom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to e)ist, hether +ointly, severally, or in the alternative, may, e)cept as other ise provided in these &ules, +oin as plaintiffs or be +oined as defendants in one complaint, here any 9uestion of la

a. it may order the inclusion of the omitted necessary party if +urisdiction over his person may be obtained# %he failure to comply ith the order for his inclusion. he may be made a defendant and the reason therefor shall be stated in the complaint# ((=) Se%&#!n 11' Mis+oinder and non-+oinder of parties# $ >either mis+oinder nor non6+oinder of parties is ground for dismissal of an action# Parties may be dropped or added by order of the court on motion of any party or on its o n initiative at any stage the action and on such terms as are +ust# Any claim against a mis+oined party may be severed and proceeded ith separately# (((a) Se%&#!n 1(' Class suit# $ 2hen the sub+ect matter of the controversy is one of common or general interest to many persons so numerous that it is impracticable to +oin all as parties. and the +udgment rendered therein shall be ithout pre+udice to the rights of such necessary party# (.n%illing &o-plaintiff. although a right to relief against one may be inconsistent ith a right of relief against the other# ((. shall be deemed a aiver of the claim against such party# %he non6inclusion of a necessary party does not prevent the court from proceeding in the action. and shall state hy he is omitted# Should the court find the reason for the omission unmeritorious. the pleader shall set forth his name. $ If the consent of any party ho should be +oined as plaintiff can not be obtained. he may +oin any or all of them as defendants in the alternative. ithout +ustifiable cause.or fact common to all such plaintiffs or to all such defendants may arise in the action1 but the court may ma'e such orders as may be +ust to prevent any plaintiff or defendant from being embarrassed or put to e)pense in connection ith any proceedings in hich he may have no interest# (/n) Se%&#!n 7' Compulsory +oinder of indispensa'le parties# $ Parties in interest ithout hom no final determination can be had of an action shall be +oined either as plaintiffs or defendants# (:) Se%&#!n 1' Ne&essary party# $ A necessary party is one ho is not indispensable but ho ought to be +oined as a party if complete relief is to be accorded as to those already parties. a number of them hich the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all# Any party in interest shall have the right to intervene to protect his individual interest# ((*a) Se%&#!n 1)' Alternati(e defendants# $ 2here the plaintiff is uncertain against ho of several persons he is entitled to relief.a) . <a) Se%&#!n 12' . or for a complete determination or settlement of the claim sub+ect of the action# (. if 'no n.a) Se%&#!n 9' Non-+oinder of ne&essary parties to 'e pleaded# $ 2henever in any pleading in hich a claim is asserted a necessary party is not +oined.

the party or officer to be affected. and to give the name and address of his legal representative or representatives# ?ailure of counsel to comply ith his duty shall be a ground for disciplinary action# %he heirs of the deceased may be allo ed to be substituted for the deceased. ithout re9uiring the appointment of an e)ecutor or administrator and the court may appoint a guardian ad litem for the minor heirs# %he court shall forth ith order said legal representative or representatives to appear and be substituted ithin a period of thirty (. the court. and the claim is not thereby e)tinguished. or by such other designation as the case may re9uire. ithin thirty (.ed as an entity ith +uridical personality enter into a transaction. the name and addresses of the persons composing said entity must all be revealed# ((5a) Se%&#!n 1. the action may be continued and maintained by or against his successor if. they may be sued under the name by hich they are generally or commonly 'no n# In the ans er of such defendant. ithin a specified time to procure the appointment of an e)ecutor or administrator for the estate of the deceased and the latter shall immediately appear for and on behalf of the deceased# %he court charges in procuring such appointment.Se%&#!n 1*' . the court may order the opposing party. resigns.=) days from notice# If no legal representative is named by the counsel for the deceased party. unless e)pressly assenting thereto. may be recovered as costs# ((/a. if defrayed by the opposing party. hen his identity or true name is discovered. upon motion ith notice. or if the one so named shall fail to appear ithin the specified period.=) days after such death of the fact thereof. shall be given reasonable notice of the application therefor and accorded an opportunity to be heard# ((.a) Se%&#!n 11' $n&ompeten&y or in&apa&ity# $ If a party becomes incompetent or incapacitated. or other ise ceases to hold office.=) days after the successor ta'es office or such time as may be granted by the court. it shall be the duty of his counsel to inform the court ithin thirty (. may allo the action to be continued by or against the incompetent or incapacitated person assisted by his legal guardian or guardian ad litem# ((<a) .' 1eath of party1 duty of &ounsel# $ 2henever a party to a pending action dies. it is satisfactorily sho n to the court by any party that there is a substantial need for continuing or maintaining 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 made. the pleading must be amended accordingly# ((-) Se%&#!n 1+' 0ntity %ithout +uridi&al personality as defendant# $ 2hen t o or more persons not organi. he may be sued as the un'no n o ner heir devisee. (:a) Se%&#!n 17' 1eath or separation of a party %ho is a pu'li& offi&er# $ 2hen a public officer is a party in an action in his official capacity and during its pendency dies.n/no%n identity or name of defendant# $ 2henever the identity or name of a defendant is un'no n.

la . shall be commenced and tried in the proper court hich has +urisdiction over the area herein the real property involved. or a portion thereof. the court. in its discretion. presidential decree. unless the court other ise provides# Any adverse party may contest the grant of such authority at any time before +udgment is rendered by the trial court# If the court should determine after hearing that the party declared as an indigent is in fact a person ith sufficient income or property. the action may be continued by or against the original party. or interest therein.Se%&#!n 19' #ransfer of interest# $ In case of any transfer of interest. e)ecution shall issue or the payment thereof. rules or regulations. is situated# . ithout pre+udice to such other sanctions as the court may impose# (**a) Se%&#!n ((' Noti&e to the Soli&itor 3eneral# $ In any action involving the validity of any treaty.a) RULE * Ven/e !0 A%&#!n$ Se%&#!n 1' 4enue of real a&tions# $ Actions affecting title to or possession of real property.ed to litigate his action. upon an e2 parte application and hearing. is satisfied that the party is one ho has no money or property sufficient and available for food. claim or defense as an indigent if the court. unless the court upon motion directs the person to hom the interest is transferred to be substituted in the action or +oined ith the original party# (*=) Se%&#!n (2' A&tion and &ontra&tual money &laims# $ 2hen the action is for recovery of money arising from contract. ordinance. e)press or implied. and of transcripts of stenographic notes hich the court may order to be furnished him# %he amount of the doc'et and other la ful fees hich the indigent as e)empted from paying shall be a lien on any +udgment rendered in the case favorable to the indigent. shelter and basic necessities for himself and his family# Such authority shall include an e)emption from payment of doc'et and other la ful fees. may re9uire the appearance of the Solicitor @eneral ho may be heard in person or a representative duly designated by him# (*. it shall not be dismissed but shall instead be allo ed to continue until entry of final +udgment# A favorable +udgment obtained by the plaintiff therein shall be enforced in the manner especially provided in these &ules for prosecuting claims against the estate of a deceased person# (*(a) Se%&#!n (1' $ndigent party# $ A party may be authori. and the defendant dies before entry of final +udgment in the court in hich the action as pending at the time of such death. e)ecutive order. the proper doc'et and other la ful fees shall be assessed and collected by the cler' of court# If payment is not made ithin the time fi)ed by the court.

or here the defendant or any of the principal defendants resides. or a portion thereof.hen Rule not appli&a'le# $ %his &ule shall not apply# (a) In those cases here a specific rule or la provides other ise1 or (b) 2here the parties have validly agreed in riting before the filing of the action on the e)clusive venue thereof# (. 3unicipal %rial Courts. or any property of said defendant located in the Philippines. 3unicipal %rial Courts in Cities. *AaBa) Se%&#!n (' 4enue of personal a&tions# $ All other actions may be commenced and tried here the plaintiff or any of the principal plaintiffs resides. e)cept (a) here a particular provision e)pressly or impliedly applies only to either of said courts. is situated# ((AaB. and the action affects the personal status of the plaintiff.?orcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or city herein the real property involved. at the election of the plaintiff# (*AbBa) Se%&#!n )' 4enue of a&tions against nonresidents# $ If any of the defendants does not reside and is not found in the Philippines. 5a) RULE + Un#0!r3 Pr!%e-/re In Tr#a C!/r&$ Se%&#!n 1' .a. or (b) in civil cases governed by the &ule on Summary Procedure# (n) Se%&#!n (' Meaning of terms# $ %he term 53unicipal %rial Courts5 as used in these &ules shall include 3etropolitan %rial Courts. or here the property or any portion thereof is situated or found# (*AcBa) Se%&#!n *' . the action may be commenced and tried in the court of the place here the plaintiff resides.niform pro&edure# $ %he procedure in the 3unicipal %rial Courts shall be the same as in the &egional %rial Courts. and 3unicipal Circuit %rial Courts# ((a) Pr!%e-/re In Re4#!na Tr#a C!/r&$ RULE . or in the case of a non6resident defendant here he may be found. 5#n-$ O0 P ea-#n4$ .

counterclaim. hile hypothetically admitting the material allegations in the pleading of the claimant. arises out of or is connected ith the transaction or occurrence constituting the sub+ect matter of the opposing partyCs claim and does not re9uire for its ad+udication the presence of third parties of hom the court cannot ac9uire +urisdiction# Such a counterclaim must be ithin the +urisdiction of the court both as to the amount and the nature thereof. release. estoppel.a) Se%&#!n *' Ans%er# $ An ans er is a pleading in hich a defending party sets forth his defenses# (-a) Se%&#!n +' 1efenses# $ Defenses may either be negative or affirmative# (a) A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action# (b) An affirmative defense is an allegation of a ne matter hich. and any other matter by ay of confession and avoidance# (5a) Se%&#!n . illegality. statute of limitations. the counter6claim may be considered compulsory regardless of the amount# (n) Se%&#!n 1' Cross-&laim# $ A cross6claim is any claim by one party against a co6party arising out of the transaction or occurrence that is the sub+ect matter either of the original action or of a counterclaim therein# Such cross6claim may include a claim that the party against hom it is asserted is or may be liable to the cross6claimant for all or part of a claim asserted in the action against the cross6claimant# (:) . being cogni.' Counter&laim# $ A counterclaim is any claim hich a defending party may have against an opposing party# (/a) Se%&#!n 7' Compulsory &ounter&laim# $ A compulsory counterclaim is one hich. e)cept that in an original action before the &egional %rial Court. former recovery. third (fourth. cross6claim. payment. or complaint6in6intervention# %he defenses of a party are alleged in the ans er to the pleading asserting a claim against him# An ans er may be responded to by a reply# (n) Se%&#!n )' Complaint# $ %he complaint is the pleading alleging the plaintiffCs cause or causes of action# %he names and residences of the plaintiff and defendant must be stated in the complaint# (. ould nevertheless prevent or bar recovery by him# %he affirmative defenses include fraud. statute of frauds.Se%&#!n 1' Pleadings defined# $ Pleadings are the ritten statements of the respective claims and defenses of the parties submitted to the court for appropriate +udgment# ((a) Se%&#!n (' Pleadings allo%ed# $ %he claims of a party are asserted in a complaint. etc#)6party complaint.able by the regular courts of +ustice. discharge in ban'ruptcy.

counterclaims or cross6claims.67party &omplaint# $ A third (fourth. and the doc'et number if assigned# %he title of the action indicates the names of the parties# %hey shall all be named in the original complaint or petition1 but in subse9uent pleadings. in respect of his opponentCs claim# ((*a) Se%&#!n 1(' Bringing ne% parties# $ 2hen the presence of parties other than those to the original action is re9uired for the granting of complete relief in the determination of a counterclaim or cross6claim. all the ne matters alleged in the ans er are deemed controverted# If the plaintiff ishes to interpose any claims arising out of the ne matters so alleged. et&. ith leave of court. *a) Se%&#!n (' #he 'ody# $ %he body of the pleading sets fourth its designation. the title of the action. the office or function of hich is to deny. such claims shall be set forth in an amended or supplemental complaint# ((() Se%&#!n 11' #hird. or allege facts in denial or avoidance of ne matters alleged by ay of defense in the ans er and thereby +oin or ma'e issue as to such ne matters# If a party does not file such reply. he may also assert a counterclaim against the original plaintiff in respect of the latterCs claim against the third6party plaintiff# (n) RULE 7 Par&$ !0 a P ea-#n4 Se%&#!n 1' Caption# $ %he caption sets forth the name of the court. etc#) $ party defendant for contribution.67party &omplaint# $ A third (fourth.Se%&#!n 9' Counter-&ounter&laims and &ounter-&ross&laims# $ A counter6claim may be asserted against an original counter6claimant# A cross6claim may also be filed against an original cross6claimant# (n) Se%&#!n 12' Reply# $ A reply is a pleading. file against a person not a party to the action. the relief prayed for. including such defenses that the third (fourth. the court shall order them to be brought in as defendants. etc#) $ party plaintiff may have against the original plaintiffCs claim# In proper cases. et&. if +urisdiction over them can be obtained# ((-) Se%&#!n 1)' Ans%er to third 5fourth. it shall be sufficient if the name of the first party on each side be stated ith an appropriate indication hen there are other parties# %heir respective participation in the case shall be indicated# ((a. and the date of the pleading# (n) . subrogation or any other relief. the allegations of the partyCs claims or defenses. indemnity. 5fourth. called the third (fourth. etc#) $ party complaint is a claim that a defending party may. etc#) $ party defendant may allege in his ans er his defenses.

shall be sub+ect to appropriate disciplinary action# (5a) Se%&#!n *' 4erifi&ation# $ 0)cept hen other ise specifically re9uired by la or rule. but it may add a general prayer for such further or other relief as may be deemed +ust or e9uitable# (. and so on for the others# 2hen one or more paragraphs in the ans er are addressed to one of several causes of action in the complaint.a. verified or accompanied by affidavit #(5a) A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his 'no ledge and belief# A pleading re9uired to be verified hich contains a verification based on 5information and belief5. or in a s orn certification anne)ed thereto and simultaneously filed there ith" (a) that he has not theretofore . $ %he pleading shall specify the relief sought. or lac's a proper verification. stating in either case his address hich should not be a post office bo)# %he signature of counsel constitutes a certificate by him that he has read the pleading1 that to the best of his 'no ledge. and belief there is good ground to support it1 and that it is not interposed for delay# An unsigned pleading produces no legal effect# 8o ever.(a) Paragraphs# $ %he allegations in the body of a pleading shall be divided into paragraphs so numbered to be readily identified. the court may. pleadings need not be under oath. or signs a pleading in violation of this &ule. or alleges scandalous or indecent matter therein.CC of the second by 5second cause of action5. or fails promptly report to the court a change of his address. information and belief5. they shall be prefaced by the ords 5ans er to the first cause of action5 or 5ans er to the second cause of action5 and so on1 and hen one or more paragraphs of the ans er are addressed to several causes of action. &/) (d) 1ate# $ 0very pleading shall be dated# (n) Se%&#!n )' Signature and address# $ 0very pleading must be signed by the party or counsel representing him. information. shall be treated as an unsigned pleading# (/a) Se%&#!n +' Certifi&ation against forum shopping# $ %he plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief. in its discretion. allo such deficiency to be remedied if it shall appear that the same as due to mere inadvertence and not intended for delay# Counsel ho deliberately files an unsigned pleading.a) (b) 8eadings# $ 2hen t o or more causes of action are +oined the statement of the first shall be prefaced by the ords 5first cause of action. each of hich shall contain a statement of a single set of circumstances so far as that can be done ith convenience# A paragraph may be referred to by its number in all succeeding pleadings# (. or upon 5'no ledge. they shall be prefaced by ords to that effect# (-) (c) Relief.

ithout pre+udice to the corresponding administrative and criminal actions# If the acts of the party or his counsel clearly constitute illful and deliberate forum shopping. tribunal or 9uasi6+udicial agency and. the pertinent provisions thereof and their applicability to him shall be clearly and concisely stated# (n) Se%&#!n (' Alternati(e &auses of a&tion or defenses# $ A party may set forth t o or more statements of a claim or defense alternatively or hypothetically. must be averred# A party desiring to raise an issue as to the legal e)istence of any party or the capacity of any party to sue or be sued in a representative capacity. unless other ise provided. hich shall include such supporting particulars as are peculiarly ithin the pleaderCs 'no ledge# (-) . shall do so by specific denial.) Se%&#!n *' Capa&ity# $ ?acts sho ing 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 legal e)istence of an organi. the pleading is not made insufficient by the insufficiency of one or more of the alternative statements# (*) Se%&#!n )' Conditions pre&edent# $ In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient# (. the same shall be ground for summary dismissal ith pre+udice and shall constitute direct contempt. to the best of his 'no ledge. he shall report that fact ithin five (5) days therefrom to the court herein his aforesaid complaint or initiatory pleading has been filed# ?ailure to comply ith the foregoing re9uirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case ithout pre+udice. omitting the statement of mere evidentiary facts# (() If a defense relied on is based on la . a complete statement of the present status thereof1 and (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending. upon motion and after hearing# %he submission of a false certification or non6compliance ith any of the underta'ings therein shall constitute indirect contempt of court. a plain. as ell as a cause for administrative sanctions# (n) RULE 1 Manner !0 Ma6#n4 A e4a&#!n$ #n P ea-#n4$ Se%&#!n 1' $n general# $ 0very pleading shall contain in a methodical and logical form. as the case may be.ed association of person that is made a party. concise and direct statement of the ultimate facts on hich the party pleading relies for his claim or defense. either in one cause of action or defense or in separate causes of action or defenses# 2hen t o or more statements are made in the alternative and one of them if made independently ould be sufficient. no such other action or claim is pending therein1 (b) if there is such other pending action or claim.commenced any action or filed any claim involving the same issues in any court.

or said copy may ith li'e effect be set forth in the pleading# (:) Se%&#!n 1' 8o% to &ontest su&h do&uments# $ 2hen an action or defense is founded upon a ritten instrument. it is sufficient to aver that the document as issued or the act done in compliance ith la # (<) Se%&#!n 12' Spe&ifi& denial# $ A defendant must specify each material allegation of fact the truth of hich he does not admit and. or of a board or officer.Se%&#!n +' 9raud. or other condition of the mind of a person may be averred generally#(5a) Se%&#!n .a) Se%&#!n 9' )ffi&ial do&ument or a&t# $ In pleading an official document or official act. other than those as to the amount of unli9uidated damages. it is sufficient to aver the +udgment or decision ithout setting forth matter sho ing +urisdiction to render it# (/) Se%&#!n 7' A&tion or defense 'ased on do&ument# $ 2henever an action or defense is based upon a ritten instrument or document. redundant. immaterial. the substance of such instrument or document shall be set forth in the pleading. the court may order any pleading to be stric'en out or that any sham or false. &<) Se%&#!n 1(' Stri/ing out of pleading or matter &ontained therein# $ 7pon motion made by a party before responding to a pleading or. upon motion made by a party ithin t enty (*=) days after the service of the pleading upon him. shall set forth the substance of the matters upon hich he relies to support his denial# 2here a defendant desires to deny only a part of an averment.' *udgment# $ In pleading a +udgment or decision of a domestic or foreign court. but the re9uirement of an oath does not apply hen the adverse party does not appear to be a party to the instrument or hen compliance ith an order for an inspection of the original instrument is refused# (. +udicial or 9uasi6+udicial tribunal. &<) . and sets forth hat he claims to be the facts. he shall so state. and the original or a copy thereof shall be attached to the pleading as an e)hibit. 'no ledge. the genuineness and due e)ecution of the instrument shall be deemed admitted unless the adverse party. he shall specify so much of it as is true and material and shall deny only the remainder# 2here a defendant is ithout 'no ledge or information sufficient to form a belief as to the truth of a material averment made to the complaint. or scandalous matter be stric'en out therefrom# (5. henever practicable. copied in or attached to the corresponding pleading as provided in the preceding section. if no responsive pleading is permitted by these &ules. and this shall have the effect of a denial# ((=a) Se%&#!n 11' Allegations not spe&ifi&ally denied deemed admitted# $ 3aterial averment in the complaint. hich shall be deemed to be a part of the pleading. &ondition of the mind# $ In all averments of fraud or mista'e the circumstances constituting fraud or mista'e must be stated ith particularity# 3alice. intent. under oath specifically denies them. shall be deemed admitted hen not specifically denied# Allegations of usury in a complaint to recover usurious interest are deemed admitted if not denied under oath# ((a. impertinent. mista/e. or upon the courtCs o n initiative at any time.

) (c) 0ffe&t of partial default# $ 2hen a pleading asserting a claim states a common cause of action against several defending parties. the court shall dismiss the claim# (*a) Se%&#!n (' Compulsory &ounter&laim. &(. to intervene for the State in order to see to it that the evidence submitted is not fabricated# (/a. the court shall. &(. &(. or &ross-&laim. the court shall try the case against all upon the ans ers thus filed and render +udgment upon the evidence presented# (-a. mista'e or e)cusable negligence and that he has a meritorious defense# In such case. and if there is no collusion. or a cross6claim.) (a) 0ffe&t of order of default# $ A party in default shall be entitled to notice of subse9uent proceedings but not to ta'e part in the trial# (*a.)# (d) 02tent of relief to 'e a%arded# $ A +udgment rendered against a party in default shall not e)ceed the amount or be different in 'ind from that prayed for nor a ard unli9uidated damages# (5a. and proof of such failure. not set up 'arred# $ A compulsory counterclaim. the order of default may be set aside on such terms and conditions as the +udge may impose in the interest of +ustice# (. unless the court in its discretion re9uires the claimant to submit evidence# Such reception of evidence may be delegated to the cler' of court# ((a. declare the defending party in default# %hereupon. upon motion of the claiming party ith notice to the defending party.here no defaults allo%ed# $ If the defending party in an action for annulment or declaration of nullity of marriage or for legal separation fails to ans er.) (b) Relief from order of default# $ A party declared in default may at any time after notice thereof and before +udgment file a motion under oath to set aside the order of default upon proper sho ing that his failure to ans er as due to fraud. &(. some of hom ans er and the others fail to do so. hen it appears from the pleadings or the evidence on record that the court has no +urisdiction over the sub+ect matter. $ If the defending party fails to ans er ithin the time allo ed therefor.a. that there is another action pending bet een the same parties for the same cause. &(.) .RULE 9 E00e%& !0 Fa# /re &! P eaSe%&#!n 1' 1efenses and o'+e&tions not pleaded# $ Defenses and ob+ections not pleaded either in a motion to dismiss or in the ans er are deemed aived# 8o ever. the court shall proceed to render +udgment granting the claimant such relief as his pleading may arrant. not set up shall be barred# (-a) Se%&#!n )' 1efault1 de&laration of. &(.)# (e) . or that the action is barred by a prior +udgment or by statute of limitations. accident. the court shall order the prosecuting attorney to investigate hether or not a collusion bet een the parties e)ists.

so that the actual merits of the controversy may speedily be determined. in the case of a reply. upon reasonable notice and upon such terms as are +ust. substantial amendments may be made only upon leave of court# !ut such leave may be refused if it appears to the court that the motion as made ith intent to delay# 4rders of the court upon the matters provided in this section shall be made upon motion filed in court.S/77 e3en&a P ea-#n4$ Se%&#!n 1' Amendments in general# $ Pleadings may be amended by adding or stri'ing out an allegation or the name of any party. at its initiative or on motion. and in the most e)peditious and ine)pensive manner# (() Se%&#!n (' Amendments as a matter of right# $ A party may amend his pleading once as a matter of right at any time before a responsive pleading is served or. ithout regard to technicalities. incorporating the amendments. or by correcting a mista'e in the name of a party or a mista'en or inade9uate allegation or description in any other respect. permit him to serve a supplemental pleading setting forth transactions. provided no pre+udice is caused thereby to the adverse party# (-a) Se%&#!n +' Amendment to &onform to or authori:e presentation of e(iden&e# $ 2hen issues not raised by the pleadings are tried ith the e)press or implied consent of the parties they shall be treated in all respects as if they had been raised in the pleadings# Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time.RULE 12 A3en-e. even after +udgment1 but failure to amend does not effect the result of the trial of these issues# If evidence is ob+ected to at the trial on the ground that it is not ithin the issues made by the pleadings. a ne copy of the entire pleading. the court may allo the pleadings to be amended and shall do so ith liberality if the presentation of the merits of the action and the ends of substantial +ustice ill be subserved thereby# %he court may grant a continuance to enable the amendment to be made# (5a) Se%&#!n . shall be filed# (:a) . and an opportunity to be heard# (.' Supplemental pleadings# $ 7pon motion of a party the court may. and after notice to the adverse party. hich shall be indicated by appropriate mar's.a) Se%&#!n *' 9ormal amendments# $ A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily corrected by the court at any stage of the action.an. at any time ithin ten ((=) days after it is served# (*a) Se%&#!n )' Amendments 'y lea(e of &ourt# $ 0)cept as provided in the ne)t preceding section. occurrences or events hich have happened since the date of the pleading sought to be supplemented# %he adverse party may plead thereto ithin ten ((=) days from notice of the order admitting the supplemental pleading# (/a) Se%&#!n 7' 9iling of amended pleadings# $ 2hen any pleading is amended.

admissions in superseded pleadings may be received in evidence against the pleader. amended cross6claim. unless a different period is fi)ed by the court# %he ans er to the complaint shall serve as the ans er to the supplemental complaint if no ne or supplemental ans er is filed# (n) . the defendant shall ans er the same ithin fifteen ((5) days after being served ith a copy thereof# 2here its filing is not a matter of right.6-party &omplaint# $ %he time to ans er a third (fourth. amended third (fourth. etc#)$party complaint. the defendant shall ans er the amended complaint ithin ten (l=) days from notice of the order admitting the same# An ans er earlier filed may serve as the ans er to the amended complaint if no ne ans er is filed# %his &ule shall apply to the ans er to an amended counterclaim. the ans er shall be filed ithin thirty (.' Reply# $ A reply may be filed ithin ten ((=) days from service of the pleading responded to# (/) Se%&#!n 7' Ans%er to supplemental &omplain# $ A supplemental complaint may be ans ered ithin ten ((=) days from notice of the order admitting the same.=) days after receipt of summons by such entity# (*a) Se%&#!n )' Ans%er to amended &omplaint# $ 2hen the plaintiff files an amended complaint as a matter of right.a) Se%&#!n *' Ans%er to &ounter&laim or &ross-&laim# $ A counterclaim or cross6claim must be ans ered ithin ten ((=) days from service# (-) Se%&#!n +' Ans%er to third 5fourth. and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed aived# (n) RULE 11 89en &! F# e Re$7!n$#"e P ea-#n4$ Se%&#!n 1' Ans%er to the &omplaint# $ %he defendant shall file his ans er to the complaint ithin fifteen ((5) days after service of summons. etc#)$party complaint shall be governed by the same rule as the ans er to the complaint# (5a) Se%&#!n . and amended complaint6in6intervention# (. et&.Se%&#!n 1' 0ffe&t of amended pleadings# $ An amended pleading supersedes the pleading that it amends# 8o ever. unless a different period is fi)ed by the court# (la) Se%&#!n (' Ans%er of a defendant foreign pri(ate +uridi&al entity# $ 2here the defendant is a foreign private +uridical entity and service of summons is made on the government official designated by la to receive the same.

a party may move for a definite statement or for a bill of particulars of any matter hich is not averted ith sufficient definiteness or particularity to enable him properly to prepare his responsive pleading# If the pleading is a reply.hen applied for1 purpose# $ !efore responding to a pleading. or in case of insufficient compliance there ith.. or allo the parties the opportunity to be heard# (n) Se%&#!n )' Complian&e %ith order# $ If the motion is granted. and the details desired# ((a) Se%&#!n (' A&tion 'y the &ourt# $ 7pon the filing of the motion. the motion must be filed ithin ten ((=) days from service thereof# Such motion shall point out the defects complained of. ith the permission of the court.a. inadvertence. the compliance there ith must be effected ithin ten ((=) days from notice of the order. serving a copy thereof on the adverse party# (n) Se%&#!n *' 0ffe&t of non-&omplian&e# $ If the order is not obeyed. by leave of court.Se%&#!n 1' 02isting &ounter&laim or &ross-&laim# $ A compulsory counterclaim or a cross6claim that a defending party has at the time he files his ans er shall be contained therein# (. the paragraphs herein they are contained. &<) Se%&#!n 11' 02tension of time to plead# $ 7pon motion and on such terms as may be +ust. be presented as a counterclaim or a cross6claim by supplemental pleading before +udgment# (<. the court may e)tend the time to plead provided in these &ules# %he court may also. upon li'e terms. the court may order the stri'ing out of the pleading or the portions thereof to hich the order as directed or ma'e such other order as it deems +ust# ((AcBa) . &/) Se%&#!n 9' Counter&laim or &ross-&laim arising after ans%er# $ A counterclaim or a cross6claim hich either matured or as ac9uired by a party after serving his pleading may. either in hole or in part. the cler' of court must immediately bring it to the attention of the court hich may either deny or grant it outright. or hen +ustice re9uires. &/) Se%&#!n 12' )mitted &ounter&laim or &ross-&laim# $ 2hen a pleader fails to set up a counterclaim or a cross6claim through oversight. allo an ans er or other pleading to be filed after the time fi)ed by these &ules# (:) RULE 1( :# !0 Par&#%/ ar$ Se%&#!n 1' . or e)cusable neglect. unless a different period is fi)ed by the court# %he bill of particulars or a more definite statement ordered by the court may be filed either in a separate or in an amended pleading. he may. set up the counterclaim or cross6claim by amendment before +udgment# (.

payment. the moving party may file his responsive pleading ithin the period to hich he as entitled at the time of filing his motion. orders.O&9er Pa7er$ Se%&#!n 1' Co(erage# $ %his &ule shall govern the filing of all pleadings and other papers. and served upon the parties affected# (*a) Se%&#!n +' Modes of ser(i&e# $ Service of pleadings motions. the cler' of court shall endorse on the pleading the date and hour of filing# In the second case. appearances.' Bill a part of pleading# $ A bill of particulars becomes part of the pleading for hich it is intended# ((AaBa) RULE 1) F# #n4 an. as sho n by the post office stamp on the envelope or the registry receipt. or after notice of denial of his motion. motions. personally to the cler' of court or by sending them by registered mail# In the first case. then by leaving the copy. defined# $ ?iling is the act of presenting the pleading or other paper to the cler' of court# Service is the act of providing a party ith a copy of the pleading or paper concerned# If any party has appeared by counsel. or any other papers or payments or deposits. or his office is not 'no n. or deposit in court# %he envelope shall be attached to the record of the case# ((a) Se%&#!n *' Papers re. shall be considered as the date of their filing.a) Se%&#!n . or he has no office. the date of the mailing of motions.uired to 'e filed and ser(ed# $ 0very +udgment. bet een the hours of eight in the morning and si) in the . service upon him shall be made upon his counsel or one of them. notice. or by leaving it in his office ith his cler' or ith a person having charge thereof# If no person is found in his office. as ell as the service thereof. appearance. pleading subse9uent to the complaint. J/-43en&$ an. orders. plainly indicated as such. +udgments and other papers shall be made either personally or by mail# (.Se%&#!n +' Stay of period to file responsi(e pleading# $ After service of the bill of particulars or of a more definite pleading. notices. pleadings. unless service upon the party himself is ordered by the court# 2here one counsel appears for several parties. e)cept those for hich a different mode of service is prescribed# (n) Se%&#!n (' 9iling and ser(i&e. offer of +udgment or similar papers shall be filed ith the court. demand. notices. +udgments and all other papers shall be made by presenting the original copies thereof.' Personal ser(i&e# $ Service of the papers may be made by delivering personally a copy to the party or his counsel. order. he shall only be entitled to one copy of any paper served upon him by the opposite side# (*a) Se%&#!n )' Manner of filing# $ %he filing of pleadings. resolution.Ser"#%e !0 P ea-#n4$. hich shall not be less than five (5) days in any event# ((AbBa) Se%&#!n . ritten motion.

place and manner of service# If the service is by ordinary mail. or after five (5) days from the date he received the first notice of the postmaster. and ith instructions to the postmaster to return the mail to the sender after ten ((=) days if not delivered# (n) Se%&#!n 1)' Proof of Ser(i&e# $ Proof of personal service shall consist of a ritten admission of the party served. notices. plainly addressed to the party or his counsel at his office. if 'no n.=. orders and other papers cannot be made under the t o preceding sections. at the partyCs or counselCs residence. and ith instructions to the postmaster to return the mail to the sender after ten ((=) days if undelivered# If no registry service is available in the locality of either the senders or the addressee. by the registry receipt and by the affidavit of the person ho did the mailing.evening. but is claimed to have been filed personally. or the affidavit of the party serving. (: ?ebruary (<<. containing a full statement of the date and place of depositing the mail in the post office in a sealed envelope addressed to the court.) Se%&#!n 1' Su'stituted ser(i&e# $ If service of pleadings. ith postage fully prepaid. if 'no n. other ise at his residence. the office and place of residence of the party or his counsel being un'no n. a resort to other modes must be accompanied by a ritten e)planation hy the service or filing as not done personally# A violation of this &ule may be cause to consider the paper as not filed# (n) Se%&#!n 1(' Proof of filing# $ %he filing of a pleading or paper shall be proved by its e)istence in the record of the case# If it is not in the record. final orders or resolutions shall be served either personally or by registered mail# 2hen a party summoned by publication has failed to appear in the action. ith a person of sufficient age and discretion then residing therein# (-a) Se%&#!n 7' Ser(i&e 'y mail# $ Service by registered mail shall be made by depositing the copy in the post office in a sealed envelope. proof thereof shall consist of an affidavit of the person mailing of facts sho ing . or resolutions# $ Eudgments. the filing shall be proved by the ritten or stamped ac'no ledgment of its filing by the cler' of court on a copy of the same1 if filed by registered mail. +udgments. if 'no n. ith proof of failure of both personal service and service by mail# %he service is complete at the time of such delivery# (/a) Se%&#!n 9' Ser(i&e of +udgments. resolutions. or the official return of the server. motions.. unless the court other ise provides# Service by registered mail is complete upon actual receipt by the addressee. containing a full statement of the date. final orders or resolutions against him shall be served upon him also by publication at the e)pense of the prevailing party# (:a) Se%&#!n 12' Completeness of ser(i&e# $ Personal service is complete upon actual delivery# Service by ordinary mail is complete upon the e)piration of ten ((=) days after mailing.a) Se%&#!n 11' Priorities in modes of ser(i&e and filing# $ 2henever practicable. final orders. the service and filing of pleadings and other papers shall be done personally# 0)cept ith respect to papers emanating from the court. ith postage fully prepaid. service may be made by delivering the copy to the cler' of court. hichever date is earlier# (. service may be done by ordinary mail# (5a1 !ar 3atter >o# .

may record in the office of the registry of deeds of the province in hich the property is situated notice of the pendency of the action# Said notice shall contain the names of the parties and the ob+ect of the action or defense. signed by the cler' of court under seal and contain (a) the name of the court and the names of the parties to the action1 (b) a direction that the defendant ans er ithin the time fi)ed by these &ules1 (c) a notice that unless the defendant so ans ers plaintiff ill ta'e +udgment by default and may be granted the relief applied for# A copy of the complaint and order for appointment of guardian ad litem if any. ithin five (5) days therefrom. or for +ustifiable reasons by any suitable person authori. accompanied by proof of service# (/a) . &6 (-) RULE 1* S/33!n$ Se%&#!n 1' Cler/ to issue summons# $ 7pon the filing of the complaint and the payment of the re9uisite legal fees. proof shall be made by such affidavit and the registry receipt issued by the mailing office# %he registry return card shall be filed immediately upon its receipt by the sender. and shall return the summons to the cler'.ed by the court issuing the summons# (5a) Se%&#!n *' Return# $ 2hen the service has been completed. hen affirmative relief is claimed in his ans er.compliance ith section : of this &ule# If service is made by registered mail. and only of its pendency against the parties designated by their real names# %he notice of lis pendens hereinabove mentioned may be cancelled only upon order of the court. his deputy. be deemed to have constructive notice of the pendency of the action. the server shall. or that it is not necessary to protect the rights of the rights of the party ho caused it to be recorded# (*-a. ho issued it. and a description of the property in that province affected thereby# 4nly from the time of filing such notice for record shall a purchaser. or other proper court officer. personally or by registered mail. the cler' of court shall forth ith issue the corresponding summons to the defendants# ((a) Se%&#!n (' Contents# $ %he summons shall be directed to the defendant. or in lieu thereof the unclaimed letter together ith the certified or s orn copy of the notice given by the postmaster to the addressee# ((=a) Se%&#!n 1*' Noti&e of lis pendens# $ In an action affecting the title or the right of possession of real property. the plaintiff and the defendant. serve a copy of the return. to the plaintiffCs counsel.a) Se%&#!n )' By %hom ser(ed# $ %he summons may be served by the sheriff. or encumbrancer of the property affected thereby. after proper sho ing that the notice is for the purpose of molesting the adverse party. shall be attached to the original and each copy of the summons# (.

service may be effected upon all the defendants by serving upon any one of them. service shall be effected upon him by the officer having the management of such +ail or institution ho is deemed deputi.' Ser(i&e in person on defendant# $ 2henever practicable. corporate secretary. city or . or.Se%&#!n +' $ssuan&e of alias summons# $ If a summons is returned ithout being served on any or all of the defendants. or. service may be effected on the Solicitor @eneral1 in case of a province. if he refuses to receive and sign for it. stating the reasons for the failure of service. service shall be made upon him personally and on his legal guardian if he has one. or in6house counsel# ((. service may be effected (a) by leaving copies of the summons at the defendantCs residence ith some person of suitable age and discretion then residing therein. or if none his guardian ad litem hose appointment shall be applied for by the plaintiff# In the case of a minor. service may also be made on his father or mother# (l=a.a) Se%&#!n 1' Ser(i&e upon entity %ithout +uridi&al personality# $ 2hen persons associated in an entity ithout +uridical personality are sued under the name by hich they are generally or commonly 'no n. managing partner. on the government official designated by la to that effect. the defendant cannot be served ithin a reasonable time as provided in the preceding section. ((a) Se%&#!n 11' Ser(i&e upon domesti& pri(ate +uridi&al entity# $ 2hen the defendant is a corporation. treasurer. general manager. the server shall also serve a copy of the return on the plaintiffCs counsel. the summons shall be served by handling a copy thereof to the defendant in person. or upon the person in charge of the office or place of business maintained in such name# !ut such service shall not bind individually any person hose connection ith the entity has. may issue an alias summons# (-a) Se%&#!n . service may be made on the president. the cler'. ithin five (5) days therefrom# In such a case.a) Se%&#!n 1(' Ser(i&e upon foreign pri(ate +uridi&al entities# $ 2hen the defendant is a foreign private +uridical entity hich has transacted business in the Philippines. service may be made on its resident agent designated in accordance ith la for that purpose. been severed before the action as brought# (<a) Se%&#!n 9' Ser(i&e upon prisoners# $ 2hen the defendant is a prisoner confined in a +ail or institution. partnership or association organi. by tendering it to him# (:a) Se%&#!n 7' Su'stituted ser(i&e# $ If. on demand of the plaintiff. or (b) by leaving the copies at defendantCs office or regular place of business ith some competent person in charge thereof# (. for +ustifiable causes.ed under the la s of the Philippines ith a +uridical personality. if there be no such agent. or on any of its officers or agents ithin the Philippines# ((-a) Se%&#!n 1)' Ser(i&e upon pu'li& &orporations# $ 2hen the defendant is the &epublic of the Philippines. upon due notice. or if the summons has been lost.ed as a special sheriff for said purpose# ((*a) Se%&#!n 12' Ser(i&e upon minors and in&ompetents# $ 2hen the defendant is a minor. insane or other ise an incompetent.

holly or in part. supported by affidavit of the plaintiff or some person on his behalf. service may. setting forth the grounds for the application# ((<) Se%&#!n 11' Proof of ser(i&e# $ %he proof of service of a summons shall be made in riting by the server and shall set forth the manner. service may. place. by leave of court. directed to the defendant by registered mail to his last 'no n address# (*() Se%&#!n (2' 4oluntary appearan&e# $ %he defendantCs voluntary appearance in the action shall be e9uivalent to service of summons# %he inclusion in a motion to dismiss of other grounds aside . or the sub+ect of hich is. or in hich the relief demanded consists. or the li'e. to hich affidavit a copy of the publication shall be attached and by an affidavit sho ing the deposit of a copy of the summons and order for publication in the post office. as under the preceding section# ((. or the property of the defendant has been attached ithin the Philippines. hich shall not be less than si)ty (/=) days after notice. or in any other manner the court may deem sufficient# Any order granting such leave shall specify a reasonable time. in e)cluding the defendant from any interest therein.municipality. or li'e public corporations. in hich the defendant has or claims a lien or interest. postage prepaid. and the action affects the personal status of the plaintiff or relates to. service may. be effected upon him by publication in a ne spaper of general circulation and in such places and for such time as the court may order# ((/a) Se%&#!n 1+' 02traterritorial ser(i&e# $ 2hen the defendant does not reside and is not found in the Philippines. service may be proved by the affidavit of the printer. his foreman or principal cler'. be also effected out of the Philippines. business or advertising manager. or on such other officer or officers as the la or the court may direct# ((5) Se%&#!n 1*' Ser(i&e upon defendant %hose identity or %herea'outs are un/no%n# $ In any action here the defendant is designated as an un'no n o ner. or henever his hereabouts are un'no n and cannot be ascertained by diligent in9uiry. actual or contingent. or of the editor. service may be effected on its e)ecutive head. ithin hich the defendant must ans er# ((:a) Se%&#!n 1. and date of service1 shall specify any papers hich have been served ith the process and the name of the person ho received the same1 and shall be s orn to hen made by a person other than a sheriff or his deputy# (*=) Se%&#!n 19' Proof of ser(i&e 'y pu'li&ation# $ If the service has been made by publication.' Residents temporarily out of the Philippines# $ 2hen any action is commenced against a defendant ho ordinarily resides ithin the Philippines. in hich case a copy of the summons and order of the court shall be sent by registered mail to the last 'no n address of the defendant. be effected out of the Philippines by personal service as under section /1 or by publication in a ne spaper of general circulation in such places and for such time as the court may order. but ho is temporarily out of it. by leave of court.a) Se%&#!n 17' <ea(e of &ourt# $ Any application to the court under this &ule for leave to effect service in any manner for hich leave of court is necessary shall be made by motion in riting. by leave of court. property ithin the Philippines.

a) RULE 1+ M!&#!n$ Se%&#!n 1' Motion defined# $ A motion is an application for relief other than by a pleading# ((a) Se%&#!n (' Motions must 'e in %ritings# $ All motions shall be in riting e)cept those made in open court or in the course of a hearing or trial# (*a) Se%&#!n )' Contents# $ A motion shall state the relief sought to be obtained and the grounds upon hich it is based. designation. and shall specify the time and date of the hearing hich must not be later than ten ((=) days after the filing of the motion# (5a) Se%&#!n .) days before the date of hearing. and if re9uired by these &ules or necessary to prove facts alleged therein. or proceeding shall include all ob+ections then available.a) Se%&#!n *' 8earing of motion# $ 0)cept for motions hich the court may act upon ithout pre+udicing the rights of the adverse party.a) Se%&#!n 9' Motion for lea(e# $ A motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought to be admitted# (n) Se%&#!n 12' 9orm# $ %he &ules applicable to pleadings shall apply to ritten motions so far as concerns caption. +udgment. or if ?riday is a non6 or'ing day. signature. all motions shall be scheduled for hearing on ?riday afternoons. and other matters of form# (<a) . order. in the afternoon of the ne)t or'ing day# (:a) Se%&#!n 1' )mni'us motion# $ Sub+ect to the provisions of section ( of &ule <.from lac' of +urisdiction over the person of the defendant shall not be deemed a voluntary appearance# (*. unless the court for good cause sets the hearing on shorter notice# (-a) Se%&#!n +' Noti&e of hearing# $ %he notice of hearing shall be addressed to all parties concerned. every ritten motion shall be set for hearing by the applicant# 0very ritten motion re9uired to be heard and the notice of the hearing thereof shall be served in such a manner as to ensure its receipt by the other party at least three (. a motion attac'ing a pleading. and all ob+ections not so included shall be deemed aived# (. shall be accompanied by supporting affidavits and other papers# (.' Proof of ser(i&e ne&essary# $ >o ritten motion set for hearing shall be acted upon by the court ithout proof of service thereof# (/a) Se%&#!n 7' Motion day# $ 0)cept for motions re9uiring immediate action.

RULE 1, M!&#!n &! D#$3#$$ Se%&#!n 1' 3rounds# $ 2ithin the time for but before filing the ans er to the complaint or pleading asserting a claim, a motion to dismiss may be made on any of the follo ing grounds" (a) %hat the court has no +urisdiction over the person of the defending party1 (b) %hat the court has no +urisdiction over the sub+ect matter of the claim1 (c) %hat venue is improperly laid1 (d) %hat the plaintiff has no legal capacity to sue1 (e) %hat there is another action pending bet een the same parties for the same cause1 (f) %hat the cause of action is barred by a prior +udgment or by the statute of limitations1 (g) %hat the pleading asserting the claim states no cause of action1 (h) %hat the claim or demand set forth in the plaintiffCs pleading has been paid, aived, abandoned, or other ise e)tinguished1 (i) %hat the claim on hich the action is founded is enforceable under the provisions of the statute of frauds1 and (+) %hat a condition precedent for filing the claim has not been complied ith# ((a) Se%&#!n (' 8earing of motion# $ At the hearing of the motion, the parties shall submit their arguments on the 9uestions of la and their evidence on the 9uestions of fact involved e)cept those not available at that time# Should the case go to trial, the evidence presented during the hearing shall automatically be part of the evidence of the party presenting the same# (n) Se%&#!n )' Resolution of Motion# $ After the hearing, the court may dismiss the action or claim, deny the motion, or order the amendment of the pleading# %he court shall not defer the resolution of the motion for the reason that the ground relied upon is not indubitable# In every case, the resolution shall state clearly and distinctly the reasons therefor# (.a) Se%&#!n *' #ime to plead# $ If the motion is denied, the movant shall file his ans er ithin the balance of the period prescribed by &ule (( to hich he as entitled at the time of serving his

motion, but not less than five (5) days in any event, computed from his receipt of the notice of the denial# If the pleading is ordered to be amended, he shall file his ans er ithin the period prescribed by &ule (( counted from service of the amended pleading, unless the court provides a longer period# (-a) Se%&#!n +' 0ffe&t of dismissal# $ Sub+ect to the right of appeal, an order granting a motion to dismiss based on paragraphs (f), (h) and (i) of section ( hereof shall bar the refiling of the same action or claim# (n) Se%&#!n ,' Pleading grounds as affirmati(e defenses# $ If no motion to dismiss has been filed, any of the grounds for dismissal provided for in this &ule may be pleaded as an affirmative defense in the ans er and, in the discretion of the court, a preliminary hearing may be had thereon as if a motion to dismiss had been filed# (5a) %he dismissal of the complaint under this section shall be ithout pre+udice to the prosecution in the same or separate action of a counterclaim pleaded in the ans er# (n)

RULE 17 D#$3#$$a !0 A%&#!n$ Se%&#!n 1' 1ismissal upon noti&e 'y plaintiff. $ A complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before service of the ans er or of a motion for summary +udgment# 7pon such notice being filed, the court shall issue an order confirming the dismissal# 7nless other ise stated in the notice, the dismissal is ithout pre+udice, e)cept that a notice operates as an ad+udication upon the merits hen filed by a plaintiff ho has once dismissed in a competent court an action based on or including the same claim# ((a) Se%&#!n (' 1ismissal upon motion of plaintiff. $ 0)cept as provided in the preceding section, a complaint shall not be dismissed at the plaintiffCs instance save upon approval of the court and upon such terms and conditions as the court deems proper# If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiffs motion for dismissal, the dismissal shall be limited to the complaint# %he dismissal shall be ithout pre+udice to the right of the defendant to prosecute his counterclaim in a separate action unless ithin fifteen ((5) days from notice of the motion he manifests his preference to have his counterclaim resolved in the same action# 7nless other ise specified in the order, a dismissal under this paragraph shall be ithout pre+udice# A class suit shall not be dismissed or compromised ithout the approval of the court# (*a) Se%&#!n )' 1ismissal due to fault of plaintiff. $ If, for no +ustifiable cause, the plaintiff fails to appear on the date of the presentation of his evidence in chief on the complaint, or to prosecute his action for an unreasonable length of time, or to comply ith these &ules or any order of the court, the complaint may be dismissed upon motion of the defendant or upon the courtCs o n motion, ithout pre+udice to the right of the defendant to prosecute his counterclaim in the same

or in a separate action# %his dismissal shall have the effect of an ad+udication upon the merits, unless other ise declared by the court# (.a) Se%&#!n *' 1ismissal of &ounter&laim, &ross-&laim, or third-party &omplaint# $ %he provisions of this &ule shall apply to the dismissal of any counterclaim, cross6claim, or third6party complaint# A voluntary dismissal by the claimant by notice as in section ( of this &ule, shall be made before a responsive pleading or a motion for summary +udgment is served or, if there is none, before the introduction of evidence at the trial or hearing# (-a)

RULE 11 Pre-Tr#a Se%&#!n 1' ,hen &ondu&ted# $ After the last pleading has been served and filed, if shall be the duty of the plaintiff to promptly move e2 parte that the case be set for pre6trial (5a, &*=) Se%&#!n (' Nature and purpose# $ %he pre6trial is mandatory# %he court shall consider" (a) %he possibility of an amicable settlement or of a submission to alternative modes of dispute resolution1 (b) %he simplification of the issues1 (c) %he necessity or desirability of amendments to the pleadings1 (d) %he possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof1 (e) %he limitation of the number of itnesses1 (f) %he advisability of a preliminary reference of issues to a commissioner1 (g) %he propriety of rendering +udgment on the pleadings, or summary +udgment, or of dismissing the action should a valid ground therefor be found to e)ist1 (h) %he advisability or necessity of suspending the proceedings1 and (i) Such other matters as may aid in the prompt disposition of the action# ((a, &*=) Se%&#!n )' Noti&e of pre-trial# $ %he notice of pre6trial shall be served on counsel, or on the party ho has no counsel# %he counsel served ith such notice is charged ith the duty of notifying the party represented by him# (n)

&*=) RULE 19 In&er"en&#!n .' Pre-trial 'rief. and the agreements or admissions made by the parties as to any of the matters considered# Should the action proceed to trial. to submit to alternative modes of dispute resolution.) days before the date of the pre6trial. unless other6 ise ordered by the court# A similar failure on the part of the defendant shall be cause to allo the plaintiff to present his evidence e2 parte and the court to render +udgment on the basis thereof# (*a. their respective pre6trial briefs hich shall contain. and to enter into stipulations or admissions of facts and of documents# (n) Se%&#!n +' 0ffe&t of failure to appear# $ %he failure of the plaintiff to appear hen so re9uired pursuant to the ne)t preceding section shall be cause for dismissal of the action# %he dismissal shall be ith pre+udice. the action ta'en thereon. the order shall. indicating the desired terms thereof1 (b) A summary of admitted facts and proposed stipulation of facts1 (c) %he issues to be tried or resolved1 (d) %he documents or e)hibits to be presented stating the purpose thereof1 (e) A manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners1 and (f) %he number and names of the itnesses. $ %he parties shall file ith the court and serve on the adverse party. the amendments allo ed to the pleadings. e)plicitly define and limit the issues to be tried# %he contents of the order shall control the subse9uent course of the action.Se%&#!n *' Appearan&e of parties# $ It shall be the duty of the parties and their counsel to appear at the pre6trial# %he non6appearance of a party may be e)cused only if a valid cause is sho n therefor or if a representative shall appear in his behalf fully authori. the court shall issue an order hich shall recite in detail the matters ta'en up in the conference. and the substance of their respective testimonies# ?ailure to file the pre6trial brief shall have the same effect as failure to appear at the pre6trial# (n) Se%&#!n 7' Re&ord of pre-trial# $ %he proceedings in the pre6trial shall be recorded# 7pon the termination thereof. unless modified before trial to prevent manifest in+ustice# (5a. &*=) Se%&#!n . among others" (a) A statement of their illingness to enter into amicable settlement or alternative modes of dispute resolution. in such manner as shall ensure their receipt thereof at least three (.ed in riting to enter into an amicable settlement.

or an ans er6in6intervention if he unites ith the defending party in resisting a claim against the latter# (*AcBa. &**) Se%&#!n (' Assignment of &ases# $ %he assignment of cases to the different branches of a court shall be done e)clusively by raffle# %he assignment shall be done in open session of hich ade9uate notice shall be given so as to afford interested parties the opportunity to be present# (:a. AbBa. and those ith motions to set for hearing# Preference shall be given to ha'eas &orpus cases. election cases. ith leave of court. those hose trials ere ad+ourned or postponed. &(*) Se%&#!n *' Ans%er to &omplaint-in-inter(ention# $ %he ans er to the complaint6in6intervention shall be filed ithin fifteen ((5) days from notice of the order admitting the same. or for the ta'ing of his deposition# It may also . for trial. &**) RULE (1 S/. or in the success of either of the parties. shall 'eep a calendar of cases for pre6trial. under the direct supervision of the +udge. special civil actions. 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 may. or at any investigation conducted by competent authority.Se%&#!n 1' .7!ena Se%&#!n 1' Su'poena and su'poena du&es te&um# $ Subpoena is a process directed to a person re9uiring him to attend and to testify at the hearing or the trial of an action. &(*) RULE (2 Ca en-ar !0 Ca$e$ Se%&#!n 1' Calendar of &ases# $ %he cler' of court. or an interest against both. and hether or not the intervenorCs rights may be fully protected in a separate proceeding# (*AaB. unless a different period is fi)ed by the court# (*AdBa.ho may inter(ene# $ A person ho has a legal interest in the matter in litigation. and those so re9uired by la # ((a. be allo ed to intervene in the action# %he court shall consider hether or not the intervention ill unduly delay or pre+udice the ad+udication of the rights of the original parties. &(*) Se%&#!n (' #ime to inter(ene# $ %he motion to intervene may be filed at any time before rendition of +udgment by the trial court# A copy of the pleading6in6intervention shall be attached to the motion and served on the original parties# (n) Se%&#!n )' Pleadings-in-inter(ention# $ %he intervenor shall file a complaint6in6intervention if he asserts a claim against either or all of the original parties.

in hich case it is called a subpoena du&es te&um# ((a.' Ser(i&e# $ Service of a subpoena shall be made in the same manner as personal or substituted service of summons# %he original shall be e)hibited and a copy thereof delivered to the person on hom it is served. documents or things demanded hich must appear to the court prima fa&ie relevant# (.ed by la to do so in connection ith investigations conducted by said officer or body1 or (d) any Eustice of the Supreme Court or of the Court of Appeals in any case or investigation pending ithin the Philippines# 2hen application for a subpoena to a prisoner is made. &*.) Se%&#!n )' 9orm and &ontents# $ A subpoena shall state the name of the court and the title of the action or investigation. at or before the time specified therein if it is unreasonable and oppressive. in any event. or other things under his control. ho ever. &*.ed by the Supreme Court (*a.ation for the issuance of subpoenas for the persons named in said notice by the cler' of the court of the place in hich the deposition is to be ta'en# %he cler' shall not. documents. shall be directed to the person hose attendance is re9uired. the +udge or officer shall e)amine and study carefully such application to determine hether the same is made for a valid purpose# >o prisoner sentenced to death.. shall constitute sufficient authori. or the relevancy of the boo's. and in the case of a subpoena du&es te&um. &*.) Se%&#!n (' By %hom issued# $ %he subpoena may be issued by $ (a) the court before hom the itness is re9uired to attend1 (b) the court of the place here the deposition is to be ta'en1 (c) the officer or body authori. issue a subpoena du&es te&um to any such person ithout an order of the court# (5a. it shall also contain a reasonable description of the boo's. the subpoena may be 9uashed on the ground that the itness fees and 'ilometrage allo ed by these &ules ere not tendered hen the subpoena as served# (-a. &*.) Se%&#!n *' =uashing a su'poena# $ %he court may 9uash a subpoena du&es te&um upon motion promptly made and.) Se%&#!n +' Su'poena for depositions# $ Proof of service of a notice to ta'e a deposition.) Se%&#!n . tendering to him the fees for one dayCs attendance and the . as provided in sections (5 and *5 of &ule *. documents or things does not appear. or if the person in hose behalf the subpoena is issued fails to advance the reasonable cost of the production thereof# %he court may 9uash a subpoena ad testifi&andum on the ground that the itness is not bound thereby# In either case.a. re&lusion perpetua or life imprisonment and ho is confined in any penal institution shall be brought outside the said penal institution for appearance or attendance in any court unless authori. &*.re9uire him to bring ith him any boo's.

the disobedience thereto shall be punished in accordance ith the applicable la or &ule# ((*a &*.'ilometrage allo ed by these &ules.ure of such itness shall be paid by the itness if the court issuing it shall determine that his failure to ans er the subpoena as illful and ithout +ust e)cuse# (((. the reasonable cost of producing the boo's. the day of the act or event from hich the designated period of time begins to run is to be e)cluded and the date of performance included# If the last day of the period. the time shall not run until the ne)t or'ing day# (a) Se%&#!n (' 0ffe&t of interruption# $ Should an act be done hich effectively interrupts the running of the period. or by order of the court.) Se%&#!n 12' 02&eptions# $ %he provisions of sections . as thus computed. the tender need not be made# %he service must be made so as to allo the itness a reasonable time for preparation and travel to the place of attendance# If the subpoena is du&es te&um. &*.) Se%&#!n 7' Personal appearan&e in &ourt# $ A person present in court before a +udicial officer may be re9uired to testify as if he ere in attendance upon a subpoena is sued by such court or officer# ((=.) Se%&#!n 9' Contempt# $ ?ailure by any person ithout ade9uate cause to obey a subpoena served upon him shall be deemed a contempt of the court from hich the subpoena is issued# If the subpoena as not issued by a court. or a legal holiday in the place here the court sits. falls on a Saturday a Sunday. or by any applicable statute. e)cept that. &*. or to a detention prisoner if no permission of the court in hich his case is pending as obtained# (<a. documents or things demanded shall also be tendered# (/a. and the cost of such arrant and sei. hen a subpoena is issued by or on behalf of the &epublic of the Philippines or an officer or agency thereof. may issue a arrant to the sheriff of the province. &*. &*. and < of this &ule shall not apply to a itness ho resides more than one hundred ((==) 'ilometers from his residence to the place here he is to testify by the ordinary course of travel. upon proof of the service thereof and of the failure of the itness. to arrest the itness and bring him before the court or officer here his attendance is re9uired. the allo able period after such interruption shall start to run on the day after notice of the cessation of the cause thereof# %he day of the act that caused the interruption shall be e)cluded in the computation of the period# (n) . the court or +udge issuing the subpoena.) Se%&#!n 1' Compelling attendan&e# $ In case of failure of a itness to attend. or his deputy.) RULE (( C!37/&a&#!n !0 T#3e Se%&#!n 1' 8o% to &ompute time# $ In computing any period of time prescribed or allo ed by these &ules.

nature. %hen may 'e ta/en# $ !y leave of court after +urisdiction has been obtained over any defendant or over property hich is the sub+ect of the action. so far as admissible under the rules of evidence. the testimony of any person. sic'ness. infirmity.a. hether or not a party. or (*) that the itness resides at a distance more than one hundred ((==) 'ilometers from the place of trial or hearing. to (. custody. or imprisonment. in the . that such e)ceptional circumstances e)ist as to ma'e it desirable. and location of any boo's. director. or association hich is a party may be used by an adverse party for any purpose1 (c) %he deposition of a itness. any part or all of a deposition. documents. hether a party or not. or ithout such leave after an ans er has been served. partnership. hether relating to the claim or defense of any other party. may be ta'en. or is out of the Philippines. may be used by any party for any purpose if the court finds" (() that the itness is dead.) that the itness is unable to attend or testify because of age. or (-) that the party offering the deposition has been unable to procure the attendance of the itness by subpoena1 or (5) upon application and notice. of &ule (. condition. by deposition upon oral e)amination or ritten interrogatories# %he attendance of itnesses may be compelled by the use of a subpoena as provided in &ule *(# Depositions shall be ta'en only in accordance ith these &ules# %he deposition of a person confined in prison may be ta'en only by leave of court on such terms as the court prescribes# ((a. hich is relevant to the sub+ect of the pending action. &*-) Se%&#!n (' S&ope of e2amination# $ 7nless other ise ordered by the court as provided by section (/ or (. may be used against any party ho as present or represented at the ta'ing of the deposition or ho had due notice thereof.se of depositions# $ At the trial or upon the hearing of a motion or an interlocutory proceeding. or managing agent of a public or private corporation.RULE () De7!$#&#!n$ Pen-#n4 A%&#!n Se%&#!n 1' 1epositions pending a&tion. not privileged. the deponent may be e)amined regarding any matter. unless it appears that his absence as procured by the party offering the deposition. &*-) Se%&#!n )' 02amination and &ross-e2amination# $ 0)amination and cross6e)amination of deponents may proceed as permitted at the trial under sections . or (. at the instance of any party. in accordance ith any one of the follo ing provisions1 (a) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a itness1 (b) %he deposition of a party or of any one ho at the time of ta'ing the deposition as an officer. including the e)istence. or other tangible things and the identity and location of persons having 'no ledge of relevant facts# (*. &*-) Se%&#!n *' .*# (. of this &ule. description.

and ith such direction as are +ust and appropriate# 4fficers may be designated in notices or commissions either by name or descriptive title and letters rogatory may be addressed to the appropriate +udicial authority in the foreign country# ((*a. &*-) Se%&#!n 12' Persons 'efore %hom depositions may 'e ta/en %ithin the Philippines# $ 2ithin the Philippines depositions may be ta'en before any +udge. or the person referred to in section (. notary public.interest of +ustice and ith due regard to the importance of presenting the testimony of itnesses orally in open court. &*-) Se%&#!n 9' Re'utting deposition# $ At the trial or hearing any party may rebut any relevant evidence contained in a deposition hether introduced by him or by any other party# (<. &*-) Se%&#!n 7' 0ffe&t of ta/ing depositions# $ A party shall not be deemed to ma'e a person his o n itness for any purpose by ta'ing his deposition# (:.hereof# (((a. &*-) Se%&#!n 1(' Commission or letters rogatory# $ A commission or letters rogatory shall be issued only hen necessary or convenient. consul general.. but this shall not apply to the use by an adverse party of a deposition as described in paragraph (b) of section . and any party may introduce any other parts# (-a. &*-) Se%&#!n 11' Persons 'efore %hom depositions may 'e ta/en in foreign &ountries# $ In a foreign state or country. on application and notice. the adverse party may re9uire him to introduce all of it hich is relevant to the part introduced. or consular agent of the &epublic of the Philippines. &*-) . &*-) Se%&#!n 1' 0ffe&t of using depositions# $ %he introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent ma'es the deponent the itness of the party introducing the deposition.hereof# ((=a. (b) before such person or officer as may be appointed by commission or under letters rogatory1 or (c) the person referred to in section (. consul. ob+ection may be made at the trial or hearing. hen an action has been dismissed and another action involving the same sub+ect is after ard brought bet een the same parties or their representatives or successors in interest. vice6consul. depositions may be ta'en (a) on notice before a secretary of embassy or legation. &*-) Se%&#!n +' 0ffe&t of su'stitution of parties# $ Substitution of parties does not affect the right to use depositions previously ta'en1 and. and on such terms. to receiving in evidence any deposition or part thereof for any reason hich ould re9uire the e)clusion of the evidence if the itness ere then present and testifying (/.' )'+e&tions to admissi'ility# $ Sub+ect to the provisions of section *< of this &ule.of this &ule# (. to allo the deposition to be used1 and (d) If only part of a deposition is offered in evidence by a party. &*-) Se%&#!n . all depositions la fully ta'en and duly filed in the former action may be used in the latter as if originally ta'en therefor# (5.

record the testimony of the itness# %he testimony shall be ta'en stenographically unless the parties agree other ise# All ob+ections made at the time of the e)amination to the 9ualifications of the officer ta'ing the deposition. upon motion seasonably made by any party or by the person to be e)amined and for good cause sho n. in accordance ith these &ules and hen so ta'en may be used li'e other depositions# ((-a.Se%&#!n 1)' 1is. the court may for cause sho n enlarge or shorten the time# ((5. embarrass. the court in hich the action is pending may ma'e an order that the deposition shall not be ta'en. and any other ob+ection to the proceedings. or oppression# ((/a. shall be noted by the officer upon the deposition# 0vidence ob+ected to shall be ta'en sub+ect to the ob+ections# In lieu of participating in the oral e)amination. developments. or that the scope of the e)amination shall be held ith no one present e)cept the parties to the action and their officers or counsel. &*-) Se%&#!n 1+' 1eposition upon oral e2amination1 noti&e1 time and pla&e# $ A party desiring to ta'e the deposition of any person upon oral e)amination shall give reasonable notice in riting. or that certain matters shall not be in9uired into.ed to administer oaths. or employee of such counsel1 or ho is financially interested in the action# ((. if 'no n. embarrassment. the court in hich the action is pending or the &egional %rial Court of the place here the deposition is being ta'en may order the officer . or to the evidence presented. a general description sufficient to identify him or the particular class or group to hich he belongs# 4n motion of any party upon hom the notice is served.' )rders for the prote&tion of parties and deponents# $ After notice is served for ta'ing a deposition by oral e)amination. or by some one acting under his direction and in his presence. &*-) Se%&#!n 1. or that the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court or the court may ma'e any other order hich +ustice re9uires to protect the party or itness from annoyance. or employee or counsel of any of the parties. or that secret processes. at any time or place.a. or to the conduct of any party. &*-) Se%&#!n 11' Motion to terminate or limit e2amination# $ At any time during the ta'ing of the deposition. or that it may be ta'en only on ritten interrogatories. or oppress the deponent or party. on motion or petition of any party or of the deponent. and upon a sho ing that the e)amination is being conducted in bad faith or in such manner as unreasonably to annoy. or that after being sealed the deposition shall be opened only by order of the court. ho shall propound them to the itness and record the ans ers (er'atim# ((:. or ho is a relative ithin the same degree. or research need not be disclosed. or that it may be ta'en only at some designated place other than that stated in the notice. &*-) Se%&#!n 1*' Stipulations regarding ta/ing of depositions# $ If the parties so stipulate in riting. oath1 o'+e&tions# $ %he officer before hom the deposition is to be ta'en shall put the itness on oath and shall personally.ualifi&ation 'y interest# $ >o deposition shall be ta'en before a person ho is a relative ithin the si)th degree of consanguinity or affinity. to every other party to the action# %he notice shall state the time and place for ta'ing the deposition and the name and address of each person to be e)amined. or to the manner of tal'ing it. and if the name is not 'no n. parties served ith notice of ta'ing a deposition may transmit ritten interrogatories to the officers. &*-) Se%&#!n 17' Re&ord of e2amination. depositions may be ta'en before any person authori.

the deposition shall be submitted to the itness for e)amination and shall be read to or by him. &*-) . the ta'ing of the deposition shall be suspended for the time necessary to ma'e a notice for an order# In granting or refusing such order. as provided in section (/ of this &ule# If the order made terminates the e)amination.a. or may limit the scope and manner of the ta'ing of the deposition. the officer shall sign it and state on the record the fact of the aiver or of the illness or absence of the itness or the fact of the refusal to sign together ith the reason be given therefor. &*-) Se%&#!n (1' Noti&e of filing# $ %he officer ta'ing the deposition shall give prompt notice of its filing to all the parties# (*(. unless the parties by stipulation aive the signing or the itness is ill or cannot be found or refuses to sign# If the deposition is not signed by the itness. including reasonable attorneyCs fees# (*-a. including reasonable attorneyCs fees# (*. and the deposition may then be used as fully as though signed. &*-) Se%&#!n ()' 9ailure to attend of party gi(ing noti&e# $ If the party giving the notice of the ta'ing of a deposition fails to attend and proceed there ith and another attends in person or by counsel pursuant to the notice. unless on a motion to suppress under section *< (f) of this &ule. &*-) Se%&#!n (2' Certifi&ation. the court may order the party giving the notice to pay to such other party the amount of the reasonable e)penses incurred by him and his counsel in so attending. the officer shall furnish a copy of the deposition to any party or to the deponent# (**. the court may order the party giving the notice to pay such other party the amount of the reasonable e)penses incurred by him and his counsel in so attending. and filing 'y offi&er# $ %he officer shall certify on the deposition that the itness as duly s orn to by him and that the deposition is a true record of the testimony given by the itness# 8e shall then securely seal the deposition in an envelope indorsed ith the title of the action and mar'ed 5Deposition of (here insert the name of itness)5 and shall promptly file it ith the court in hich the action is pending or send it by registered mail to the cler' thereof for filing# (*=. &*-) Se%&#!n 19' Su'mission to %itness1 &hanges1 signing# $ 2hen the testimony is fully transcribed. and if another party attends in person or by counsel because he e)pects the deposition of that itness to be ta'en. &*-) Se%&#!n (*' 9ailure of party gi(ing noti&e to ser(e su'poena# $ If the party giving the notice of the ta'ing of a deposition of a itness fails to serve a subpoena upon him and the itness because of such failure does not attend.a. the court holds that the reasons given for the refusal to sign re9uire re+ection of the deposition in hole or in part# ((<a.conducting the e)amination to cease forth ith from ta'ing the deposition. &*-) Se%&#!n ((' 9urnishing &opies# $ 7pon payment of reasonable charges therefor. if any. the court may impose upon either party or upon the itness the re9uirement to pay such costs or e)penses as the court may deem reasonable# ((. it shall be resumed thereafter only upon the order of the court in hich the action is pending# 7pon demand of the ob+ecting party or deponent. unless such e)amination and reading are aived by the itness and by the parties# Any changes in form or substance hich the itness desires to ma'e shall be entered upon the deposition by the officer ith a statement of the reasons given by the itness for ma'ing them# %he deposition shall then be signed by the itness.

&*-) Se%&#!n (1' )rder for the prote&tion of parties and deponents# $ After the service of the interrogatories and prior to the ta'ing of the testimony of the deponent. a party may serve recross6 interrogatories upon the party proposing to ta'e the deposition# (*5. or in the conduct of the parties and errors of any . a party so served may serve cross6 interrogatories upon the party proposing to ta'e the deposition# 2ithin five (5) days thereafter.) days after being served ith re6direct interrogatories. the latter may serve re6direct interrogatories upon a party ho has served cross6interrogatories# 2ithin three (. or materiality of testimony are not aived by failure to ma'e them before or during the ta'ing of the deposition. the court in hich the action is pending. &*-) Se%&#!n (7' Noti&e of filing and furnishing &opies# $ 2hen a deposition upon interrogatories is filed. relevancy. of this &ule hich is appropriate and +ust or an order that the deposition shall not be ta'en before the officer designated in the notice or that it shall not be ta'en e)cept upon oral e)amination# (*. unless the ground. and for good cause sho n. on motion promptly made by a party or a deponent. in the manner provided by sections (:. and file or mail the deposition. to ta'e the testimony of the itness in response to the interrogatories and to prepare. and may furnish copies to them or to the deponent upon payment of reasonable charges therefor# (*:.ualifi&ation of offi&er# $ 4b+ection to ta'ing a deposition because of dis9ualification of the officer before hom it is to be ta'en is aived unless made before the ta'ing of the deposition begins or as soon thereafter as the dis9ualification becomes 'no n or could be discovered ith reasonable diligence# (c) As to &ompeten&y or rele(an&y of e(iden&e# $ 4b+ections to the competency of itness or the competency. of the ob+ection is one hich might have been obviated or removed if presented at that time# (d) As to oral e2amination and other parti&ulars# $ 0rrors and irregularities occurring at the oral e)amination in the manner of ta'ing the deposition in the form of the 9uestions or ans ers. certify. ho shall proceed promptly. &*-) Se%&#!n (9' 0ffe&t of errors and irregularities in depositions# $ (a) As to noti&e# $ All errors and irregularities in the notice for ta'ing a deposition are aived unless ritten ob+ection is promptly served upon the party giving the notice# (b) As to dis. (/ and (. the officer ta'ing it shall promptly give notice thereof to all the parties. in the oath or affirmation. attaching thereto the copy of the notice and the interrogatories received by him# (*/.Se%&#!n (+' 1eposition upon %ritten interrogatories1 ser(i&e of noti&e and of interrogatories# $ A party desiring to ta'e the deposition of any person upon ritten interrogatories shall serve them upon every other party ith a notice stating the name and address of the person ho is to ans er them and the name or descriptive title and address of the officer before hom the deposition is to be ta'en# 2ithin ten ((=) days thereafter. may ma'e any order specified in sections (5. &*-) Se%&#!n (.a.' )ffi&ers to ta/e responses and prepare re&ord# $ A copy of the notice and copies of all interrogatories served shall be delivered by the party ta'ing the deposition to the officer designated in the notice. (< and *= of this &ule.

together ith a copy of the petition.-) Se%&#!n (' Contents of petition# $ %he petition shall be entitled in the name of the petitioner and shall sho " (a) that the petitioner e)pects to be a party to an action in a court of the Philippines but is presently unable to bring it or cause it to be brought1 (b) the sub+ect matter of the e)pected action and his interest therein1 (c) the facts hich he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it1 (d) the names or a description of the persons he e)pects ill be adverse parties and their addresses so far as 'no n1 and (e) the names and addresses of the persons to be e)amined and the substance of the testimony hich he e)pects to elicit from each. removed. or ith due diligence might have been.) days after service of the last interrogatories authori.'ind hich might be obviated. for the order described in the petition# At least t enty (*=) days before the date of the hearing.ing the petitioner to ta'e the depositions of the persons to be e)amined named in the petition for the purpose of perpetuating their testimony# (*. stating that the petitioner ill apply to the court. indorsed. the court shall cause notice thereof to be served on the parties and prospective deponents in the manner provided for service of summons# (. (<. or cured if promptly prosecuted. transmitted.-) . signed.-) Se%&#!n )' Noti&e and ser(i&e# $ %he petitioner shall serve a notice upon each person named in the petition as an e)pected adverse party. ascertained# (*<a. are aived unless reasonable ob+ection thereto is made at the ta'ing of the deposition# (e) As to form of %ritten interrogatories# $ 4b+ections to the form of ritten interrogatories submitted under sections *5 and */ of this &ule are aived unless served in riting upon the party propounding them ithin the time allo ed for serving succeeding cross or other interrogatories and ithin three (. at a time and place named therein. *= and */ of this &ule are aived unless a motion to suppress the deposition or some part thereof is made ith reasonable promptness after such defect is. &*-) RULE (* De7!$#&#!n$ :e0!re A%&#!n !r Pen-#n4 A77ea Se%&#!n 1' 1epositions 'efore a&tion1 petition# $ A person ho desires to perpetuate his o n testimony or that of another person regarding any matter that may be cogni. sealed. or other ise dealt ith by the officer under sections (:. &(. &(. filed. and shall as' for an order authori.ed# (f) As to manner of preparation# $ 0rrors and irregularities in the manner in hich the testimony is transcribed or the deposition is prepared. certified.a.able in any court of the Philippines may file a verified petition in the court of the place of the residence of any e)pected adverse party# ((a &(.

&(. by any officer thereof competent to testify in its behalf# ((a) Se%&#!n (' Ans%er to interrogatories# $ %he interrogatories shall be ans ered fully in riting and shall be signed and s orn to by the person ma'ing them# %he party upon hom the interrogatories have been served shall file and serve a copy of the ans ers on the party . or before the ta'ing of an appeal if the time therefor has not e)pired. the court in hich the +udgment as rendered may allo the ta'ing of depositions of itnesses to perpetuate their testimony for in the event of further proceedings in the said court# In such case the party ho desires to perpetuate the testimony may ma'e a motion in the said court for leave to ta'e the depositions.' . $ 7nder the same conditions specified in section ( of &ule *. before the hearing# (-a. if the party served is a public or private corporation or a partnership or association. it ould be admissible in evidence.-) Se%&#!n . &(.and 5 of &ule *.-) Se%&#!n 7' 1epositions pending appeal# $ If an appeal has been ta'en from a +udgment of a court.. although not so ta'en. any party desiring to elicit material and relevant facts from any adverse parties shall file and serve upon the latter ritten interrogatories to be ans ered by the party served or. it shall ma'e an order designating or describing the persons hose deposition may be ta'en and specifying the sub+ect matter of the e)amination and hether the depositions shall be ta'en upon oral e)amination or ritten interrogatories# %he depositions may be ta'en in accordance ith &ule *. or if. upon the same notice and service thereof as if the action as pending therein# %he motion shall state (a) the names and addresses of the persons to be e)amined and the substance of the testimony hich he e)pects to elicit from each.-) RULE (+ In&err!4a&!r#e$ &! Par&#e$ Se%&#!n 1' $nterrogatories to parties1 ser(i&e thereof. &(. and thereupon the depositions may be ta'en and used in the same manner and under the same conditions as are prescribed in these &ules for depositions ta'en in pending actions# (:a. to depositions for perpetuating testimony. it may ma'e an order allo ing the deposition to be ta'en. it may be used in any action involving the same sub+ect matter sub6se9uently brought in accordance ith the provisions of sections .-) Se%&#!n +' Referen&e to &ourt# $ ?or the purpose of applying &ule *. each reference therein to the court in hich the action is pending shall be deemed to refer to the court in hich the petition for such deposition as filed# (5a.se of deposition# $ If a deposition to perpetuate testimony is ta'en under this &ule.# (/a. including the Court of Appeals in proper cases. &(. and (b) the reason for perpetuating their testimony# If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of +ustice.Se%&#!n *' )rder and e2amination# $ If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of +ustice.

hich resolution shall be made as early as practicable# (*a) . ith notice as in case of a motion1 and ans ers shall be deferred until the ob+ections are resolved. or to give a deposition pending appeal# (n) RULE (. ithout leave of court. and the ans ers may be used for the same purposes provided in section . serve more than one set of interrogatories to be ans ered by the same party# (-) Se%&#!n +' S&ope and use of interrogatories# $ Interrogatories may relate to any matters that can be in9uired into under section * of &ule *.submitting the interrogatories ithin fifteen ((5) days after service thereof unless the court on motion and for good cause sho n.uest for admission# $ At any time after issues have been +oined. the party to hom the re9uest is directed files and serves upon the party re9uesting the admission a s orn statement either denying specifically the matters of hich an admission is re9uested or setting forth in detail the reasons hy he cannot truthfully either admit or deny those matters# 4b+ections to any re9uest for admission shall be submitted to the court by the party re9uested ithin the period for and prior to the filing of his s orn statement as contemplated in the preceding paragraph and his compliance there ith shall be deferred until such ob+ections are resolved. ithin a period designated in the re9uest. A-3#$$#!n . Se%&#!n 1' Re. a party may file and serve upon any other party may file and serve upon any other party a ritten re9uest for the admission by the latter of the genuineness of any material and relevant document described in and e)hibited ith the re9uest or of the truth of any material and relevant matter of fact set forth in the re9uest# Copies of the documents shall be delivered ith the re9uest unless copy have already been furnished# ((a) Se%&#!n (' $mplied admission# $ 0ach of the matters of hich an admission is re9uested shall be deemed admitted unless.of the same &ule# (5a) Se%&#!n . A-"er$e Par&. hich shall be at as early a time as is practicable# (. e)tends or shortens the time# (*a) Se%&#!n )' )'+e&tions to interrogatories# $ 4b+ections to any interrogatories may be presented to the court ithin ten ((=) days after service thereof.a) Se%&#!n *' Num'er of interrogatories# $ >o party may.' 0ffe&t of failure to ser(e %ritten interrogatories# $ 7nless thereafter allo ed by the court for good cause sho n and to prevent a failure of +ustice. hich shall not be less than fifteen ((5) days after service thereof. or ithin such further time as the court may allo on motion... a party not served ith ritten interrogatories may not be compelled by the adverse party to give testimony in open court.

) Se%&#!n *' . measuring. boo's. hether e)press or implied. custody or control. papers. photographs. to ithdra or amend it upon such terms as may be +ust# (-) Se%&#!n +' 0ffe&t of failure to file and ser(e re. place. the court in hich the action is pending may in its discretion order him to submit to a physical or mental e)amination by a physician# (() Se%&#!n (' )rder for e2amination# $ %he order for e)amination may be made only on motion for good cause sho n and upon notice to the party to be e)amined and to all other parties.Se%&#!n )' 0ffe&t of admission# $ Any admission made by a party pursuant to such re9uest is for the purpose of the pending action only and shall not constitute an admission by him for any other purpose nor may the same be used against him in any other proceeding# (.uest for admission# $ 7nless other ise allo ed by the court for good cause sho n and to prevent a failure of +ustice a party ho fails to file and serve a re9uest for admission on the adverse party of material and relevant facts at issue hich are. ithin the personal 'no ledge of the latter.hen e2amination may 'e ordered# $ In an action in hich the mental or physical condition of a party is in controversy. manner. ob+ects or tangible things. place and manner of ma'ing the inspection and ta'ing copies and photographs. of any designated documents.ithdra%al# $ %he court may allo the party ma'ing an admission under the &ule. accounts. conditions and scope of the e)amination and the person or persons by hom it is to be made# (*) . by or on behalf of the moving party. hich constitute or contain evidence material to any matter involved in the action and hich are in his possession. and may prescribe such terms and conditions as are +ust# ((a) RULE (1 P9. shall not be permitted to present evidence on such facts# (n) RULE (7 Pr!-/%&#!n !r In$7e%&#!n !0 D!%/3en&$ !r T9#n4$ Se%&#!n 1' Motion for produ&tion or inspe&tion1 order# $ 7pon motion of any party sho ing good cause therefor. or (b) order any party to permit entry upon designated land or other property in his possession or control for the purpose of inspecting. or photographing the property or any designated relevant ob+ect or operation thereon# %he order shall specify the time. letters.Men&a E<a3#na&#!n !0 Per$!n$ Se%&#!n 1' . surveying. or ought to be.$#%a an. and shall specify the time. not privileged. the court in hich an action is pending may (a) order any party to produce and permit the inspection and copying or photographing.

the party e)amined aives any privilege he may have in that action or any other involving the same controversy. previously or thereafter made. including attorneyCs fees# If the application is denied and the court finds that it as filed ithout substantial +ustification. or an order under &ule *: to produce any document or other thing for inspection. the party causing the e)amination to be made shall deliver to him a copy of a detailed ritten report of the e)amining physician setting out his findings and conclusions# After such re9uest and delivery. to pay to the refusing party or deponent the amount of the reasonable e)penses incurred in opposing the application. to pay the proponent the amount of the reasonable e)penses incurred in obtaining the order. for an order to compel an ans er# %he same procedure may be availed of hen a party or a itness refuses to ans er any interrogatory submitted under &ules *.a) Se%&#!n *' .uen&es# $ If any party or an officer or managing agent of a party refuses to obey an order made under section ( of this &ule re9uiring him to ans er designated 9uestions. the party causing the e)amination to be made shall be entitled upon re9uest to receive from the party e)amined a li'e report of any e)amination. including attorneyCs fees# ((a) Se%&#!n (' Contempt of &ourt# $ If a party or other itness refuses to be s orn or refuses to ans er any 9uestion after being directed to do so by the court of the place in hich the deposition is being ta'en. the court shall re9uire the refusing party or deponent to ans er the 9uestion or interrogatory and if it also finds that the refusal to ans er as ithout substantial +ustification. Se%&#!n 1' Refusal to ans%er# $ If a party or other deponent refuses to ans er any 9uestion upon oral e)amination. =#&9 M!-e$ !0 D#$%!"er. or both of them. or both of them. and if a physician fails or refuses to ma'e such a report the court may e)clude his testimony if offered at the trial# (. the court may re9uire the proponent or the counsel advising the filing of the application.ai(er of pri(ilege# $ !y re9uesting and obtaining a report of the e)amination so ordered or by ta'ing the deposition of the e)aminer. of the same mental or physical condition# If the party e)amined refuses to deliver such report.Se%&#!n )' Report of findings# $ If re9uested by the party e)amined. the refusal may be considered a contempt of that court# (*a) Se%&#!n )' )ther &onse. copying. or *5# If the application is granted. it may re9uire the refusing party or deponent or the counsel advising the refusal. the e)amination may be completed on other matters or ad+ourned as the proponent of the 9uestion may prefer# %he proponent may thereafter apply to the proper court of the place here the deposition is being ta'en. the court on motion and notice may ma'e an order re9uiring delivery on such terms as are +ust. or . regarding the testimony of every other person ho has e)amined or may thereafter e)amine him in respect of the same mental or physical e)amination# (-) RULE (9 Re0/$a &! C!37 .

' 02penses against the Repu'li& of the Philippines# $ 0)penses and attorneyCs fees are not to be imposed upon the &epublic of the Philippines under this &ule# (/) RULE )2 Tr#a . or dismissing the action or proceeding or any part thereof. or the contents of the paper. or to permit entry upon land or other property or an order made under &ule *. he may apply to the court for an order re9uiring the other party to pay him the reasonable e)penses incurred in ma'ing such proof. or the physical or mental condition of the party. or enter a +udgment by default against that party. including attorneyCs fees# 7nless the court finds that there ere good reasons for the denial or that admissions sought ere of no substantial importance. the court may ma'e such orders in regard to the refusal as are +ust. or the character or description of the thing or land. after being served ith a proper notice. and among others the follo ing" (a) An order that the matters regarding hich the 9uestions ere as'ed. may stri'e out all or any part of any pleading of that party. such order shall be issued# (-a) Se%&#!n +' 9ailure of party to attend or ser(e ans%ers# $ If a party or an officer or managing agent of a party ilfully fails to appear before the officer ho is to ta'e his deposition. or fails to serve ans ers to interrogatories submitted under &ule *5 after proper service of such interrogatories.a) Se%&#!n *' 02penses on refusal to admit# $ If a party after being served ith a re9uest under &ule */ to admit the genuineness of any document or the truth of any matter of fact serves a s orn denial thereof and if the party re9uesting the admissions thereafter proves the genuineness of such document or the truth of any such matter of fact. re9uiring him to submit to a physical or mental e)amination. or rendering a +udgment by default against the disobedient party1 and (d) In lieu of any of the foregoing orders or in addition thereto. and in its discretion.photographing or to permit it to be done. or dismiss the action or proceeding or any part thereof. or from introducing evidence of physical or mental condition1 (c) An order stri'ing out pleadings or parts thereof. the court on motion and notice. an order directing the arrest of any party or agent of a party for disobeying any of such orders e)cept an order to submit to a physical or mental e)amination# (. or any other designated facts shall be ta'en to be established for the purposes of the action in accordance ith the claim of the party obtaining the order1 (b) An order refusing to allo the disobedient party to support or oppose designated claims or defenses or prohibiting him from introducing in evidence designated documents or things or items of testimony. or staying further proceedings until the order is obeyed. including attorneyCs fees# (5) Se%&#!n . order him to pay reasonable e)penses incurred by the other.

for good reasons and in the furtherance of +ustice. shall adduce evidence of the material facts pleaded by them1 (e) %he parties against hom any counterclaim or cross6claim has been pleaded. but shall have no po er to ad+ourn a trial for a longer period than one month for each ad+ournment nor more than three months in all.a. the trial shall not be postponed# (-a. shall adduce evidence in support of their defense. &**) Se%&#!n )' Re. Supreme Court# (. and to any stated time. &**1 !ar 3atter >o# . permits them to adduce evidence upon their original case1 and . if any. unless the court. shall adduce evidence of his defense.. as the e)peditious and convenient transaction of business may re9uire. even if he ob+ects or reserves the right to ob+ect to their admissibility.Se%&#!n 1' Noti&e of #rial# $ 7pon entry of a case in the trial calendar. &**) Se%&#!n +' )rder of trial# $ Sub+ect to the provisions of section * of &ule . &**) Se%&#!n (' Ad+ournments and postponements# $ A court may ad+ourn a trial from day to day.uisites of motion to postpone trial for illness of party or &ounsel# $ A motion to postpone a trial on the ground of illness of a party or counsel may be granted if it appears upon affidavit or s orn 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 non6attendance e)cusable# (5a. the trial shall be limited to the issues stated in the pre6 trial order and shall proceed as follo s" (a) %he plaintiff shall adduce evidence in support of his complaint1 (b) %he defendant shall then adduce evidence in support of his defense. cross6claim and third6party complaints1 (c) %he third6party defendant if any. counterclaim.=. and unless the court for special reasons other ise directs. and that due diligence has been used to procure it# !ut if the adverse party admits the facts to be given in evidence.uisites of motion to postpone trial for a'sen&e of e(iden&e# $ A motion to postpone a trial on the ground of absence of evidence can be granted only upon affidavit sho ing the materiality or relevancy of such evidence.(. e)cept hen authori. and so forth.ed in riting by the Court Administrator. in the order to be prescribed by the court1 (f) %he parties may then respectively adduce rebutting evidence only.) Se%&#!n *' Re. the cler' shall notify the parties of the date of its trial in such manner as shall ensure his receipt of that notice at least five (5) days before such date# (*a. counterclaim. cross6claim and fourth6party complaint1 (d) %he fourth6party. *( Euly (<<.

&. in riting. itnesses or counsel. it may order a +oint hearing or trial of any or all the matters in issue in the actions1 it may order all the actions consolidated. the court may delegate the reception of evidence to its cler' of court ho is a member of the bar# %he cler' of court shall have no po er to rule on ob+ections to any 9uestion or to the admission of e)hibits. the case shall be deemed submitted for decision. cross6claims. may order a separate trial of any claim. cross6claim. and submit the case for +udgment on the facts agreed upon. and in any case here the parties agree in riting. ithout the introduction of evidence# If the parties agree only on some of the facts in issue. upon the facts involved in the litigation.a. third6party complaints or issues# (*a) . in default or e2 parte hearings. counterclaim. the court shall determine the relative order of presentation of their evidence# ((a.=) Se%&#!n . or of any separate issue or of any number of claims. or to any of the parties. hich ob+ections shall be resolved by the court upon submission of his report and the transcripts ithin ten ((=) days from termination of the hearing# (n) RULE )1 C!n$! #-a&#!n !r Se"eran%e Se%&#!n 1' Consolidation# $ 2hen actions involving a common 9uestion of la or fact are pending before the court. and it may ma'e such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay# (() Se%&#!n (' Separate trials# $ %he court. &.(g) 7pon admission of the evidence. or third6party complaint.=) Se%&#!n 7' Statement of +udge# $ During the hearing or trial of a case any statement made by the +udge ith reference to the case. counterclaims. shall be made of record in the stenographic notes# (. the trial shall be held as to the disputed facts in such order as the court shall prescribe# (*a.' Agreed statement of fa&ts# $ %he parties to any action may agree. in furtherance of convenience or to avoid pre+udice.=) Se%&#!n 1' Suspension of a&tions# $ %he suspension of actions shall be governed by the provisions of the Civil Code# (n) Se%&#!n 9' *udge to re&ei(e e(iden&e1 delegation to &ler/ of &ourt# $ %he +udge of the court here the case is pending shall personally receive the evidence to be adduced by the parties# 8o ever. unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings# If several defendants or third6party defendants. having separate defenses appear by different counsel. and so forth. &.

) Se%&#!n (' Referen&e ordered on motion# $ 2hen the parties do not consent. or for carrying a +udgment or order into effect# (c) 2hen a 9uestion of fact.. &.a. &. or to do or perform particular acts. &. the court may order any or all of the issues in a case to be referred to a commissioner to be agreed upon by the parties or to be appointed by the court# As used in these &ules. in hich case the commissioner may be directed to hear and report upon the hole issue or any specific 9uestion involved therein1 (b) 2hen the ta'ing of an account is necessary for the information of the court before +udgment. or for carrying a +udgment or order into effect# (*a.) Se%&#!n +' Pro&eedings 'efore &ommissioner# $ 7pon receipt of the order of reference and unless other ise provided therein. or to receive and report evidence only and may fi) the date for beginning and closing the hearings and for the filing of his report# Sub+ect to other specifications and limitations stated in the order. &. the commissioner has and shall e)ercise the po er to regulate the proceedings in every hearing before him and to do all acts and ta'e all measures necessary or proper for the efficient performance of his duties under the order# 8e may issue subpoenas and subpoenas du&es te&um.) . the cler' shall forth ith furnish the commissioner ith a copy of the order of reference# %he order may specify or limit the po ers of the commissioner. the court may.RULE )( Tr#a .) Se%&#!n )' )rder of referen&e1 po%ers of the &ommissioner# $ 2hen a reference is made. he may rule upon the admissibility of evidence# %he trial or hearing before him shall proceed in all respects as it ould if held before the court# (. direct a reference to a commissioner in the follo ing cases" (a) 2hen the trial of an issue of fact re9uires the e)amination of a long account on either side. s ear itnesses..) Se%&#!n *' )ath of &ommissioner# $ !efore entering upon his duties the commissioner shall be s orn to a faithful and honest performance thereof# ((-. upon the application of either or of its o n motion. the ord 5commissioner5 includes a referee. the commissioner shall forth ith set a time and place for the first meeting of the parties or their counsel to be held ithin ten ((=) days after the date of the order of reference and shall notify the parties or their counsel# (5a. an auditor and an e)aminer# ((a. C!33#$$#!ner Se%&#!n 1' Referen&e 'y &onsent# $ !y ritten consent of both parties. other than upon the pleadings. arises upon motion or other ise.. and unless other ise provided in the order of reference. and may direct him to report only upon particular issues.. in any stage of a case.. &..

&.. &. on notice to the parties and commissioner. set forth. if they so desire# 4b+ections to the report based upon grounds hich ere available to the parties during the proceedings before the commissioner. only 9uestions of la shall thereafter be considered# ((*a. shall be deemed a contempt of the court hich appointed the commissioner# (:a &. other than ob+ections to the findings and conclusions therein. or apportioned. or recommitting it ith instructions.) Se%&#!n 11' 8earing upon report# $ 7pon the e)piration of the period of ten ((=) days referred to in the preceding section. shall not be considered by the court unless they ere made before the commissioner# ((=... depositions. he shall set forth his findings of fact and conclusions of la in his report# 8e shall attach thereto all e)hibits. &. to be ta)ed as costs against the defeated party. giving notice to the absent party or his counsel of the ad+ournment# (/a. as +ustice re9uires# ((.) Se%&#!n 1)' Compensation of &ommissioner# $ %he court shall allo the commissioner such reasonable compensation as the circumstances of the case arrant. and they shall be allo ed ten ((=) days ithin hich to signify grounds of ob+ections to the findings of the report. the parties shall be notified by the cler'.) Se%&#!n 12' Noti&e to parties of the filing of report# $ 7pon the filing of the report. &. of the testimonial evidence presented before him# (<a. &.. &.) Se%&#!n 9' Report of &ommissioner# $ 7pon the completion of the trial or hearing or proceeding before the commissioner. affidavits.' 9ailure of parties to appear 'efore &ommissioner# $ If a party fails to appear at the time and place appointed. may apply to the court for an order re9uiring the commissioner to e)pedite the proceedings and to ma'e his report# (. papers and the transcript. &. the report shall be set for hearing. or re+ecting the report in hole or in part.... ad+ourn the proceedings to a future day.Se%&#!n . in his discretion.a.. after hich the court shall issue an order adopting.) Se%&#!n 1' Commissioner shall a(oid delays# $ It is the duty of the commissioner to proceed ith all reasonable diligence# 0ither party.) Se%&#!n 7' Refusal of %itness# $ %he refusal of a itness to obey a subpoena issued by the commissioner or to give evidence before him. the commissioner may proceed e2 parte or.) RULE )) De3/rrer &! E"#-en%e .) Se%&#!n 1(' Stipulations as to findings# $ 2hen the parties stipulate that a commissionerCs findings of fact shall be final. if any.. modifying. or re9uiring the parties to present further evidence before the commissioner or the court# (((a. he shall file ith the court his report in riting upon the matters submitted to him by the order of reference# 2hen his po ers are not specified or limited.

or cross6claim or to obtain a declaratory relief may. depositions or admissions for a summary +udgment in his favor upon all or any part thereof# ((a. J/-43en&$ Se%&#!n 1' Summary +udgment for &laimant# $ A party see'ing to recover upon a claim. the material facts alleged in the complaint shall al ays be proved# ((a. sho that. the court may1 on motion of that party. counterclaim. move ith supporting affidavits. &. +udgment is not rendered upon the hole case or for all the reliefs sought and a trial is necessary. there is no genuine issue as to any material fact and that the moving party is entitled to a +udgment as a matter of la # (.-) Se%&#!n *' Case not fully ad+udi&ated on motion# $ If on motion under this &ule. depositions or admissions for a summary +udgment in his favor as to all or any part thereof# (*a.Se%&#!n 1' 1emurrer to e(iden&e# $ After the plaintiff has completed the presentation of his evidence. e)cept as to the amount of damages. move ith supporting affidavits. in actions for declaration of nullity or annulment of marriage or for legal separation.-) Se%&#!n (' Summary +udgment for defending party# $ A party against hom a claim. by e)amining the pleadings and the evidence before it and by interrogating counsel shall ascertain hat material facts e)ist ithout substantial controversy and . and admissions on file. depositions. &. at any time after the pleading in ans er thereto has been served. &. or admissions at least three (. counterclaim. supporting affidavits.-) Se%&#!n )' Motion and pro&eedings thereon# $ %he motion shall be served at least ten ((=) days before the time specified for the hearing# %he adverse party may serve opposing affidavits.a. the +udgment sought shall be rendered forth ith if the pleadings.) days before the hearing# After the hearing. the defendant may move for dismissal on the ground that upon the facts and the la the plaintiff has sho n no right to relief# If his motion is denied he shall have the right to present evidence# If the motion is granted but on appeal the order of dismissal is reversed he shall be deemed to have aived the right to present evidence# ((a. or other ise admits the material allegations of the adverse partyCs pleading. depositions. &.5) RULE )* J/-43en& !n &9e P ea-#n4$ Se%&#!n 1' *udgment on the pleadings# $ 2here an ans er fails to tender an issue. direct +udgment on such pleading# 8o ever. &(<) RULE )+ S/33ar. the court at the hearing of the motion. at any time. or cross6claim is asserted or a declaratory relief is sought may.

&. and shall sho affirmatively that the affiant is competent to testify to the matters stated therein# Certified true copies of all papers or parts thereof referred to in the affidavit shall be attached thereto or served there ith# (5a. the court shall forth ith order the offending party or counsel to pay to the other party the amount of the reasonable e)penses hich the filing of the affidavits caused him to incur including attorneyCs fees. stating clearly and distinctly the facts and the la on hich it is based.' Affida(its in 'ad faith# $ Should it appear to its satisfaction at any time that any of the affidavits presented pursuant to this &ule are presented in bad faith. signed by him.En&r. T9ere!0 Se%&#!n 1' Rendition of +udgments and final orders# $ A +udgment or final order determining the merits of the case shall be in riting personally and directly prepared by the +udge. (=. it may. the +udgment or final order shall forth ith be entered by the cler' in the boo' of entries of +udgments# %he date of finality of the +udgment or final order shall be deemed to be the date of its entry# %he record shall contain the dispositive part of the +udgment or final order and shall be signed by the cler'. &5() Se%&#!n )' *udgment for or against one or more of se(eral parties# $ Eudgment may be given for or against one or more of several plaintiffs and for or against one or more of several defendants# 2hen +ustice so demands. after hearing further ad+udge the offending party or counsel guilty of contempt# (/a.-) RULE ). and filed ith the cler' of the court# ((a) Se%&#!n (' 0ntry of +udgments and final orders# $ If no appeal or motion for ne trial or reconsideration is filed ithin the time provided in these &ules. J/-43en&$. the court may re9uire the parties on each side to file adversary pleadings as bet een themselves and determine their ultimate rights and obligations# (. F#na Or-er$ an. or solely for the purpose of delay.-) Se%&#!n +' 9orm of affida(its and supporting papers# $ Supporting and opposing affidavits shall be made on personal 'no ledge. ithin a certificate that such +udgment or final order has become final and e)ecutory# (*a.hat are actually and in good faith controverted# It shall thereupon ma'e an order specifying the facts that appear ithout substantial controversy.-) Se%&#!n . and directing such further proceedings in the action as are +ust# %he facts so specified shall be deemed established. hen a several +udgment is proper.) Se%&#!n *' Se(eral +udgments# $ In an action against several defendants. shall set forth such facts as ould be admissible in evidence. leaving the action to proceed against the others# (-) . and the trial shall be conducted on the controverted facts accordingly# (-a. including the e)tent to hich the amount of damages or other relief is not in controversy. render +udgment against one or more of them. &. &. the court may.

' *udgment against entity %ithout +uridi&al personality# $ 2hen +udgment is rendered against t o or more persons sued as an entity ithout +uridical personality. $ %he motion shall be made in riting stating the ground or grounds therefor. hich he could not. ith reasonable diligence. at any stage. the aggrieved party may also move for reconsideration upon the grounds that the damages a arded are e)cessive. the +udgment shall set out their individual or proper names. the court.Se%&#!n +' Separate +udgments# $ 2hen more than one claim for relief is presented in an action. a ritten notice of hich shall be served by the movant on the adverse party# A motion for ne trial shall be proved in the manner provided for proof of motion# A motion for the cause mentioned in paragraph (a) of the preceding section shall be supported by affidavits of merits hich may be rebutted by affidavits# A motion for the cause mentioned in paragraph (b) shall be supported by affidavits of the itnesses by hom such evidence is e)pected to be given. or that the decision or final order is contrary to la # ((a) Se%&#!n (' Contents of motion for ne% trial or re&onsideration and noti&e thereof. may render a separate +udgment disposing of such claim# %he +udgment shall terminate the action ith respect to the claim so disposed of and the action shall proceed as to the remaining claims# In case a separate +udgment is rendered the court by order may stay its enforcement until the rendition of a subse9uent +udgment or +udgments and may prescribe such conditions as may be necessary to secure the benefit thereof to the party in hose favor the +udgment is rendered# (5a) Se%&#!n . and hich if presented ould probably alter the result# 2ithin the same period. upon a determination of the issues material to a particular claim and all counterclaims arising out of the transaction or occurrence hich is the sub+ect matter of the claim. have discovered and produced at the trial. accident. if 'no n# (/a) RULE )7 Ne= Tr#a !r Re%!n$#-era&#!n$ Se%&#!n 1' 3rounds of and period for filing motion for ne% trial or re&onsideration# $ 2ithin the period for ta'ing an appeal. that the evidence is insufficient to +ustify the decision or final order. mista'e or e)cusable negligence hich ordinary prudence could not have guarded against and by reason of hich such aggrieved party has probably been impaired in his rights1 or (b) >e ly discovered evidence. or by duly authenticated documents hich are proposed to be introduced in evidence# . the aggrieved party may move the trial court to set aside the +udgment or final order and grant a ne trial for one or more of the follo ing causes materially affecting the substantial rights of said party" (a) ?raud.

and the action shall stand for trial de no(o1 but the recorded evidence ta'en upon the former trial.' 0ffe&t of granting of motion for ne% trial# $ If a ne trial is granted in accordance ith the provisions of this &ules the original +udgment or final order shall be vacated. may be filed ithin the time herein provided e)cluding the time during hich the first motion had been pending# >o party shall be allo ed a second motion for reconsideration of a +udgment or final order (-a. shall be used at the ne trial ithout reta'ing the same# (5a) Se%&#!n 7' Partial ne% trial or re&onsideration# $ If the grounds for a motion under this &ule appear to the court to affect the issues as to only a part. the remedy being an appeal from the +udgment or final order# (n) . of the parties to it. or less than all. or less than an of the matter in controversy. or stay the enforcement of such +udgment or final order until after the ne trial# (:a) Se%&#!n 9' Remedy against order denying a motion for ne% trial or re&onsideration# $ An order denying a motion for ne trial or reconsideration is not appealed. based on a ground not e)isting nor available hen the first motion as made. or only one.a) Se%&#!n *' Resolution of motion# $ A motion for ne trial or reconsideration shall be resolved ithin thirty (. I&@) Se%&#!n .A motion for reconsideration shall point out a specifically the findings or conclusions of the +udgment or final order hich are not supported by the evidence or hich are contrary to la ma'ing e)press reference to the testimonial or documentary evidence or to the provisions of la alleged to be contrary to such findings or conclusions# A pro forma motion for ne trial or reconsideration shall not toll the reglementary period of appeal# (*a) Se%&#!n )' A&tion upon motion for ne% trial or re&onsideration# $ %he trial court may set aside the +udgment or final order and grant a ne trial. it may amend such +udgment or final order accordingly# (. or may deny the motion# If the court finds that e)cessive damages have been a arded or that the +udgment or final order is contrary to the evidence or la .=) days from the time it is submitted for resolution# (n) Se%&#!n +' Se&ond motion for ne% trial# $ A motion for ne trial shall include all grounds then available and those not so included shall be deemed aived# A second motion for ne trial. the court may either enter a +udgment or final order as to the rest. the court may order a ne trial or grant reconsideration as to such issues if severable ithout interfering ith the +udgment or final order upon the rest# (/a) Se%&#!n 1' 0ffe&t of order for partial ne% trial# $ 2hen less than all of the issues are ordered retried. insofar as the same is material and competent to establish the issues. -. upon such terms as may be +ust.

together ith copies of the petition and the accompanying affidavits# (-a) Se%&#!n +' Preliminary in+un&tion pending pro&eedings# $ %he court in hich the petition is filed may grant such preliminary in+unction as may be necessary for the preservation of the rights of the parties. and must be accompanied ith affidavits sho ing the fraud. accident.' Pro&eedings after ans%er is filed# $ After the filing of the ans er or the e)piration of the period therefor. it finds that the allegations thereof are not true. issued or ta'en# %he court shall then proceed to hear and . the court in hich it is filed. has been prevented from ta'ing an appeal.) Se%&#!n *' )rder to file an ans%er# $ If the petition is sufficient in form and substance to +ustify relief. mista'e. final order. filed ithin si)ty (/=) days after the petitioner learns of the +udgment. or such proceeding as ta'en. the court shall hear the petition and if after such hearing. shall issue an order re9uiring the adverse parties to ans er the same ithin fifteen ((5) days from the receipt thereof# %he order shall be served in such manner as the court may direct. conditioned that if the petition is dismissed or the petitioner fails on the trial of the case upon its merits. by fraud. he may file a petition in such court and in the same case praying that the +udgment. and not more than si) (/) months after such +udgment or final order as entered. he ill pay the adverse party all damages and costs that may be a arded to him by reason of the issuance of such in+unction or the other proceedings follo ing the petition. mista'e. !r O&9er Pr!%ee-#n4$ Se%&#!n 1' Petition for relief from +udgment. or any other proceeding is thereafter ta'en against a party in any court through fraud. accident. order or proceeding be set aside# (*a) Se%&#!n (' Petition for relief from denial of appeal# $ 2hen a +udgment or final order is rendered by any court in a case. of the petitioner# (5a) Se%&#!n . and the facts constituting the petitionerCs good and substantial cause of action or defense. or other proceeding to be set aside. or e)cusable negligence. the petition shall be dismissed1 but if it finds said allegations to be true. or other pro&eedings# $ 2hen a +udgment or final order is entered. upon the filing by the petitioner of a bond in favor of the adverse party.RULE )1 Re #e0 0r!3 J/-43en&$. accident. but such in+unction shall not operate to discharge or e)tinguish any lien hich the adverse party may have ac9uired upon. the property. it shall set aside the +udgment or final order or other proceeding complained of upon such terms as may be +ust# %hereafter the case shall stand as if such +udgment. or e)cusable negligence relied upon. he may file a petition in such court and in the same case praying that the appeal be given due course# ((a) Se%&#!n )' #ime for filing petition1 &ontents and (erifi&ation# $ A petition provided for in either of the preceding sections of this &ule must be verified. order. mista'e. or e)cusable negligence. and a party thereto. as the case may be# (. final order or other proceeding had never been rendered. Or-er$.

Sa&#$0a%&#!n an. at the time of the filing of such motion. on motion of the +udgment obligee.determine the case as if a timely motion for a ne trial or reconsideration had been granted by it# (/a) Se%&#!n 7' Pro&edure %here the denial of an appeal is set aside# $ 2here the denial of an appeal is set aside. direct the court of origin to issue the rit of e)ecution# (n) Se%&#!n (' 1is&retionary e2e&ution# $ (a) 02e&ution of a +udgment or final order pending appeal# $ 4n motion of the prevailing party ith notice to the adverse party filed in the trial court hile it has +urisdiction over the case and is in possession of either the original record or the record on appeal. the lo er court shall be re9uired to give due course to the appeal and to elevate the record of the appealed case as if a timely and proper appeal had been made# (:a) RULE )9 E<e%/&#!n. as the case may be. ith notice to the adverse party# %he appellate court may. or motion. said court may. submitting there ith certified true copies of the +udgment or +udgments or final order or orders sought to be enforced and of the entry thereof.E00e%& !0 J/-43en&$ Se%&#!n 1' 02e&ution upon +udgments or final orders# $ 0)ecution shall issue as a matter of right. in its discretion. order e)ecution of a +udgment or final order even before the e)piration of the period to appeal# After the trial court has lost +urisdiction the motion for e)ecution pending appeal may be filed in the appellate court# Discretionary e)ecution may only issue upon good reasons to be stated in a special order after due hearing# (b) 02e&ution of se(eral. the e)ecution may forth ith be applied for in the court of origin. hen the interest of +ustice so re9uires. upon a +udgment or order that disposes of the action or proceeding upon the e)piration of the period to appeal therefrom if no appeal has been duly perfected# ((a) If the appeal has been duly perfected and finally resolved. separate or partial +udgment may be e)ecuted under the same terms and conditions as e)ecution of a +udgment or final order pending appeal# (*a) Se%&#!n )' Stay of dis&retionary e2e&ution# $ Discretionary e)ecution issued under the preceding section may be stayed upon approval by the proper court of a sufficient supersedeas . separate or partial +udgments# $ A several. on motion in the same case.

e)ecution may issue or be enforced in the follo ing manner" (a) In case of the death of the +udgment obligee. or successor in interest1 (b) In case of the death of the +udgment obligor. receivership. restoring or granting the in+unction. accounting and support. or the enforcement of a lien thereon1 (c) In case of the death of the +udgment obligor. accounting.a ) Se%&#!n *' *udgments not stayed 'y appeal# $ Eudgments in actions for in+unction. receivership. against his e)ecutor or administrator or successor in interest. and the officer ma'ing the sale shall account to the corresponding e)ecutor or administrator for any surplus in his hands# (:a) Se%&#!n 1' $ssuan&e. and such other +udgments as are no or may hereafter be declared to be immediately e)ecutory. upon the application of his e)ecutor or administrator. or annulled. a +udgment may be enforced by action# %he revived +udgment may also be enforced by motion ithin five (5) years from the date of its entry and thereafter by action before it is barred by the statute of limitations# (/a) Se%&#!n 7' 02e&ution in &ase of death of party# $ In case of the death of a party. if the +udgment be for the recovery of real or personal property. the dispositive part of the sub+ect +udgment or order1 and (. after e)ecution is actually levied upon any of his property. form and &ontents of a %rit of e2e&ution# $ %he rit of e)ecution shall" (() issue in the name of the &epublic of the Philippines from the court hich granted the motion1 (*) state the name of the court. be stayed by an appeal ta'en therefrom. or a ard of support# %he stay of e)ecution shall be upon such terms as to bond or other ise as may be considered proper for the security or protection of the rights of the adverse party# (-a) Se%&#!n +' 0ffe&t of re(ersal of e2e&uted +udgment# $ 2here the e)ecuted +udgment is reversed totally or partially.' 02e&ution 'y motion or 'y independent a&tion# $ A final and e)ecutory +udgment or order may be e)ecuted on motion ithin five (5) years from the date of its entry# After the lapse of such time.bond filed by the party against hom it is directed. on appeal or other ise. conditioned upon the performance of the +udgment or order allo ed to be e)ecuted in case it shall be finally sustained in hole or in part# %he bond thus given may be proceeded against on motion ith notice to the surety# (. in the manner hereinafter provided" . shall be enforceable after their rendition and shall not. the trial court may.) re9uire the sheriff or other proper officer to hom it is directed to enforce the rit according to its terms. the case number and title. unless other ise ordered by the trial court# 4n appeal therefrom. modifying. and before it is barred by the statute of limitations. issue such orders of restitution or reparation of damages as e9uity and +ustice may arrant under the circumstances# (5a) Se%&#!n . the same may be sold for the satisfaction of the +udgment obligation. the appellate court in its discretion may ma'e an order suspending. on motion.

certified ban' chec' payable to the +udgment obligee. the amount of the +udgment debt under proper receipt directly to the +udgment obligee or his authori. to deliver the possession of the same. costs. describing it. aside from the principal obligation under the +udgment# ?or this purpose. or profits covered by the +udgment out of the personal property of the person against hom it as rendered. or if the same is not practicable. heirs. or any other form of payment acceptable to the latter. rents. or profits due as of the date of the issuance of the rit. shall be delivered to the +udgment obligor hile the la ful fees shall be retained by the cler' . the +udgment obligor shall deliver the aforesaid payment to the e)ecuting sheriff# %he latter shall turn over all the amounts coming into his possession ithin the same day to the cler' of court of the court that issued the rit. rents. devisees.(a) If the e)ecution be against the property of the +udgment obligor. to the party entitled thereto. deposit said amounts to a fiduciary account in the nearest government depository ban' of the &egional %rial Court of the locality# %he cler' of said court shall thereafter arrange for the remittance of the deposit to the account of the court that issued the rit hose cler' of court shall then deliver said payment to the +udgment obligee in satisfaction of the +udgment# %he e)cess.ed representative is not present to receive payment. then out of the real property1 and (e) In all cases. damages. ho% enfor&ed# $ (a) $mmediate payment on demand# $ %he officer shall enforce an e)ecution of a +udgment for money by demanding from the +udgment obligor the immediate payment of the full amount stated in the rit of e)ecution and all la ful fees# %he +udgment obligor shall pay in cash. to satisfy the +udgment. or trustees of the +udgment obligor. and if sufficient personal property cannot be found. if any. tenants. the motion for e)ecution shall specify the amounts of the foregoing reliefs sought by the movant#(. damages. and to satisfy any costs. out of such property1 (c) If it be for the sale of real or personal property to sell such property describing it. to satisfy the +udgment. ith interest. the rit of e)ecution shall specifically state the amount of the interest. legatees. the material parts of hich shall be recited in the rit of e)ecution1 (d) If it be for the delivery of the possession of real or personal property.ed representative if present at the time of payment# %he la ful fees shall be handed under proper receipt to the e)ecuting sheriff ho shall turn over the said amount ithin the same day to the cler' of court of the court that issued the rit# If the +udgment obligee or his authori. and apply the proceeds in conformity ith the +udgment. out of the real or personal property of such +udgment obligor1 (b) If it be against real or personal property in the hands of personal representatives. ith interest.a) Se%&#!n 9' 02e&ution of +udgments for money.

sufficient to satisfy the +udgment# If the +udgment obligor does not e)ercise the option.of court for disposition as provided by la # In no case shall the e)ecuting sheriff demand that any payment by chec' be made payable to him# (b) Satisfa&tion 'y le(y# $ If the +udgment obligor cannot pay all or part of the obligation in cash. shall have the right to indicate the garnishee or garnishees ho shall be re9uired to deliver the amount due. other ise. credits. stoc's. may be levied upon in li'e manner and ith li'e effect as under a rit of attachment# (c) 3arnishment of de'ts and &redits# $ %he officer may levy on debts due the +udgment obligor and other credits. financial interests. the +udgment obligor. and then on the real properties if the personal properties are insufficient to ans er for the +udgment# %he sheriff shall sell only a sufficient portion of the personal or real property of the +udgment obligor hich has been levied upon# 2hen there is more property of the +udgment obligor than is sufficient to satisfy the +udgment and la ful fees. of for value and not other ise e)empt from e)ecution giving the latter the option to immediately choose hich property or part thereof may be levied upon. if available. and other personal property. royalties. or any interest in either real or personal property. he must sell only so much of the personal or real property as is sufficient to satisfy the +udgment and la ful fees# &eal property. e)cept the la ful fees hich shall be paid directly to the court# In the event there are t o or more garnishees holding deposits or credits sufficient to satisfy the +udgment. the officer shall levy upon the properties of the +udgment obligor of every 'ind and nature hatsoever hich may be disposed. the choice shall be made by the +udgment obligee# . the report shall state ho much funds or credits the garnishee holds for the +udgment obligor# %he garnished amount in cash. or certified ban' chec' issued in the name of the +udgment obligee. commissions and other personal property not capable of manual delivery in the possession or control of third parties# Fevy shall be made by serving notice upon the person o ing such debts or having in his possession or control such credits to hich the +udgment obligor is entitled# %he garnishment shall cover only such amount as ill satisfy the +udgment and all la ful fees# %he garnishee shall ma'e a ritten report to the court ithin five (5) days from service of the notice of garnishment stating hether or not the +udgment obligor has sufficient funds or credits to satisfy the amount of the +udgment# If not. shares. including ban' deposits. certified ban' chec' or other mode of payment acceptable to the +udgment obligee. if any. debts. shall be delivered directly to the +udgment obligee ithin ten ((=) or'ing days from service of notice on said garnishee re9uiring such delivery. the officer shall first levy on the personal properties.

and employing such means as may be reasonably necessary to reta'e possession.%he e)ecuting sheriff shall observe the same procedure under paragraph (a) ith respect to delivery of payment to the +udgment obligee# (. demolish or remove said improvements e)cept upon special order of the court. or to deliver deeds or other documents. describing it. if necessary. to sell such property. and apply the proceeds in conformity ith the +udgment# (. the court in lieu of directing a conveyance thereof may by an order divest the title of any party and vest it in others. rents or profits a arded by the +udgment shall be satisfied in the same manner as a +udgment for money# ((. or to perform.a. the officer shall oust all such persons therefrom ith the assistance. hich shall have the force and effect of a conveyance e)ecuted in due form of la # ((=a) (b) Sale of real or personal property# $ If the +udgment be for the sale of real or personal property. or upon any other person re9uired thereby. any other specific act in connection there ith. of appropriate peace officers. and the party fails to comply ithin the time specified. the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act hen so done shall have li'e effect as if done by the party# If real or personal property is situated ithin the Philippines. a certified copy of the +udgment shall be attached to the rit of e)ecution and shall be served by the officer upon the party against hom the same is rendered. to obey the same. (5a) Se%&#!n 12' 02e&ution of +udgments for spe&ifi& a&t# $ (a) Con(eyan&e. deli(ery of deeds. and place the +udgment obligee in possession of such property# Any costs. the officer shall ta'e possession of the same and forth ith deliver it to the party entitled thereto and satisfy any +udgment for money as therein provided# (.) or'ing days.AcBa) (c) 1eli(ery or restitution of real property# $ %he officer shall demand of the person against hom the +udgment for the delivery or restitution of real property is rendered and all persons claiming rights under him to peaceably vacate the property ithin three (.a) (d) Remo(al of impro(ements on property su'+e&t of e2e&ution# $ 2hen the property sub+ect of the e)ecution contains improvements constructed or planted by the +udgment obligor or his agent.a) Se%&#!n 11' 02e&ution of spe&ial +udgments# $ 2hen a +udgment re9uires the performance of any act other than those mentioned in the t o preceding sections. or by la . other ise. issued upon motion of the +udgment obligee after the hearing and after the former has failed to remove the same ithin a reasonable time fi)ed by the court# ((-a) (e) 1eli(ery of personal property# $ In +udgment for the delivery of personal property. and restore possession thereof to the +udgment obligee. and such party or person may be punished for contempt if he disobeys such +udgment# (<a) . or other spe&ifi& a&ts1 (esting title# $ If a +udgment directs a party to e)ecute a conveyance of land or personal property. damages. the officer shall not destroy.

/) days on the proceedings . or three carabaos. not e ceeding three hundred thousand pesos in value. of a value not e ceeding one hundred thousand pesos. The writ of e ecution shall be returnable to the court issuing it immediately after the judgment has been satisfied in part or in full( -f the judgment cannot be satisfied in full within thirty (. dentists. (i) $o much of the salaries. and land necessarily used in connection therewith. (m) "roperties specially e empted by law( )ut no article or species of property mentioned in this section shall be e empt from e ecution issued upon a judgment recovered for its price or upon a judgment of foreclosure of a mortgage thereon( (*+a) Section 14. (c) Three horses. privileges. pharmacists. or livelihood. or the homestead in which he resides. or other beasts of burden. lawyers. engineers. (d) His necessary clothing and articles for ordinary personal use. teachers. employment. or earnings of the judgment obligor for his personal services within the four months preceding the levy as are necessary for the support of his family. (l) The right to receive legal support. (e) Household furniture and utensils necessary for house!eeping. title and interest of the +udgment obligor in such property at the time of the levy./) days after his receipt of the writ. wages. (g) The professional libraries and e#uipment of judges. (f) "rovisions for individual or family use sufficient for four months. (j) %ettered gravestones. (b) Ordinary tools and implements personally used by him in his trade. clergymen. and used for that purpose by the judgment obligor and his family. such as the judgment obligor may select necessarily used by him in his ordinary occupation. (h) One fishing boat and accessories not e ceeding the total value of one hundred thousand pesos owned by a fisherman and by the lawful use of which he earns his livelihood. the officer shall report to the court and state the reason therefor( $uch writ shall continue in effect during the period within which the judgment may be enforced by motion( The officer shall ma!e a report to the court every thirty (. the follo ing property. shall be e)empt from e)ecution" (a) The judgment obligor's family home as provided by law. such as the judgment obligor may select. physicians. sub+ect to liens and encumbrances then e)isting# ((/a) Se%&#!n 1)' Property e2empt from e2e&ution# $ 0)cept as other ise e)pressly provided by la . (!) &onies. surveyors. benefits. Return of writ of execution( .Se%&#!n 1(' 0ffe&t of le(y on e2e&ution as to third person# $ %he levy on e)ecution shall create a lien in favor of the +udgment obligee over the right. and other professionals. or annuities accruing or in any manner growing out of any life insurance. e cluding jewelry. or three cows. or any pension or gratuity from the 'overnment. or money or property obtained as such support. and no other.

considering the character and condition of the property. on demand of the officer. files a bond approved by the court to indemnity the third1party claimant in a sum not less than the value of the property levied on( -n case of disagreement as to such value. written notice of the sale shall be given to the judgment obligor. to any third1party claimant if such bond is filed( 9othing herein contained shall prevent such claimant or any third person from vindicating his claim to the property in a separate action. and if the assessed value of the property e ceeds fifty thousand ("2/. stating the grounds of such right or title.) days before the sale. the officer shall not be bound to !eep the property.///(//) pesos. and a serves the same upon the officer ma!ing the levy and a copy thereof upon the judgment obligee.( The notice shall specify the place. and serves the same upon the officer ma!ing the levy and copy thereof.) public places. by publishing a copy of the notice once a wee! for two (+) consecutive wee!s in one newspaper selected by raffle. )efore the sale of property on e ecution. the sale shall be held in the place where the property is located( (*8a) Section 16. -f the property levied on is claimed by any person other than the judgment obligor or his agent. (d) -n all cases. for such time as may be reasonable. stating the grounds of such right or tittle. e cept as provided in paragraph (a) hereof where notice shall be given the same manner as personal service of pleadings and other papers as provided by section 5 of 6ule *. Proceedings where property claimed by third person ( . (b) -n case of other personal property. having general circulation in the province or city. 4ilipino. the sale of the property or personal property not capable of manual delivery shall be held in the office of the cler! of court of the 6egional Trial 7ourt or the &unicipal Trial 7ourt which issued the writ of or which was designated by the appellate court( -n the case of personal property capable of manual delivery. or any major regional language published.) public places above1mentioned for not less than five (2) days. by posting written notice of the time and place of the sale in three (. in the absence thereof. Notice of sale of property on execution( . at least three (. or prevent the judgment obligee from claiming damages in the same or a separate action against a third1party claimant who filed a frivolous or plainly spurious claim( . date and e act time of the sale which should not be earlier than nine o'cloc! in the morning and not later than two o'cloc! in the afternoon( The place of the sale may be agreed upon by the parties( -n the absence of such agreement. by posting a similar notice in the three (. the same shall be determined by the court issuing the writ of e ecution( 9o claim for damages for the ta!ing or !eeping of the property may be enforced against the bond unless the action therefor is filed within one hundred twenty (*+/) days from the date of the filing of the bond( The officer shall not be liable for damages for the ta!ing or !eeping of the property.ta!en thereon until the judgment is satisfied in full. (c) -n case of real property. unless such judgment obligee. notice thereof must be given as follows0 (a) -n case of perishable property. by posting for twenty (+/) days in the three (. post office and public mar!et in the municipality or city where the sale is to ta!e place. edited and circulated or.) public places abovementioned a similar notice particularly describing the property and stating where the property is to be sold. and shall be filed with the court and copies thereof promptly furnished the parties( (**a) Section 15. or its effectivity e pires( The returns or periodic reports shall set forth the whole of the proceedings ta!en. preferably in conspicuous areas of the municipal or city hall. whether in 3nglish. and such person ma!es an affidavit of his title thereto or right to the possession thereof.

e ecute and deliver to him a . No sale if judgment and costs paid( . pays the purchase price.a) Section 17. nor his deputies. capable of manual delivery. <n officer selling without the notice prescribed by section *2 of this 6ule shall be liable to pay punitive damages in the amount of five thousand ("2. the officer may adjourn the sale to any date and time agreed upon by them( :ithout such agreement. if present at the sale. Adjournment of sale( . the officer may again sell the property to the highest bidder and shall not be responsible for any loss occasioned thereby. he shall be represented by the $olicitor 'eneral and if held liable therefor. he shall pay only the e cess( (+. both to be recovered by motion in the same action. in which event such proceeds shall be for the benefit of the judgment obligor( The officer may thereafter reject any subse#uent bid of such purchaser who refuses to pay( (++a) Section 21. <t any time before the sale of property on e ecution. in addition to his actual damages. in addition to his actual damages. or. he need not pay the amount of the bid if it does not e ceed the amount of his judgment( -f it does. may direct the order in which property. if done before the sale. unless otherwise directed by the judgment or order of the court( :hen the sale is of real property. consisting of several !nown lots.///(//) pesos to any person injured thereby. or their duly authori>ed representatives. or any officer duly representing it. :hen the purchaser of any personal property. and may punish him for contempt if he disobeys the order( The amount of such payment shall be for the benefit of the person entitled to the proceeds of the e ecution. when a portion of such real property is claimed by a third person.///(//) pesos to any person injured by reason thereof. Conveyance to purchaser of personal property capable of manual delivery ( . real or personal shall be sold. to the highest bidder. Penalty for selling without notice. <ll sales of property under e ecution must be made at public auction. the filing of such bond shall not be re#uired. to start at the e act time fi ed in the notice( <fter sufficient property has been sold to satisfy the e ecution. and no third1party claim has been filed. unless the e ecution has been fully satisfied. and in case the sheriff or levying officer is sued for damages as a result of the levy. can become a purchaser. the actual damages adjudged by the court shall be paid by the 9ational Treasurer out of such funds as may be appropriated for the purpose( (*. who may direct manner and order of sale( .:hen the writ of e ecution is issued in favor of the 6epublic of the "hilippines. Judgment obligee as purchaser( . Refusal of purchaser to pay( . How property sold on execution. he may adjourn the sale from day to day if it becomes necessary to do so for lac! of time to complete the sale on the day fi ed in the notice or the day to which it was adjourned( (+?a) Section 23. or removing or defacing notice( . nor be interested directly or indirectly in any purchase at such sale( (+*a) Section 20. it must be sold within view of those attending the same and in such parcels as are li!ely to bring the highest price( The judgment obligor. if desired. :hen the purchaser is the judgment obligee. to be recovered by motion in the same action( (*=a) Section 18. shall be liable to pay five thousand ("2. no more shall be sold and any e cess property or proceeds of the sale shall be promptly delivered to the judgment obligor or his authori>ed representative. and a person willfully removing or defacing the notice posted. -f a purchaser refuses to pay the amount bid by him for property struc! off to him at a sale under e ecution. or before the satisfaction of the judgment if it be satisfied before the sale. when such property consists of several !nown lots or parcels which can be sold to advantage separately( 9either the officer conducting the e ecution sale. )y written consent of the judgment obligor and obligee. the officer ma!ing the sale must deliver the property to the purchaser and. he may re#uire it to be sold separately( :hen the sale is of personal property capable of manual delivery. they must be sold separately. but the court may order the refusing purchaser to pay into the court the amount of such loss. the judgment obligor may prevent the sale by paying the amount re#uired by the e ecution and the costs that have been incurred therein( (+/a) Section 19. with costs.a) Section 22.

with interest( "roperty so redeemed may again be redeemed within si ty (5/) days after the last redemption upon payment of the sum paid on the last redemption. successive redemptions. judgment or mortgage on the property sold. !ime and manner of" and amounts payable on. or on some part thereof. a) Section 26. may redeem the property from the purchaser. Conveyance of real property. at any time within one (*) year from the date of the registration of the certificate of sale. or any part thereof sold separately. (d) < statement that the right of redemption e pires one (*) year from the date of the registration of the certificate of sale( $uch certificate must be registered in the registry of deeds of the place where the property is situated( (+. (c) The whole price paid by him.certificate of sale( The sale conveys to the purchaser all the rights which the judgment obligor had in such property as of the date of the levy on e ecution or preliminary attachment( (+2a) Section 24. (b) The price paid for each distinct lot or parcel. the officer ma!ing the sale must e ecute and deliver to the purchaser a certificate of sale( $uch certificate conveys to the purchaser all the rights which the judgment obligor had in such property as of the date of the levy on e ecution or preliminary attachment( (+5a) Section 25. 6eal property sold as provided in the last preceding section. subse#uent to the lien under which the property was sold( $uch redeeming creditor is termed a redemptioner( (+=a) Section 28.. @pon a sale of real property. Certificate of sale where property claimed by third person ( . the officer must give to the purchaser a certificate of sale containing0 (a) < particular description of the real property sold. Conveyance to purchaser of personal property not capable of manual delivery ( . +? and +2 of this 6ule shall ma!e e press mention of the e istence of such third1 party claim( (+8a) Section 27. up to the time of redemption. by paying the purchaser the amount of his purchase. with the per centum per month interest thereon in addition. with two per centum thereon in addition and the amount of any assessments or ta es which the last redemptioner may have paid thereon after redemption by him. and if the purchaser be also a creditor having a prior lien to that of the redemptioner. and interest on such last named amount at the same rate. with interest on such last named amount. (b) < creditor having a lien by virtue of an attachment. certificate thereof given to purchaser and filed with registry of deeds( . and in addition. pays the purchase price. :hen a property sold by virtue of a writ of e ecution has been claimed by a third person. The judgment obligor. by the following persons0 (a) The judgment obligor. :hen the purchaser of any personal property. or redemptioner. may be redeemed in the manner hereinafter provided. the certificate of sale to be issued by the sheriff pursuant to sections +. notice to be given and filed( . not capable of manual delivery. the amount of any liens held by said last . ho may redeem real property so sold( . the amount of such other lien. together with the amount of any assessments or ta es which the purchaser may have paid thereon after purchase. or his successor in interest in the whole or any part of the property. other than the judgment under which such purchase was made.

The purchaser or a redemptioner shall not be entitled to receive the rents. < redemptioner must produce to the officer. redeemed from any previous redemptioner within si ty (5/) days after the last redemption. showing the amount then actually due on the lien( (. no further redemption shall be allowed and he is restored to his estate( The person to whom the redemption payment is made must e ecute and deliver to him a certificate of redemption ac!nowledged before a notary public or other officer authori>ed to ta!e ac!nowledgments of conveyances of real property( $uch certificate must be filed and recorded in the registry of deeds of the place in which the property is situated and the registrar of deeds must note the record thereof on the margin of the record of the certificate of sale( The payments mentioned in this and the last preceding sections may be made to the purchaser or redemptioner. a memorandum of the record thereof. or. or the value of the use and occupation thereof when such property is in the possession of a tenant( <ll rents. and the amounts of any assessments or ta es which the last previous redemptioner paid after the redemption thereon. whereupon.redemptioner prior to his own. and in the latter case shall have the same validity as though the officer ma!ing the sale had continued in office and e ecuted it( . earnings and income of property pending redemption ( . and as often as a redemptioner is so disposed. and serve with his notice to the officer a copy of the judgment or final order under which he claims the right to redeem. and if any assessments or ta es are paid by the redemptioner or if he has or ac#uires any lien other than that upon which the redemption was made. %anner of using premises pending redemption . restrain the commission of waste on the property by injunction. to whom payments on redemption made( . if so redeemed whenever si ty (5/) days have elapsed and no other redemption has been made. with interest( :ritten notice of any redemption must be given to the officer who made the sale and a duplicate filed with the registry of deeds of the place. earnings and income of the property sold on e ecution. with interest( The property may be again. on paying the sum paid on the last previous redemption. but it is not waste for a person in possession of the property at the time of the sale. to continue to use it in the same manner in which it was previously used.. and the time for redemption has e pired. with interest thereon. or entitled to possession afterwards. #ffect of redemption by judgment obligor. the last redemptioner is entitled to the conveyance and possession. waste restrained( .*a) Section 30.?a) Section 33. or to ma!e the necessary repairs to buildings thereon while he occupies the property( (. with two per centum thereon in addition. and an affidavit e ecuted by him or his agent. or for him to the officer who made the sale( (. the court may. or. or liens( (. or an original or certified copy of any assignment necessary to establish his claim. notice thereof must in li!e manner be given to the officer and filed with the registry of deeds. ta es. Proof re$uired of redemptioner( ./a) Section 29. earnings and income derived from the property pending redemption shall belong to the judgment obligor until the e piration of his period of redemption( (. &eed and possession to be given at expiration of redemption period . and the amount of any liens held by the last redemptioner prior to his own. if such notice be not filed.a) Section 32. the property may be redeemed without paying such assessments. with or without notice. -f no redemption be made within one (*) year from the date of the registration of the certificate of sale.+a) Section 31. the purchaser is entitled to a conveyance and possession of the property. @ntil the e piration of the time allowed for redemption. but in all cases the judgment obligor shall have the entire period of one (*) year from the date of the registration of the sale to redeem the property( The deed shall be e ecuted by the officer ma!ing the sale or by his successor in office. by whom executed or given( . or to use it in the ordinary course of husbandry. on the application of the purchaser or the judgment obligee. Rents. and a certificate to be delivered and recorded thereupon. if he redeems upon a mortgage or other lien. certified by the cler! of the court wherein the judgment or final order is entered. -f the judgment obligor redeems he must ma!e the same payments as are re#uired to effect a redemption by a redemptioner. or person from whom he see!s to redeem. during the period allowed for redemption. certified by the registrar of deeds. as in other proper cases. and notice thereof given.

or any one of several obligors in the same judgment. and upon failure to obey such order or subpoena or to be sworn. or other juridical entity has property of such judgment obligor or is indebted to him. he must ta!e it in writing and certify it to the court( <ll e aminations and answers before a court commissioner must be under oath. or so much thereof as has not been delivered to the judgment obligor. the purchaser or redemptioner shall be substituted to and ac#uire all the rights. he may compel repayment from the principal( (. and when a corporation or other juridical entity answers.a) Section 36. but the proceedings may be adjourned from time to time. either by sale of his property or before sale. or he may. by an order or subpoena. or his successor in interest. < party or other person may be compelled.5a) Section 35. he may on motion in the same action or in a separate action recover from the judgment obligee the price paid. may be punished for contempt as in other cases( 3 aminations shall not be unduly prolonged. he may compel a contribution from the others. by an order. in conse#uence of irregularities in the proceedings concerning the sale.2a) Section 34. #nforcement of attendance and conduct of examination ( . the court may. :hen the return of a writ of e ecution issued against property of a judgment obligor. or member thereof. in whole or in part. Right to contribution or reimbursement ( . or to answer as a witness or to subscribe his deposition. at a time and place within the province or city where such debtor resides or is found. shall be entitled to an order from the court which rendered the said judgment. or because the judgment has been reversed or set aside. to appear before the court or a commissioner appointed by it. fails to recover the possession thereof. have the original judgment revived in his name for the whole price with interest. or is evicted therefrom. and upon proof to the satisfaction of the court which issued the writ.@pon the e piration of the right of redemption. revival of judgment( . and when a judgment is upon an obligation of one of them. shows that the judgment remains unsatisfied. as security for another. or so much thereof as has been delivered to the judgment obligor( The judgment so revived shall have the same force and effect as an original judgment would have as of the date of the revival and no more( (. or other juridical entity. or because the property sold was e empt from e ecution. or any officer. corporation.. without a sale. that a person. until they are completed( -f the e amination is before a commissioner.=a) Section 38. Recovery of price if sale not effective. or any part thereof. or because a third person has vindicated his claim to the property. at any time after such return is made. with interest. or one of them pays. corporation. re#uiring such judgment obligor to appear and be e amined concerning his property and income before such court or before a commissioner appointed by it at a specified time and place. and the court may also re#uire notice of such proceedings to be given to any party to the action in such manner as it may deem proper( (. and proceedings may thereupon be had for the application of the property and income of the judgment obligor towards the satisfaction of the judgment( )ut no judgment obligor shall be so re#uired to appear before a court or commissioner outside the province or city in which such obligor resides or is found( (. and the surety pays the amount. in whole or in part. it must be on the oath of an authori>ed officer or agent thereof( (?/a) .8a) Section 37. #xamination of obligor of judgment obligor( . and more than a due proportion of the judgment is satisfied out of the proceeds of the sale of the property of one of them. more than his proportion. #xamination of judgment obligor when judgment unsatisfied ( . to attend before the court or commissioner to testify as provided in the two preceding sections. and be e amined concerning the same( The service of the order shall bind all credits due the judgment obligor and all money and property of the judgment obligor in the possession or in the control of such person corporation. -f the purchaser of real property sold on e ecution. :hen property liable to an e ecution against several persons is sold thereon. or juridical entity from the time of service. the judgment obligee. on motion. re#uire such person. :hen the return of a writ of e ecution against the property of a judgment obligor shows that the judgment remain unsatisfied. interest and claim of the judgment obligor to the property as of the time of the levy( The possession of the property shall be given to the purchaser or last redemptioner by the same officer unless a third party adversely to the judgment obligor( (. title.

and upon his failure to pay any such installment when due without good e cuse. and an opportunity at the surety's re#uest to join in the defense( (?8a) . the property of the judgment obligor not e empt from e ecution( (?. Proceedings when indebtedness denied or another person claims the property ( . #ntry of satisfaction with or without admission( . 'rder for application of property and income to satisfaction of judgment ( . or of a corporation or other juridical entity. :henever a judgment is satisfied in fact. or may order the entry of satisfaction to be made without such admission( (?. (ale of ascertainable interest of judgment obligor in real estate ( . and may punish disobedience of such order as for contempt( $uch order may be modified or vacated at any time by the court which issued it. upon such terms as may be just( (?2a) Section 44. and such sale shall be conducted in all respects in the same manner as is provided for the sale of real state upon e ecution. or indorse an admission of the satisfaction as provided in the last preceding section.?a) Section 43. $atisfaction of a judgment shall be entered by the cler! of court in the court doc!et. the latter is also bound from the time that he has notice of the action or proceeding. by an order made to that effect. to be applied to the satisfaction of the judgment. alleged to have property of the judgment obligor or to be indebted to him. forbid a transfer or other disposition of such interest or debt within one hundred twenty (*+/) days from notice of the order. 'bligor may pay execution against obligee( . or by the court in which the action is brought. #ntry of satisfaction of judgment by cler) of court( . The court may appoint a receiver of the property of the judgment obligor. and the proceedings thereon shall be approved by the court before the e ecution of the deed( (. -f it appears that the judgment obligor has an interest in real estate in the place in which proceedings are had. -f it appears that a person or corporation. as mortgagor or mortgagee or other1 wise. and after notice and upon motion the court may order either the judgment obligee or his counsel to do so. the judgment obligee to institute an action against such person or corporation for the recovery of such interest or debt. and the sheriff's receipt shall be a sufficient discharge for the amount so paid or directed to be credited by the judgment obligee on the e ecution( (?*a) Section 40. hen principal bound by judgment against surety( . or upon the endorsement of such admission by the judgment obligee or his counsel. The court may order any property of the judgment obligor. Appointment of receiver( . or money due him.a) Section 42. on the face of the record of the judgment( (?5a) Section 45. may punish him for indirect contempt( (?+a) Section 41.a) Section 46. or any interference with. <fter a writ of e ecution against property has been issued. claims an interest in the property adverse to him or denied the debt. and in the e ecution boo!. the court may order that he pay the judgment in fi ed monthly installments. the court may authori>e. in the manner prescribed in section = of this 6ule. :hen a judgment is rendered against a party who stands as surety for another. upon investigation of his current income and e penses. not e empt from e ecution. subject to any prior rights over such property( -f. the judgment obligee or his counsel must e ecute and ac!nowledge. or otherwise than upon an e ecution on demand of the judgment obligor. and his interest therein can be ascertained without controversy the receiver may be ordered to sell and convey such real estate or the interest of the obligor therein. or upon the filing of an admission to the satisfaction of the judgment e ecuted and ac!nowledged in the same manner as a conveyance of real property by the judgment obligee or by his counsel unless a revocation of his authority is filed. it appears that the earnings of the judgment obligor for his personal services are more than necessary for the support of his family. in the hands of either himself or another person.Section 39. a person indebted to the judgment obligor may pay to the sheriff holding the writ of e ecution the amount of his debt or so much thereof as may be necessary to satisfy the judgment. upon the return of a writ of e ecution showing the full satisfaction of the judgment. and it may also forbid a transfer or other disposition of.

by title subse#uent to the commencement of the action or special proceeding. or which was actually and necessarily included therein or necessary thereto( (?=a) Section 48. and (c) -n any other litigation between the same parties or their successors in interest. <n appeal may be ta!en within fifteen (*2) days after notice to the appellant of the judgment or final order appealed from( :here a record on appeal is re#uired. or legal condition or status of a particular person or his relationship to another. want of notice to the party. conclusive between the parties and their successors in interest. collusion. or in respect to the personal. status or relationship of the person. or clear mista!e of law or fact( (2/a) Appeals RULE 40 Appeal From !nicipal "rial #o!rts to t$e Re%ional "rial #o!rts Section 1. the judgment or final order may be repelled by evidence of a want of jurisdiction. the judgment or final order is. or the administration of the estate of a deceased person. #ffect of judgments or final orders( .Section 47. with respect to the matter directly adjudged or as to any other matter that could have been missed in relation thereto. fraud. and (b) -n case of a judgment or final order against a person. The effect of a judgment or final order of a tribunal of a foreign country. the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subse#uent title( -n either case. litigating for the same thing and under the same title and in the same capacity. the probate of a will or granting of letters of administration shall only be prima facie evidence of the death of the testator or intestate. hen to appeal( . or in respect to the probate of a will. the will or administration or the condition. political./) days after notice of the judgment or final order( . the appellant shall file a notice of appeal and a record on appeal within thirty (. however. having jurisdiction to pronounce the judgment or final order. is conclusive upon the title to the thing. the judgment or final order. may be as follows0 (a) -n case of a judgment or final order against a specific thing. <n appeal from a judgment or final order of a &unicipal Trial 7ourt may be ta!en to the 6egional Trial 7ourt e ercising jurisdiction over the area to which the former pertains( The title of the case shall remain as it was in the court of origin. that only is deemed to have been adjudged in a former judgment or final order which appears upon its face to have been so adjudged. The effect of a judgment or final order rendered by a court of the "hilippines. the judgment or final order is conclusive upon the title to the thing. here to appeal( . #ffect of foreign judgments or final orders( . but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee( (a) Section 2. having jurisdiction to render the judgment or final order is as follows0 (a) -n case of a judgment or final order upon a specific thing. (b) -n other cases.

as the case may be( (n) Section 6. The appeal is ta!en by filing a notice of appeal with the court that rendered the judgment or final order appealed from( The notice of appeal shall indicate the parties to the appeal. or the e piration of the period to do so. lac) of jurisdiction( . a copy of which shall be furnished by him to the adverse party( :ithin fifteen (*2) days from receipt of the appellant's memorandum. it shall be the duty of the appellant to submit a memorandum which shall briefly discuss the errors imputed to the lower court. effect thereof* . the cler! of court of the 6egional Trial 7ourt shall notify the parties of such fact( (b) :ithin fifteen (*2) days from such notice. the 6egional Trial 7ourt. &uty of the cler) of court( . 6ule ?*( (n) Section 5. (a) @pon receipt of the complete record or the record on appeal. the case shall be remanded for further proceedings( .The period of appeal shall be interrupted by a timely motion for new trial or reconsideration( 9o motion for e tension of time to file a motion for new trial or reconsideration shall be allowed( (n) Section 3. Perfection of appeal. to the proper 6egional Trial 7ourt( < copy of his letter of transmittal of the records to the appellate court shall be furnished the parties( (n) Section 7. shall try the case on the merits as if the case was originally filed with it( -n case of reversal. Appellate court doc)et and other lawful fees( . and state the material dates showing the timeliness of the appeal( < record on appeal shall be re#uired only in special proceedings and in other cases of multiple or separate appeals( The form and contents of the record on appeal shall be as provided in section 5. Procedure in the Regional !rial Court( . The perfection of the appeal and the effect thereof shall be governed by the provisions of section =. the appellant shall pay to the cler! of the court which rendered the judgment or final order appealed from the full amount of the appellate court doc!et and other lawful fees( "roof of payment thereof shall be transmitted to the appellate court together with the original record or the record on appeal. the 6egional Trial 7ourt may affirm or reverse it. the case shall be considered submitted for decision( The 6egional Trial 7ourt shall decide the case on the basis of the entire record of the proceedings had in the court of original and such memoranda as are filed( (n) Section 8. shall be served on the adverse party( (n) Section 4. :ithin fifteen (*2) days from the perfection of the appeal. the judgment or final order or part thereof appealed from. the appellee may file his memorandum( 4ailure of the appellant to file a memorandum shall be a ground for dismissal of the appeal( (c) @pon the filing of the memorandum of the appellee. How to appeal( . :ithin the period for ta!ing an appeal. the cler! of court or the branch cler! of court of the lower court shall transmit the original record or the record on appeal. and the record on appeal where re#uired. -f an appeal is ta!en from an order of the lower court dismissing the case without a trial on the merits. 6ule ?*( 7opies of the notice of appeal. which he shall certify as complete. together with the transcripts and e hibits. Appeal from orders dismissing case without trial . as the case may be( -n case of affirmance and the ground of dismissal is lac! of jurisdiction over the subject matter. if it has jurisdiction thereover.

or any other ground vitiating consent. (c) <n interlocutory order.-f the case was tried on the merits by the lower court without jurisdiction over the subject matter. confession or compromise on the ground of fraud. mista!e or duress. or of a particular matter therein when declared by these 6ules to be appealable( 9o appeal may be ta!en from0 (a) <n order denying a motion for new trial or reconsideration. (f) <n order of e ecution.( . The appeal to the 7ourt of <ppeals in cases decided by the 6egional Trial 7ourt in the e ercise of its original jurisdiction shall be ta!en by filing a notice of appeal with the court which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party( 9o record on appeal shall be re#uired e cept in special proceedings and other cases of multiple or separate appeals where law on these 6ules so re#uire( -n such cases. and (h) <n order dismissing an action without prejudice( -n all the above instances where the judgment or final order is not appealable. (g) < judgment or final order for or against one or more of several parties or in separate claims. (d) <n order disallowing or dismissing an appeal. counterclaims. but shall decide the case in accordance with the preceding section. Applicability of Rule +. (e) <n order denying a motion to set aside a judgment by consent. unless the court allows an appeal therefrom. The other provisions of 6ule ?* shall apply to appeals provided for herein insofar as they are not inconsistent with or may serve to supplement the provisions of this 6ule( (n) RULE 41 Appeal From "$e Re%ional "rial #o!rts Section 1. without prejudice to the admission of amended pleadings and additional evidence in the interest of justice( (n) Section 9. while the main case is pending. the record on appeal shall be filed and served in li!e manner( . (a) 'rdinary appeal( . cross1claims and third1party complaints. (b) <n order denying a petition for relief or any similar motion see!ing relief from judgment. <n appeal may be ta!en from a judgment or final order that completely disposes of the case. (ubject of appeal( . %odes of appeal( . the aggrieved party may file an appropriate special civil action under 6ule 52( (n) Section 2. the 6egional Trial 7ourt on appeal shall not dismiss the case if it has original jurisdiction thereof.

or if no time is fi ed by the order within ten (*/) days from receipt thereof.a) Section 8./) days from notice of the judgment or final order( The period of appeal shall be interrupted by a timely motion for new trial or reconsideration( 9o motion for e tension of time to file a motion for new trial or reconsideration shall be allowed( (n) Section 4. testimonial and documentary. in their proper chronological se#uence. @pon the filing of the record on appeal for approval and if no objection is filed by the appellee within five (2) days from receipt of a copy thereof. The full names of all the parties to the proceedings shall be stated in the caption of the record on appeal and it shall include the judgment or final order from which the appeal is ta!en and. the appeal shall be to the $upreme 7ourt by petition for review on certiorari in accordance with the 6ule ?2( (n) Section 3. The appeal to the 7ourt of <ppeals in cases decided by the 6egional Trial 7ourt in the e ercise of its appellate jurisdiction shall be by petition for review in accordance with 6ule ?+( (c) Appeal by certiorari( . Joint record on appeal( . The appeal shall be ta!en within fifteen (*2) days from notice of the judgment or final order appealed from( :here a record on appeal is re#uired. a statement to that effect will be sufficient without mentioning the names of the witnesses or the numbers or letters of e hibits( 3very record on appeal e ceeding twenty (+/) pages must contain a subject inde ( (5a) Section 7. The notice of appeal shall indicate the parties to the appeal. motions and all interlocutory orders as are related to the appealed judgment or final order for the proper understanding of the issue involved. the appellant shall file a notice of appeal and a record on appeal within thirty (. Appellate court doc)et and other lawful fees( . the trial court may approve it as presented or upon its own motion or at the instance of the appellee. in chronological order. specify the judgment or final order or part thereof appealed from. and the testimonial evidence by the names of the corresponding witnesses( -f the whole testimonial and documentary evidence in the case is to be included. or such e tension thereof as may be granted. the full amount of the appellate court doc!et and other lawful fees( "roof of payment of said fees shall be transmitted to the appellate court together with the original record or the record on appeal( (n) Section 5. and state the material dates showing the timeliness of the appeal( (?a) Section 6. in li!e manner as the original draft( (. Approval of record on appeal( . may direct its amendment by the inclusion of any omitted matters which are deemed essential to the determination of the issue of law or fact involved in the appeal( -f the trial court orders the amendment of the record. Perfection of appeal. Period of ordinary appeal( . within the time limited in the order. < party's appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time( . or that fi ed by the court( (8a) Section 9. form and contents thereof* . copies of only such pleadings. -n all cases where only #uestions of law are raised or involved. effect thereof* . petitions. and shall thereupon submit the redrafted record for approval. the appellant shall pay to the cler! of the court which rendered the judgment or final order appealed from. :ithin the period for ta!ing an appeal. :here both parties are appellants. such additional matters as the court may have directed him to incorporate. shall redraft the record by including therein.(b) Petition for review( . ta!en upon the issue involved( The reference shall specify the documentary evidence by the e hibit numbers or letters by which it was identified when admitted or offered at the hearing. upon notice to the appellee. together with such data as will show that the appeal was perfected on time( -f an issue of fact is to be raised on appeal. the record on appeal shall include by reference all the evidence. specify the court to which the appeal is being ta!en. they may file a joint record on appeal within the time fi ed by section . Record on appeal. the appellant. of this 6ule. Notice of appeal( .

and allow withdrawal of the appeal( (=a) Section 10. a certified true copy of the minutes of the proceedings.< party's appeal by record on appeal is deemed perfected as to him with respect to the subject matter thereof upon the approval of the record on appeal filed in due time( -n appeals by notice of appeal. together with the proof of payment of the appellate court doc!et and other lawful fees.=. and the original and three (. (b) To verify the completeness of the records that will be. :ithin thirty (. order e ecution pending appeal in accordance with + of 6ule . permit appeals of indigent litigants. prior to the transmittal of the original record or the record on appeal. &uty of cler) of court of the lower court upon perfection of appeal ( . the certificate of correctness. the reasons for their non1 transmittal. the court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal./) days from the perfection of the appeal. (c) -f found to be incomplete. and shall cause the pages to be numbered consecutively( (*+a) Section 12. approve compromises. and the steps ta!en or that could be ta!en to have them available( The cler! of court shall furnish the parties with copies of his letter of transmittal of the records to the appellate court( (*/a) Section 11. to ta!e such measures as may be re#uired to complete the records. as the case may be aid to ma!e certification of its correctness./) days after perfection of all the appeals in accordance with the preceding section.) copies of the transcripts( 7opies of the transcripts and certified true copies of the documentary evidence shall remain in the lower court for the e amination of the parties( (**a) . the cler! shall immediately direct the stenographers concerned to attach to the record of the case five (2) copies of the transcripts of the testimonial evidence referred to in the record on appeal( The stenographers concerned shall transcribe such testimonial evidence and shall prepare and affi to their transcripts an inde containing the names of the witnesses and the pages wherein their testimonies are found. the order of approval. the court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the e piration of the time to appeal of the other parties( -n appeals by record on appeal. it shall be the duty of the cler! of court of the lower court0 (a) To verify the correctness of the original record or the record on appeal. !ranscript( . the court loses jurisdiction only over the subject matter thereof upon the approval of the records on appeal filed in due time and the e piration of the appeal of the other parties( -n either case. The cler! of the trial court shall transmit to the appellate court the original record or the approved record on appeal within thirty (. and a list of the e hibits and the pages wherein each of them appears to have been offered and admitted or rejected by the trial court( The transcripts shall be transmitted to the cler! of the trial court who shall thereupon arrange the same in the order in which the witnesses testified at the trial. and (d) To transmit the records to the appellate court( -f the efforts to complete the records fail. he shall indicate in his letter of transmittal the e hibits or transcripts not included in the records being transmitted to the appellate court. !ransmittal( . availing of the authority that he or the court may e ercise for this purpose. @pon the perfection of the appeal. transmitted to the appellate court. the original documentary evidence referred to therein.

he underta!es to promptly inform the aforesaid courts and other tribunal or agency thereof within five (2) days therefrom( (n) Section 3. The petition shall be filed in seven (. depositing the amount of "2//(// for costs. without impleading the lower courts or judges thereof either as petitioners or respondents. Contents of comment( . and shall (a) state the full names of the parties to the case. The comment of the respondent shall be filed in seven (. "rior to the transmittal of the original record or the record on appeal to the appellate court. or different divisions thereof. or any other tribunal or agency. not a motion to dismiss. the issues raised. -orm and contents( .Section 13. accompanied by certified true copies of such material portions of the record referred to therein together with other supporting papers and shall (a) state whether or not he accepts the statement of . or that the #uestions raised therein are too insubstantial to re#uire consideration( (n) Section 5. the 7ourt of <ppeals.) legible copies. and the reasons or arguments relied upon for the allowance of the appeal. and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof( (n) Section 4. The failure of the petitioner to comply with any of the foregoing re#uirements regarding the payment of the doc!et and other lawful fees. the deposit for costs. the 7ourt of <ppeals may grant an additional period of fifteen (*2) days only within which to file the petition for review( 9o further e tension shall be granted e cept for the most compelling reason and in no case to e ceed fifteen (*2) days( (n) Section 2. &ismissal of appeal( . #ffect of failure to comply with re$uirements ( . (d) be accompanied by clearly legible duplicate originals or true copies of the judgments or final orders of both lower courts. How appeal ta)en. time for filing( . or dismiss the petition if it finds the same to be patently without merit. or both. the specification of errors of fact or law. certified correct by the cler! of court of the 6egional Trial 7ourt. The 7ourt of <ppeals may re#uire the respondent to file a comment on the petition. proof of service of the petition.) legible copies. Action on the petition( . < party desiring to appeal from a decision of the 6egional Trial 7ourt rendered in the e ercise of its appellate jurisdiction may file a verified petition for review with the 7ourt of <ppeals. and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the $upreme 7ourt. paying at the same time to the cler! of said court the corresponding doc!et and other lawful fees. he must state the status of the same. if there is such other action or proceeding. the re#uisite number of plain copies thereof and of the pleadings and other material portions of the record as would support the allegations of the petition( The petitioner shall also submit together with the petition a certification under oath that he has not theretofore commenced any other action involving the same issues in the $upreme 7ourt. (b) indicate the specific material dates showing that it was filed on time. within ten (*/) days from notice. with the original copy intended for the court being indicated as such by the petitioner. allegedly committed by the 6egional Trial 7ourt. the trial court may motu propio or on motion dismiss the appeal for having been ta!en out of time( (*?a) RULE 42 &etition 'or Re(ie) From t$e Re%ional "rial #o!rts to t$e #o!rt o' Appeals Section 1. or any other tribunal or agency. (c) set forth concisely a statement of the matters involved. prosecuted manifestly for delay. and furnishing the 6egional Trial 7ourt and the adverse party with a copy of the petition( The petition shall be filed and served within fifteen (*2) days from notice of the decision sought to be reviewed or of the denial of petitioner's motion for new trial or reconsideration filed in due time after judgment( @pon proper motion and the payment of the full amount of the doc!et and other lawful fees and the deposit for costs before the e piration of the reglementary period. the 7ourt of <ppeals or different divisions thereof.

3nergy 6egulatory )oard. This 6ule shall not apply to judgments or final orders issued under the %abor 7ode of the "hilippines( (n) . -f the petition is given due course. or after the e piration of the period for the filing thereof without such comment or pleading having been submitted. or these 6ules shall provide otherwise( (a) Section 9.matters involved in the petition. "hilippine <tomic 3nergy 7ommission. order e ecution pending appeal in accordance with section + of 6ule . permit appeals of indigent litigants. the appeal shall stay the judgment or final order unless the 7ourt of <ppeals. it may accordingly give due course to the petition( (n) Section 7. Aepartment of <grarian 6eform under 6epublic <ct 9o( 552. and voluntary arbitrators authori>ed by law( (n) Section 2. the 7ourt of <ppeals may set the case for oral argument or re#uire the parties to submit memoranda within a period of fifteen (*2) days from notice( The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum re#uired by these 6ules or by the court itself( (n) RULE 43 Appeals From t$e #o!rt o' "a* Appeals an+ . 7ivil <eronautics )oard. (b) point out such insufficiencies or inaccuracies as he believes e ist in petitioner's statement of matters involved but without repetition. )oard of -nvestments. the appeal is deemed perfected as to the petitioner( The 6egional Trial 7ourt loses jurisdiction over the case upon the perfection of the appeals filed in due time and the e piration of the time to appeal of the other parties( However. <gricultural -nvention )oard.!+icial A%encies to t$e #o!rt o' Appeals Section 1. (a) @pon the timely filing of a petition for review and the payment of the corresponding doc!et and other lawful fees. the law. -f upon the filing of the comment or such other pleadings as the court may allow or re#uire. Office of the "resident. the 6egional Trial 7ourt may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal. effect thereof* . and allow withdrawal of the appeal( (=a. %and 6egistration <uthority. Trademar!s and Technology Transfer. Perfection of appeal. it may order the cler! of court of the 6egional Trial 7ourt to elevate the original record of the case including the oral and documentary evidence within fifteen (*2) days from notice( (n) Section 8. 3mployees 7ompensation 7ommission.!asi-. judgments. and (c) state the reasons why the petition should not be given due course( < copy thereof shall be served on the petitioner( (a) Section 6. before the 7ourt of <ppeals gives due course to the petition. final orders or resolutions of or authori>ed by any #uasi1judicial agency in the e ercise of its #uasi1judicial functions( <mong these agencies are the 7ivil $ervice 7ommission. 9ational 3lectrification <dministration. $ocial $ecurity 7ommission. Cases not covered( . #levation of record( . the 7ourt of <ppeals finds prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the appealed decision. This 6ule shall apply to appeals from judgments or final orders of the 7ourt of Ta <ppeals and from awards.=. :henever the 7ourt of <ppeals deems it necessary. (cope( . $ecurities and 3 change 7ommission. -nsurance 7ommission. 6?*) (b) 3 cept in civil cases decided under the 6ule on $ummary "rocedure. (ubmission for decision( . 9ational Telecommunications 7ommission. &ue course( . 7entral )oard of <ssessment <ppeals. approve compromises. 'overnment $ervice -nsurance $ystem. 7onstruction -ndustry <rbitration 7ommission.. )ureau of "atents.

How appeal ta)en( . #ffect of failure to comply with re$uirements ( . final order or resolution appealed from. <ppeal shall be ta!en by filing a verified petition for review in seven (. judgment. and proof of such service shall be filed with the 7ourt of <ppeals( (=a) Section 10. of law. or dismiss the petition if it finds the same to be patently without merit. or from the date of its last publication. together with certified true copies of such material portions of the record referred to therein and other supporting papers. Contents of comment( . (b) contain a concise statement of the facts and issues involved and the grounds relied upon for the review. The petition for review shall (a) state the full names of the parties to the case. Period of appeal( . the deposit for costs. prosecuted manifestly for delay. (c) be accompanied by a clearly legible duplicate original or a certified true copy of the award. -f upon the filing of the comment or such other pleadings or documents as may be re#uired or allowed by the 7ourt of <ppeals or upon the e piration of the period for the filing thereof.) legible copies and accompanied by clearly legible certified true copies of such material portions of the record referred to therein together with other supporting papers( The comment shall (a) point out insufficiencies or inaccuracies in petitioner's statement of facts and issues. the 7ourt of <ppeals may grant an additional period of fifteen (*2) days only within which to file the petition for review( 9o further e tension shall be granted e cept for the most compelling reason and in no case to e ceed fifteen (*2) days( (n) Section 5. proof of service of the petition. &ue course( . The failure of the petitioner to comply with any of the foregoing re#uirements regarding the payment of the doc!et and other lawful fees. if publication is re#uired by law for its effectivity. within ten (*/) days from notice. Contents of the petition( . 6ule ?+( The petition shall state the specific material dates showing that it was filed within the period fi ed herein( (+a) Section 7. or of the denial of petitioner's motion for new trial or reconsideration duly filed in accordance with the governing law of the court or agency a $uo( Only one (*) motion for reconsideration shall be allowed( @pon proper motion and the payment of the full amount of the doc!et fee before the e piration of the reglementary period. and (b) state the reasons why the petition should be denied or dismissed( < copy thereof shall be served on the petitioner. judgment. or that the #uestions raised therein are too unsubstantial to re#uire consideration( (5a) Section 9. The comment shall be filed within ten (*/) days from notice in seven (. <n appeal under this 6ule may be ta!en to the 7ourt of <ppeals within the period and in the manner herein provided. the petitioner shall pay the doc!eting and other lawful fees and deposit for costs within fifteen (*2) days from notice of the denial( (n) Section 6.) legible copies with the 7ourt of <ppeals.Section 3. or mi ed #uestions of fact and law( (n) Section 4. without impleading the court or agencies either as petitioners or respondents. and (d) contain a sworn certification against forum shopping as provided in the last paragraph of section +. and on the records the 7ourt of <ppeals finds prima facie that the court or agency concerned has . final order or resolution. The appeal shall be ta!en within fifteen (*2) days from notice of the award. the petitioner shall pay to the cler! of court of the 7ourt of <ppeals the doc!eting and other lawful fees and deposit the sum of "2//(// for costs( 3 emption from payment of doc!eting and other lawful fees and the deposit for costs may be granted by the 7ourt of <ppeals upon a verified motion setting forth valid grounds therefor( -f the 7ourt of <ppeals denies the motion. here to appeal( . and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof( (n) Section 8. with proof of service of a copy thereof on the adverse party and on the court or agency a $uo( The original copy of the petition intended for the 7ourt of <ppeals shall be indicated as such by the petitioner( @pon the filing of the petition. whether the appeal involves #uestions of fact. The 7ourt of <ppeals may re#uire the respondent to file a comment on the petition not a motion to dismiss. Action on the petition( .

The appeal shall not stay the award. !itle of cases( . -f the original record or the record on appeal is not transmitted to the 7ourt of <ppeals within thirty (. !ransmittal of record( . either party may file a motion with the trial court. the title of the case shall remain as it was in the court of origin. -f the petition is given due course. 'rder of transmittal of record( . final order or resolution sought to be reviewed unless the 7ourt of <ppeals shall direct otherwise upon such terms as it may deem just( (*/a) Section 13. in appeals by record on appeal. @pon receiving the original record or the record on appeal and the accompanying documents and e hibits transmitted by the lower court. with notice to the other. when supported by substantial evidence.a. -n all cases appealed to the 7ourt of <ppeals under 6ule ?*. the 7ourt of <ppeals may re#uire the court or agency concerned to transmit the original or a legible certified true copy of the entire record of the proceeding under review( The record to be transmitted may be abridged by agreement of all parties to the proceeding( The 7ourt of <ppeals may re#uire or permit subse#uent correction of or addition to the record( (8a) Section 12. the cler! of court of the 7ourt of <ppeals shall doc!et the case and notify the parties thereof( (?a. :ithin fifteen (*2) days from notice that the petition has been given due course. (ubmission for decision( . as well as the proof of payment of the doc!et and other lawful fees. the 7ourt of <ppeals may set the case for oral argument or re#uire the parties to submit memoranda within a period of fifteen (*2) days from notice( The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum re#uired by these 6ules or by the court of <ppeals( (n) "rocedure in the 7ourt of <ppeals RULE 44 /r+inar0 Appeale+ #ases Section 1. the appellant.) clearly legible copies of the approved record on appeal. final order or resolution sought to be reviewed. notice thereof shall be served immediately on the adverse party and filed with the court( (+a. 6?5) :ithin ten (*/) days from receipt of said notice.committed errors of fact or law that would warrant reversal or modification of the award. 6?5) Section 4. Counsel and guardians( . for the transmittal of such record or record on appeal( (. otherwise. shall be binding on the 7ourt of <ppeals( (n) Section 11. together with the proof of service of two (+) copies thereof upon the appellee( . it shall dismiss the same( The findings of fact of the court or agency concerned. 6?5) Section 3. shall file with the cler! of court seven (. judgment. but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee( (*a. The counsel and guardians ad litem of the parties in the court of origin shall be respectively considered as their counsel and guardians ad litem in the 7ourt of <ppeals( :hen others appear or are appointed. it may give due course to the petition. #ffect of appeal( . 6?5) Section 2. &oc)eting of case( ./) days after the perfection of the appeal. judgment.

their respective memoranda within a non1e tendible period of thirty (. is already attached to the record( (*. distinctly and concisely stated without repetition and numbered consecutively. (b) <n assignment of errors intended to be urged. each counsel representing one or more but not all of them shall be served with only one copy of the briefs( :hen several counsel represent one appellant or appellee. 6?5) Section 12.) copies of his legibly typewritten. e cept for good and sufficient cause. 3 tension of time for the filing of briefs will not be allowed. oral and documentary. Appellant. which errors shall be separately. the cler! of court of the 7ourt of <ppeals shall so inform said court and recommend to it measures necessary to complete the record( -t shall be the duty of said court to ta!e appropriate action towards the completion of the record within the shortest possible time( (n) Section 6./) days from receipt of the notice issued by the cler! that all the evidence. mandamus. te tboo!s and statutes cited with references to the pages where they are cited.<ny unauthori>ed alteration.a. mimeographed or printed brief. the parties shall file in lieu of briefs. :here the completion of the record could not be accomplished within a sufficient period allotted for said purpose due to insuperable or e tremely difficult causes. :ithin forty1five (?2) days from receipt of the appellant's brief.s brief* .) copies of his legibly typewritten. &ispensing with complete record( . copies of the brief may be served upon any of them( (*?a. Contents of appellant. prohibition. Appellee. on its own motion or on motion of any of the parties. the appellant may file a reply brief answering points in the appellee's brief not covered in his main brief( (*+a. omission or addition in the approved record on appeal shall be a ground for dismissal of the appeal( (n) Section 5. 6?5) Section 13. may declare that the record and its accompanying transcripts and e hibits so far available are sufficient to decide the issues raised in the appeal.s brief* . 6?5) The failure of the appellant to file his memorandum within the period therefor may be a ground for dismissal of the appeal( (n) Section 11. and only if the motion for e tension is filed before the e piration of the time sought to be e tended( (*2. and a table of cases alphabetically arranged. Appellant. oral and documentary. and shall issue an order e plaining the reasons for such declaration( (n) Section 7. 6?5) Section 10. The appellant's brief shall contain. :here the record of the doc!eted case is incomplete. Completion of record( . the following0 (a) < subject inde of the matter in the brief with a digest of the arguments and page references. #xtension of time for filing briefs( . the appellee shall file with the court seven (. the court. are attached to the record. with proof of service of two (+) copies thereof upon the appellee( (*/a. within forty1five (?2) days from receipt of the notice of the cler! that all the evidence. (everal appellants or appellees or several counsel for each party ( . 6?5) Section 9. !ime of filing memoranda in special cases( . :ithin twenty (+/) days from receipt of the appellee's brief. :here there are several appellants or appellees. . -t shall be the duty of the appellant to file with the court. in the order herein indicated. mimeographed or printed brief. 6?5) Section 8. -n certiorari.s reply brief* . with proof of service of two (+) copies thereof upon the appellant( (**a. seven (.s brief* . $uo warranto and habeas corpus cases.

in the order herein indicated the following0 (a) < subject inde of the matter in the brief with a digest of the arguments and page references. The appellee's brief shall contain. a copy of the judgment or final order appealed from( (*5a.B he shall point out such insufficiencies or inaccuracies as he believes e ist in the appellant's statement of facts with references to the pages of the record in support thereof.(c) @nder the heading B$tatement of the 7ase. and (c) @nder the heading B<rgument. the appealed rulings and orders of the court. (f) @nder the heading B<rgument. 6?5) Section 14. the 6egional Trial 7ourt . the appellant's brief shall contain. /uestions that may be raised on appeal( .B the appellee shall set forth his arguments in the case on each assignment of error with page references to the record( The authorities relied on shall be cited by the page of the report at which the case begins and the page of the report on which the citation is found( (*. and a table of cases alphabetically arranged. together with the substance of the proof relating thereto in sufficient detail to ma!e it clearly intelligible. 6?5) RULE 45 Appeal 10 Certiorari to t$e S!preme #o!rt Section 1.B a clear and concise statement of the nature of the action. but without repetition of matters in the appellant's statement of facts.a. -iling of petition with (upreme Court( . to the court for its judgment. 6?5) Section 15.B a clear and concise statement in a narrative form of the facts admitted by both parties and of those in controversy. a summary of the proceedings. the $andiganbayan.s brief* . (g) @nder the heading B6elief. and (h) -n cases not brought up by record on appeal. :hether or not the appellant has filed a motion for new trial in the court below he may include in his assignment of errors any #uestion of law or fact that has been raised in the court below and which is within the issues framed by the parties( (*8. (e) < clear and concise statement of the issues of fact or law to be submitted. as an appendi .B a specification of the order or judgment which the appellant see!s. or under the heading B7ounter1$tatement of 4acts. < party desiring to appeal by certiorari from a judgment or final order or resolution of the 7ourt of <ppeals. Contents of appellee. (b) @nder the heading B$tatement of 4acts. with page references to the record. the nature of the judgment and any other matters necessary to an understanding of the nature of the controversy with page references to the record. te tboo!s and statutes cited with references to the pages where they are cited.B the appellee shall state that he accepts the statement of facts in the appellant's brief.B the appellant's arguments on each assignment of error with page references to the record( The authorities relied upon shall be cited by the page of the report at which the case begins and the page of the report on which the citation is found. (d) @nder the heading B$tatement of 4acts.

a) Section 6. 4or purposes of determining whether the petition should be dismissed or denied pursuant to section 2 of this 6ule. +a) Section 2. (b) indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received. and (e) contain a sworn certification against forum shopping as provided in the last paragraph of section +. !ime for filing. or a certified true copy of the judgment or final order or resolution certified by the cler! of court of the court a $uo and the re#uisite number of plain copies thereof. thereof on the lower court concerned and on the adverse party shall be submitted together with the petition( (*a) Section 4. not theretofore determined by the $upreme 7ourt./) days only within which to file the petition( (*a. with full payment of the doc!et and other lawful fees and the deposit for costs before the e piration of the reglementary period. or of the denial of the petitioner's motion for new trial or reconsideration filed in due time after notice of the judgment( On motion duly filed and served. &ismissal or denial of petition( . Contents of petition( . while neither controlling nor fully measuring the court's discretion. The failure of the petitioner to comply with any of the foregoing re#uirements regarding the payment of the doc!et and other lawful fees. with the original copy intended for the court being indicated as such by the petitioner and shall (a) state the full name of the appealing party as the petitioner and the adverse party as respondent. indicate the character of the reasons which will be considered0 (a) :hen the court a $uo has decided a #uestion of substance. The petition shall be filed in eighteen (*8) copies. the petitioner shall pay the corresponding doc!et and other lawful fees to the cler! of court of the $upreme 7ourt and deposit the amount of "2//(// for costs at the time of the filing of the petition( "roof of service of a copy. extension( . was filed and when notice of the denial thereof was received. or is prosecuted manifestly for delay. The petition shall be filed within fifteen (*2) days from notice of the judgment or final order or resolution appealed from. or so far sanctioned such departure by a lower court. when a motion for new trial or reconsideration. as to call for an e ercise of the power of supervision( (?a) Section 7. 2a) Section 3. Review discretionary( . the $upreme 7ourt may for justifiable reasons grant an e tension of thirty (. (c) set forth concisely a statement of the matters involved. and will be granted only when there are special and important reasons thereof( The following. or that the #uestions raised therein are too unsubstantial to re#uire consideration( (. the $upreme 7ourt may re#uire or allow the filing of . and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof( The $upreme 7ourt may on its own initiative deny the petition on the ground that the appeal is without merit. if any. < review is not a matter of right.or other courts whenever authori>ed by law. 6ule ?+( (+a) Section 5. Pleadings and documents that may be re$uired . or has decided it in a way probably not in accord with law or with the applicable decisions of the $upreme 7ourt. proof of service of the petition. proof of service of petition( . sanctions( . without impleading the lower courts or judges thereof either as petitioners or respondents. @nless he has theretofore done so. or (b) :hen the court a $uo has so far departed from the accepted and usual course of judicial proceedings. may file with the $upreme 7ourt a verified petition for review on certiorari( The petition shall raise only #uestions of law which must be distinctly set forth( (*a. and such material portions of the record as would support the petition. &oc)et and other lawful fees. or where the petition is given due course under section 8 hereof. but of sound judicial discretion. and the reasons or arguments relied on for the allowance of the petition. deposit for costs. (d) be accompanied by a clearly legible duplicate original.

such material portions of the record as are referred to therein. the actions for annulment of judgment shall be governed by 6ule ?. when a motion for new trial or reconsideration. effect of noncompliance with re$uirements ( . The petition shall contain the full names and actual addresses of all the petitioners and respondents. tribunal. or any other tribunal or agency. for certiorari. agency or office involved or by his duly authori>ed representative( The other re#uisite number of copies of the petition shall be accompanied by clearly legible plain copies of all documents attached to the original( The petitioner shall also submit together with the petition a sworn certification that he has not theretofore commenced any other action involving the same issues in the $upreme 7ourt. the 7ourt of <ppeals. or by the proper officer of the court. mandamus and $uo warranto( 3 cept as otherwise provided. the $upreme 7ourt may re#uire the elevation of the complete record of the case or specified parts thereof within fifteen (*2) days from notice( (+a) Section 9. !itle of cases( . the 7ourt of <ppeals or different divisions thereof. or ruling subject thereof. order. This 6ule shall apply to original actions for certiorari. -f the petition is given due course. prohibition and mandamus by 6ule 52. Contents and filing of petition. &ue course. or different divisions thereof. or any other tribunal or agency. the party instituting the action shall be called the petitioner and the opposing party the respondent( (*a) Section 2. !o what actions applicable( . a concise statement of the matters involved. e cept in criminal cases where the penalty imposed is death. and impose the corresponding sanctions in case of non1filing or unauthori>ed filing of such pleadings and documents or non1compliance with the conditions therefor( (n) Section 8. he underta!es to promptly inform the aforesaid courts and other tribunal or agency thereof within five (2) days therefrom( .. elevation of records( . The mode of appeal prescribed in this 6ule shall be applicable to both civil and criminal cases. if there is such other action or proceeding. the factual bac!ground of the case.such pleadings. and for $uo warranto by 6ule 55( (n) Section 3. briefs. if any. and other documents relevant or pertinent thereto( The certification shall be accomplished by the proper cler! of court or by his duly authori>ed representative. reclusion perpetua or life imprisonment( (n) RULE 46 /ri%inal #ases Section 1. memoranda or documents as it may deem necessary within such periods and under such conditions as it may consider appropriate.) clearly legible copies together with proof of service thereof on the respondent with the original copy intended for the court indicated as such by the petitioner. resolution. the petition shall further indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received. and the grounds relied upon for the relief prayed for( -n actions filed under 6ule 52. Rule applicable to both civil and criminal cases( . prohibition. and shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment. was filed and when notice of the denial thereof was received( -t shall be filed in seven (. -n all cases originally filed in the 7ourt of <ppeals. he must state the status of the same. and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the $upreme 7ourt.

This 6ule shall govern the annulment by the 7ourt of <ppeals of judgments or final orders and resolutions in civil actions of 6egional Trial 7ourts for which the ordinary remedies of new trial. and if based on lac! of jurisdiction. as well as those supporting the petitioner's good and substantial cause of action or defense. before it is barred by laches or estoppel( (n) Section 4. Coverage( . -f based on e trinsic fraud.!+%ments o' Final /r+ers an+ Resol!tions Section 1. Period for filing action( . in a motion for new trial or petition for relief( (n) Section 3. the case may be decided on the basis of the record. as the case may be( The petition shall be filed in seven (.The petitioner shall pay the corresponding doc!et and other lawful fees to the cler! of court and deposit the amount of "2//(// for costs at the time of the filing of the petition( The failure of the petitioner to comply any of the re#uirements shall be sufficient ground for the dismissal of the petition( (n. may be filed only with leave of court( (n) Section 6. The annulment may be based only on the grounds of e trinsic fraud and lac! of jurisdiction( 3 trinsic fraud shall not be a valid ground if it was availed of. :hen no comment is filed by any of the respondents. )ar &atter 9o( 8/. Jurisdiction over person of respondent. The action shall be commenced by filing a verified petition alleging therein with particularity the facts and the law relied upon for annulment. +* Culy *==8) Section 4. The court may dismiss the petition outright with specific reasons for such dismissal or re#uire the respondent to file a comment on the same within ten (*/) days from notice( Only pleadings re#uired by the court shall be allowed( <ll other pleadings and papers. the court itself may conduct hearings thereon or delegate the reception of the evidence on such issue to any of its members or to an appropriate court. together with sufficient copies corresponding to the number of respondents( < certified true copy of the judgment or final order or resolution shall be attached to the original copy of the petition intended for the court and indicated as such by the petitioner( The petitioner shall also submit together with the petition affidavits of witnesses or documents supporting the cause of action or defense and a sworn certification that he has not theretofore commenced any other . #ffect of failure to file comment ( . without prejudice to any disciplinary action which the court may ta!e against the disobedient party( (n) RULE 47 Ann!lment o' . &etermination of factual issues( . how ac$uired( . the action must be filed within four (?) years from its discovery. 0rounds for annulment( .) clearly legible copies. The court shall ac#uire jurisdiction over the person of the respondent by the service on him of its order or resolution indicating its initial action on the petition or by his voluntary submission to such jurisdiction( (n) Section 5. :henever necessary to resolve factual issues. petition for relief or other appropriate remedies are no longer available through no fault of the petitioner( (n) Section 2. appeal. agency or office( (n) Section 7. Action by the court( . or could have been availed of.. -iling and contents of petition( .

Preliminary conference( .. . Procedure( . he must state the status of the same. or any other tribunal or agency. The procedure in ordinary civil cases shall be observed( $hould trial be necessary. the same may be dismissed outright with specific reasons for such dismissal( $hould prima facie merit be found in the petition. or any other tribunal or agency if there is such other action or proceeding. . e cept when the case is not allowed by law to be compromised (b) To define.action involving the same issues in the $upreme 7ourt. $hould the court find no substantial merit in the petition. The prescriptive period for the refiling of the aforesaid original action shall be deemed suspended from the filing of such original action until the finality of the judgment of annulment( However. simplify and clarify the issues for determination. < judgment of annulment shall set aside the #uestioned judgment or final order or resolution and render the same null and void. Annulment of judgments or final orders of %unicipal !rial Courts ( . the 7ourt of <ppeals. the prescriptive period shall not be suspended where the e trinsic1 fraud is attributable to the plaintiff in the original action( (n) Section 9. and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the $upreme 7ourt. Relief available( . the court may call the parties and their counsel to a preliminary conference( (a) To consider the possibility of an amicable settlement. the same shall be given due course and summons shall be served on the respondent( (n) Section 6. . <n action to annul a judgment or final order of a &unicipal Trial 7ourt shall be filed in the 6egional Trial 7ourt having jurisdiction over the former( -t shall be treated as an ordinary civil action and sections +. The judgment of annulment may include the award of damages. attorney's fees and other relief( -f the #uestioned judgment or final order or resolution had already been e ecuted the court may issue such orders of restitution or other relief as justice and e#uity may warrant under the circumstances( (n) Section 10. the reception of the evidence may be referred to a member of the court or a judge of a 6egional Trial 7ourt( (n) Section 7.. the court may on motion order the trial court to try the case as if a timely motion for new trial had been granted therein( (n) Section 8. 8 and = of this 6ule shall be applicable thereto( (n) RULE 48 &reliminar0 #on'erence Section 1. he underta!es to promptly inform the aforesaid courts and other tribunal or agency thereof within five (2) days therefrom( (n) Section 5. <t any time during the pendency of a case. (uspension prescriptive period( . the 7ourt of <ppeals or different divisions thereof. or different divisions thereof. #ffect of judgment( . Action by the court( . without prejudice to the original action being refiled in the proper court( However. where the judgment or final order or resolution is set aside on the ground of e trinsic fraud. ?.

upon the conclusion thereof. or those within its appellate jurisdiction where a motion for new trial is granted on the ground of newly discovered evidence. No hearing or oral argument for motions( . on the following grounds0 (a) 4ailure of the record on appeal to show on its face that the appeal was ta!en within the period fi ed by these 6ules. any party shall satisfactorily show valid cause why the same should not be followed( (n) RULE 49 /ral Ar%!ment Section 1. The proceedings at such conference shall be recorded and. on its own motion or on that of the appellee. the resolution in the preceding section shall control the subse#uent proceedings in the case unless. hen allowed( .. @nless authori>ed by the court. the court may hear the parties in oral argument on the merits of a case. Record of the conference( . <t its own instance or upon motion of a party. a resolution shall be issued embodying all the actions ta!en therein. no hearing or oral argument shall be allowed in support thereof( The adverse party may file objections to the motion within five (2) days from service. $ubject to such modifications which may be made to prevent manifest injustice. &otions shall not be set for hearing and. limit the number of witnesses to be presented in cases falling within the original jurisdiction of the court. . the stipulations and admissions made and the issues defined( (n) Section 3. (b) 4ailure to file the notice of appeal or the record on appeal within the period prescribed by these 6ules. the se#uence of the argumentation. <n appeal may be dismissed by the 7ourt of <ppeals. unless the court otherwise directs. 6?=) RULE 50 2ismissal o' Appeal Section 1. 0rounds for dismissal of appeal( . upon the e piration of which such motion shall be deemed submitted for resolution( (+=. 1inding effect of the results of the conference( . 6?8) Section 2. and (d) To ta!e up such other matters which may aid the court in the prompt disposition of the case( (6ule .(c) To formulate stipulations of facts and admissions of documentary e hibits. or on any material incident in connection therewith( (n) The oral argument shall be limited to such matters as the court may specify in its order or resolution( (*a. Conduct of oral argument( . only one counsel may argue for a party( The duration allowed for each party. and all other related matters shall be as directed by the court( (n) Section 3. 7< -nternal 6ules) (n) Section 2. within five (2) days from notice thereof.

(c) 4ailure of the appellant to pay the doc!et and other lawful fees as provided in section 2, 6ule ?/ and section ? of 6ule ?*; ()ar &atter 9o( 8/., *; 4ebruary *==8) (d) @nauthori>ed alterations, omissions or additions in the approved record on appeal as provided in section ? of 6ule ??; (e) 4ailure of the appellant to serve and file the re#uired number of copies of his brief or memorandum within the time provided by these 6ules; (f) <bsence of specific assignment of errors in the appellant's brief, or of page references to the record as re#uired in section *., paragraphs (a), (c), (d) and (f) of 6ule ??; (g) 4ailure of the appellant to ta!e the necessary steps for the correction or completion of the record within the time limited by the court in its order; (h) 4ailure of the appellant to appear at the preliminary conference under 6ule ?8 or to comply with orders, circulars, or directives of the court without justifiable cause; and (i) The fact that the order or judgment appealed from is not appealable( (*a) Section 2. &ismissal of improper appeal to the Court of Appeals( , <n appeal under 6ule ?* ta!en from the 6egional Trial 7ourt to the 7ourt of <ppeals raising only #uestions of law shall be dismissed, issues purely of law not being reviewable by said court( $imilarly, an appeal by notice of appeal instead of by petition for review from the appellate judgment of a 6egional Trial 7ourt shall be dismissed( (n) <n appeal erroneously ta!en to the 7ourt of <ppeals shall not be transferred to the appropriate court but shall be dismissed outright( (.a) Section 3. ithdrawal of appeal( , <n appeal may be withdrawn as of right at any time before the filing of the appellee's brief( Thereafter, the withdrawal may be allowed in the discretion of the court( (?a)

RULE 51 .!+%ment Section 1. judgment0 hen case deemed submitted for judgment( , < case shall be deemed submitted for

<( -n ordinary appeals( , *) :here no hearing on the merits of the main case is held, upon the filing of the last pleading, brief, or memorandum re#uired by the 6ules or by the court itself, or the e piration of the period for its filing( +) :here such a hearing is held, upon its termination or upon the filing of the last pleading or memorandum as may be re#uired or permitted to be filed by the court, or the e piration of the period for its filing( )( -n original actions and petitions for review( ,

*) :here no comment is filed, upon the e piration of the period to comment( +) :here no hearing is held, upon the filing of the last pleading re#uired or permitted to be filed by the court, or the e piration of the period for its filing( .) :here a hearing on the merits of the main case is held, upon its termination or upon the filing of the last pleading or memorandum as may be re#uired or permitted to be filed by the court, or the e piration of the period for its filing( (n) Section 2. 1y whom rendered( , The judgment shall be rendered by the members of the court who participated in the deliberation on the merits of the case before its assignment to a member for the writing of the decision( (n) Section 3. /uorum and voting in the court( , The participation of all three Custices of a division shall be necessary at the deliberation and the unanimous vote of the three Custices shall be re#uired for the pronouncement of a judgment or final resolution( -f the three justices do not reach a unanimous vote, the cler! shall enter the votes of the dissenting Custices in the record( Thereafter, the 7hairman of the division shall refer the case, together with the minutes of the deliberation, to the "residing Custice who shall designate two Custices chosen by raffle from among all the other members of the court to sit temporarily with them, forming a special division of five Custices( The participation of all the five members of the special division shall be necessary for the deliberation re#uired in section + of this 6ule and the concurrence of a majority of such division shall be re#uired for the pronouncement of a judgment or final resolution( (+a) Section 4. &isposition of a case( , The 7ourt of <ppeals, in the e ercise of its appellate jurisdiction, may affirm, reverse, or modify the judgment or final order appealed from, and may direct a new trial or further proceedings to be had( (.a) Section 5. -orm of decision( , 3very decision or final resolution of the court in appealed cases shall clearly and distinctly state the findings of fact and the conclusions of law on which it is based, which may be contained in the decision or final resolution itself, or adopted from those set forth in the decision, order, or resolution appealed from( ($ec( ?/, )" )lg( *+=) (n) Section 6. Harmless error( , 9o error in either the admission or the e clusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the trial court or by any of the parties is ground for granting a new trial or for setting aside, modifying, or otherwise disturbing a judgment or order, unless refusal to ta!e such action appears to the court inconsistent with substantial justice( The court at every stage of the proceeding must disregard any error or defect which does not affect the substantial rights of the parties( (2a) Section 7. Judgment where there are several parties( , -n all actions or proceedings, an appealed judgment may be affirmed as to some 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 begun and prosecuted, and e ecution of the judgment of affirmance may be had accordingly, and costs may be adjudged in such cases, as the court shall deem proper( (5) Section 8. /uestions that may be decided( , 9o error which does not affect the jurisdiction over the subject matter or the validity of the judgment appealed from or the proceedings therein will be considered unless stated in the assignment of errors, or closely related to or dependent on an assigned error and properly argued in the brief, save as the court may pass upon plain errors and clerical errors( (;a) Section 9. Promulgation and notice of judgment ( , <fter the judgment or final resolution and dissenting or separate opinions, if any, are signed by the Custices ta!ing part, they shall be delivered for filing to the

cler! who shall indicate thereon the date of promulgation and cause true copies thereof to be served upon the parties or their counsel( (n) Section 10. #ntry of judgments and final resolutions( , -f no appeal or motion for new trial or reconsideration is filed within the time provided in these 6ules, the judgment or final resolution shall forthwith be entered by the cler! in the boo! of entries of judgments( The date when the judgment or final resolution becomes e ecutory shall be deemed as the date of its entry( The record shall contain the dispositive part of the judgment or final resolution and shall be signed by the cler!, with a certificate that such judgment or final resolution has become final and e ecutory( (+a, 6.5) Section 11. #xecution of judgment( , 3 cept where the judgment or final order or resolution, or a portion thereof, is ordered to be immediately e ecutory, the motion for its e ecution may only be filed in the proper court after its entry( -n original actions in the 7ourt of <ppeals, its writ of e ecution shall be accompanied by a certified true copy of the entry of judgment or final resolution and addressed to any appropriate officer for its enforcement( -n appealed cases, where the motion for e ecution pending appeal is filed in the 7ourt of <ppeals at a time that it is in possession of the original record or the record on appeal, the resolution granting such motion shall be transmitted to the lower court from which the case originated, together with a certified true copy of the judgment or final order to be e ecuted, with a directive for such court of origin to issue the proper writ for its enforcement( (n)

RULE 52 otion 'or Reconsi+eration Section 1. Period for filing( , < party may file a motion for reconsideration of a judgment or final resolution within fifteen (*2) days from notice thereof, with proof of service on the adverse party( (n) Section 2. (econd motion for reconsideration( , 9o second motion for reconsideration of a judgment or final resolution by the same party shall be entertained( (n) Section 3. Resolution of motion( , -n the 7ourt of <ppeals, a motion for reconsideration shall be resolved within ninety (=/) days from the date when the court declares it submitted for resolution( (n) Section 4. (tay of execution( , The pendency of a motion for reconsideration filed on time and by the proper party shall stay the e ecution of the judgment or final resolution sought to be reconsidered unless the court, for good reasons, shall otherwise direct( (n)

RULE 53 3e) "rial Section 1. Period for filing; ground( , <t any time after the appeal from the lower court has been perfected and before the 7ourt of <ppeals loses jurisdiction over the case, a party may file a motion for a new trial on the ground of newly discovered evidence which could not have been discovered prior to the trial in the court below by the e ercise of due diligence and which is of such a character as would

Resolution of motion( . the authorities cited therein.)( (. and may grant or refuse a new trial. Publication( .. The reporter shall prepare and publish with each reported judgment and final resolution a concise synopsis of the facts necessary for a clear understanding of the case. and a syllabus which shall be confined to points of law( ($ec( ++a.a) RULE 55 &!1lications o' . The 7ourt of <ppeals shall consider the new evidence together with that adduced at the trial below. the material and controverted points involved. or by depositions. /uorum of the court( . Hearing and order( . The judgments and final resolutions of the court shall be published in the Official 'a>ette and in the 6eports officially authori>ed by the court in the language in which they have been originally written. a motion for new trial shall be resolved within ninety (=/) days from the date when the court declares it submitted for resolution( (n) Section 4. or render such other judgment as ought to be rendered upon such terms as it may deem just( (+a) Section 3. sitting en banc. as to the ta!ing of further testimony. &istribution of cases among divisions( .!+%ments an+ Final Resol!tions Section 1. together with the syllabi therefor prepared by the reporter in consultation with the writers thereof( &emoranda of all other judgments and final resolutions not so published shall be made by the reporter and published in the Official 'a>ette and the authori>ed reports( (*a) Section 2. 6(<( 9o( +=5) (n) . and other matters relating to the business of the court. the procedure in the new trial shall be the same as that granted by a 6egional Trial 7ourt( (. shall ma!e proper orders or rules to govern the allotment of cases among the different divisions. < majority of the actual members of the court shall constitute a $uorum for its sessions en banc( Three members shall constitute a $uorum for the sessions of a division( The affirmative votes of the majority of the members present shall be necessary to pass a resolution of the court en banc( The affirmative votes of three members of a division shall be necessary for the pronouncement of a judgment or final resolution. as amended by $ec( 5 of 3O . the filing of vacancies occurring therein. first par( of )" )lg( *+=. @nless the court otherwise directs.a) RULE 54 4nternal 5!siness Section 1. which shall be reached in consultation before the writing of the opinion by any member of the division( ($ec( **.probably change the result( The motion shall be accompanied by affidavits showing the facts constituting the grounds therefor and the newly discovered evidence( (*a) Section 2. either orally in court. with notice to both parties. <ll the cases of the 7ourt of <ppeals shall be allotted among the different divisions thereof for hearing and decision( The 7ourt of <ppeals. Procedure in new trial( . the constitution of such divisions. or may ma!e such order. the regular rotation of Custices among them. the names of counsel. and such rules shall continue in force until repealed or altered by the $upreme 7ourt( (*a) Section 2. -n the 7ourt of <ppeals. Preparation of opinions for publication( .

prohibition. <n appeal to the $upreme 7ourt may be ta!en only by a petition for review on certiorari. The procedure in original cases for certiorari. Only petitions for certiorari. Appeale+ #ases Section 3. and c) 3ighteen (*8) clearly legible copies of the petition shall be filed. other public ministers and consuls may be filed originally in the $upreme 7ourt( (n) Section 2. 0eneral ma)e2up of volumes( . 2+ and this 6ule( (n) Section 5. The appeal shall be governed by and disposed of in accordance with the applicable provisions of the 7onstitution. %ode of appeal( . The published decisions and final resolutions of the $upreme 7ourt shall be called B"hilippine 6eports. reclusion perpetua or life imprisonment( (n) Section 4.Section 3. 6(<( 9o( +=5) (n) &roce+!re 4n "$e S!preme #o!rt RULE 56 A. prohibition. laws.=1). well bound and numbered consecutively in the order of the volumes published( ($ec( +. Procedure( . . 'riginal cases cogni3able( . subject to the following provisions0 a) <ll references in said 6ules to the 7ourt of <ppeals shall be understood to also apply to the $upreme 7ourt.B while those of the 7ourt of <ppeals shall be !nown as the B7ourt of <ppeals 6eports(B 3ach volume thereof shall contain a table of the cases reported and the cases cited in the opinions. 0rounds for dismissal of appeal( . b) The portions of said 6ules dealing strictly with and specifically intended for appealed cases in the 7ourt of <ppeals shall not be applicable. e cept in criminal cases where the penalty imposed is death. mandamus. habeas corpus. 2+ and this 6ule. and 2 to ** of 6ule 2*. disciplinary proceedings against members of the judiciary and attorneys. 6ules ?2. together with proof of service on all adverse parties( The proceedings for disciplinary action against members of the judiciary shall be governed by the laws and 6ules prescribed therefor. +. ?8. $uo warranto. laws. $uo warranto and habeas corpus shall be in accordance with the applicable provisions of the 7onstitution.a. Rules applicable( . as amended( (n) 5. ?8. and those against attorneys by 6ules *. 2*. sections *. with a complete alphabetical inde of the subject matters of the volume( -t shall consist of not less than seven hundred pages printed upon good paper. and 6ules ?5. and cases affecting ambassadors. The appeal may be dismissed motu proprio or on motion of the respondent on the following grounds0 (a) 4ailure to ta!e the appeal within the reglementary period. mandamus. /ri%inal #ases Section 1. ?=.

or cler!. or an attorney. agent.(b) %ac! of merit in the petition. or the necessary majority cannot be had. Procedure if opinion is e$ually divided( . (c) 4ailure to pay the re#uisite doc!et fee and other lawful fees or to ma!e a deposit for costs.. an appeal ta!en to the $upreme 7ourt by notice of appeal shall be dismissed( <n appeal by certiorari ta!en to the $upreme 7ourt from the 6egional Trial 7ourt submitting issues of fact may be referred to the 7ourt of <ppeals for decision or appropriate action( The determination of the $upreme 7ourt on whether or not issues of fact are involved shall be final( (n) Section 7. and if after such deliberation no decision is reached. reclusion perpetua or life imprisonment. 0rounds upon which attachment may issue( . bro!er. (e) 4ailure to comply with any circular. or an officer of a corporation. <t the commencement of the action or at any time before entry of judgment. a plaintiff or any proper party may have the property of the adverse party attached as security for the satisfaction of any judgment that may be recovered in the following cases0 (a) -n an action for the recovery of a specified amount of money or damages. in appealed cases. in the course of his employment as such. contract. 3 cept as provided in section . other than moral and e emplary. (d) 4ailure to comply with the re#uirements regarding proof of service and contents of and the documents which should accompany the petition. delict or #uasi1 delict against a party who is about to depart from the "hilippines with intent to defraud his creditors. and (g) The fact that the case is not appealable to the $upreme 7ourt( (n) Section 6. or by any other person in a fiduciary capacity. . the original action commenced in the court shall be dismissed. directive or order of the $upreme 7ourt without justifiable cause. the case shall again be deliberated on. factor. &isposition of improper appeal( . the judgment or order appealed from shall stand affirmed. #uasi1contract. or for a willful violation of duty. 6ule *++ regarding appeals in criminal cases where the penalty imposed is death. on a cause of action arising from law. and on all incidental matters. (b) -n an action for money or property embe>>led or fraudulently misapplied or converted to his own use by a public officer. :here the court en banc is e#ually divided in opinion. the petition or motion shall be denied( &ro(isional Reme+ies RULE 57 &reliminar0 Attac$ment Section 1. (f) 3rror in the choice or mode of appeal.

unless the former ma!es a deposit with the court from which the writ is issued. The sheriff enforcing the writ shall without delay and with all reasonable diligence attach. with intent to defraud his creditors. <n order of attachment may be issued either ex parte or upon motion with notice and hearing by the court in which the action is pending. 4ssuance and contents of order( .s bond( . (d) -n an action against a party who has been guilty of a fraud in contracting the debt or incurring the obligation upon which the action is brought. that there is no other sufficient security for the claim sought to be enforced by the action. Condition of applicant. or disposed of to prevent its being found or ta!en by the applicant or an authori>ed person. as may be sufficient to satisfy the applicant's demand. (e) -n an action against a party who has removed or disposed of his property. on the defendant within the "hilippines( The re#uirement of prior or contemporaneous service of summons shall not apply where the summons could not be served personally or by substituted service despite diligent efforts. or (f) -n an action against a party who does not reside and is not found in the "hilippines. that a sufficient cause of action e ists. or the defendant is a non1resident of the "hilippines. conditioned that the latter will pay all the costs which may be adjudged to the adverse party and all damages which he may sustain by reason of the attachment.(c) -n an action to recover the possession of property unjustly or fraudulently ta!en. and the bond re#uired by the ne t succeeding section. detained or converted. in an amount e#ual to the bond fi ed by the court in the order of attachment or to the value of the property to be attached. has been concealed. when the property. or the value of the property the possession of which he is entitled to recover. %anner of attaching property( . or any part thereof. must be duly filed with the court before the order issues( (. unless such party ma!es deposit or gives a bond as hereinafter provided in an amount e#ual to that fi ed in the order. that the case is one of those mentioned in section * hereof. or the action is one in rem or $uasi in rem( (2a) . not e empt from e ecution. as may be sufficient to satisfy the applicant's demand. is as much as the sum for which the order is granted above all legal counterclaims( The affidavit. e clusive of costs( $everal writs may be issued at the same time to the sheriffs of the courts of different judicial regions( (+a) Section 3. and must re#uire the sheriff of the court to attach so much of the property in the "hilippines of the party against whom it is issued. or is about to do so. or contemporaneously accompanied.a) Section 4. or by the 7ourt of <ppeals or the $upreme 7ourt. the application for attachment the applicant's affidavit and bond. not e empt from e ecution. only so much of the property in the "hilippines of the party against whom the writ is issued. and the order and writ of attachment. <n order of attachment shall be granted only when it appears by the affidavit of the applicant. which may be the amount sufficient to satisfy the applicant's demand or the value of the property to be attached as stated by the applicant. or on whom summons may be served by publication( (*a) Section 2. if the court shall finally adjudge that the applicant was not entitled thereto( (?a) Section 5. and that the amount due to the applicant. Affidavit and bond re$uired( . or in the performance thereof. or the defendant is a resident of the "hilippines temporarily absent therefrom. to await judgment and e ecution in the action. The party applying for the order must thereafter give a bond e ecuted to the adverse party in the amount fi ed by the court in its order granting the issuance of the writ. removed. by service of summons. or of some other person who personally !nows the facts. e clusive of costs( 9o levy on attachment pursuant to the writ issued under section + hereof shall be enforced unless it is preceded. or gives a counter1bond e ecuted to the applicant. together with a copy of the complaint.

and notice with the occupant of the property. or the person by whom the property is held or in whose name it stands in the records( -f the attachment is not claimed on the entire area of the land covered by the certificate of title. such credits or other personal property. and the credits and other personal property in his possession. the sheriff must li!ewise without delay ma!e a return thereon to the court from which the writ issued. together with any counter1bond given by the party against whom attachment is issued. by filing with the registry of deeds a copy of the order. description. together with a description of the property attached. by ta!ing and safely !eeping it in his custody. by leaving with the president or managing agent thereof. and by leaving a copy of such order. and a notice that it is attached. and a notice stating that the stoc! or interest of the party against whom the attachment is issued is attached in pursuance of such writ. the volume and page in the registration boo! where the certificate is registered. and serve copies thereof on the applicant( (5a) Section 7. or under his control. a description sufficiently accurate for the identification of the land or interest to be affected shall be included in the registration of such attachment. standing upon the record of the registry of deeds of the province in the name of the party against whom attachment is issued. or devisee. (b) "ersonal property capable of manual delivery. a copy of the writ of attachment shall be filed with the proper court or #uasi1judicial agency. or that such real property and any interest therein held by or standing in the name of such other person are attached. belonging to said party. recording thereof* . or with his agent. and the registered owner or owners thereof( The registrar of deeds must inde attachments filed under this section in the names of the applicant. a copy of the writ. legatee.a) . whether as heir. by serving the e ecutor or administrator 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 attachment and of said notice shall also be filed in the office of the cler! of the court in which said estate is being settled and served upon the heir. and notice that the debts owing by him to the party against whom attachment is issued. or not appearing at all upon such records. if any. royalties. or any interest therein. financial interest. (e) The interest of the party against whom attachment is issued in property belonging to the estate of the decedent. or standing on the records of the registry of deeds in the name of any other person. a copy of the writ.Section 6. Attachment of real and personal property. 6eal and personal property shall be attached by the sheriff e ecuting the writ in the following manner0 (a) 6eal property. (d) Aebts and credits. (heriff. legatee or devisee concerned( -f the property sought to be attached is in custodia legis. <fter enforcing the writ. by leaving with the person owing such debts. and notice of the attachment served upon the custodian of such property( (. after issuing the corresponding receipt therefor( (c) $toc!s or shares. of any corporation or company. the notice shall contain a reference to the number of the certificate of title. or an interest in stoc!s or shares. commissions and other personal property not capable of manual delivery. or growing crops thereon. or with such other person or his agent if found within the province( :here the property has been brought under the operation of either the %and 6egistration <ct or the "roperty 6egistration Aecree.s return( . with a full statement of his proceedings under the writ and a complete inventory of the property attached. the adverse party. are attached in pursuance of such writ. including ban! deposits. or having in his possession or under his control. or belonging to the party against whom attachment is issued and held by any other person.

and may be e amined on oath( The court may. legatee or devisee. after due notice and hearing. however. hen attached property may be sold after levy on attachment and before entry of judgment ( . or owing any debts to him. order personal property capable of manual delivery belonging to him. until the attachment is discharged. or the person appearing on his behalf. subject to the claim of such heir. or devisee in the property belonging to the estate of a decedent shall not impair the powers of the e ecutor. upon hearing with notice to both parties. or any person claiming under him( (=a) Section 10. but the property attached shall be ordered delivered to the sheriff ma!ing the levy. having reference to any lien thereon or claim against the same. or the proceeds of any sale thereof. unless such property is delivered or transferred. or that the interests of all the parties to the action will be subserved by the sale thereof. or devisee. and in the order made upon such petition. or other proper officer of the court issuing the attachment( (8a) Section 9. that the property attached is perishable. or other personal representative of the decedent over such property for the purpose of administration( $uch personal representative. and the party furnishing the same fail to file an additional counter1bond. The attachment of the interest of an heir. the party whose property has been attached. the counter1bond shall be e#ual to the value of that property as determined by the court( -n either case. #ffect of attachment of debts. &ischarge of attachment on other grounds( . the court may order such property to be sold at public auction in such manner as it may direct. at the time of service upon them of the copy of the writ of attachment and notice as provided in the last preceding section. and be e amined on oath respecting the same( The party whose property is attached may also be re#uired to attend for the purpose of giving information respecting his property. in the possession of the person so re#uired to attend before the court. <fter a writ of attachment has been enforced. &ischarge of attachment upon giving counter2bond ( . delivery of property to sheriff* . the attaching party may apply for a new order of attachment( (*+a) Section 13. shall be liable to the applicant for the amount of such credits.Section 8. to await the judgment in the action( (*/a) Section 11. <ll persons having in their possession or under their control any credits or other similar personal property belonging to the party against whom attachment is issued. may be re#uired to attend before the court in which the action is pending. sheriff. the property attached. shall report the attachment to the court when any petition for distribution is filed. or to the person appearing on his behalf. legatee. #ffect of attachment of interests in property belonging to the estate of a decedent ( . administrator. or files a counter1 bond e ecuted to the attaching party with the cler! of the court where the application is made. e clusive of costs( )ut if the attachment is sought to be discharged with respect to a particular property. before or after levy or even after . #xamination of party whose property is attached and persons indebted to him or controlling his property. <ny person owing debts to the party whose property is attached or having in his possession or under his control any credit or other personal property belonging to such party. credits and all other similar personal property( . may move for the discharge of the attachment wholly or in part on the security given( The court shall. distribution may be awarded to such heir. the cash deposit or the counter1bond shall secure the payment of any judgment that the attaching party may recover in the action( < notice of the deposit shall forthwith be served on the attaching party( @pon the discharge of an attachment in accordance with the provisions of this section. in an amount e#ual to that fi ed by the court in the order of attachment. after such e amination. shall be delivered to the party ma!ing the deposit or giving the counter1bond. or any judgment recovered by him is satisfied. order the discharge of the attachment if the movant ma!es a cash deposit. the deposit or counter1bond aforesaid standing in place of the property so released( $hould such counter1bond for any reason be found to be or become insufficient. :henever it shall be made to appear to the court in which the action is pending. legatee. and the proceeds of such sale to be deposited in court to abide the judgment in the action( (**a) Section 12. to be delivered to the cler! of the court or sheriff on such terms as may be just. or before a commissioner appointed by the court. to the cler!. or such debts are paid. The party whose property has been ordered attached may file a motion with the court in which he action is pending. debts or other similar personal property.

-f the property attached is claimed by any person other than the party against whom attachment had been issued or his agent. or in those the cler! of the court. he shall be represented by the $olicitor 'eneral.the release of the attached property. the sheriff may cause the judgment to be satisfied out of the property attached. and a copy thereof upon the attaching party. or that the attachment is e cessive. on demand of the sheriff. or owing debts to the latter at the time of the attachment of such credits or debts. if enough for that purpose remain in the sheriff's hands. or that the bond is insufficient. or that the bond is insufficient( -f the attachment is e cessive. and serves such affidavit upon the sheriff while the latter has possession of the attached property. (c) )y collecting from all persons having in their possession credits belonging to the judgment obligor. or right to the possession thereof. for an order to set aside or discharge the attachment on the ground that the same was improperly or irregularly issued or enforced. (b) -f any balance remains due. unless the attaching party or his agent. as may be necessary to satisfy the balance. (atisfaction of judgment out of property attached . the discharge shall be limited to the e cess( -f the motion be made on affidavits on the part of the movant but not otherwise. the filing of such bond shall not be re#uired. or any officer duly representing it. and such person ma!es an affidavit of his title thereto. or prevent the attaching party from claiming damages against a third1party claimant who filed a frivolous or plainly spurious claim. the sheriff shall not be bound to !eep the property under attachment. or so much as shall be necessary to satisfy the judgment. shall file a bond approved by the court to indemnify the third1party claimant in a sum not less than the value of the property levied upon( -n case of disagreement as to such value. stating the grounds of such right or title. and paying the proceeds of such collection over to the judgment obligee( The sheriff shall forthwith ma!e a return in writing to the court of his proceedings under this section and furnish the parties with copies thereof( (*2a) . the attaching party may oppose the motion by counter1 affidavits or other evidence in addition to that on which the attachment was made( <fter due notice and hearing. real or personal. and the defect is not cured forthwith( (*. Proceedings where property claimed by third person ( . the court shall order the setting aside or the corresponding discharge of the attachment if it appears that it was improperly or irregularly issued or enforced. the actual damages adjudged by the court shall be paid by the 9ational Treasurer out of the funds to be appropriated for the purpose( (*?a) Section 15. the amount of such credits and debts as determined by the court in the action. return of sheriff* . if such bond shall be filed( 9othing herein contained shall prevent such claimant or any third person from vindicating his claim to the property. and stated in the judgment. the same shall be decided by the court issuing the writ of attachment( 9o claim for damages for the ta!ing or !eeping of the property may be enforced against the bond unless the action therefor is filed within one hundred twenty (*+/) days from the date of the filing of the bond( The sheriff shall not be liable for damages for the ta!ing or !eeping of such property to any such third1 party claimant. by selling so much of the property. in the same or a separate action( :hen the writ of attachment is issued in favor of the 6epublic of the "hilippines.a) Section 14. and if held liable therefor. -f judgment be recovered by the attaching party and e ecution issue thereon. and in case the sheriff is sued for damages as a result of the attachment. if it be sufficient for that purpose in the following manner0 (a) )y paying to the judgment obligee the proceeds of all sales of perishable or other property sold in pursuance of the order of the court.

and all property attached remaining in any such officer's hands. 1alance due collected upon an execution. Preliminary injunction defined. Claim for damages on account of improper . and the order of attachment discharged( (*=a) Section 20. classes( . &isposition of money deposited( . shall be delivered to the party against whom attachment was issued. with notice to the party in whose favor the attachment was issued or his surety or sureties. all the proceeds of sales and money collected or received by the sheriff. &isposition of attached property where judgment is for party against whom attachment was issued( . including the proceeds of any debts or credits collected. and after satisfying the judgment the balance shall be refunded to the depositor or his assignee( -f the judgment is in favor of the party against whom attachment was issued. the sheriff must proceed to collect such balance as upon ordinary e ecution( :henever the judgment shall have been paid. re#uiring a party or a court. agency . and any proceeds of the sale of the property attached not applied to the judgment( (*5a) Section 17. <n application for damages on account of improper. Recovery upon the counter2bond( . < preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order. with due notice to the attaching party and his surety or sureties setting forth the facts showing his right to damages and the amount thereof( $uch damages may be awarded only after proper hearing and shall be included in the judgment on the main case( -f the judgment of the appellate court be favorable to the party against whom the attachment was issued he must claim damages sustained during the pendency of the appeal by filing an application in the appellate court.Section 16. :hen the judgment has become e ecutory. upon reasonable demand. :here the party against whom attachment had been issued has deposited money instead of giving counter1bond. must return to the judgment obligor the attached property remaining in his hands. before the judgment of the appellate court becomes e ecutory( The appellate court may allow the application to be heard and decided by the trial court( 9othing herein contained shall prevent the party against whom the attachment was issued from recovering in the same action the damages awarded to him from any property of the attaching party not e empt from e ecution should the bond or deposit given by the latter be insufficient or fail to fully satisfy the award( (+/a) RULE 58 &reliminar0 4n6!nction Section 1. excess delivered to judgment obligor( . the sheriff. which amount may be recovered from such surety or sureties after notice and summary hearing in the same action( (*. the surety or sureties on any counter1bond given pursuant to the provisions of this 6ule to secure the payment of the judgment shall become charged on such counter1bond and bound to pay the judgment obligee upon demand the amount due under the judgment. -f after reali>ing upon all the property attached. and applying the proceeds to the satisfaction of the judgment less the e penses of proceedings upon the judgment any balance shall remain due. the whole sum deposited must be refunded to him or his assignee( (*8a) Section 19. under the order of attachment. -f judgment be rendered against the attaching party. irregular or e cessive attachment must be filed before the trial or before appeal is perfected or before the judgment becomes e ecutory. irregular or excessive attachment( . it shall be applied under the direction of the court to the satisfaction of any judgment rendered in favor of the attaching party.a) Section 18.

a) Section 4. and tending to render the judgment ineffectual( (. or contemporaneously accompanied. where the summons could not be served personally or by substituted service despite diligent efforts. (b) That the commission. the re#uirement of prior or contemporaneous service of summons shall not apply( (d) The application for a temporary restraining order shall thereafter be acted upon only after all parties are heard in a summary hearing which shall be conducted within twenty1four (+?) hours after the sheriff's return of service andDor the records are received by the branch selected by raffle and to which the records shall be transmitted immediately( . and (b) @nless e empted by the court the applicant files with the court where the action or proceeding is pending. or the adverse party is a resident of the "hilippines temporarily absent therefrom or is a nonresident thereof.or a person to refrain from a particular act or acts( -t may also re#uire the performance of a particular act or acts. threatening. agency or a person is doing. continuance or non1performance of the act or acts complained of during the litigation would probably wor! injustice to the applicant. < preliminary injunction may be granted by the court where the action or proceeding is pending( -f the action or proceeding is pending in the 7ourt of <ppeals or in the $upreme 7ourt. and the whole or part of such relief consists in restraining the commission or continuance of the act or acts complained of. < preliminary injunction may be granted when it is established0 (a) That the applicant is entitled to the relief demanded. a writ of preliminary injunction shall be issued( (?a) (c) :hen an application for a writ of preliminary injunction or a temporary restraining order is included in a complaint or any initiatory pleading. in which case it shall be !nown as a preliminary mandatory injunction( (*a) Section 2. or is procuring or suffering to be done some act or acts probably in violation of the rights of the applicant respecting the subject of the action or proceeding. and shows facts entitling the applicant to the relief demanded. the case. it may be issued by said court or any member thereof( (+a) Section 3. or is attempting to do. or in re#uiring the performance of an act or acts either for a limited period or perpetually. upon the adverse party in the "hilippines( However. 5erified application and bond for preliminary injunction or temporary restraining order ( . 0rounds for issuance of preliminary injunction( . or (c) That a party. court. a bond e ecuted to the party or person enjoined. if filed in a multiple1sala court. ho may grant preliminary injunction( . < preliminary injunction or temporary restraining order may be granted only when0 (a) The application in the action or proceeding is verified. by service of summons. such notice shall be preceded. to the effect that the applicant will pay to such party or person all damages which he may sustain by reason of the injunction or temporary restraining order if the court should finally decide that the applicant was not entitled thereto( @pon approval of the re#uisite bond. in an amount to be fi ed by the court. together with a copy of the complaint or initiatory pleading and the applicant's affidavit and bond. shall be raffled only after notice to and in the presence of the adverse party or the person to be enjoined( -n any event.

order issued by the $upreme 7ourt or a member thereof shall be effective until further orders( (2a) Section 6. the temporary restraining order is deemed. if issued by the 7ourt of <ppeals or a member thereof. if the matter is of e treme urgency and the applicant will suffer grave injustice and irreparable injury. The application for injunction or restraining order may be denied.( (=a) . or for motion of dissolution of" injunction or restraining order ( . 4ebruary *==8) However. the temporary restraining order shall be effective for si ty (5/) days from service on the party or person sought to be enjoined( < restraining. automatically vacated( The effectivity of a temporary restraining order is not e tendible without need of any judicial declaration to that effect and no court shall have authority to e tend or renew the same on the same ground for which it was issued( However. and accordingly issue the corresponding order( ()ar &atter 9o( 8/. or the surety or sureties thereon fail to justify a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith. <t the trial. determine within the same period whether or not the preliminary injunction shall be granted. Preliminary injunction not granted without notice. as the case may be( (8a) Section 8. or if granted. the judge before whom the case is pending shall conduct a summary hearing to determine whether the temporary restraining order shall be e tended until the application for preliminary injunction can be heard( -n no case shall the total period of effectivity of the temporary restraining order e ceed twenty (+/) days. the injunction shall be granted or restored. may issue a temporary restraining order to be effective only for a period of twenty (+/) days from service on the party or person sought to be enjoined. at a specified time and place. who may e cept to the sufficiency of the bond. on other grounds upon affidavits of the party or person enjoined. effect of disapproval of same ( . why the injunction should not be granted. may be dissolved. if granted. the court to which the application for preliminary injunction was made. The party filing a bond in accordance with the provisions of this 6ule shall forthwith serve a copy of such bond on the other party. upon the bond of the adverse party. or if the surety or sureties thereon fail to justify. and subject to the provisions of the preceding sections. may be dissolved. (ervice of copies of bonds. within the aforesaid seventy1two (. including the original seventy1two hours provided herein( -n the event that the application for preliminary injunction is denied or not resolved within the said period. or of the surety or sureties thereon( -f the applicant's bond is found to be insufficient in amount. and awarded under the same procedure prescribed in section +/ of 6ule 2. as the case may be. and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith the injunction shall be dissolved( -f the bond of the adverse party is found to be insufficient in amount. Judgment to include damages against party and sureties ( . which may be opposed by the applicant also by affidavits( -t may further be denied..+) hours from issuance but he shall immediately comply with the provisions of the ne t preceding section as to service of summons and the documents to be served therewith( Thereafter.+) hours. or. and the former files a bond in an amount fi ed by the court conditioned that he will pay all damages which the applicant may suffer by the denial or the dissolution of the injunction or restraining order( -f it appears that the e tent of the preliminary injunction or restraining order granted is too great. 0rounds for objection to. if it appears after hearing that although the applicant is entitled to the injunction or restraining order. it may be modified( (5a) Section 7. *. exception( . shall be claimed. the issuance or continuance thereof. would cause irreparable damage to the party or person enjoined while the applicant can be fully compensated for such damages as he may suffer. the amount of damages to be awarded to either party. e cept as herein provided( :ithin the said twenty1day period. 9o preliminary injunction shall be granted without hearing and prior notice to the party or person sought to be enjoined( -f it shall appear from facts shown by affidavits or by the verified application that great or irreparable injury would result to the applicant before the matter can be heard on notice. the e ecutive judge of a multiple1sala court or the presiding judge of a single sala court may issue ex parte a temporary restraining order effective for only seventy1two (. the court must order said party or person to show cause. upon a showing of its insufficiency( The injunction or restraining order may also be denied. ascertained.Section 5.

or that the parties have so stipulated in the contract of mortgage. and that such property or fund is in danger of being lost. (c) <fter judgment. to the effect that such party will pay the applicant all damages he may suffer by reason of the acts.a) Section 3.Section 9. that the party applying for the appointment of a receiver has an interest in the property or fund which is the subject of the action or proceeding. or materially injured unless a receiver be appointed to administer and preserve it. in the following cases0 (a) :hen it appears from the verified application. or a member thereof. when the adverse party files a bond e ecuted to the applicant. )efore issuing the order appointing a receiver the court shall re#uire the applicant to file a bond e ecuted to the party against whom the application is presented. or to aid e ecution when the e ecution has been returned unsatisfied or the judgment obligor refuses to apply his property in satisfaction of the judgment. Appointment of receiver( . removed. in its discretion. in an amount to be fi ed by the court. re#uire an additional bond as further security for such damages( (. one or more receivers of the property subject of the action or proceeding may be appointed by the court where the action is pending or by the 7ourt of <ppeals or by the $upreme 7ourt. at any time after the appointment. &enial of application or discharge of receiver( . (d) :henever in other cases it appears that the appointment of a receiver is the most convenient and feasible means of preserving. or the receiver discharged. or to dispose of it according to the judgment. or other matters specified in the application as ground for such appointment( The receiver may also be discharged if it is shown that his appointment was obtained without sufficient cause( (?a) . 1ond on appointment of receiver( . hen final injunction granted( . to preserve the property during the pendency of an appeal. or disposing of the property in litigation( Auring the pendency of an appeal. -f after the trial of the action it appears that the applicant is entitled to have the act or acts complained of permanently enjoined the court shall grant a final injunction perpetually restraining the party or person enjoined from the commission or continuance of the act or acts of confirming the preliminary mandatory injunction( (*/a) RULE 59 Recei(ers$ip Section 1. omissions. (b) :hen it appears in an action by the mortgagee for the foreclosure of a mortgage that the property is in danger of being wasted or dissipated or materially injured. and such other proof as the court may re#uire. or otherwise to carry the judgment into effect. and that its value is probably insufficient to discharge the mortgage debt. the appellate court may allow an application for the appointment of a receiver to be filed in and decided by the court of origin and the receiver appointed to be subject to the control of said court( (*a) Section 2. and the court may. The application may be denied. in an amount to be fi ed by the court. to the effect that the applicant will pay such party all damages he may sustain by reason of the appointment of such receiver in case the applicant shall have procured such appointment without sufficient cause. administering. @pon a verified application.

to deliver to the receiver all the property. ascertained. :henever the court. motu proprio or on motion of either party. compensation of receiver( . e ecuted to such person and in such sum as the court may direct. to compound for and compromise the same. as determined and ordered by the court. notes. or corporation of which he is the receiver. person. 'ath and bond of receiver( . boo!s. 6iability for refusal or neglect to deliver property to receiver ( . together with all damages that may have been sustained by the party or parties entitled thereto as a conse#uence of such refusal or neglect( (n) Section 8. to divide the money and other property that shall remain among the persons legally entitled to receive the same. upon reasonable demand. as the case may be( -f the bond of the adverse party is found to be insufficient in amount or the surety or sureties thereon fail to justify. documents and papers within his power or control. the receiver shall be sworn to perform them faithfully.( (=a) RULE 60 Reple(in . estate. or in case of disagreement. (ervice of copies of bonds. The person filing a bond in accordance with the provisions of this 6ule shall forthwith serve a copy thereof on each interested party. as the case may be( (5a) Section 6. after due notice to all interested parties and hearing. bills. who may e cept to its sufficiency or of the surety or sureties thereon( -f either the applicant's or the receiver's bond is found to be insufficient in amount. to be awarded to any party upon any bond filed in accordance with the provisions of this 6ule. to receive rents. property. actions in his own name. funds in the hands of a receiver may be invested only by order of the court upon the written consent of all the parties to the action( (.Section 4. settle the accounts of the receiver. in such capacity. and generally to do such acts respecting the property as the court may authori>e( However. or if the surety or sureties thereon fail to justify. to collect debts due to himself as receiver or to the fund. the application shall be denied or the receiver discharged. effect of disapproval of same( . subject of or involved in the action or proceeding. to be ta ed as costs against the defeated party. to pay outstanding debts. to ma!e transfers. !ermination of receivership. if any. $ubject to the control of the court in which the action or proceeding is pending a receiver shall have the power to bring and defend. may be punished for contempt and shall be liable to the receiver for the money or the value of the property and other things so refused or neglected to be surrendered.a) 9o action may be filed by or against a receiver without leave of the court which appointed him( (n) Section 7. and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith. and shall file a bond. or apportioned. deeds. shall be claimed. to the effect that he will faithfully discharge his duties in the action or proceeding and obey the orders of the court( (2a) Section 5. money. it shall. The amount. shall determine that the necessity for a receiver no longer e ists. and granted under the same procedure prescribed in section +/ of 6ule 2. and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith. )efore entering upon his duties. direct the delivery of the funds and other property in his possession to the person adjudged to be entitled to receive them and order the discharge of the receiver from further duty as such( The court shall allow the receiver such reasonable compensation as the circumstances of the case warrant. the receiver shall be appointed or re1appointed. 0eneral powers of receiver( . < person who refuses or neglects. as justice re#uires( (8a) Section 9. to ta!e and !eep possession of the property in controversy. Judgment to include recovery against sureties( .

the property shall be delivered to the applicant( -f for any reason the property is not delivered to the applicant. Return of property( . by filing with the court where the action is pending a bond e ecuted to the applicant. together with a copy of the application. Application( . affidavit and bond. or if so sei>ed. &isposition of property by sheriff* . Affidavit and bond( . and belief . or if the adverse party so objects and the court affirms its approval of the applicant's bond or approves a new bond. and retain it in his custody( -f the property or any part thereof be concealed in a building or enclosure. and (d) The actual mar!et value of the property( The applicant must also give a bond. apply for an order for the delivery of such property to him. the court shall issue an order and the corresponding writ of replevin. -f within five (2) days after the ta!ing of the property by the sheriff. information. < party praying for the recovery of possession of personal property may. The applicant must show by his own affidavit or that of some other person who personally !nows the facts0 (a) That the applicant is the owner of the property claimed. that it is e empt from such sei>ure or custody. for the return of the property to the adverse party if such return be adjudged. or his agent. or otherwise placed under custodia legis. the sheriff must return it to the adverse party( (5a) .Section 1. and by serving a copy of such bond on the applicant( (2a) Section 6. but if he does not so object. and must forthwith ta!e the property. and for the payment of such sum. or is entitled to the possession thereof. and for the payment to the adverse party of such sum as he may recover from the applicant in the action( (+a) Section 3. at any time before the delivery of the property to the applicant. or if the adverse party re#uires the return of the property but his bond is objected to and found insufficient and he does not forthwith file an approved bond. he must cause the building or enclosure to be bro!en open and ta!e the property into his possession( <fter the sheriff has ta!e possession of the property as herein provided. at the commencement of the action or at any time before answer. (c) That the property has not been distrained or ta!en for a ta assessment or a fine pursuant to law. if such delivery be adjudged. or of the surety or sureties thereon. the sheriff must demand its delivery. and if it be not delivered. @pon the filing of such affidavit and approval of the bond. if it be in the possession of the adverse party. the adverse party does not object to the sufficiency of the bond. to him as may be recovered against the adverse party. the sheriff must serve a copy thereof on the adverse party. describing the personal property alleged to be wrongfully detained and re#uiring the sheriff forthwith to ta!e such property into his custody( (.a) Section 4. re#uire the return thereof. or sei>ed under a writ of e ecution or preliminary attachment. or of the surety or sureties thereon. he may. in the manner hereinafter provided( (*a) Section 2. in double the value of the property as stated in the applicant's affidavit for the delivery thereof to the applicant. e ecuted to the adverse party in double the value of the property as stated in the affidavit aforementioned. particularly describing it. (b) That the property is wrongfully detained by the adverse party. -f the adverse party objects to the sufficiency of the applicant's bond. &uty of the sheriff* . he must !eep it in a secure place and shall be responsible for its delivery to the party entitled thereto upon receiving his fees and necessary e penses for ta!ing and !eeping the same( (?a) Section 5. alleging the cause of detention thereof according to the best of his !nowledge. @pon receiving such order. 'rder( . he cannot immediately re#uire the return of the property.

Comment( . <t the commencement of the proper action or proceeding. of the property may be enforced against the bond unless the action therefor is filed within one hundred twenty (*+/) days from the date of the filing of the bond( The sheriff shall not be liable for damages. if any. in the same or a separate action( :hen the writ of replevin is issued in favor of the 6epublic of the "hilippines. with the court within ten (*/) days after ta!ing the property mentioned therein( (8a) Section 9. he shall be represented by the $olicitor 'eneral. on demand of said sheriff. and in case the sheriff is sued for damages as a result of the replevin. shall file a bond approved by the court to indemnify the third1party claimant in a sum not less than the value of the property under replevin as provided in section + hereof( -n case of disagreement as to such value. or any officer duly representing it. the sheriff shall not be bound to !eep the property under replevin or deliver it to the applicant unless the applicant or his agent. and also for such damages as either party may prove. with costs( (=a) Section 10. shall be claimed. or prevent the applicant from claiming damages against a third1party claimant who filed a frivolous or plainly spurious claim. or right to the possession thereof. < copy of the application and all supporting documents shall be served upon the adverse party. to any such third1 party claimant if such bond shall be filed( 9othing herein contained shall prevent such claimant or any third person from vindicating his claim to the property. thereon. or for its value in case delivery cannot be made. the court shall determine the same( 9o claim for damages for the ta!ing or !eeping. the filing of such bond shall not be re#uired. or at any time prior to the judgment or final order. and if held liable therefor. depositions or other authentic documents in support thereof( (*a) Section 2. and serves such affidavit upon the sheriff while the latter has possession of the property and a copy thereof upon the applicant. the actual damages adjudged by the court shall be paid by the 9ational Treasurer out of the funds to be appropriated for the purpose( (. Proceedings where property claimed by third person ( . Judgment( . depositions or other authentic documents in support thereof( (+a.Section 7. to be awarded to any party upon any bond filed in accordance with the provisions of this 6ule. The amount. Judgment to include recovery against sureties( . . -f the property ta!en is claimed by any person other than the party against whom the writ of replevin had been issued or his agent. Return of papers( .a) Section 8. <fter trial of the issues the court shall determine who has the right of possession to and the value of the property and shall render judgment in the alternative for the delivery thereof to the party entitled to the same. ascertained. stating the grounds therefor. and accompanied by affidavits. and granted under the same procedure as prescribed in section +/ of 6ule 2. for the ta!ing or !eeping of such property. The sheriff must file the order. who shall have five (2) days to comment thereon unless a different period is fi ed by the court upon his motion( The comment shall be verified and shall be accompanied by affidavits. Application( .a) . a verified application for support pendente lite may be filed by any party stating the grounds for the claim and the financial conditions of both parties. with his proceedings indorsed. and such person ma!es an affidavit of his title thereto.( (*/a) RULE 61 S!pport &en+ente Lite Section 1.

) Section 2. after due notice and hearing in the same case obtain a writ of e ecution to enforce his right of reimbursement against the person ordered to provide such support( (h) Section 6. the accused may be ordered to provide support pendente lite to the child born to the offended party allegedly because of the crime( The application therefor may be filed successively by the offended party. her parents. without prejudice to his liability for contempt( (5a) :hen the person ordered to give support pendente lite refuses or fails to do so. having the regard to the probable outcome of the case and such other circumstances as may aid in the proper resolution of the #uestion involved( -f the application is granted. 65. issue an order of e ecution against him. grandparents or guardian and the $tate in the corresponding criminal case during its pendency. or an interest which in whole or in part is not disputed by the claimants. #nforcement of order( . :hen the judgment or final order of the court finds that the person who has been providing support pendente lite is not liable therefor. Restitution( . ta!ing into account the necessities of the applicant and the resources or means of the adverse party. the application shall be set for hearing not more than three (. it shall order the recipient thereof to return to the former the amounts already paid with legal interest from the dates of actual payment. 'rder( . Hearing( . without prejudice to the right of the recipient to obtain reimbursement in a separate action from the person legally obliged to give the support( $hould the recipient fail to reimburse said amounts. and shall render such orders as justice and e#uity may re#uire. The court shall determine provisionally the pertinent facts. the court may direct in such order that the subject matter be paid or delivered to the court( (+a. @pon the filing of the complaint. the court shall. 'rder( . or after the e piration of the period for its filing. and the terms of payment or mode for providing the support( -f the application is denied. -f the adverse party fails to comply with an order granting support pendente lite. :henever conflicting claims upon the same subject matter are or may be made against a person who claims no interest whatever in the subject matter.Section 3. (upport in criminal cases( . -n criminal actions where the civil liability includes support for the offspring as a conse#uence of the crime and the civil aspect thereof has not been waived. the principal case shall be tried and decided as early as possible( (2a) Section 5.) . in accordance with the procedure established under this 6ule( (n) Section 7. reserved and instituted prior to its filing. the court shall issue an order re#uiring the conflicting claimants to interplead with one another( -f the interests of justice so re#uire. he may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves( (*a. the court shall fi the amount of money to be provisionally paid or such other forms of support as should be provided. motu proprio or upon motion. hen interpleader proper( . the person who provided the same may li!ewise see! reimbursement thereof in a separate action from the person legally obliged to give such support( (n) Special #i(il Actions RULE 62 4nterplea+er Section 1. 65.) days thereafter( The facts in issue shall be proved in the same manner as is provided for evidence on motions( (?a) Section 4. <fter the comment is filed. any third person who furnished that support to the applicant may.

The doc!et and other lawful fees paid by the party who filed a complaint under this 6ule. costs and litigation expenses as liens( . cross1claims. (ummons( . but which shall not be less than five (2) days in any event. the court may.) Section 4. as provided by these 6ules( (?a. or to consolidate ownership under <rticle *5/. &etermination( . together with a copy of the complaint and order( (. 65?) Section 4. 6ocal government ordinances( . &oc)et and other lawful fees.) Section 6. <ll persons who have or claim any interest which would be affected by the declaration shall be made parties. 65. %otion to dismiss( . -n any action which involves the validity of a statute. e cept as otherwise provided in these 6ules. 65?) Section 3. and for a declaration of his rights or duties. third1party complaints and responsive pleadings thereto. ordinance. 4ebruary *==8) <n action for the reformation of an instrument. or any other governmental regulation.) Section 7.a. 3ach claimant shall file his answer setting forth his claim within fifteen (*2) days from service of the summons upon him. rec!oned from notice of denial( (n) Section 5. as well as the costs and litigation e penses.Section 3. Notice on (olicitor 0eneral( . or any other governmental regulation may. may be brought under this 6ule( (*a. and no declaration shall. *. $ummons shall be served upon the conflicting claimants. e ecutive order or regulation. <ny person interested under a deed. e ecutive order or regulation. 65. serving a copy thereof upon each of the other conflicting claimants who may file their reply thereto as provided by these 6ules( -f any claimant fails to plead within the time herein fi ed.. prejudice the rights of persons not parties to the action( (+a. the corresponding prosecutor or attorney of the local governmental unit involved shall be .. Parties( . before breach or violation thereof bring an action in the appropriate 6egional Trial 7ourt to determine any #uestion of construction or validity arising. :ithin the time for filing an answer. shall constitute a lien or change upon the subject matter of the action. and pre1trial has been conducted in accordance with the 6ules. thereunder( ()ar &atter 9o( 8/. the $olicitor 'eneral shall be notified by the party assailing the same and shall be entitled to be heard upon such #uestion( (. each claimant may file a motion to dismiss on the ground of impropriety of the interpleader action or on other appropriate grounds specified in 6ule *5( The period to file the answer shall be tolled and if the motion is denied. <fter the pleadings of the conflicting claimants have been filed. the court shall proceed to determine their respective rights and adjudicate their several claims( (2a. the movant may file his answer within the remaining period. will. unless the court shall order otherwise( (5a. to #uiet title to real property or remove clouds therefrom. ho may file petition( . declare him in default and thereafter render judgment barring him from any claim in respect to the subject matter( The parties in an interpleader action may file counterclaims. 65.) RULE 63 2eclarator0 Relie' an+ Similar Reme+ies Section 1. or whose rights are affected by a statute. on motion. Answer and other pleadings( . -n any action involving the validity of a local government ordinance. 65?) Section 2. contract or other written instrument. 65. of the 7ivil 7ode.

. shall interrupt the period herein fi ed( -f the motion is denied. 65?) Section 5. or any other governmental regulation should ta!e place. Court action discretionary( . -f before the final termination of the case. but which shall not be less than five (2) days in any event. &oc)et and other lawful fees( . )ar &atter 9o( 8/. the court. rec!oned from notice of denial( (n) Section 4. *. @pon the filing of the petition.similarly notified and entitled to be heard( -f such ordinance is alleged to be unconstitutional. 65?) Section 6. the action may thereupon be converted into an ordinary action. This 6ule shall govern the review of judgments and final orders or resolutions of the 7ommission on 3lections and the 7ommission on <udit( (n) Section 2. present clearly the issues involved./) days from notice of the judgment or final order or resolution sought to be reviewed( The filing of a motion for new trial or reconsideration of said judgment or final order or resolution. Conversion into ordinary action( . 3 cept in actions falling under the second paragraph of section * of this 6ule. final order or resolution a $uo( The petition shall state the facts with certainty. The petition shall be verified and filed in eighteen (*8) legible copies( The petition shall name the aggrieved party as petitioner and shall join as respondents the 7ommission concerned and the person or persons interested in sustaining the judgment. %ode of review( .!+%ments an+ Final /r+ers or Resol!tions o' t$e #ommission on Elections an+ t$e #ommission on A!+it Section 1. motu proprio or upon motion. if allowed under the procedural rules of the 7ommission concerned. The petition shall be filed within thirty (. set forth the grounds and brief arguments relied upon for review. 65?) RULE 64 Re(ie) o' . -orm and contents of petition( . 4ebruary *==8) Section 3. the $olicitor 'eneral shall also be notified and entitled to be heard( (?a. ordinance. and the parties shall be allowed to file such pleadings as may be necessary or proper( (5a. together with certified true copies of such material portions of the record as are referred to therein and other documents relevant and pertinent thereto( The re#uisite number of copies of the petition shall contain plain copies of all documents attached to the original copy of said petition( . (cope( . the petitioner shall pay to the cler! of court the doc!et and other lawful fees and deposit the amount of "2//(// for costs( (n) Section 5. !ime to file petition( . a breach or violation of an instrument or a statute. and pray for judgment annulling or modifying the #uestioned judgment. < judgment or final order or resolution of the 7ommission on 3lections and the 7ommission on <udit may be brought by the aggrieved party to the $upreme 7ourt on certiorari under 6ule 52. final order or resolution( 4indings of fact of the 7ommission supported by substantial evidence shall be final and non1reviewable( The petition shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment. the aggrieved party may file the petition within the remaining period. e ecutive order or regulation. e cept as hereinafter provided( (n. or in any case where the declaration or construction is not necessary and proper under the circumstances( (2a. may refuse to e ercise the power to declare rights and to construe instruments in any case where a decision would not terminate the uncertainty or controversy which gave rise to the action. final order or resolution subject thereof.

whether e ercising judicial. or any plain. :hen any tribunal. -f the $upreme 7ourt finds the petition sufficient in form and substance. and granting such incidental reliefs as law and justice may re#uire( The petition shall be accompanied by a certified true copy of the judgment. 6ule ?5( (*a) Section 2. alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal. corporation. and shall contain a sworn certification against forum shopping as provided in the third paragraph of section . or with grave abuse of discretion amounting to lac! or e cess of jurisdiction. The comments of the respondents shall be filed in eighteen (*8) legible copies( The original shall be accompanied by certified true copies of such material portions of the record as are referred to therein together with other supporting papers( The re#uisite number of copies of the comments shall contain plain copies of all documents attached to the original and a copy thereof shall be served on the petitioner( 9o other pleading may be filed by any party unless re#uired or allowed by the 7ourt( (n) Section 8. Comments of respondents( . #uasi1judicial or ministerial functions. Petition for prohibition( . 6ule ?5( The petition shall further be accompanied by proof of service of a copy thereof on the 7ommission concerned and on the adverse party. or of such other pleadings or papers as may be re#uired or allowed. otherwise. or with grave abuse of discretion amounting to lac! or e cess of jurisdiction. and there is no appeal. :hen the proceedings of any tribunal. board or officer. unless the $upreme 7ourt shall direct otherwise upon such terms as it may deem just( (n) Section 9.. and there is . the case shall be deemed submitted for decision upon the filing of the comments on the petition. and a sworn certification of non1forum shopping as provided in the third paragraph of section . order or resolution subject thereof. are without or in e cess of its or his jurisdiction. board. Petition for certiorari( . and ade#uate remedy in the ordinary course of law. speedy. (ubmission for decision( . copies of all pleadings and documents relevant and pertinent thereto.. #ffect of filing( . or re#uires the parties to submit memoranda. 'rder to comment( . The filing of a petition for certiorari shall not stay the e ecution of the judgment or final order or resolution sought to be reviewed. @nless the 7ourt sets the case for oral argument. or the e piration of the period to do so( (n) RULE 65 Certiorari7 &ro$i1ition an+ an+am!s Section 1. officer or person. a person aggrieved thereby may file a verified petition in the proper court. it shall order the respondents to file their comments on the petition within ten (*/) days from notice thereof. the 7ourt may dismiss the petition outright( The 7ourt may also dismiss the petition if it was filed manifestly for delay or the #uestions raised are too unsubstantial to warrant further proceedings( (n) Section 7. and of the timely payment of doc!et and other lawful fees( The failure of petitioner to comply with any of the foregoing re#uirements shall be sufficient ground for the dismissal of the petition( (n) Section 6. board or officer e ercising judicial or #uasi1judicial functions has acted without or in e cess its or his jurisdiction.The petition shall state the specific material dates showing that it was filed within the period fi ed herein.

:hen the petition filed relates to the acts or omissions of a judge. corporation. tribunal. in the 6egional Trial 7ourt e ercising jurisdiction over the territorial area as defined by the $upreme 7ourt( -t may also be filed in the 7ourt of <ppeals whether or not the same is in aid of its appellate jurisdiction. alleging the facts with certainty and praying that judgment be rendered commanding the respondent to desist from further proceedings in the action or matter specified therein.a) Section 4. officer or person impleaded as public respondent or respondents( @nless otherwise specifically directed by the court where the petition is pending.1$7) Section 5. order or resolution subject thereof. #uasi1judicial agency. court. Petition for mandamus( . the public respondents shall be included therein as nominal parties( However.. they shall not appear or participate in the proceedings therein( (2a) . <(&( 9o( //1+1/. both in his or their own behalf and in behalf of the public respondent or respondents affected by the proceedings. and it shall be the duty of such private respondents to appear and defend. the person aggrieved thereby may file a verified petition in the proper court.no appeal or any other plain. and the costs awarded in such proceedings in favor of the petitioner shall be against the private respondents only. officer or person. :hen any tribunal. order or resolution( -n case a motion for reconsideration or new trial is timely filed. as private respondent or respondents with such public respondent or respondents. and there is no other plain. trust. The petition shall be filed not later than si ty (5/) days from notice of the judgment. +* Culy *==8. or otherwise granting such incidental reliefs as law and justice may re#uire( The petition shall li!ewise be accompanied by a certified true copy of the judgment. corporation. speedy. #uasi1judicial agency. the si ty (5/) day period shall be counted from notice of the denial of said motion( The petition shall be filed in the $upreme 7ourt or. a person aggrieved thereby may file a verified petition in the proper court. the petition shall be filed in and cogni>able only by the 7ourt of <ppeals( 9o e tension of time to file the petition shall be granted e cept for compelling reason and in no case e ceeding fifteen (*2) days( (?a) ()ar &atter 9o( 8/. whether such motion is re#uired or not. hen and where petition filed( . to do the act re#uired to be done to protect the rights of the petitioner. tribunal. and a sworn certification of non1forum shopping as provided in the third paragraph of section . board. officer or person. court.. and not against the judge. the person or persons interested in sustaining the proceedings in the court. and ade#uate remedy in the ordinary course of law. or station. or in the $andiganbayan if it is in aid of its appellate jurisdiction( -f it involves the acts or omissions of a #uasi1judicial agency. or unlawfully e cludes another from the use and enjoyment of a right or office to which such other is entitled. 6ule ?5( (+a) Section 3. alleging the facts with certainty and praying that judgment be rendered commanding the respondent. unless otherwise provided by law or these 6ules. board. copies of all pleadings and documents relevant and pertinent thereto. immediately or at some other time to be specified by the court. unless otherwise specifically directed by the court. and to pay the damages sustained by the petitioner by reason of the wrongful acts of the respondent( The petition shall also contain a sworn certification of non1forum shopping as provided in the third paragraph of section . the petitioner shall join. if it relates to the acts or omissions of a lower court or of a corporation. corporation. speedy and ade#uate remedy in the ordinary course of law.. 6ule ?5( (. officer or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office. board. Respondents and costs in certain cases( . the public respondents shall not appear in or file an answer or comment to the petition or any pleading therein( -f the case is elevated to a higher court by either party. board.

the petition( Thereafter. Proceedings after comment is filed( . -f the petition is sufficient in form and substance to justify such process. however. may dismiss the petition if it finds the same to be patently without merit. <n action for the usurpation of a public office. or the time for the filing thereof has e pired. 6ule 25. the court may hear the case or re#uire the parties to submit memoranda( -f after such hearing or submission of memoranda or the e piration of the period for the filing thereof the court finds that the allegations of the petition are true. intrudes into. < certified copy of the judgment rendered in accordance with the last preceding section shall be served upon the court. <fter the comment or other pleadings re#uired by the court are filed. and not a motion to dismiss. #xpediting proceedings. (ervice and enforcement of order or judgment ( . officer or person concerned in such manner as the court may direct. it shall render judgment for the relief prayed for or to which the petitioner is entitled( The court. position or franchise may be commenced by a verified petition brought in the name of the 6epublic of the "hilippines against0 (a) < person who usurps. position or franchise. or (c) <n association which acts as a corporation within the "hilippines without being legally incorporated or without lawful authority so to act( (*a) .a) Section 8. prosecuted manifestly for delay. injunctive relief* .Section 6. the provisions of section +. or that the #uestions raised therein are too unsubstantial to re#uire consideration( (8a) Section 9. or unlawfully holds or e ercises a public office. by the provision of law. and disobedience thereto shall be punished as contempt( <n e ecution may issue for any damages or costs awarded in accordance with section * of 6ule . shall be observed( )efore giving due course thereto. the court may re#uire the filing of a reply and such other responsive or other pleadings as it may deem necessary and proper( (5a) Section 7. Action by 0overnment against individuals( . the court may re#uire the respondents to file their comment to. the court shall issue an order re#uiring the respondent or respondents to comment on the petition within ten (*/) days from receipt of a copy thereof( $uch order shall be served on the respondents in such manner as the court may direct together with a copy of the petition and any anne es thereto( -n petitions for certiorari before the $upreme 7ourt and the 7ourt of <ppeals. 'rder to comment( . corporation. and it may also grant a temporary restraining order or a writ of preliminary injunction for the preservation of the rights of the parties pending such proceedings( The petition shall not interrupt the course of the principal case unless a temporary restraining order or a writ of preliminary injunction has been issued against the public respondent from further proceeding in the case( (. The court in which the petition is filed may issue orders e pediting the proceedings. constitutes a ground for the forfeiture of his office. #uasi1judicial agency. (b) < public officer who does or suffers an act which. tribunal. board.=( (=a) RULE 66 Quo Warranto Section 1.

Section 2.a) Section 7. recover his costs( $uch further judgment may be rendered determining the respective rights in and to the public office. and if permission is granted. Rights of persons adjudged entitled to public office . it may be brought in a 6egional Trial 7ourt in the 7ity of &anila. and the petition shall then be filed within the period ordered by the court( (2a) Section 5. after ta!ing the oath of office and e ecuting any official bond re#uired by law. and may immediately thereafter demand of the respondent all the boo!s and papers in the respondent's custody or control appertaining to the office to which the judgment relates( -f the respondent refuses or neglects to deliver any boo! or paper pursuant to such demand. but when the $olicitor 'eneral commences the action. as the case may be. with an averment of his right to the same and that the respondent is unlawfully in possession thereof( <ll persons who claim to be entitled to the public office. the petition shall set forth the name of the person who claim to be entitled thereto. judgment shall be rendered that such respondent be ousted and altogether e cluded therefrom. damages( . hen an individual may commence such an action( . hen (olicitor 0eneral or public prosecutor may commence action with permission of court ( . and that the petitioner or relator. the 7ourt of <ppeals. in the same action( (. :hen the action is against a person for usurping a public office. or in the $upreme 7ourt( (8a) Section 8. :hen the respondent is found guilty of usurping into. or when upon complaint or otherwise he has good reason to believe that any case specified in the preceding section can be established by proof. but in such case the officer bringing it may first re#uire an indemnity for the e penses and costs of the action in an amount approved by and to be deposited in the court by the person at whose re#uest and upon whose relation the same is brought( (?a) Section 4. in the 7ourt of <ppeals. The court may reduce the period provided by these 6ules for filing pleadings and for all other proceedings in the action in order to secure the most e peditious determination of the matters involved therein consistent with the rights of the parties( $uch action may be given precedence over any other civil matter pending in the court( (=a) Section 9. copies of which shall be served on all interested parties. delivery of boo)s and papers. Judgment where usurpation found( . position or franchise. or unlawfully holding or e ercising a public office. bring such an action at the re#uest and upon the relation of another person. position or franchise may be made parties.a) Section 3. position or franchise. and their respective rights to such public office. intruding into. <n action under the preceding si sections can be brought only in the $upreme 7ourt. the court shall direct that notice be given to the respondent so that he may be heard in opposition thereto. hen (olicitor 0eneral or public prosecutor must commence action ( . action given precedence( . Parties and contents of petition against usurpation ( . position or franchise determined. Period for pleadings and proceedings may be reduced . with the permission of the court in which the action is to be commenced. The $olicitor 'eneral or a public prosecutor. position or franchise of all the parties to the action as justice re#uires( (*/a) Section 10. < person claiming to be entitled to a public office or position usurped or unlawfully held or e ercised by another may bring an action therefor in his own name( (5) Section 6. or in the 6egional Trial 7ourt e ercising jurisdiction over the territorial area where the respondent or any of the respondents resides. the court shall issue an order to that effect. -f judgment be rendered in favor of the person averred in the complaint to be entitled to the public office he may. 5enue( . @pon application for permission to commence such action in accordance with the ne t preceding section. ta!e upon himself the e ecution of the office. must commence such action( (. if any. when directed by the "resident of the "hilippines. he . hen hearing had on application for permission to commence action ( . The $olicitor 'eneral or a public prosecutor may.

-f a defendant has no objection or defense to the action or the ta!ing of his property. or the right of the petitioner to hold such office or position. !he complaint( . as justice re#uires( (*. describe the real or personal property sought to be e propriated. although occupied by private individuals. the separate interest of each defendant( -f the title to any property sought to be e propriated appears to be in the 6epublic of the "hilippines. he shall serve his answer within the time stated in the summons( The answer shall specifically designate or identify the property in which he claims to have an interest. or any objection or defense to the ta!ing of his property. 9othing contained in this 6ule shall be construed to authori>e an action against a public officer or employee for his ouster from office unless the same be commenced within one (*) year after the cause of such ouster. he shall be entitled to notice of all proceedings affecting the same( -f a defendant has any objection to the filing of or the allegations in the complaint. so far as practicable. or if the title is otherwise obscure or doubtful so that the plaintiff cannot with accuracy or certainty specify who are the real owners. specifically designating or identifying the property in which he claims to be interested. he may file and serve a notice of appearance and a manifestation to that effect. arose.may be punished for contempt as having disobeyed a lawful order of the court( The person adjudged entitled to the office may also bring action against the respondent to recover the damages sustained by such person by reason of the usurpation( (*2a) Section 11. any part thereof or interest therein. averment to that effect shall be made in the complaint( (*a) Section 2. or the respondent. or may apportion the costs. The right of eminent domain shall be e ercised by the filing of a verified complaint which shall state with certainty the right and purpose of e propriation. showing. and join as defendants all persons owning or claiming to own. &efenses and objections( . -n an action brought in accordance with the provisions of this 6ule. @pon the filing of the complaint or at any time thereafter and after due notice to the defendant. the court may render judgment for costs against either the petitioner. . its value shall be provisionally ascertained and the amount to be deposited shall be promptly fi ed by the court( <fter such deposit is made the court shall order the sheriff or other proper officer to forthwith place the plaintiff in possession of the property involved and promptly submit a report thereof to the court with service of copies to the parties( (+a) Section 3. nor to authori>e an action for damages in accordance with the provisions of the ne t preceding section unless the same be commenced within one (*) year after the entry of the judgment establishing the petitioner's right to the office in #uestion( (*5a) Section 12. unless in lieu thereof the court authori>es the deposit of a certificate of deposit of a government ban! of the 6epublic of the "hilippines payable on demand to the authori>ed government depositary( -f personal property is involved. the relator. within the time stated in the summons( Thereafter. the plaintiff shall have the right to ta!e or enter upon the possession of the real property involved if he deposits with the authori>ed government depositary an amount e#uivalent to the assessed value of the property for purposes of ta ation to be held by such ban! subject to the orders of the court( $uch deposit shall be in money. Judgment for costs( . 6imitations( . #ntry of plaintiff upon depositing value with authori3ed government depositary ( . or occupying. or the person or persons claiming to be a corporation.a) RULE 67 E*propriation Section 1.

which oath shall be filed in court with the other proceedings in the case( 3vidence may be introduced by either party before the commissioners who are authori>ed to administer oaths on hearings before them. the court shall appoint not more than three (. and may measure the same. in the interest of justice. and adduce all his objections and defenses to the ta!ing of his property( 9o counterclaim. the court may issue an order of e propriation declaring that the plaintiff has a lawful right to ta!e the property sought to be e propriated. and may from time to time so deal with such property( The commissioners shall ma!e a full and accurate report to the court of all their proceedings./) days after all the commissioners shall have received copies of the objections( (2a) Section 6. may permit amendments to the answer to be made not later than ten (*/) days from the filing thereof( However. after which either party may. view and e amine the property sought to be e propriated and its surroundings. and he may share in the distribution of the award( (n) Section 4. and shall be resolved within thirty (. Ascertainment of compensation( . -f the objections to and the defenses against the right of the plaintiff to e propriate the property are overruled. and the commissioners shall. shall not prevent the court from determining the just compensation to be paid( <fter the rendition of such an order. at the trial of the issue of just compensation whether or not a defendant has previously appeared or answered.) competent and disinterested persons as commissioners to ascertain and report to the court the just compensation for the property sought to be ta!en( The order of appointment shall designate the time and place of the first session of the hearing to be held by the commissioners and specify the time within which their report shall be submitted to the court( 7opies of the order shall be served on the parties( Objections to the appointment of any of the commissioners shall be filed with the court within ten (*/) days from service. whichever came first( < final order sustaining the right to e propriate the property may be appealed by any party aggrieved thereby( $uch appeal. @pon the rendition of the order of e propriation. he may present evidence as to the amount of the compensation to be paid for his property. or when no party appears to defend as re#uired by this 6ule. and may render judgment upon such partial report. The court may order the commissioners to report when any particular portion of the real estate shall have been passed upon by them. for the public use or purpose described in the complaint. )efore entering upon the performance of their duties. the plaintiff shall not be permitted to dismiss or discontinue the proceeding e cept on such terms as the court deems just and e#uitable( (?a) Section 5. upon the payment of just compensation to be determined as of the date of the ta!ing of the property or the filing of the complaint.state the nature and e tent of the interest claimed. after due notice to the parties. the operation of its franchise by the corporation or the carrying on of the business of the corporation or person ta!ing the property( )ut in no case shall the conse#uential benefits assessed e ceed the conse#uential damages assessed. by himself or counsel. Report by commissioners and judgment thereupon( . cross1claim or third1party complaint shall be alleged or allowed in the answer or any subse#uent pleading( < defendant waives all defenses and objections not so alleged but the court. argue the case( The commissioners shall assess the conse#uential damages to the property not ta!en and deduct from such conse#uential damages the conse#uential benefits to be derived by the owner from the public use or purpose of the property ta!en. and such proceedings shall not be effectual until the court shall have accepted their . and direct the commissioners to proceed with their wor! as to subse#uent portions of the property sought to be e propriated. however. the commissioners shall ta!e and subscribe an oath that they will faithfully perform their duties as commissioners. Proceedings by commissioners( . unless the parties consent to the contrary. 'rder of expropriation( . to attend. or the owner be deprived of the actual value of his property so ta!en( (5a) Section 7.

a) Section 8. a certified copy of such judgment shall be recorded in the registry of deeds of the place in which the property is situated. The right of the plaintiff to enter upon the property of the defendant and appropriate the same for public use or purpose shall not be delayed by an appeal from the judgment( )ut if the appellate court determines that plaintiff has no right of e propriation. the particular property or interest therein e propriated. for cause shown. Rights of plaintiff after judgment and payment ( . unless an appeal is ta!en by the owner of the property and the judgment is affirmed. and its effect shall be to vest in the plaintiff the title to the real estate so described for such public use or purpose( (*. or retain it for the public use or purpose if entry has already been made( (=a) Section 10. The fees of the commissioners shall be ta ed as a part of the costs of the proceedings( <ll costs. if they so desire( (. 7ncertain ownership. and to determine the damages which the defendant sustained and may recover by reason of the possession ta!en by the plaintiff( (**a) Section 12. the same shall be ordered to be deposited in court and such deposit shall have the same effect as actual payment thereof to the defendant or the person ultimately adjudged entitled thereto( (*/a) Section 11. -f the ownership of the property ta!en is uncertain. or even before the e piration of such period but after all the interested parties have filed their objections to the report or their statement of agreement therewith. or it may set aside the report and appoint new commissioners. which time may be e tended in the discretion of the court( @pon the filing of such report. the cler! of the court shall serve copies thereof on all interested parties. in which event the costs of the appeal shall be paid by the owner( (*+a) Section 13. judgment shall be rendered ordering the 6egional Trial 7ourt to forthwith enforce the restoration to the defendant of the possession of the property. The judgment entered in e propriation proceedings shall state definitely. shall be paid by the plaintiff. after hearing.a) . @pon the e piration of the period of ten (*/) days referred to in the preceding section. effect of reversal( . @pon payment by the plaintiff to the defendant of the compensation fi ed by the judgment. accept the report and render judgment in accordance therewith. the court may order any sum or sums awarded as compensation for the property to be paid to the court for the benefit of the person adjudged in the same proceeding to be entitled thereto( )ut the judgment shall re#uire the payment of the sum or sums awarded to either the defendant or the court before the plaintiff can enter upon the property. by an ade#uate description. or to retain it should he have ta!en immediate possession thereof under the provisions of section + hereof( -f the defendant and his counsel absent themselves from the court. conflicting claims( . or there are conflicting claims to any part thereof. such report shall be filed within si ty (5/) days from the date the commissioners were notified of their appointment.report and rendered judgment in accordance with their recommendations( 3 cept as otherwise e pressly ordered by the court. and its effect( . e cept those of rival claimants litigating their claims. and to the defendant just compensation for the property so ta!en( (8a) Section 9. with notice that they are allowed ten (*/) days within which to file objections to the findings of the report. or after tender to him of the amount so fi ed and payment of the costs. Recording judgment. the court may. or. or decline to receive the amount tendered. the plaintiff shall have the right to enter upon the property e propriated and to appropriate it for the public use or purpose defined in the judgment. it may recommit the same to the commissioners for further report of facts. with legal interest thereon from the ta!ing of the possession of the property. Action upon commissioners' report( . and the nature of the public use or purpose for which it is e propriated( :hen real estate is e propriated. #ntry not delayed by appeal. or it may accept the report in part and reject it in part and it may ma!e such order or render such judgment as shall secure to the plaintiff the property essential to the e ercise of his right of e propriation. Costs" by whom paid( .

shall be entitled to the possession of the property unless a third party is actually holding the same adversely to the judgment obligor( The said purchaser or last redemptioner may secure a writ of possession. &isposition of proceeds of sale( . be paid to the person foreclosing the mortgage. and the names and residences of all persons having or claiming an interest in the property subordinate in right to that of the holder of the mortgage. the names and residences of the mortgagor and the mortgagee. the amount claimed to be unpaid thereon. a description of the mortgaged property. the court. including interest and other charges as approved by the court. the same shall be paid to junior encumbrancers in the order of their priority. :hen the defendant. after paying off the mortgage debt due. Complaint in action for foreclosure( . the purchaser at the auction sale or last redemptioner. and afterwards . How sale to proceed in case the debt is not all due ( . also upon motion. -f the debt for which the mortgage or encumbrance was held is not all due as provided in the judgment as soon as a sufficient portion of the property has been sold to pay the total amount and the costs due. after deducting the costs of the sale. subject to such rights of redemption as may be allowed by law( @pon the finality of the order of confirmation or upon the e piration of the period of redemption when allowed by law. -f upon the trial in such action the court shall find the facts set forth in the complaint to be true. -n an action for the foreclosure of a mortgage or other encumbrance upon real estate. do and perform on behalf of his ward any act. and shall render judgment for the sum so found due and order that the same be paid to the court or to the judgment obligee within a period of not less than ninety (=/) days nor more than one hundred twenty (*+/) days from the entry of judgment. (ale of mortgaged property. or if there be no such encumbrancers or there be a balance or residue after payment to them. and when there shall be any balance or residue. to be ascertained by the court. a statement of the date of the note or other documentary evidence of the obligation secured by the mortgage. fails to pay the amount of the judgment within the period specified therein. and costs. the complaint shall set forth the date and due e ecution of the mortgage. The amount reali>ed from the foreclosure sale of the mortgaged property shall. it shall ascertain the amount due to the plaintiff upon the mortgage debt or obligation. matter. which such minor or person judicially declared to be incompetent could do in such proceedings if he were of age or competent( (*?a) RULE 68 Foreclos!re o' Real Estate ort%a%e Section 1.= and other regulations governing sales of real estate under e ecution( $uch sale shall not affect the rights of persons holding prior encumbrances upon the property or a part thereof. effect( . it shall operate to divest the rights in the property of all the parties to the action and to vest their rights in the purchaser. with the approval of the court first had. The guardian or guardian ad litem of a minor or of a person judicially declared to be incompetent may. Power of guardian in such proceedings( . from the court which ordered the foreclosure( (. and when confirmed by an order of the court. then to the mortgagor or his duly authori>ed agent. all of whom shall be made defendants in the action( (*a) Section 2. Judgment on foreclosure for payment or sale( . upon motion. upon motion.a) Section 4. shall order the property to be sold in the manner and under the provisions of 6ule . its assignments. or to the person entitled to it( (?a) Section 5. or thing respecting the e propriation for public use or purpose of property belonging to such minor or person judicially declared to be incompetent.Section 14. and that in default of such payment the property shall be sold at public auction to satisfy the judgment( (+a) Section 3. if any. the sale shall terminate. if any. after being directed to do so as provided in the ne t preceding section.

= shall be applicable to the judicial foreclosure of real estate mortgages under this 6ule insofar as the former are not inconsistent with or may serve to supplement the provisions of the latter( (8a) RULE 69 &artition Section 1. the court may.*.as often as more becomes due for principal or interest and other valid charges. which time shall be stated in the judgment( (5a) Section 7. and such partition. -f after the trial the court finds that the plaintiff has the right thereto. setting forth in his complaint the nature and e tent of his title and an ade#uate description of the real estate of which partition is demanded and joining as defendants all other persons interested in the property( (*a) Section 2. shall be recorded in the registry of deeds of the place in which the property is situated( (+a) < final order decreeing partition and accounting may be appealed by any party aggrieved thereby( (n) . . the certificate of title in the name of the mortgagor shall be cancelled. the final deed of sale e ecuted by the sheriff in favor of the purchaser at the foreclosure sale shall be registered with the registry of deeds. there being a rebate of interest where such rebate is proper( (2a) Section 6. Applicability of other provisions( . ma!e the partition among themselves by proper instruments of conveyance. the court. 'rder for partition and partition by agreement thereunder ( . on motion. it shall order the partition of the real estate among all the parties in interest( Thereupon the parties may. and the entire debt and costs shall be paid.+ and . &eficiency judgment( . order more to be sold( )ut if the property cannot be sold in portions without prejudice to the parties. if the proceeds of the sale be sufficient therefor. and a new one issued in the name of the purchaser( :here a right of redemption e ists. Registration( . but the certificate of sale and the order confirming the sale shall be registered and a brief memorandum thereof made by the registrar of deeds upon the certificate of title( -n the event the property is redeemed. whereupon the certificate of title in the name of the mortgagor shall be cancelled and a new one issued in the name of the purchaser( (n) Section 8. and a brief memorandum thereof shall be made by the registrar of deeds on said certificate of title( -f the property is not redeemed. if they are able to agree. the deed of redemption shall be registered with the registry of deeds. The provisions of sections . < person having the right to compel the partition of real estate may do so as provided in this 6ule. the whole shall be ordered to be sold in the first instance. he may be personally liable to the plaintiff. upon motion. upon which e ecution may issue immediately if the balance is all due at the time of the rendition of the judgment. -f upon the sale of any real property as provided in the ne t preceding section there be a balance due to the plaintiff after applying the proceeds of the sale. < certified copy of the final order of the court confirming the sale shall be registered in the registry of deeds( -f no right of redemption e ists. shall render judgment against the defendant for any such balance for which. together with the order of the court confirming the same. Complaint in action for partition of real estate( . by the record of the case. the certificate of title in the name of the mortgagor shall not be cancelled.? of 6ule . the plaintiff shall be entitled to e ecution at such time as the balance remaining becomes due under the terms of the original contract. otherwise. and the court shall confirm the partition so agreed upon by all the parties.

which the minor or person judicially declared to be incompetent could do in partition proceedings if he were of age or competent( (=a) Section 10. the court shall appoint not more than three (. having due regard to the improvements. which oath shall be filed in court with the other proceedings in the case( -n ma!ing the partition. between the several owners thereof( (. for cause shown recommit the same to the commissioners for further report of facts. -f the parties are unable to agree upon the partition. Assignment or sale of real estate by commissioners( . matter. cannot be divided without prejudice to the interests of the parties. situation and #uality of the different parts thereof( (?a) Section 5. if assigned or sold as above provided. Accounting for rent and profits in action for partition ( . in which case the court shall order the commissioners to sell the real estate at public sale under such conditions and within such time as the court may determine( (2a) Section 6. the commissioners shall ta!e and subscribe an oath that they will faithfully perform their duties as commissioners. the court may order it assigned to one of the parties willing to ta!e the same. or set aside the report and appoint new commissioners. unless one of the interested parties as!s that the property be sold instead of being so assigned. Action of the court upon commissioners report( . and e ecution may issue therefor as in other cases( (*/a) . or. or of its value. The guardian or guardian ad litem of a minor or person judicially declared to be incompetent may. a party shall recover from another his just share of rents and profits received by such other party from the real estate in #uestion.a) Section 4. or the assignment of real estate to one of the parties.) competent and disinterested persons as commissioners to ma!e the partition. proceedings not binding until confirmed ( . @pon the e piration of the period of ten (*/) days referred to in the preceding section or even before the e piration of such period but after the interested parties have filed their objections to the report or their statement of agreement therewith the court may.Section 3. the commissioners shall view and e amine the real estate. Power of guardian in such proceedings( . if they so desire( 9o proceeding had before or conducted by the commissioners and rendered judgment thereon( (5a) Section 7. -n an action for partition in accordance with this 6ule. after due notice to the parties to attend at such view and e amination. and shall hear the parties as to their preference in the portion of the property to be set apart to them and the comparative value thereof. including the compensation of the commissioners. Costs and expenses to be taxed and collected( . or the sale of the same( @pon the filing of such report. The commissioners shall ma!e a full and accurate report to the court of all their proceedings as to the partition. )efore ma!ing such partition. :hen it is made to appear to the commissioners that the real state. and shall set apart the same to the parties in lots or parcels as will be most advantageous and e#uitable. and may ma!e such order and render such judgment as shall effectuate a fair and just partition of the real estate. provided he pays to the other parties such amount as the commissioners deem e#uitable. The court shall e#uitably ta and apportion between or among the parties the costs and e penses which accrue in the action. or accept the report in part and reject it in part. do and perform on behalf of his ward any act. 'ath and duties of commissioners( . with the approval of the court first had. the cler! of court shall serve copies thereof on all the interested parties with notice that they are allowed ten (*/) days within which to file objections to the findings of the report. Report of commissioners. upon hearing. or thing respecting the partition of real estate. having regard to the interests of the parties. and the judgment shall include an allowance for such rents and profits( (8a) Section 9.) Section 8. Commissioners to ma)e partition when parties fail to agree ( . commanding them to set off to the plaintiff and to each party in interest such part and proportion of the property as the court shall direct( (. accept the report and render judgment in accordance therewith. or a portion thereof.

or other person. and the e penses of such recording shall be ta ed as part of the costs of the action( (**a) Section 12. defeat. and the effect of the judgment shall be to vest in the party ma!ing the payment the whole of the real estate free from any interest on the part of the other parties to the action( -f the property is sold and the sale confirmed by the court. nor so as to restrict or prevent persons holding real estate jointly or in common from ma!ing an amicable partition thereof by agreement and suitable instruments of conveyance without recourse to an action( (*+a) Section 13. the judgment shall state definitely. intimidation. such action by the lesser shall be commenced only after demand to pay or comply with the conditions of the lease and to vacate is made upon the lessee. the particular portion of the real estate assigned to each party. or stealth. !he judgment and its effect. $ubject to the provisions of the ne t succeeding section. or other person against whom the possession of any land or building is unlawfully withheld after the e piration or termination of the right to hold possession. bring an action in the proper &unicipal Trial 7ourt against the person or persons unlawfully withholding or depriving of possession. or by serving written notice of such demand upon the person found on the premises if no person be found thereon. in so far as the same may be applicable( (*.Section 11. or any person or persons claiming under them. vendor. for the restitution of such possession. @nless otherwise stipulated.) RULE 70 Forci1le Entr0 an+ Unla)'!l 2etainer Section 1. or by title paramount to the title of the parties among whom the partition may have been made. or of both real and personal property. irrespective of the amount of damages or unpaid rentals sought to be recovered. Neither paramount rights nor amicable partition affected by this Rule ( . strategy. vendee. together with damages and costs( (*a) Section 2. may. Partition of personal property( . The provisions of this 6ule shall apply to partitions of estates composed of personal property. and when( . at any time within one (*) year after such unlawful deprivation or withholding of possession. by virtue of any contract. ho may institute proceedings. or a lessor. the judgment shall state the name of the purchaser or purchasers and a definite description of the parcels of real estate sold to each purchaser. and the effect of the judgment shall be to vest in each party to the action in severalty the portion of the real estate assigned to him( -f the whole property is assigned to one of the parties upon his paying to the others the sum or sums ordered by the court. or destroy the right or title of any person claiming the real estate involved by title under any other person. and the effect of the judgment shall be to vest the real estate in the purchaser or purchasers ma!ing the payment or payments. copy to be recorded in registry of deeds( . the judgment shall state the fact of such payment and of the assignment of the real estate to the party ma!ing the payment. by metes and bounds and ade#uate description. or the legal representatives or assigns of any such lessor. e press or implied. all actions for forcible entry and unlawful detainer. free from the claims of any of the parties to the action( < certified copy of the judgment shall in either case be recorded in the registry of deeds of the place in which the real estate is situated. and the lessee fails to comply therewith after fifteen (*2) days in the case of land or five (2) days in the case of buildings( (+a) Section 3. 9othing in this 6ule contained shall be construed so as to prejudice. vendor. 6essor to proceed against lessee only after demand ( . vendee. shall be governed by the summary procedure hereunder provided( (n) . threat. (ummary procedure( . -f actual partition of property is made. a person deprived of the possession of any land or building by force. 3 cept in cases covered by the agricultural tenancy laws or when the law otherwise e pressly provides.

the court. from an e amination of the allegations in the complaint and such evidence as may be attached thereto. the plaintiff shall li!ewise be entitled to judgment in accordance with the ne t preceding section( This procedure shall not apply where one of two or more defendants sued under a common cause of action defense shall appear at the preliminary conference( 9o postponement of the preliminary conference shall be granted e cept for highly meritorious grounds and without prejudice to such sanctions as the court in the e ercise of sound discretion may impose on the movant( (n) Section 9. The only pleadings allowed to be filed are the complaint. Pleadings allowed( . (c)./) days from issuance of the order. the terms thereof. :ithin five (2) days after the termination of the preliminary conference. without prejudice to the applicability of section . and if so. :ithin ten (*/) days from service of summons. 6$") Section 8. it shall forthwith issue summons( (n) Section 6. judgment may be rendered without the need of further proceedings.Section 4. compulsory counterclaim and cross1claim pleaded in the answer.( :hether. Preliminary conference. 6ule = if there are two or more defendants( (5. and ./) days after the last answer is filed. on the basis of the pleadings and the stipulations and admission made by the parties. Record of preliminary conference( . Answers( . including but not limited to0 *( :hether the parties have arrived at an amicable settlement.a. dismiss the case outright on any of the grounds for the dismissal of a civil action which are apparent therein( -f no ground for dismissal is found. Action on complaint( . and the answers thereto( <ll pleadings shall be verified( (. #ffect of failure to answer( . motu proprio or on motion of the plaintiff.. the defendant shall file his answer to the complaint and serve a copy thereof on the plaintiff( <ffirmative and negative defenses not pleaded therein shall be deemed waived. in which event the judgment shall be rendered within thirty (. the court shall issue an order stating the matters ta!en up therein. appearance of parties( . The court may. a preliminary conference shall be held( The provisions of 6ule *8 on pre1trial shall be applicable to the preliminary conference unless inconsistent with the provisions of this 6ule( The failure of the plaintiff to appear in the preliminary conference shall be cause for the dismissal of his complaint( The defendant who appears in the absence of the plaintiff shall be entitled to judgment on his counterclaim in accordance with the ne t preceding section( <ll cross1claims shall be dismissed( (. 6$") -f a sole defendant shall fail to appear. shall render judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for therein( The court may in its discretion reduce the amount of damages and attorney's fees claimed for being e cessive or otherwise unconscionable. . $hould the defendant fail to answer the complaint within the period above provided. +( The stipulations or admissions entered into by the parties. 9ot later than thirty (. ?( < clear specification of material facts which remain converted. e cept lac! of jurisdiction over the subject matter( 7ross1claims and compulsory counterclaims not asserted in the answer shall be considered barred( The answer to counterclaims or cross1claims shall be served and filed within ten (*/) days from service of the answer in which they are pleaded( (2 6$") Section 7. 6$") Section 5.

2( $uch other matters intended to e pedite the disposition of the case( (8.( "etition for certiorari. :ithin ten (*/) days from receipt of the order mentioned in the ne t preceding section. mandamus. (ubmission of affidavits and position papers( . 6$") . 2( &otion for e tension of time to file pleadings. affidavits or any other paper./) days after receipt of the affidavits and position papers. The following petitions. . issue an order specifying the matters to be clarified. should the court find it necessary to clarify certain material facts. or the e piration of the period for filing the same. 8( &otion to declare the defendant in default.( &otion for new trial. or failure to comply with section *+. Period for rendition of judgment( . the court shall render judgment( However. and may be revived only after that re#uirement shall have been complied with( (*8a. together with their position papers setting forth the law and the facts relied upon by them( (=. Prohibited pleadings and motions( . +( &otion for a bill of particulars. 5( &emoranda. shall be dismissed without prejudice. where there is no showing of compliance with such re#uirement. *+( -nterventions( (*=a. or for reconsideration of a judgment. 7ases re#uiring referral for conciliation. :ithin thirty (. and re#uire the parties to submit affidavits or other evidence on the said matters within ten (*/) days from receipt of said order( Cudgment shall be rendered within fifteen (*2) days after the receipt of the last affidavit or the e piration of the period for filing the same( The court shall not resort to the foregoing procedure just to gain time for the rendition of the judgment( (n) Section 12. or prohibition against any interlocutory order issued by the court. motions. =( Ailatory motions for postponement. */( 6eply. ?( "etition for relief from judgment. during the said period. **( Third1party complaints. . Referral for conciliation( . or pleadings shall not be allowed0 *( &otion to dismiss the complaint e cept on the ground of lac! of jurisdiction over the subject matter. the parties shall submit the affidavits of their witnesses and other evidence on the factual issues defined in the order. 6$") Section 13. 6$") Section 11. or for reopening of trial. 6$") Section 10.

by agreement of the interested parties. to prevent the defendant from committing further acts of dispossession against the plaintiff( < possessor deprived of his possession through forcible from the filing of the complaint. as determined by the judgment of the &unicipal Trial 7ourt( -n the absence of a contract. or in the absence of reasonable grounds of opposition to a motion to withdraw. :hen the defendant raises the defense of ownership in his pleadings and the #uestion of possession cannot be resolved without deciding the issue of ownership./) days from the filing thereof( (. Preliminary injunction( . damages. and shall be held there until the final disposition of the appeal. with the papers. and shall show their competence to testify to the matters stated therein( < violation of this re#uirement may subject the party or the counsel who submits the same to disciplinary action. the appellate court. he shall deposit with the 6egional Trial 7ourt the reasonable value of the use and occupation of the premises for the preceding month or period at the rate determined by the judgment of the lower court on or before the tenth day of each succeeding month or period( The supersedeas bond shall be transmitted by the &unicipal Trial 7ourt. to the cler! of the 6egional Trial 7ourt to which the action is appealed( <ll amounts so paid to the appellate court shall be deposited with said court or authori>ed government depositary ban!. how to stay same( . 6$") Section 15. it shall render judgment in favor of the plaintiff for the restitution of the premises. e ecution shall issue immediately upon motion unless an appeal has been perfected and the defendant to stay e ecution files a sufficient supersedeas bond. -f after trial court finds that the allegations of the complaint are true. unless the court. during the pendency of the appeal.Section 14. he deposits with the appellate court the amount of rent due from time to time under the contract.a) Section 16. not conclusive in actions involving title or ownership( . approved by the &unicipal Trial 7ourt and e ecuted in favor of the plaintiff to pay the rents. Judgment( . 4mmediate execution of judgment. attorney's fees and costs( -f a counterclaim is established. the issue of ownership shall be resolved only to determine the issue of possession( (?a) Section 17. Affidavits( .a) Section 19. Resolving defense of ownership( . and shall be cause to e punge the inadmissible affidavit or portion thereof from the record( (+/. and costs accruing down to the time of the judgment appealed from. The affidavits re#uired to be submitted under this 6ule shall state only facts of direct personal !nowledge of the affiants which are admissible in evidence. or for justifiable reasons. The judgment 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 building( $uch judgment shall not bar an action between the same parties respecting title to the land or building( The judgment or final order shall be appealable to the appropriate 6egional Trial 7ourt which shall decide the same on the basis of the entire record of the proceedings had in the court of origin and such memoranda andDor briefs as may be submitted by the parties or re#uired by the 6egional Trial 7ourt( (. present a motion in the action for forcible entry or unlawful detainer for the issuance of a writ of preliminary mandatory injunction to restore him in his possession( The court shall decide the motion within thirty (. shall decree otherwise( $hould the defendant fail to ma!e the payments above prescribed from time to time during the pendency of the appeal. in accordance with the provisions of 6ule 28 hereof. the sum justly due as arrears of rent or as reasonable compensation for the use and occupation of the premises. and unless. Judgment conclusive only on possession. . The court may grant preliminary injunction. if any. the court shall render judgment for the sum found in arrears from either party and award costs as justice re#uires( (5a) Section 18. -f judgment is rendered against the defendant.

provided such person files a bond fi ed by the court which rendered the judgment and conditioned that he will abide by and perform the judgment should the petition be decided against him( (+a) Section 3. Remedy therefrom( . or to subscribe an affidavit or deposition when lawfully re#uired to do so. 4ndirect contempt to be punished after charge and hearing ( . or both. without prejudice to a further appeal that may be ta!en therefrom( (*/a) RULE 71 #ontempt Section 1. or by a fine not e ceeding two hundred pesos or imprisonment not e ceeding one (*) day. may be summarily adjudged in contempt by such court and punished by a fine not e ceeding two thousand pesos or imprisonment not e ceeding ten (*/) days. @pon motion of the plaintiff. but may avail himself of the remedies of certiorari or prohibition( The e ecution of the judgment shall be suspended pending resolution of such petition. offensive personalities toward others. after being dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction. (b) Aisobedience of or resistance to a lawful writ. including the act of a person who. including disrespect toward the court. enters or attempts or induces another .upon motion of the plaintiff. a person guilty of any of the following acts may be punished for indirect contempt. or both. (a) &isbehavior of an officer of a court in the performance of his official duties or in his official transactions. 4mmediate execution on appeal to Court of Appeals or (upreme Court ( . the latter may issue a writ of preliminary mandatory injunction to restore the plaintiff in possession if the court is satisfied that the defendant's appeal is frivolous or dilatory or that the appeal of the plaintiff is prima facie meritorious( (=a) Section 21. but such e ecution shall not be a bar to the appeal ta!ing its course until the final disposition thereof on the merits( <fter the case is decided by the 6egional Trial 7ourt. The person adjudged in direct contempt by any court may not appeal therefrom. and an opportunity given to the respondent to comment thereon within such period as may be fi ed by the court and to be heard by himself or counsel. damages for such deprivation of possession and restoration of possession and restoration of possession may be allowed the defendant in the judgment of the 6egional Trial 7ourt disposing of the appeal( (8a) Section 20. shall order the e ecution of the judgment appealed from with respect to the restoration of possession. and upon proof of such failure. within ten (*/) days from the perfection of the appeal to the 6egional Trial 7ourt. The judgment of the 6egional Trial 7ourt against the defendant shall be immediately e ecutory. < person guilty of misbehavior in the presence of or so near a court as to obstruct or interrupt the proceedings before the same. if it be a lower court( (*a) Section 2. process. <fter a charge in writing has been filed. Preliminary mandatory injunction in case of appeal( . &irect contempt punished summarily ( . or refusal to be sworn or to answer as a witness. any money paid to the court by the defendant for purposes of the stay of e ecution shall be disposed of in accordance with the provisions of the judgment of the 6egional Trial 7ourt( -n any case wherein it appears that the defendant has been deprived of the lawful possession of land or building pending the appeal by virtue of the e ecution of the judgment of the &unicipal Trial 7ourt. if it be a 6egional Trial 7ourt or a court of e#uivalent or higher ran!. or judgment of a court. order.

or attempted rescue. How proceedings commenced( . directly or indirectly. testimony or defense as the respondent may ma!e or offer( (2a) Section 7. for his appearance at the hearing of the charge( On the day set therefor. charges for indirect contempt shall be commenced by a verified petition with supporting particulars and certified true copies of documents or papers involved therein.to enter into or upon such real property. Punishment for indirect contempt ( . unless the court in its discretion orders the consolidation of the contempt charge and the principal action for joint hearing and decision( (n) Section 5. the charge may be filed with such court( :here such contempt has been committed against a lower court. -f the hearing is not ordered to be had forthwith. "roceedings for indirect contempt may be initiated motu propio by the court against which the contempt was committed by an order or any other formal charge re#uiring the respondent to show cause why he should not be punished for contempt( -n all other cases.. or both( -f he is adjudged guilty of contempt committed against a lower court. the petition for contempt shall allege that fact but said petition shall be doc!eted. for the purpose of e ecuting acts of ownership or possession. the charge may be filed with the 6egional Trial 7ourt of the place in which the lower court is sitting. or against an officer appointed by it. or from holding him in custody pending such proceedings( (. the respondent may be released from custody upon filing a bond. (g) The rescue. he may also be ordered to ma!e complete restitution to the party injured by such violation of the property involved or such amount as may be alleged and proved( .a) Section 4. he may be punished by a fine not e ceeding five thousand pesos or imprisonment not e ceeding one (*) month. here charge to be filed( . Hearing. )ar &atter 9o( 8/. or both( -f the contempt consists in the violation of a writ of injunction. to impede. (e) <ssuming to be an attorney or an officer of a court. of a person or property in the custody of an officer by virtue of an order or process of a court held by him( )ut nothing in this section shall be so construed as to prevent the court from issuing process to bring the respondent into court. or degrade the administration of justice. the court shall proceed to investigate the charge and consider such comment. heard and decided separately. but the proceedings may also be instituted in such lower court subject to appeal to the 6egional Trial 7ourt of such place in the same manner as provided in section ** of this 6ule( (?a. in an amount fi ed by the court. he may be punished by a fine not e ceeding thirty thousand pesos or imprisonment not e ceeding si (5) months. (f) 4ailure to obey a subpoena duly served. +* Culy *==8) Section 6. -f the respondent is adjudged guilty of indirect contempt committed against a 6egional Trial 7ourt or a court of e#uivalent or higher ran!. or in any manner disturbs the possession given to the person adjudged to be entitled thereto. and upon full compliance with the re#uirements for filing initiatory pleadings for civil actions in the court concerned( -f the contempt charges arose out of or are related to a principal action pending in the court. :here the charge for indirect contempt has been committed against a 6egional Trial 7ourt or a court of e#uivalent or higher ran!. release on bail( . and acting as such without authority. temporary restraining order or status $uo order. (d) <ny improper conduct tending. obstruct. (c) <ny abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt under section * of this 6ule.

4mprisonment until order obeyed( . or shall have suppletory effect to such rules as they may have adopted pursuant to authority granted to them by law to punish for contempt( The 6egional Trial 7ourt of the place wherein the contempt has been committed shall have jurisdiction over such charges as may be filed therefor( (n) . with the costs of the proceedings. the court may issue another order of arrest or may order the bond for his appearance to be forfeited and confiscated.a) Section 9. or both. as in ordinary civil actions. Review of judgment or final order. shall issue for the enforcement of a judgment imposing a fine unless the court otherwise provides( (5a) Section 8. Contempt against $uasi2judicial entities( . Proceeding when party released on bail fails to answer( . the measure of damages shall be the e tent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the contempt charge was prosecuted. The court which issued the order imprisoning a person for contempt may discharge him from imprisonment when it appears that public interest will not be prejudiced by his release( (=a) Section 11. he may be imprisoned by order of the court concerned until he performs it( (. bond for stay( . in an amount fi ed by the court from which the appeal is ta!en.The writ of e ecution. bodies or agencies e ercising #uasi1judicial functions. conditioned that if the appeal be decided against him he will abide by and perform the judgment or final order( (*/a) Section 12. if the bond be proceeded against. @nless otherwise provided by law. Court may release respondent( . :hen a respondent released on bail fails to appear on the day fi ed for the hearing. this 6ule shall apply to contempt committed against persons. and. The judgment or final order of a court in a case of indirect contempt may be appealed to the proper court as in criminal cases( )ut e ecution of the judgment or final order shall not be suspended until a bond is filed by the person adjudged in contempt. the bond shall be liable and disposed of as in criminal cases( (8a) Section 10. and such recovery shall be for the benefit of the party injured( -f there is no aggrieved party. :hen the contempt consists in the refusal or omission to do an act which is yet in the power of the respondent to perform. entities.

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