RULE 30 TRIAL SECTION 1. Notice of trial.
Upon entry of a case in the trial calendar, the clerk 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. (2a, R22) SEC. 2. Adjournments and postponements. A court may adjourn a trial from day to da y, and to any stated time, as the expeditious and convenient transaction of busi ness may require, but shall have no power to adjourn a trial for a longer period than one month for each adjournment, nor more than three months in all, except when authorized in writing by the Court Administrator, Supreme Court. (3a, R22) SEC. 3. Requisites of motion to postpone trial for absence of evidence. A motion t o postpone a trial on the ground of absence of evidence can be granted only upon affidavit showing the materiality or relevancy of such evidence, and that due d iligence has been used to procure it. But if the adverse party admits the facts to be given in evidence, even if he objects or reserves the right to their admis sibility, the trial shall not be postponed. (4a, R22) SEC. 4. Requisites of motion to postpone trial for illness of party or counsel. 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 sworn certification that the presence o f such party or counsel at the trial is indispensable and that the character of his illness is such as to render his non-attendance excusable. (5a, R22) SEC. 5. Order of trial. Subject to the provisions of section 2 of Rule 31, and unl ess the court for special reasons otherwise directs, the trial shall be limited to the issues stated in the pre-trial order and shall proceed as follows: (a) The plaintiff shall adduce evidence in support of his complaint; (b) The defendant shall then adduce evidence in support of his defense, counterc laim, cross-claim and third-party complaint; (c) The third-party defendant, if any, shall adduce evidence of his defense, cou nterclaim, cross-claim and fourth-party complaint; (d) The fourth-party, and so forth, if any, shall adduce evidence of the materia l facts pleaded by them; (e) The parties against whom any counterclaim or cross-claim has been pleaded, s hall adduce evidence in support of their defense, in the order to be prescribed by the court; (f) The parties may then respectively adduce rebutting evidence only, unless th e court, for good reasons and in the furtherance of justice, permits them to add uce evidence upon their original case; and (g) Upon admission of the evidence, the case shall be deemed submitted for decis ion, unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings. If several defendants or third-party defendants, and so forth. having separate d efenses appear by different counsel, the court shall determine the relative orde r of presentation of their evidence. (1a, R30) SEC. 6. Agreed statement of facts The parties to any action may agree, in writing, upon the facts involved in the litigation, and submit the case for judgment on the facts agreed upon, without the introduction of evidence.
If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts in such order as the court shall prescribe. (2a, R30) SEC. 7. Statement of judge. During the hearing or trial of a case any statement ma de by the judge with reference to the case, or to any of the parties, witnesses or counsel, shall be made of record in the stenographic notes. (3a, R30) SEC. 8. Suspension of actions. The suspension of actions shall be governed by the provisions of the Civil Code. (n) SEC. 9. Judge to receive evidence; delegation to clerk of court. The judge of the court where the case is pending shall personally receive the evidence to be addu ced by the parties. However, in default or ex parte hearings, and in any case wh ere the parties agree in writing, the court may delegate the reception of eviden ce to its clerk of court who is a member of the bar. The clerk of court shall ha ve no power to rule on objections to any question or to the admission of exhibit s, which objections shall be resolved by the court upon submission of his report and the transcripts within ten (10) days from termination of the hearing. (n) RULE 31 CONSOLIDATION OR SEVERANCE SECTION 1. Consolidation. When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or al l the matters in issue in the actions; it may order all the actions consolidated ; and it may make such orders concerning proceedings therein as may tend to avoi d unnecessary costs or delay. (1) SEC. 2. Separate trials. The court, in furtherance of convenience or to avoid prej udice, may order a separate trial of any claim, cross-claim, counterclaim, or th ird-party complaint, or of any separate issue or of any number of claims, crossclaims, counterclaims, third-party complaint or issues. (2a) RULE 32 TRIAL BY COMMISSIONER SECTION 1. Reference by consent. By written consent of both parties, 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 Ru les, the word commissioner includes a referee, an auditor and an examiner. (1a, R3 3) SEC. 2. Reference ordered on motion. When the parties do not consent, the court ma y, upon the application of either or of its own motion) direct a reference to a commissioner in the following cases: (a) When the trial of an issue of fact requires the examination of a l ong account on either side, in which case the commissioner may be directed to hea r and report upon the whole issue or any specific question involved therein; (b) When the taking of an account is necessary for the information of the court before judgment, or for carrying a judgment or order into effect; (c) When a question of fact, other than upon the pleading s, arises upon motion or otherwise, in any stage of a case, or for carrying a ju dgment or order into effect. (2a, R33) SEC. 3. Order of reference; powers of the commissioner. When a reference is made, the clerk shall forthwith furnish, the commissioner with a copy of the order of
reference. The order may specify or limit the powers of the commissioner, and m ay direct him to report only upon particular issues, or to do or perform particu lar acts, or to receive and report evidence only, and may fix the date for begin ning and closing the hearings and for the filing of his report. Subject to the s pecifications and limitations stated in the order, the commissioner has and shal l exercise the power to regulate the proceedings in every hearing before him and to do all acts and take all measures necessary or proper for the efficient perf ormance of his duties under the order. He may issue subpoenas and subpoenas duce s tecum, swear witnesses, and unless otherwise provided in the order of referenc e, he may rule upon the admissibility of evidence. The trial or hearing before h im shall proceed in all respects as it would if held before the court. (3a, R33) SEC. 4. Oath of commissioner. Before entering upon his duties the commissioner sha ll be sworn to a faithful and honest performance thereof. (14, R33) SEC. 5. Proceedings before commissioner. Upon receipt of the order of reference an d unless otherwise provided therein, the commissioner shall forthwith set a time and place for the first meeting of the parties or their counsel to be held with in ten (10) days after the date of the order of reference and shall notify the p arties or their counsel. (5a, R33) SEC. 6. Failure of parties to appear before commissioner. If a party fails to appe ar at the time and place appointed, the commissioner may proceed ex parte or, in his discretion, adjourn the proceedings to a future day, giving notice to the a bsent party or his counsel of the adjournment. (6a, R33) SEC. 7. Refusal of witness. The refusal of a witness to obey a subpoena issued by the commissioner or to give evidence before him, shall be deemed a contempt of t he court which appointed the commissioner. (7a, R33) SEC. 8. Commissioner shall avoid delays. It is the duty of the commissioner to pro ceed with all reasonable diligence. Either party, on notice to the parties and c ommissioner, may apply to the court for an order requiring the commissioner to e xpedite the proceedings and to make his report. (8a, R33) SEC. 9. Report of commissioner. Upon the completion of the trial or hearing or pro ceeding before the commissioner, he shall file with the court his report in writ ing upon the matters submitted to him by the order of reference. When his powers are not specified or limited, he shall set forth his findings of fact and concl usions of law in his report. He shall attach thereto all. exhibits, affidavits, depositions, papers and the transcripts, if any, of the testimonial evidence pre sented before him. (9a, R33) SEC. 10. Notice to parties of the filing of report. Upon the filing of the report, the parties shall be notified by the clerk, and they shall be allowed ten (10) days within which to signify grounds of objections to the findings of the report , if they so desire. Objections to the report based upon grounds which were avai lable to the parties during the proceedings before the commissioner, other than objections to the findings and conclusions therein set forth, shall not be consi dered by the court unless they were made before the commissioner. (10, R33) SEC. 11. Hearing upon report. Upon the expiration of the period of ten (10) days r eferred to in the preceding section, the report shall be set for hearing, after which the court shall issue an order adopting, modifying, or rejecting the repor t in whole or in part, or recommitting it with instructions, or requiring the pa rties to present further evidence before the commissioner or the court. (11a, R3 3) SEC. 12. Stipulations as to findings. When the parties stipulate that a commission er s findings of fact shall be final, only questions of law shall thereafter be co
nsidered. (12a, R33) SEC. 13. Compensation of commissioner. The court shall allow the commissioner such reasonable compensation as the circumstances of the case warrant, to be taxed a s costs against the defeated party, or apportioned, as justice requires. (13, R3 3) RULE 33 DEMURRER TO EVIDENCE SECTION 1. Demurrer to evidence. After the plaintiff has completed the presentatio n of his evidence, the defendant may move for dismissal on the ground that upon the facts and the law the plaintiff has shown 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 wai ved the right to present evidence. (1a, R35) RULE 34 JUDGMENT ON THE PLEADINGS SECTION 1. Judgment on the pleadings. Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party s pleading, the co urt may, on motion of that party, direct judgment on such pleading. However, in actions for declaration of nullity or annulment of marriage or for legal separat ion, the material facts alleged in the complaint shall always be proved. (1a, R1 9) RULE 35 SUMMARY JUDGMENTS SECTION 1. Summary judgment for claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory relief may, at any time after the pleading in answer thereto has been served, move with supporting affi davits, depositions or admissions for a summary judgment in his favor upon all o r any part thereof. (1a, R34) SEC. 2. Summary judgment for defending party. A party against whom a claim, counte rclaim or cross-claim is asserted or a declaratory relief is sought may, at any time, move with supporting affidavits, depositions or admissions for a summary j udgment in his favor as to all or any part thereof. (2a, R34) SEC. 3. Motion and proceedings thereon . The motion shall be served at least ten ( 10) days before the time specified for the hearing. The adverse party may serve opposing affidavits, depositions, or admissions at least three (3) days before t he hearing. After the hearing, the judgment sought shall be rendered forthwith i f the pleadings, supporting affidavits, depositions, and admissions on file, sho w that, except as to the amount of damages, there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (3a, R34) SEC. 4. Case not fully adjudicated on motion. If on motion under this Rule, judgme nt is not rendered upon the whole case or for all the reliefs sought and a trial is necessary, the court at the hearing of the motion, by examining the pleading s and the evidence before it and by interrogating counsel shall ascertain what m aterial facts exist without substantial controversy and what are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the a mount of damages or other relief is not in controversy, and directing such furth er proceedings in the action as are just. The facts so specified shall be deemed established, and the trial shall be conducted on the controverted facts accordi
when a several judgment is proper. 10. Rendition of judgments and final orders. 2. The date of finality of the judgment or final order shall be deeme d to be the date of its entry. may render a separate judgment disposing of such claim. It may. The judgment shall terminate the action with respect to the claim so disposed of and the action shall proceed as to the remaining claim s. 5. In case a separate judgment is rendered. When judgment is re ndered against two or more persons sued as an entity without juridical personali ty. and filed with the clerk of the court. (3) SEC. 5. Judgment may be gi ven for or against one or more several plaintiffs. R34) SEC. (6a. at any stage. signed by him. the court. if known. (4) SEC. the court shall forthwith order the o ffending party or counsel to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur. R51) . If no appeal or motion for new trial or reconsideration is filed within the time provided in these Rules. (2a. Certified true copies of all papers or parts thereof referred to in the affidavit shall be attached thereto or serve d therewith. the judgmen t or final order shall forthwith be entered by the clerk in the book of entries of judgments. Form of affidavits and supporting papers. 6. The record shall contain the dispositive part of the judgment or final order and shall be signed by the clerk. shall set forth such facts as would be a dmissible in evidence. SEC. (1a) SEC.ngly. Supporting and opposing affidavi ts shall be made on personal knowledge. further adjudge the offending party or counsel guilty of contempt. (5a) SEC. Several judgments. the court may require the part ies on each side to file adversary pleadings as between themselves and determine their ultimate rights and obligations. the court by order may stay its enfo rcement until the rendition of a subsequent judgment or judgments and may prescr ibe such conditions as may be necessary to secure the benefit thereof to the par ty in whose favor the judgment is rendered. (6a) RULE 37
. R34) SEC. Should it appear to its satisfaction at any time that any of the affidavits presented pursuant to this Rule are presented in bad faith. stating clearly and distinctly the facts and the law on which it is based. When more than one claim for relief is presented in an action. with a certificate that such judgment or final order has become final and executory. Judgment against entity without juridical personality. upon a determination of the issues material to a particular claim and all counterclaims arising out of the transaction or occu rrence which is the subject matter of the claim. When justice so demands. and shall show affirmatively that the affiant is competen t to testify to the matters stated therein. 6. 4. (5a. including atto rney s fees. the court may. Separate judgments. and for or against one or mor e of several defendants. In an action against several defendants. after hearing. leaving the action to proceed against the others. render judgment against one or more of them. Entry of judgments and final orders. or solely for the purpose of delay. 3. the judgment shall set out their individual or proper names. (4a. A judgment or final order dete rmining the merits of the case shall be in writing personally and directly prepa red by the judge. R34) RULE 36 JUDGMENTS. Judgment for or against one or more of several parties. FINAL ORDERS AND ENTRY THEREOF SECTION 1. Affidavits in bad faith.
A motion for reconsideration shall point out specifically the findings or conclu sions of the judgment or final order which are not supported by the evidence or which are contrary to law. A motion for new trial shall include all grou nds then available and those not so included shall be deemed waived. Effect of granting of motion for new trial. or by duly auth enticated documents which are proposed to be introduced in evidence. A second mo tion for new trial. No party shall be allowed a second motion for reconsideration of a judgment or f inal order. 3. A motion for the cause mentioned in paragraph (a) of the preceding section sh all be supported by affidavits of merits which may be rebutted by affidavits. Within the same period. or may deny the motion. with reasonable diligence. (1a) SEC. ha ve discovered and produced at the trial. which he could not. Resolution of motion A motion for new trial or reconsideration shall be re solved within thirty (30) days from the time it is submitted for resolution. The trial court may se t aside the judgment or final order and grant a new trial. accident. making express reference to the testimonial or docume ntary evidence or to the provisions of law alleged to be contrary to such findin gs or conclusions. it may amend such judgment or final order accordingly. the aggrieved party may move the tria l court to set aside the judgment or final order and grant a new trial for one o r more of the following causes materially affecting the substantial rights of sa id party: (a) Fraud. a writ ten notice of which shall be served by the movant on the adverse party. or (b) Newly discovered evidence. Grounds of and period for filing motion for new trial or reconsiderat ion. (n) SEC. and which if presented would probably a lter the result. upon such terms as ma y be just. (4a. Th e motion shall be made in writing stating the ground or grounds therefor. Within the period for taking an appeal. A motion for the cause mentioned in paragraph (b) shall be supported by affidavits of the witnesses by whom such evidence is expected to be given. If the court finds that excessive damages hav e been awarded or that the judgment or final order is contrary to the evidence o r law. A pro forma motion for new trial or reconsideration shall not toll the reglement ary period of appeal. A motion for new trial shall be proved in the manner provided for proof of motio ns. that the evidence is insu fficient to justify the decision or final order. (3a) SEC. Second motion for new trial. 6. may be filed within the time herein provided excluding the time during which the first motion had been pending. IRG) SEC. Action upon motion for new trial or reconsideration. the aggrieved party may also move for reconsideration up on the grounds that the damages awarded are excessive. mistake or excusable negligence which ordinary prudence cou ld not have guarded against and by reason of which such aggrieved party has prob ably been impaired in his rights. Contents of motion for new trial or reconsideration and notice thereof. or that the decision or final o rder is contrary to law. 2. based on a ground not existing nor available when the first motion was made. If a new trial is granted in a
. 5. 4.NEW TRIAL OR RECONSIDERATION SECTION 1. 4. (2a) SEC.
mistake. order or proceeding be set aside. Petition for relief from denial of appeal When a judgment or final order i s rendered by any court in a case. final order. or other proceedings When a j udgment or final order is entered. 7. may grant such preliminary injunction as may be necessary for the pr eservation of the rights of the parties. (5) SEC. Effect of order for partial new trial. If the grounds for a motion under th is Rule appear to the court to affect the issues as to only a part. 2. conditioned that if the petition is dismisse d or the petitioner fails on the trial of the case upon its merits. or other proceeding to be set aside. mistake. shall be used at the new trial without retaking t he same. Order to file an answer If the petition is sufficient in form and substan ce to justify relief. accident. or excusable negligence. Petition for relief from judgment. mist ake. shall issue an order requi ring the adverse parties to answer the same within fifteen (15) days from the re ceipt thereof. filed wit hin sixty (60) days after the petitioner learns of the judgment. 9. but the recorde d evidence taken upon the former trial. or only one. (7a) SEC. (2a) SEC. 8. the original judgment or final order shall be vacated. or stay the enforcement of such judgment or final order until after the new trial. by fraud. together with copies of the petition and the accompanying affidavits. ORDERS OR OTHER PROCEEDINGS SECTION 1. and must be acc ompanied with affidavits showing the fraud. has been prevented from taking an appeal. upon the filing by the petitioner of a bond in favor of the adverse party. (1a) SEC. the court in which it is filed. or such proceeding was taken. 4. (4a) SEC. as the case may be. accident. order. he may file a petition in such court and in the same case praying that th e judgment. or excusable negli gence. insofar as the same is material and comp etent to establish the issues. of the parties to it. and not more than six (6) months after such ju dgment or final order was entered. accident. the remedy being an appeal from the judgment or final order. or less than all of the matter in controversy. or excusable negl igence relied upon. 3. A petition provided for in either of the preceding sections of this Rule must be verified. Time for filing petition. and a party thereto. the court may order a new trial or grant reconsideration as to such issu es if severable without interfering with the judgment or final order upon the re st. he may f ile a petition in such court and in the same case praying that the appeal be giv en due course.ccordance with the provisions of this Rule. (n) RULE 38 RELIEF FROM JUDGMENTS. Preliminary injunction pending proceedings. 5. or less than all. Partial new trial or reconsideration. The court in which the petitio n is filed. An order denying a motion for new trial or reconsideration is not appealable. or any other proceeding is thereafter taken a gainst a party in any court through fraud. Remedy against order denying a motion for new trial or reconsideration. he will pay the adverse party all damages and costs that may be awarded to him by reason of the issuance of such injunction or the other proceedings following the petition. and the action shall stand for trial de novo. (6a) SEC. contents and verification. but such injunction shall not operate to discharge or extinguish any lien which
. The order shall be served in such manner as the court may direct. the court may either enter a judgment or final order as to th e rest. when less than all of the issues ar e ordered retried. (3) SEC. and the facts constituting the petitioner s good and substanti al cause of action or defense.
(6a) SEC. Proceedings after answer is filed. separate or pa rtial judgment may be executed under the same terms and conditions as execution of a judgment or final order pending appeal. direct the court of origin to issue the writ of execution. 2. (2a) SEC. the motion for execution pending ap peal may be filed in the appellate court. upon a judgment or order that disposes of the action or proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly perfected. Thereafter the case shall stand as if such judgment. said court may. 7. as the case may be. On motion of the preva iling party with notice to the adverse party filed in the trial court while it h as jurisdiction over the case and is in possession of either the original record or the record on appeal. Where the denial of an appeal is set aside. the court shall hear the petition and if after such hearing. in its discretion. but if it finds said allegations to be true. final ord er or other proceeding had never been rendered. on motion of the judgment obligee . The appellate court may. (1a) If the appeal has been duly perfected and finally resolved. when the interest of justic e so requires. the petition shall be dismissed. at the time of the filing of such motion. Procedure where the denial of an appeal is set aside . (3a)
. Discretionary execution may only issue upon good reasons to be stated in a speci al order after due hearing. the execution may fo rthwith be applied for in the court of origin. After the filing of the answer or the e xpiration of the period therefor. the lower court shall be required to give due course to the appeal and to elevate the record of the appealed case as if a timely and pr oper appeal had been made. Execution shall issue as a m atter of right. (7a) RULE 39 EXECUTION. 6. conditioned u pon the performance of the judgment or order allowed to be executed in case it s hall be finally sustained in whole or in part. with notice t o the adverse party. Discretionary execution. issued or taken. SATISFACTION AND EFFECT OF JUDGMENTS SECTION 1. submitting therewith certified true copies of the judgment or judgments or fin al order or orders sought to be enforced and of the entry thereof. Stay of discretionary execution. After the trial court has lost jurisdiction. The bond thus given may be procee ded against on motion with notice to the surety. (n) SEC. (a) Execution of a judgment or final order pending appeal. it shall set as ide the judgment or final order or other proceeding complained of upon such term s as may be just. Discretionary execution issued under the preceding section may be stayed upon approval by the proper court of a sufficien t supersedeas bond filed by the party against whom it is directed. (5a) SEC. on motion in the same case. Execution upon judgments or final orders. order execution of a judgment or fina l order even before the expiration of the period to appeal. separate or partial judgments.the adverse party may have acquired upon the property of the petitioner. it finds that the allegations thereof are not true. 3. on motion. (b) Execution of several. A several. The court shall then proceed to hear and determine the case as if a timely motion for a new tri al or reconsideration had been granted by it.
5. In case of the death of a party. (c) If it be for the sale of real or personal property. devisees. upon the applicatio n of his executor or administrator. a judgment may be enforced by action. (b) If it be against real or personal property in the hands of person al representatives. after e xecution is actually levied upon any of his property. the appellate court in its dis cretion may make an order suspending. out of such property. Judgments not stayed by appeal. or successor in interest. Judgments in actions for injunction. or annulled. tenants. legatees. to satisfy the judgment. The stay of execution shall be upon such terms as to bond or otherwise as may be considered proper for the security or protection of the rights of the adverse p arty. Execution in case of death of party. (6a) SEC. with interest. recei vership. After the lapse of such time. describing it.SEC. (b) In case of the death of the judgment obligor. and the officer making the sale shal l account to the corresponding executor or administrator for any surplus in his hands. the material parts of which shall be recited in the writ of execution. and such other judgments as are now or may here after be declared to be immediately executory. The revived judgment may also be enforced by motion within five (5) years from the date of its entry and ther eafter by action before it is barred by the statute of limitations. or trustees of the judgm ent obligor. shall be enforceable after their rendition and shall not be stayed by an appeal taken therefrom. on appeal or otherwise. 7. The writ of execution shall: (1) issue in the name of the Republic of the Philippines from the court which granted the motion. and before it is barred by the statute of limitations. Issuance. the dispositive part of the subject judgment or order. the case number and t itle. or the enforcement of a lien thereon. (d) If it be for the delivery of the possession of real or personal p
. if the judgment be for the recovery of real or personal property. to satisfy the judgment. the trial cour issue such orders of restitution or reparation of damages as e may warrant under the circumstances. against his executo r or administrator or successor in interest. (c) In case of the death of the judgment obligor. on motion. accounting. and (3) require the sheriff or other proper officer to whom it is directed to enforce the writ acco rding to its terms. accounting and support. Effect of versed totally or t may. form and contents of a writ of execution. and apply the proceeds in conformity with the judgment. with interest. quity and justice reversal of executed judgment. restoring or granting the injun ction. unless otherwise ordered by the trial court. Where the executed judgment is re partially. out of the real or personal property of such judgment obligor. 6. in the manner hereinafter provided: (a) If the execution be against the property of the judgment obligor. (7a) SEC. the same may be sold for t he satisfaction of the judgment obligation. 8. (2) state the name of the court. 4. exec ution may issue or be enforced in the following manner: (a) In case of the death of the judgment obligee. (5a)
SEC. to sell such property. or award of support. On appeal therefrom. Execution by motion or by independent action. (4a) SEC. modifying. receivership. heirs. A final and executory judgme nt or order may be executed on motion within five (5) years from the date of its entry.
or if the same is not practicable. costs. debts. aside from the principal obligation under the judgment . to deliver the possession of the same. shares. if any. or profits covered by th e judgment out of the personal property of the person against whom it was render ed. The lawful fees sh all be handed under proper receipt to the executing sheriff who shall turn over the said amount within the same day to the clerk of court of the court that issu ed the writ. Execution of judgments for money. deposit said amounts to a fiduciary account in the nearest government depository bank of the. Th e judgment. the officer shall first levy on the personal properties. The latter shall turn over all the amounts coming into his posses sion within the same day to the clerk of court of the court that issued the writ . or a
. credits. rents. The clerk of said court shall thereafter arrange for the remittance of the depos it to the account of the court that issued the writ whose clerk of court shall t hen deliver said payment to the judgment obligee in satisfaction of the judgment . shall be delivered to the judgment obligor while the lawfu l fees shall be retained by the clerk of court for disposition as provided by la w. and if sufficient personal property cannot be found. then out of the real pr operty. and to satisfy any costs. The excess. 9.roperty. and (e) In all cases. For this purpose. the amount o f the judgment debt under proper receipt directly to the judgment obligee or his authorized representative if present at the time of payment. or any other form of payment acceptable to the latter. (b) Satisfaction by levy. obligor shall pay in cash. damages. The sheriff shall sell only a sufficient portion of the personal or real propert y of the judgment obligor which has been levied upon. the motion for execution shall specify the amounts of the fo regoing reliefs sought by the movant. When there is more property of the judgment obligor than is sufficient to satisf y the judgment and lawful fees. rents. If the judgment obligee or his authorized representative is not present to recei ve payment. sufficien t to satisfy the judgment. or profits due as of the date of the issuance of the writ. and then on th e real properties if the personal properties are insufficient to answer for the judgment. Real property. In no case shall the executing sheriff demand that any payment by check be ma de payable to him. and other personal property. describing it. if any. Regional Trial Court of the l ocality. how enforced (a) Immediate payment on demand. to the party enti tled thereto. certified bank check or other mode of payment accep table to the judgment obligee. If the judgment obligor does not exercise the option. the officer shall levy upon the properties of the judgment obligor of every kind and nature whatsoever which may be disposed of f or value and not otherwise exempt from execution giving the latter the option to immediately choose which property or part thereof may be levied upon. (8a) SEC. certified bank check payable to the judgm ent obligee. he must sell only so much of the personal or rea l property as is sufficient to satisfy the judgment and lawful fees. stocks. The officer shall enforce an execution of a judgment for money by demanding from the judgment obligor the immediate pa yment of the full amount stated in the writ of execution and all lawful fees. damages. the writ of execution shall specifically state the amount of the interest. If the judgment obligor cannot pay all or par t of the obligation in cash. the judgment obligor shall deliver the aforesaid payment to the exec uting sheriff.
except the lawful fees which shall be paid directly to the court. The executing sheriff shall observe the same procedure under paragraph (a) with respect to delivery of payment to the judgment obligee. and restore possession thereof to the judgment obligee. and place th e judgment obligee in possession of such property. the officer shall not destroy. (13a) (d) Removal of improvements on property subject of execution. Execution of judgments for specific act. shall have the right to indicate the garnishee or garnishees who shall be required to deliver the amount due. or other specific acts. (8a. or certified bank check issued in the name of the judgment obligee. If the judgment be for the sale of real or personal property. the court in lieu of directing a conveyance thereof ma y by an order divest the title of any party and vest it in others. 10. If a judgment directs a party to execute a conveyance of land or personal pr operty. the judgment obligor. Any costs. If not. or to perform any other specific act in connection therewith. if available. otherwise. rents or profits awarded by the judgment shall be satisfied in the same manner as a judgm ent for money. Levy shall be made by se rving notice upon the person owing such debts or having in his possession or con trol such credits to which the judgment obligor is entitled. In the event there are two or more garnishees holding deposits or credits suffic ient to satisfy the judgment. demolish or
. (c) Garnishment of debts and credits. royalties. (10a) (b) Sale of real or personal property. and the party fails to comply within the time spec ified. or to deliver deeds or other documents. shall be delivered directly to the judgment ob ligee within ten (10) working days from service of notice on said garnishee requ iring such delivery. The officer may levy on debts due the judgment obligor and other credits. damages. may be levied upon in like mann er and with like effect as under a writ of attachment. The garnishment sha ll cover only such amount as will satisfy the judgment and all lawful fees. the report shall state how much funds or credits the garnishee holds for the ju dgment obligor. The garnishee shall make a written report to the court within five (5) days from service of the notice of garnishment stating whether or n6t the judgment obligo r has sufficient funds or credits to satisfy the amount of the judgment. and employ ing such means as may be reasonably necessary to retake possession. the officer shall oust all such persons theref rom with the assistance. commissions and other personal property not capable of manual delivery in the possession or control of third parties. including bank deposits. describing it. The garnished amount in cash. which shall h ave the force and effect of a conveyance executed in due form of law. When the property subject of the execution contains improvements constructed or planted b y the judgment obligor or his agent. delivery of deeds. If real or personal property is situate d within the Philippines. vesting ti tle. The officer shall demand of the person against whom the judgment for the delivery or restitution of real property is rendered and all persons claiming rights under him to peaceably vaca te the property within three (3) working days. (8[c]a) (c) Delivery or restitution of real property.ny interest in either real or personal property. financial inte rests. and apply th e proceeds in conformity with the judgment. if necessary. the court may direct the act to be done at the cost of the disobedient pa rty by some other person appointed by the court and the act when so done shall h ave like effect as if done by the party. to sell such property. otherwise. (a) Conveyance. 15a) SEC. of appropriate peace officers. the choice shall be made by the judgment obligee.
issued upon mot ion of the judgment obligee after due hearing and after the former has failed to remove the same within a reasonable time fixed by the court. or three cows. phys icians. ex cluding jewelry. (c) Three horses. the officer shall take possession of the same and forthwith deli ver it to the party entitled thereto and satisfy any judgment for money as there in provided.remove said improvements except upon special order of the court. (j) Lettered gravestones. (f) hs. such as the judgment obligor may select necessarily used by him in his ordinary occupation. (8a) SEC. or livelihood. lawyers. the following property. or by law. or three carabaos. Property exempt from execution. clergymen. and used for that purpose by the judgment obligor and his family. (b) Ordinary tools and implements personally used by him in his trade . such as the judgm ent obligor may select. 12. to obey the same. benefits. or other beasts o f burden. subject to liens and encumbrances then existing. a certified copy of the judgment shall be attached to the writ of execution and shall be se rved by the officer upon the party against whom the same is rendered. surveyors. not exceeding three hundred thousand pesos in value. (k) Monies. (16a) SEC. employment. or annuities accruing or in any man ner growing out of any life insurance. teachers. 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. Provisions for individual or family use sufficient for four mont
(g) The professional libraries and equipment of judges. When a judgment requires the performance of any act other than those mentioned in the two preceding sections. and land necessarily used in connection therewith. wages. 11. Effect of levy on execution as to third persons. (9a) SEC. and such party or person may be punished for contempt if he disobeys such judgment. The levy on execution sh all create a lien in favor of the judgment obligee over the right. (14a) (e) Delivery of personal property. title and int erest of the judgment obligor in such property at the time of the levy. of a value not exceeding one hundred thousand pesos. pharmacists. engineers. Execution of special judgments. or upon an y other person required thereby. (h) One fishing boat and accessories not exceeding the total value of one hundred thousand pesos owned by a fisherman and by the lawful use of which he earns his livelihood. 13. (i) So much of the salaries. dentists. and no other. shall be exempt from execution: (a) The judgment obligor s family home as provided by law. (e) Household furniture and utensils necessary for house-keeping. In judgments for the delivery of per sonal property.
. and ot her professionals. (d) His necessary clothing and articles for ordinary personal use. Except as otherwise expressly provided by law. or the homes tead in which he resides. privileges.
(m) Properties specially exempted by law. The returns or periodic reports shall set forth the whole of the proceedings taken. (12a) SEC. by posting for twenty (20) days in the three (3) public places abovementioned a similar notice particularly describing the property and stating where the property is to be sold. Filipino. and shall be filed with the court and copies thereof promptly furnished the parties.000. judgment has been satisfied in part or in full. (11a) SEC. preferably in conspicuous areas of the municipal or city hall. edited and circulated or. or any pension or gratuity from the Government. Notice of sale of property on execution. the officer shall report to the court and state the reason therefor. written notice of the sale shall be given to the ju dgment obligor. or money or property obtained as such support. (18a) SEC. by p ublishing a copy of the notice once a week for two (2) consecutive weeks in one newspaper selected by raffle. by posting written notice of the time and place of the sale in three (3) public places. 16. the sale shall be held in the place where the property is l ocated. (c) In case of real property. The writ of execution shall be returnable to the court issuing it immediately after the. or any major regiona l language published. Proceedings where property claimed by third person. or its effectivity expires. Return of writ of execution. whether in English. at least three (3) days before the sale. and
. and if th e assessed value of the property exceeds fifty thousand (P50. The place of the sale may be agreed upon by the parties. notice thereof must be given as follows: (a) In case of perishable property. (b) In case of other personal property. considering the character and condition of the property. The notice shall specify the place. in the absence thereof. except as provided in p aragraph (a) hereof where notice shall be given at any time before the sale. The officer shall make a report t o the court every thirty (30) days on the proceedings taken thereon until the ju dgment is satisfied in full. by posting a similar notice i n the three (3) public places abovementioned for not less than five (5) days. for such time as may be reasona ble. in the same manner as personal service of pleadings and other papers as provided by section 6 of Rule 13. post office and public market in the munic ipality or city where the sale is to take place. If the judgment cannot be satisfied in full within thirty (30) days after his receipt of the writ.
But no article or species of property mentioned in this section shall be exempt from execution issued upon a judgment recovered for its price or upon a judgment of foreclosure of a mortgage thereon. 15. Before the sale of property on e xecution. (d) In all cases. date and exact time of the sale which should not be earlier than nine o clock in the morning and not later than two o clock in t he afternoon. the sale of real property or personal property not capa ble of manual delivery shall be held in the office of the clerk of court of the Regional Trial Court or the Municipal Trial Court which issued the writ or which was designated by the appellate court. having g eneral circulation in the province or city. If the property levie d on is claimed by any person other than the judgment obligor or his agent. Such writ shall continue in effect during the period within which the judgment may be enforced by motion. In the case of personal property capable of manual delivery. 14. In the ab sence of such agreement.00) pesos.(1) The right to receive legal support.
the same shall be determined by the court iss uing the writ of execution. to the hig hest bidder. he shall be represented by the Solicitor General and if held liabl e therefor. when a portion of such real p roperty is claimed by a third person. or any officer duly representing it. in addition to his a ctual damages. and a person willfully removing or defacing the notice posted. or removing or defacing notice. After sufficient pr operty has been sold to satisfy the execution. How property sold on execution. nor his deputies. At any time before the sale of proper ty on execution. if done before the sale. who may direct manner and order of sale . unless such judgment obligee. An of ficer selling without the notice prescribed by section 15 of this Rule shall be liable to pay punitive damages in the amount of five thousand (P5. Neither the officer conducting the execution sale. the actual damages adjudged by the court shall be paid by the Nation al Treasurer out of such funds as may be appropriated for the purpose. if present at the sale. or prevent the judgment obligee from claimin g damages in the same or a separate action against a third-party claimant who fi led a frivolous or plainly spurious claim. Nothing herein contain ed shall prevent such claimant or any third person from vindicating his claim to the property in a separate action. W hen the sale is of personal property capable of manual delivery. The officer shall not be liable for damages for the taking or keeping of the pro perty. When the sale is of real property. No claim for damages for the taking or keeping of th e property may be enforced against the bond unless the action therefor is filed within one hundred twenty (120) days from the date of the filing of the bond.such person makes an affidavit of his title thereto or right to the possession t hereof. or before the satisfaction of the j udgment if it be satisfied before the sale. When the writ of execution is issued in favor of the Republic of the Philippines .00) pesos to any person injured by reason thereof. or.000. the officer ma y again sell the property to the highest bidder and shall not be responsible for
. and serves the same upon the officer making the levy and a copy thereof upon the judgment obligee. If a purchaser refuses to pay the amount bid by him for property struck off to him at a sale under execution. The judgment obligor. when such property consists of several known lots or parcels which can be sold to advantage separa tely. files a bond approved by the court to indemnify the third-pa rty claimant in a sum not less than the value of the property levied on. All sales of property under execution must be made at public auction. the filing of such bond shall not be requ ired. (21a) SEC. Penalty for selling without notice. both to be rec overed by motion in the same action. may direct the order in which property. No sale if judgment and costs paid. consisting of sev eral known lots. to be recovered by motion in the same action.00) pesos to any person injured thereby. to any third-party claimant if such bond is filed. nor be interested directly or indirectly in any purchase at s uch sale. the judgment obligor may prevent the sale by paying the amount required by the execution and the costs that have been incurred therein. 18. the offic er shall not be bound to keep the property. in addition to his actual damages. he may require it to be sold separately. shall be sold. they must be sold separately. shall be liable to pay five thousand (P5. 19. to start at the exact time fixed in the notice. 17. real or personal. (20a) SEC. can b ecome a purchaser. stating the grounds of such right or title. Refusal of purchaser to pay.000. (17a) SEC. it must be sold within view of those attending the same and in such parcels as are likely to br ing the highest price. 20. unless otherwise directed by the judg ment or order of the court. and in case the sheriff or levying officer is sued for damages as a result of the levy. on dem and of the officer. (19a) SEC. no more shall be sold and any exc ess property or proceeds of the sale shall be promptly delivered to the judgment obligor or his authorized representative. In case of disagreement as to such value.
not capable of manual delivery. 24 and of such third-party
SEC. When the purchaser is the judgment obligee . 22. with costs. Certificate of sale where property claimed by third ty sold by virtue of a writ of execution has been claimed by certificate of sale to be issued by the sheriff pursuant to 25 of this Rule shall make express mention of the existence claim. Who may redeem real property so sold. if desired. 27. (23a) SEC. (25a) SEC. Adjournment of sale. Such certificate must be registered in the registry of deeds of the place where the property is situated. Conveyance to purchaser of personal property capable of manual delivery . the officer must give to the purchaser a certificate of sale containing: (a) (b) (c) A particular description of the real property sold. (26a) SEC. but the court may order the refusing purchaser to pay into the court the amount of such loss. When the purchaser of any personal property. When a proper a third person. 26. If it does. and may punish him for c ontempt if he disobeys the order. may be redeemed in the manner hereinafter provided. the officer making the sale must deliver the property to the p urchaser and. pays th e purchase price. he shall pay only the excess. 21. (22a) SEC. Without such agreement. he need not pay the amount of the bid if it does not exceed the amount of his judgment. the sections 23. or any part thereof sold separately. Judgment obligee as purchaser.
(d) A statement that the right of redemption expires one (1) year fro m the date of the registration of the certificate of sale. pays the purchase price. he may adjourn t he sale from day to day if it becomes necessary to do so for lack of time to com plete the sale on the day fixed in the notice or the day to which it was adjourn ed. The officer may thereafter reject any subsequent b id of such purchaser who refuses to pay. 24. (28a) person. The sale conveys to the purchaser all the rights which the judgment obligor had in s uch property as of the date of the levy on execution or preliminary attachment. the officer making the sale must execute and deliver t o the purchaser a certificate of sale. certificate thereof given to purchaser and filed with registry of deeds. (24a) SEC.any loss occasioned thereby. in which event such proceeds shall be for the ben efit of the judgment obligor. and no third-party claim has been filed. When the purchaser of any personal property. Real property sold as provided in t he last preceding section. The whole price paid by him. Upon a sale of real property. The amount of such payment shall be: for the b enefit of the person entitled to the proceeds of the execution. 25. execute and deliver to him a certificate of sale. Such certificate conveys to the purchaser all the rights which the judgment obligor had in such property as of the date o f the levy on execution or preliminary attachment. by the following persons:
. the officer may adjourn the sale to any date and time agreed upon by them. capable of manual delivery. unless the execu tion has been fully satisfied. By written consent of the judgment obligor and oblig ee. Conveyance to purchaser of personal property not capable of manual deli very. (27a) SEC. Conveyance of real property. 23. or their duly authorized representatives. The price paid for each distinct lot or parcel.
and interest on such last named amount at the same rate. be allowed and he is restored to his estate. other than the judgment under which such pu rchase was made. Written 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. together with the amount of any assessments or taxes whic h the purchaser may have paid thereon after purchase. with interest thereon. or. the property may be redeemed without paying such assessments. successive redemptions. A redemptioner must produce to the office r. and in addition. and the amount of any assessments or taxes which the l ast redemptioner may have paid thereon after redemption by him. with two per centum thereon in addition. whereupon. and as often as a redemptioner is so disposed. the amount of such other lien. or person from whom he seeks to redeem. with interest. if such notic e be not filed. or for him to the officer who made the s ale (13a) SEC. may redeem the pr operty from the purchaser. and the amount of any liens hel d by the last redemptioner prior to his own. with interest. Proof required of redemptioner. to whom payments on redemption made. at any time within one (1) year from the date of the registration of the certificate of sale. the amount of any liens held by said l ast redemptioner prior to his own. by paying the purchaser the amount of h is purchase. with two per ce ntum thereon in addition. if he redeems upon a mortgage or other lien.(a) The judgment obligor. or redemptioner. Such redeeming creditor is termed a redemption er. The payments mentioned in this and the last preceding sections may be made to the purchaser or redemptioner. The property may be again. a memorandum of the re
. (b) A creditor having a lien by virtue of an attachment. on paying the sum paid on the last previous redemption. Time and manner of and amounts payable on. and a certificate to be deliv ered and recorded thereupon. noti ce to be given and filed. and if the purchaser be also a creditor having a prior lien that of the redemptioner. certified by the clerk of the court wherein the judgment or final order is entered. notice thereof must in like ma nner be given to the officer and filed with the registry of deeds. The judgment obligor. redeemed from any previous redemptio ner within sixty (60) days after the last redemption. or his successor in interest in the whole o r any part of the property. 30. or liens. with interest on such last-named amount. no further redemption shall. and if any assess ments or taxes are paid by the redemptioner or if he has or acquires any lien ot her than that upon which the redemption was made. If the judgment obligor redeems. and serve with his notice to the offi cer a copy of the judgment or final order under which he claims the right to red eem. The person to whom the redemption payment is made must execute and deliver to him a certificate of redemption acknowledged before a notary public or other officer authorized to take acknowledgments of conveyan ces of real property. judgment or mortgage on the property sold. with interest. (30a) SEC. (29a) SEC. 28. up to t he time of redemption. he must make the same payments as are required to effect a rede mption by a redemptioner. 29. and the a mounts of any assessments or taxes which the last previous redemptioner paid aft er the redemption thereon. Property so redeemed may again be redeemed within sixty (60) days after the last redemption upon payment of the sum paid on the last redemption. and the registrar of deeds must note the record thereof on the margin of the record of the certificat e of sale. or on some part thereof. Such certificate must be filed and recorded in the registr y of deeds of the place in which the property is situated. with one per centum per month interest thereon in addition. subsequent to the lien u nder which the property was sold. ta xes. Effect of redemption by judgment obligor.
more than his proportion. (36a) SEC. fails to recover the possession thereof. earnings and income of property pending redemption. Right to contribution or reimbursement. or so much thereof as has bee n delivered to the judgment obligor. showing the amount then actually due on the lien. The judgment so revived shall have the sam e force and effect as an original judgment would have as of the date of the revi val and no more. he may c ompel a contribution from the others.cord thereof. or to make the necessary repair s to buildings thereon while he occupies the property. as in other proper cases. the last redemptioner is entitled to the conveyance and possession. or one of them pays. but in all cases the judgment obligor shall ha ve the entire period of one (1) year from the date of the registration of the sa le to redeem the property. or he may. or an original or certified c opy of any assignment necessary to establish his claim. by whom executed or given. interest and claim of the judgment obligor to the property as of the time of the levy. the purchaser is entitled to a conveyance and possession of the property. and more than a due proportion of t he judgment is satisfied out of the proceeds of the sale of the property of one of them. Rents. have the original judgment revi ved in his name for the whole price with interest. title. or his successor in interest. earnings and income derived from the property pending redemption shall belong to the judgmen t obligor until the expiration of his period of redemption. the purchaser or redemptioner s hall be substituted to and acquire all the rights. earnings and incom e of the property sold on execution. or the value of the use and occupation ther eof when such property is in the possession of a tenant. certified by the registrar of deeds. All rents. If the purc haser of real property sold on execution. (32a) SEC. or entitled to possession afterwards. or. if so redeemed whenever sixty (60 ) days have elapsed and no other redemption has been made. When property liable to an execut ion against several persons is sold thereon. 34. and in the latter case shall have the same v alidity as though the officer making the sale had continued in office and execut ed it. waste restrained. 35. The deed shall be executed by the officer making the sale or by his successor in office. on motion. o r to use it in the ordinary course of husbandry. and when a judgment is upon an obligation
. 32. and the time for redemption has expired. (34a) SEC. and notice thereof gi ven. If no redemption be made within one (1) year from the date of the registration of the certificate of sale. without a sale. 31. to continue to use it in the same manner in which it was previously used. and an affidavit execute d by him or his agent. to the property. with or without notice. he may o n motion in the same action or in a separate action recover from the judgment ob ligee the price paid. Deed and possession to be given at expiration of redemption period. or is evicted therefrom. but it is not waste for a person in possession of the property at the time of the s ale. or so much thereof as has not been delivere d to the judgment obligor. The purchaser or a redemptioner shall not be entitled to receive the rents. the court may. restrain the commission of waste on the property by injunction. revival of judgment. (33a) SEC. or because the property sold was exempt from executio n. 33. with interest. (35a) SEC. Manner of using premises pending redemption. in consequence of irre gularities in the proceedings concerning the sale. Under the expiration of the right of redemption. Until the expiration of the time allowed for redemption. The possession of the property shall be given to the purchaser or last redemptioner by the same officer unless a third party is actually holding the property adversely to the judgment obligor. during the period allowed for redempt ion. on the a pplication of the purchaser or the judgment obligee. or because a third person has vindicated his claim. or because the judgment has b een reserved or set aside. Recovery of price if sale not effective.
at a specified time and place. Examination of obligor of judgment obligor. or to answer as a witness or to subscribe his deposition. Obligor may pay execution against obligee. All examinations a nd answers before a court or commissioner must be under oath. Order for application of property and income to satisfaction of judgmen t. (41a) SEC. require such person. and upon proof to the satisfaction of th e court which issued the writ. but the proceedings may be adjourned from time to time. 37. it appears that the e arnings of the judgment obligor for his personal services are more than necessar
. as security for another. and be examined concerning the same. Examination of judgment obligor when judgment unsatisfied. the judgment obligee. it must be on the oath of an authorized officer or agent thereof. or juridical entity from the time of service. (40a) SEC. shall be entitled to an order from the court which rendered the said judgment. (37a) SEC. to be applied to the satisfaction of th e judgment. 40. But no judgment obligor shall be so required to appear before a court or commissioner outside the province or city in which such oblig or resides or is found. may be punished for contempt as in other cases. corporation. or other juridical entity. Exami nations shall not be unduly prolonged. and the court may also require notice of such proceedings to be given to any party to the action in such manne r as it may deem proper. until they are completed. he may compel repay ment from the principal. by an order. and proceedings may thereupon be had for the application of the property and income of the judgment obligor towards the satis factions of the judgment. 38. at any time after such retu rn is made. in whole or in part. upon investigation of his current income and expenses. to attend before the court or co mmissioner to testify as provided in the two preceding sections. and when a corpora tion or other juridical entity answers. 39. by an order or subpoena. either by sale of his property or before sale. subject to any prior rights over such property. in the hands of either himself or another person. in whole or in part. shows that the judgment remains uns atisfied. or money due him. or any o ne of several obligors in the same judgment. the court may. at a time and place within the province or city where such debtor res ides or is found. and the surety pays the amount. When the return of a writ of execution against the property of a judgment obligor shows that the judgment re mains unsatisfied. After a writ of execution agai nst property has been issued. (38a) SEC. corporation. to appear before the court or a commissioner appoin ted by it. or any part thereof. not exempt from execution. 36. a person indebted to the judgment obligor may pay to the sheriff holding the writ of execution the amount of his debt or so much t hereof as may be necessary to satisfy the judgment. or an y officer or member thereof. If.of one of them. and upon failur e to obey such order or subpoena or to be sworn. Enforcement of attendance and conduct of examination. The service of the order shall bind all credits due the judgment obligor and all money and property of th e judgment obligor in the possession or in the control of such person. The court may order any property of the judgment obligor. that a person. or of a corporation or other juridical entity. A party or other pe rson may be compelled. When the retur n of a writ of execution issued against property of a judgment obligor. in the manner prescribed in section 9 of this Rule and the sheriffs receipt shall be a sufficient discharge for the amount so paid or directed to be credited by the judgment obligee on the execution. corporati on. requiring such judgment obligor to appear and be examined concerning his property and income before such court or before a commissioner appointed by it. (39a) SEC. or other juridical en tity has property of such judgment obligor or is indebted to him. If the examination is before a commissi oner. he must take it in writing and certify it to the court.
by an order made to that effect. and an opportunity at the surety s request to join in the defense. and his inte rest therein can be ascertained without controversy. If it appears that a person or corporation. alleged to have property of the ju dgment obligor or to be indebted to him. 45. an admission of the satisfaction as provided in the last preceding secti on. the court may authorize. the court may order that he pay the judgment in fixed monthly installments. or upon the filing of an admission to the satisfaction of th e judgment executed and acknowledged in the same manner as a conveyance of real property by the judgment obligee or by his counsel unless a revocation of his au thority is filed. Effect of judgments or final orders . or the administration of the estate of a d eceased person. and it may also forbid a transfer or other dispositi on of. and may punish disobedience of such order as for contempt. Suc h order may be modified or vacated at any time by the court. Entry of satisfaction of judgment by clerk of court. and in the ex ecution book. and the proceedings thereon shall be approved by the court before the execution of the deed. When a judgment is rende red against a party who stands as surety for another. If it appears that the judgment obligor has an interest in real estate in the place in which proceedings are had. and such sale shall be conducted in all respects in the same manner as is provided for the sale of real estate upon execution. (46a) SEC. or otherwise than upon an execution. upon the return of a writ of execution showing the full satisfacti on of the judgment. Satisfaction of a ju dgment shall be entered by the clerk of court in the court docket. or any interference with. the judgment obligee to institute an action against such person or corp oration for the recovery of such interest or debt. forbid a transfer or other di sposition of such interest or debt within one hundred twenty (120) days from not ice of the order. (44a) SEC. (42a) SEC. 43. or i ndorse. the receiver may be ordered to sell and convey such real estate or the interest of the obligor therein.-The court may appoint a receiver of the proper ty of the judgment obligor. When principal bound by judgment against surety. may be as follows: (a) In case of a judgment or final order against a specific thing. and after notice and upon motion the court may order either the judgment obl igee or his counsel to do so. or in respect to the probate of a will. which issued it. or legal condition or status of a particular person or his relationship to another. 44. Entry of satisfaction with or without admission. or by the court in which the action is brought. or may order the entry of satisfaction to be made without such admission. the latter is also bound f rom the time that he has notice of the action or proceeding. Appointment of receiver. Whenever a judgment is s atisfied in fact. as mortgagor or mortgagee or otherwise. and upon his failure to pay any such installment wh en due without good excuse. (4 5a) SEC. the judgment obligee or his counsel must execute and acknowledge. may punish him for indirect contempt. (47a) SEC.y for the support of his family. The effect of a judgment or final o rder rendered by a court of the Philippines. Proceedings when indebtedness denied or another person claims the prope rty. 41. 47. 46. upon such terms as may be just. having jurisdiction to pronounce th e judgment or final order. or in respect to the personal. (48a) SEC. claims an interest in the property adve rse to him or denies the debt. Sale of ascertainable interest of judgment obligor in real estate. political. (43a) SEC. the judgment or fi
. 42. or upon the endorsement of such admission by the judgment obli gee or his counsel on the face of the record of the judgment. on demand of the judgment obligor. the property of the judgment obligor not exempt from execution.
Where a record on appeal is required. (n) SEC.nal order is conclusive upon the title to the thing. 48. status or relationship of the person. however. litigating for the same thing and under the same title and in the same capac ity. the judgment or final order or part thereof appealed from. having jurisdiction to render th e judgment or final order. the j udgment or final order is conclusive upon the title of the thing. 3. No motion for extension of time to file a motion for new trial or reconsideration shall be allowed. The notice of appea l shall indicate the parties to the appeal. the judgme nt or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title. The title of the case shall remain as it was in the court of origin. An appeal from a judgment or final order of a Municipa l Trial Court may be taken to the Regional Trial Court exercising jurisdiction o ver the area to which the former pertains. An appeal may be taken within fifteen (15) days after noti ce to the appellant of the judgment or final order appealed from. or which wa s actually and necessarily included therein or necessary thereto. the appellant shall file a notice of appeal and a record on appeal within thirty (30) days after notice of the judgment or final order. with respect to t he matter directly adjudged or as to any other matter that could have been raise d in relation thereto. the probate of a will or granting of letters of administration shall only be prima facie evide nce of the death of the testator or intestate. conclusive between the parties and their successors in in terest by title subsequent to the commencement of the action or special proceedi ng. (b) In other cases. How to appeal The appeal is taken by filing a notice of appeal with the co urt that rendered the judgment or final order appealed from. the judgment or final order may be repelled by evidence of a wan t of jurisdiction. the will or administration. 2. (50a)
APPEALS RULE 40 APPEAL FROM MUNICIPAL TRIAL COURTS TO THE REGIONAL TRIAL COURTS SECTION 1. is as follows: (a) In case of a judgment or final order upon a specific thing. Effect of foreign judgments or final orders. 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. Where to appeal. The period of appeal shall be interrupted by a timely motion for new trial or re consideration. and (c) In any other litigation between the same parties of their success ors in interest. (49a) SEC. but the party appealing the case shall be furthe r referred to as the appellant and the adverse party as the appellee. or the condition. collusion. or clear mista ke of law or fact. A record on appeal shall be required only in special proceedings and in other ca
. and (b) In case of a judgment or final order against a person. the judgment or final order is. want of notice to the party. In either case. (n) SEC. The effect of a judgment or final order of a tribunal of a foreign country. and state the material dates showing the timeliness of th e appeal. When to appeal. fraud.
5.ses of multiple or separate appeals. to the proper Regio nal Trial Court. it shall be the duty of the appel lant to submit a memorandum which shall briefly discuss the errors imputed to th e lower court. (n) SEC. shall b e served on the adverse party. In case of affirmance and the ground of dismissal is lack of juri sdiction over the subject matter. A copy of his letter of transmittal of the records to the appel late court shall be furnished the parties. 8. Failure of the appellant to file a memorandum shall be a ground for dismissal of the appeal. Appeal from orders dismissing case without trial. the clerk of co urt of the Regional Trial Court shall notify the parties of such fact. 4. the appellant shall pay to the clerk of the court which rendered the judgment or final order appealed from the full amount of the appellate court do cket and other lawful fees. (c) Upon the filing of the memorandum of the appellee. Proof of payment thereof shall be transmitted to the appellate court together with the original record or the record on appeal. the Regional Trial Court. Procedure in the Regional Trial Court. which he shall certify as complete. The other provisions of Rule 41 shall apply to a ppeals provided for herein insofar as they are not inconsistent with or may serv e to supplement the provisions of this Rule. Within the period for taking an appeal. as t he case may be. as th e case may be. the case shall be considered submitted for decision. If an appeal is taken from an order of the lower court dismissing the case without a trial on the merits. effect thereof. The Region al Trial Court shall decide the case on the basis of the entire record of the pr oceedings had in the court of origin and such memoranda as are filed. (n)
. (b) Within fifteen (15) days from such notice. a copy of which shall be furnished by him to the adverse party. 7. Rule 41. 9. In case of reversal. Appellate court docket and other lawful fees. Applicability of Rule 41. the case shall be remanded for further proceedi ngs. together with the t ranscripts and exhibits. (a) Upon receipt of the complete record or the record on appeal. Rule 41. Duty of the clerk of court. without prejudice to the admission of amended pl eadings and additional evidence in the interest of justice. (n) SEC. The perfection of the appeal and the effect thereof shall be governed by the provisions of section 9. if it has jurisdicti on thereover. Perfection of appeal. and the record on appeal where required. The form and contents of the record on appeal shall be as provided in section 6. Within fifteen (15) days from the perfection o f the appeal. the Regional Trial Court on appeal shall not dismiss the ca se if it has original jurisdiction thereof. (n) SEC. Copies of the notice of appeal. shall try the case on the merits as if the case was originally fil ed with it. (n) SEC. 6. but shall decide the case in accorda nce with the preceding section. (n) SEC. the clerk of court or the branch clerk of court of the lower court shall transmit the original record or the record on appeal. lack of jurisdiction. the Regional Trial Court may affirm or reverse it. W ithin fifteen (15) days from receipt of the appellant s memorandum. the appellee m ay file his memorandum. If the case was tried on the merits by the lower court without jurisdiction over the subject matter. (n) SEC. or the expiration of the period to do so.
(c) (d) An interlocutory order. and (h) An order dismissing an action without prejudice. cross-claims and third-party compla ints. In all cases where only questions of law are raised or involved. However. The appeal to the Court of Appeals in cases decide d by the Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court which rendered the judgmen t or final order appealed from and serving a copy thereof upon the adverse party . counterclaims.
In all the above instances where the judgment or final order is not appealable. An appeal may be taken from a judgment or final orde r that completely disposes of the case. Modes of appeal. the appellant shall file a no tice of appeal and a record on appeal within thirty (30) days from notice of the judgment or final order. The appeal to the Court of Appeals in cases de cided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule 42. Subject of appeal. (n) SEC. (f) An order of execution.RULE 41 APPEAL FROM THE REGIONAL TRIAL COURTS SECTION 1. 2. The appeal shall be taken within fifteen (15) days from notice of the judgment or final order ap pealed from. (c) Appeal by certiorari. an appeal in habeas corpus cases shall be tak en within forty-eight (48) hours from notice of the judgment or final order appe
. I n such cases. (n) SEC.
(b) An order denying a petition for relief or any similar motion seek ing relief from judgment. appeal in habeas corpus cases. or of a particular matter therein when d eclared by these Rules to be appealable. the appeal shall be to the Supreme Court by petition for rev iew on certiorari in accordance with Rule 45. con fession or compromise on the ground of fraud.
(e) An order denying a motion to set aside a judgment by consent. No appeal may be taken from: (a) An order denying a motion for new trial or reconsideration. 3. or any other gr ound vitiating consent. while the main case is pending. the aggrieved party may file an appropriate special civil action under Rule 65. Where a record on appeal is required. (a) Ordinary appeal. unless the court allows an appeal therefro m. Period of ordinary appeal. the record -on appeal shall be filed and served in like manner. No record on appeal shall be required except in special proceedings and other cases of multiple or separate appeals where the law or these Rules so require.
(g) A judgment or final order for or against one or more of several p arties or in separate claims. An order disallowing or dismissing an appeal. (b) Petition for review. mistake or duress.
form and contents thereof The full names of all the part ies to the proceedings shall be stated in the caption of the record on appeal an d it shall include the judgment or final order from which the appeal is taken an d. or such extension thereof as may be granted. The period of appeal shall be interrupted by a timely motion for new trial or re consideration. a statement to that effect w ill be sufficient without mentioning the names of the witnesses or the numbers o r letters of exhibits. (n) SEC. and state the material dates sho wing the timeliness of the appeal. Record on appeal. or if no time is fixed by the or der within ten (10) days from receipt thereof. may direct its amendment by th e inclusion of any omitted matters which are deemed essential to the determinati on of the issue of law or fact involved in the appeal. If an issue of fact is to be ra ised on appeal. Approval of record on appeal Upon the filing of the record on appeal for approval and if no objection is filed by the appellee within five (5) days from receipt of a copy thereof. specif y the court to which the appeal is being taken. within the time limited in the orde r. Within the period for takin g an appeal. Joint record on appeal. in their proper chronological sequence. the appellant shall pay to the clerk of the court which rendered th e judgment or final order appealed from. the appellant. If the whole testimonial and documentary evidence in the case is to be included. Where both parties are appellants. in like manner as th e original draft. 7. testimonial and documentary. If the trial court orders the amendment of the record. Proof of payment of said fees shall be transmitted to the appellate court together with the original record or the record on appea l. petitions. effect thereof A party s appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time. (6a) SEC. and the testimonial evi dence by the names of the corresponding witnesses. Notice of 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 record on appeal shall include by reference all the evidence . Appellate court docket and other lawful fees. (4a) SEC. copies of only such pleadings. taken upon the issue involved. and shall thereupon submit the redrafted record for approval. such additional matters as the court may have directed him to incorporate. The notice of appeal shall indicate the parties to the a ppeal.aled from. (7a) SEC. (8a) SEC. 5.
. shall redraft the record by inclu ding therein. 8. Every record on appeal exceeding twenty (20) pages must c ontain a subject index. 9. they may file a joint record on appeal within the time fixed by section 3 of this Rule. No motion for extension of time to file a motion for new trial or reconsideration shall be allowed. A 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 d ue time. or that fixed by the court. in chronological order. Perfection of appeal. (n) SEC. the trial court may approve it as presented or upon i ts own motion or at the instance of the appellee. the full amount of the appellate court docket and other lawful fees. upon notice to the appellee. 4. The reference shal l specify the documentary evidence by the exhibit numbers or letters by which it was identified when admitted or offered at the hearing. 6. together with such data as will show that the appeal was perfected on time. specify the judgment or final order or part thereof appealed from.
lis t of the exhibits and the pages wherein each of them appears to have been offere d and admitted or rejected by the trial court. to take such measures as may be requir ed to complete the records.
If the efforts to complete the records fail. Copies of the transcripts and certified true cop ies of the documentary evidence shall remain in the lower court for the examinat ion of the parties. and allow withdrawal of the app eal. (c) If found to be incomplete. permit appeals of indigent litigants. the court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time t o appeal of the other parties. and the ste ps taken or that could be taken to have them available. (10a) SEC. ap prove compromises. order execution pending appeal in accordance with section 2 of Rule 39. together with the proof of payment of the appellate court docket and other lawful fees. the order of approval. (11a)
. a certified true copy of the minu tes of the proceedings. he shall indicate in his letter of transmittal the exhibits or transcripts not included in the records being transm itted to the appellate court. With in thirty (30) days after perfection of all the appeals in accordance with the p receding section. Transmittal. prior to the transmittal of the original record or the record on appeal. the court may issue orders for the protection and preservation of the r ights of the parties which do not involve any matter litigated by the appeal. (12a) SEC. Transcript. it shall be the duty of the clerk of court of the lower court: (a) To verify the correctness of the original record or the record on appeal.In appeals by notice of appeal. The transcripts shall be transmit ted to the clerk of the trial court who shall thereupon arrange the same in the order in which the witnesses testified at the trial. The clerk of the trial court shall transmit to the appellate court the original record or the approved record on appeal within thirty (30) d ays from the perfection of the appeal. 12. In appeals by record on appeal. and (d) To transmit the records to the appellate court. and the original and three (3) copies of the transcripts. t he original documentary evidence referred to therein. the clerk shall immediatel y direct the stenographers concerned to attach to the record of the case five (5 ) copies of the transcripts of the testimonial evidence referred to in the recor d on appeal. (9a) SEC. the court loses jurisdiction only over the subje ct matter thereof upon the approval of the records on appeal filed in due time a nd the expiration of the time to appeal of the other parties. The stenographers concerned shall transcribe such testimonial evide nce and shall prepare and affix to their transcripts an index containing the name s of the witnesses and the pages wherein their testimonies are found. Upon the perfection of the appeal. and shall cause the pages t o be numbered consecutively. 11. availing of the authority that he or the court may e xercise for this purpose. the certificate of correctness. and to make a certification of its correctness. The clerk of court shall furnish the parties with copies of his letter of transm ittal of the records to the appellate court. 10. the reasons for their non-transmittal. as the case may be. In either case. and a. (b) To verify the completeness of the records that will be transmitte d to the appellate court. Duty of clerk of court of the lower court upon perfection of appeal.
the Court of Appeals or different divisions thereo f. or for non-payme nt of the docket and other lawful fees within the reglementary period. with the original copy intended for the court being indicated as such by the p etitioner. depositing the amount of P500. and the reasons or arguments relied upon for the allowanc e of the appeal.SEC. prosecuted manifestly for delay. the Court of Appeals.00 for costs. the requisite number of pl ain copies thereof and of the pleadings and other material portions of the recor d as would support the allegations of the petition. 2. allegedly committed by the Regional Trial Court. time for filing. (n) SEC. The Court of Appeals may require the respondent to file a comment on the petition. No further extension shall be granted except for the most com pelling reason and in no case to exceed fifteen (15) days. pay ing at the same time to the clerk of said court the corresponding docket and oth er lawful fees. he must state the status of the same. or dismiss the petition if it finds the same to be patently without merit. proof of service of the pet ition. 3. The petit ion shall be filed and served within fifteen (15) days from notice of the decisi on sought to be reviewed or of the denial of petitioner s motion for new trial or reconsideration filed in due time after judgment. withou t impleading the lower courts or judges thereof either as petitioners or respond ents. and furnishing the R egional Trial Court and the adverse party with a copy of the petition. the deposit for costs. (d) be accompanied by clearly legible duplicate originals or tr ue copies of the judgments or final orders of both lower courts. Effect of failure to comply with requirements. and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Cou rt. (b) indicate the specific material dates showing that it was filed on time . or any other tribunal or agency. A party desiring to appeal from a de cision of the Regional Trial Court rendered in the exercise of its appellate jur isdiction may file a verified petition for review with the Court of Appeals. within ten (10) days f rom notice. 4. Dismissal of appeal. and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof. Action on the petition. or different divisions thereof. not a motion to dismiss. or any other tribunal or agency. 13. certified corre ct by the clerk of court of the Regional Trial Court. (13a) RULE 42 PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS SECTION 1. Prior to the transmittal of the original record or t he record on appeal to the appellate court. he undertakes to promptly inform the aforesaid courts and other tribu nal or agency thereof within five (5) days therefrom. (n) SEC. The petition shall be filed in seven (7) legible copies . and shall (a) state the full names of the parties to the case. if there is such other action or proceeding. the issues raised. or that the questions raised therein are too unsubstantial to require consideration. How appeal taken. (n)
. (c) set forth concisely a statement of the maters involved. the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the pe tition for review. the trial court may motu proprio or on motion dismiss the appeal for having been taken out of time. (n) SEC. or both. The petitioner shall also submit together with the petition a certification unde r oath that he has not theretofore commenced any other action involving the same issues in the Supreme Court. Upon proper motion and the paym ent of the full amount of the docket and other lawful fees and the deposit for c osts before the expiration of the reglementary period. Form and contents. The failure of the petition er to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees. the specification of errors of fact or law.
permit appeals of indigent litigants. accompanied by certified true copies of such material porti ons of the record referred to therein together with other supporting papers and shall (a) state whether or not he accepts the statement of matters involved in t he petition. If the petition is given due course. Submission for decision. Land Registration Authority. and (c) state the reasons why the petition should not be given due course. Centra l Board of Assessment Appeals. the appeal is deemed perfected as to the petitioner. If upon the filing of the comment or such other pleadings as t he court may allow or require. effect thereof (a) Upon the timely filing of a petition for review and the payment o f the corresponding docket and other lawful fees. Social Security Commission. or after the expiration of the period for the fil ing thereof without such comment or pleading having been submitted. 9. A copy there of shall be served on the petitioner. (b) point out such insufficiencies or inaccuracies as he believes e xist in petitioner s statement of matters involved but without repetition. Bureau of Patents.SEC. order execution pending appeal in accordance with section 2 of Rule 39. Perfection of appeal. Scope. and allow withdrawal of the appe al. Whenever the Court of Appeals deems it necessary. (n) SEC. appro ve corn-promises. (9a. 5. 7. National Telecommunicatio
. the Regio nal Trial Court may issue orders for the protection and preservation of the righ ts of the parties which do not involve any matter litigated by the appeal. judgments. Among these agencies are the Civil Service Commission. The Regional Trial Court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the o ther parties. 6. it may order the clerk of court of the Regional Trial Court to elevate the original record of the case including the oral and documentary evidence within fifteen ( 15) days from notice. Office of the President. Securities and Exchange Commission. before the Court of Appeals gives due course to the petition. (n) RULE 43 APPEALS FROM THE COURT OF TAX APPEALS AND QUASI-JUDICIAL AGENCIES TO THE COURT O F APPEALS SECTION 1. the Court of Appeals finds prima facie that the lower court has committed an error of fact o r law that will warrant a reversal or modification of the appealed decision. Energy Regulatory Board. the law.(n) SEC. The comment of the respondent shall be filed in seven (7) legible copies. the appeal shall stay the judgment or final order unless the Court of Appeals. This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards. (n) SEC. (n) SEC. R41) (b) Except in civil cases decided under the Rule on Summary Procedure . Due course. Trademarks and Technology Transfer. 8. Elevation of record. final orders or resoluti ons of or authorized by any quasi-judicial agency in the exercise of its quasi-j udicial functions. it may accordingly give due course to the petition. Contents of comment. However. or these Rules shall provide otherwise. National El ectrification Administration. Civil Aeron autics Board. The case shall be deeme d submitted for decision upon the filing of the last pleading or memorandum requ ired by these Rules or by the court itself. the Court of Appeals may set the case for oral argument or require the parties to submit mem oranda within a period of fifteen (15) days from notice.
The petition for review shall (a) state the full names of the parties to the case. Employees Compensation Commission. Exemption from payment of docketing and other lawful fees and the deposit for costs may be granted by the Court of Appeals upon a verified motion setting forth valid grounds therefor.. Upon proper motion and the payment of the full amount of the docket fee before the expiration of the reglementary peri od. Philippine Atomic Energy Commission. the petitioner shall pay the docketing and other lawful fees and deposi t for costs within fifteen (15) days from notice of the denial.ns Commission. (2a) SEC. Rule 42. judgment. An appeal under this Rule may be taken to the Court of Ap peals within the period and in the manner herein provided. the deposit for costs. How appeal taken. (n) SEC. (n) SEC. 4. Govern ment Service Insurance System. Agricultural I nventions Board. The petition shall state the specific material dates showing that it was filed within the period fixed he rein. without impleading the court or agencies eith er as petitioners or respondents. Insurance Commission. If the Court of Appeals denies the motion. Contents of the petition. Boar d of Investments. 3. judgment. and voluntary ar bitrators authorized by law. not a motion to dismiss.00 for costs. Th e original copy of the petition intended for the Court of Appeals shall be indic ated as such by the petitioner. The appeal shall be taken within fifteen (15) days from notice of the award. Period of appeal. of law. final order or resolution. the Court of Appeals may grant an additional period of fifteen (15) days onl y within which to file the petition for review. 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 quo. Cases not covered. and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof. the petitioner shall pay to the clerk of court of the Court of Appeals the docketing and other lawful fees and deposit the sum of P500. (c) be accompanie d by a clearly legible duplicate original or a certified true copy of the award. Action on the petition. (n) SEC. or mixed questions of fact and law. 8. Only one (1) mot ion for reconsideration shall be allowed. The failure of the petition er to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees. 7. 2. final order or resolution appealed from. and (d) contain a sworn certification against forum shopping as provided in the last paragraph of section 2. or dismiss the petition if it finds the same to be patently without
. Where to appeal. Department of Agrarian Reform under Republic Act No. (n) SEC. This Rule shall not apply to judgments or final orders issued under the Labor Code of the Philippines. with proof of ser vice of a copy thereof on the adverse party and on the court or agency a quo. Construction Industry Arbitration Commission. 6657. The Court of Appeals may require the respondent to file a comment on the petition. 5. 6. whether the appeal in volves questions of fact. No further extension shall be gr anted except for the most compelling reason and in no case to exceed fifteen (15 ) days. if publication is required by law for its effectivity. or from the date of it s last publication. Upon the filing of the petition. within ten (10) days f rom notice. (n) SEC. Effect of failure to comply with requirements. proof of service of the pet ition. (b) contain a concise statement of the facts a nd issues involved and the grounds relied upon for the review. together with certified true copies of such material portions of the record referred to therein and other su pporting papers. Appeal shall be taken by filing a verified petition for review in seven (7) legible copies with the Court of Appeals. (n) SEC.
Counsel and guardians. Order of transmittal of record. but t he party appealing the case shall be further referred to as the appellant and th e adverse party as the appellee. Within fifteen (15) days from notice that the peti tion has been given due course. 13. If upon the filing of the comment or such other pleadings or documents as may be required or allowed by the Court of Appeals or upon the expi ration of the period for the filing thereof. Effect of appeal The appeal shall not stay the award. (10a) SEC. and on the basis of the petition or the records the Court of Appeals finds prima facie that the court or agency con cerned has committed errors of fact or law that would warrant reversal or modifi cation of the award. prosecuted manifestly for delay. 10. the title of the case shall remain as it was in the court of origin. the Court o f Appeals may set the case for oral argument or require the parties to submit me moranda within a period of fifteen (15) days from notice. (8a) SEC. 12. The record to be transmitted may be abridged by agreement of all parties to the proceeding. R46) SEC.merit. and proof of such service shall be filed with the Court of Appeals. with notice to the other. (2a. it shall dismiss the same. the Court of Appeals may require the court or ag ency concerned to transmit the original or a legible certified true copy of the entire record of the proceeding under review. (1a. 9. final order or resolution sought to be reviewed. R46) SEC. (n) SEC. otherwise. shall be binding on the Court of Appeals. 2. The counsel and guardians ad litem of the parties i n the court of origin shall be respectively considered as their counsel and guar dians ad litem in the Court of Appeals. 3. or that the questions raised therein are too unsubstantial to require consideration. and (b) state the re asons why the petition should be denied or dismissed. (9a) SEC. The case shall be deem ed submitted for decision upon the filing of the last pleading or memorandum req uired by these Rules or by the Court of Appeals. it may give due course to the petition. judgment. Due course. A copy thereof shall be se rved on the petitioner. Transmittal of record. In all cases appealed to the Court of Appeals under Rul e 41. T he findings of fact of the court or agency concerned. final ord er of resolution sought to be reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just. either party may file a motion with the trial court. The comment shall (a) point out insufficiencies o r inaccuracies in petitioner s statement of facts and issues. judgment. Contents of comment. for the transmittal of such record or record on appea
. when supported by substant ial evidence. not ice thereof shall be served immediately on the adverse party and filed with the court. When others appear or are appointed. The comment shall be filed within ten (10) days from notice in seven (7) 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. (n)
PROCEDURE IN THE COURT OF APPEALS RULE 44 ORDINARY APPEALED CASES SECTION 1. Title of cases. Submission for decision. (6a) SEC. If the original record or the record on ap peal is not transmitted to the Court of Appeals within thirty (30) days after th e perfection of the appeal. If the petition is given due course. The Court of Appeals may require or permit subsequent correction of or addition to the record. 11.
R46) SEC. (13a. In certiorari. Several appellants or appellees or several counsel for each party. their respective memoranda within a non-extendible period of thirty (30 ) days from receipt of the notice issued by the clerk that all the evidence. together with the proof of service of two (2) copies thereof upon the appellee. ora l and documentary. Dispensing with complete record. on its own motion or on mo tion of any of the parties. Within twenty (20) days from receipt of the appelle e s brief. R46) The failure of the appellant to file his memorandum within the period therefor m ay be a ground for dismissal of the appeal. It shall be the duty of said court to take appropriate action towards the completion of the record withi n the shortest possible time. (n) SEC. oral and documentary. (3a. the appellee shall file with the court seven (7) copies of his legibly typ ewritten. 11. prohibition. 5. (n) SEC. 10. omission or addition in the approved record on appe al shall be a ground for dismissal of the appeal. and shall issue an order explaining the reasons for such declar ation. Appellant s brief. the appellant. When ral counsel represent one appellant or appellee. (11a. the appellant may file a reply brief answering points in the appellee s b rief not covered in his main brief. R46) SEC. 9. the court. It shall be the duty of the appellant to file with the co urt. Docketing of case. ma ndamus. with proof of serv ice of two (2) copies thereof upon the appellee. the clerk o f court of the Court of Appeals shall docket the case and notify the parties the reof. is already attached to the record. in appeals by r ecord on appeal. Completion of record. there are several appellants or appellees. the parties shall file. mimeographed or printed brief. Where the record of the docketed case is incomplete. are attached to the record. (14a. (n) SEC. (4a. each counsel representing one or but not all of them shall be served with only one copy of the briefs. Where the completion of the record could not be accomplished within a sufficient period allotted for said purpose due to insuperable or extremely difficult causes. R46) Where more seve serv
. R46) SEC. quo warranto and habeas corpus cases. R46) Within ten (10) days from receipt of said notice. R46) SEC. 8. as well as the proof of payment of the docket and other lawful fees. 7. (10a. within forty-five (45) days from receipt of the notice of the clerk that al l the evidence.l. the clerk of court of the Court of Appeals shall so inform said court and recom mended to it measures necessary to complete the record. (12. 6. may declare that the record and its accompanying tra nscripts and exhibits so far available are sufficient to decide the issues raise d in the appeal. mimeographed or printed brief. with proof of service of two (2) copies thereof upon the appellant. Time of filing memoranda in special cases. (n) SEC. Any unauthorized alteration. in lieu of briefs. copies of the brief may be ed upon any of them. Appellee s brief Within forty-five (45) days from receipt of the appellant s b rief. Appellant s reply brief. 4. Upon receiving the original record or the record on app eal and the accompanying documents and exhibits transmitted by the lower court. shall file with the clerk of court seven (7) clearly legible co pies of the approved record on appeal. seven (7) copi es of his legibly typewritten.
(e) A clear and concise statement of the issues of fact or law to be submitted to the court for its judgment. in the orde r herein indicated. Contents of appellee s brief. a clear and concise statem ent of the nature of the action. text books and statutes cited with references to the pages where they are cited. R46) SEC. 14. and (c) Under the heading Argument. together with the substance of the proof relating thereto in sufficient detail to make it clearly intelligible. the following: (a) A subject index of the matter in the brief with a digest of the a rguments and page references. The appellee s brief shall contain. (c) Under the heading Statement of the Case. except for good and sufficient cause. R46) SEC. the nature of the judgment and any other matters ne cessary to an understanding of the nature of the controversy. text books and statutes cited with references to the pages where they are cited. he shall point out such insufficiencies or inaccuracie s as he believes exist in the appellant s statement of facts with references to th e pages of the record in support thereof. the appellant s arguments on each assign ment of error with page references to the record. R46
. (f) Under the heading Argument. which errors shall be separately. 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. but without repetition of matters in t he appellant s statement of facts. (b) An assignment of errors intended to be urged. the appealed ruli ngs and orders of the court. The appellant s brief shall contain. and a specification of the order or judgment
(h) In cases not brought up by record on appeal. or under the heading C ounter-Statement of Facts. (16a. as an appendix. (b) Under the heading Statement of Facts. 12. in the or der herein indicated. with page referenc es to the record. 13. and only if th e motion for extension is filed before the expiration of the time sought to be e xtended. which the appellant seeks. Extension of time for the filing of briefs will not be allowed. distinctly and concisely stated without repetition and numbered c onsecutively. (d) Under the heading Statement of Facts. (15. with page references to the record. the appellee shall set forth his argume nts in the case on each assignment of error with page references to the record. The authorities relied upon s hall 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: (g) Under the heading Relief. Contents of appellant s brief. a copy of the judgment or final order appealed fr om. a summary of the proceedings. a clear and concise statement in a narrative form of the facts admitted by both parties and of those in contr oversy.SEC. and a table of cases alphabetically arranged. the appellee shall state that he accepts the statement of facts in the appellant s brief. (17a. the appellant s brief shall contain. Extension of time for filing briefs. the following: (a) A subject index of the matter in the brief with a digest of the a rguments and page references.
5a) SEC. o r of the denial of the petitioner s motion for new trial or reconsideration filed in due time after notice of the judgment. the Supreme Court may for justifia ble reasons grant an extension of thirty (30) days only within which to file the petition. A review is not a matter of right. t he Sandiganbayan. The petition shall be filed within fifteen (15 ) days from notice of the judgment or final order or resolution appealed from. On motion duly filed and served. 2a) SEC. proof of service of petition. the petitioner shall pay the corresponding docket and other lawful fees to the clerk of court of the Supreme Court and deposit the amount o f P500.00 for costs at the time of the filing of the petition. or a certified true copy of the judgment or final order or resoluti on certified by the clerk of court of the court a quo and the requisite number o f plain copies thereof. and the reasons or arguments relied on fo r the allowance of the petition. Dismissal or denial of petition. deposit for costs. with full payment of the docket and other lawful fees and the deposit for costs befo re the expiration of the reglementary period. extension. but of sound judi
. without impleading the lower courts or judges thereof either as petitioners or respondents. (3a) SEC. 4. may file with the Supreme Court a verified petition for review on certior ari. was filed and when notice of the denial thereof was received. The petition shall raise only questions of law which must be distinctly se t forth. Time for filing. A party desiring to appeal by ce rtiorari from a judgment or final order or resolution of the Court of Appeals. 2. (2a) SEC. Proof of service of a copy thereof on the lower court concerned and on the adverse party shall be submitted together with the petition. (18. or that the questions raised therein are too unsubstantial to require consideration.) SEC. Review discretionary. with the original copy intended for the court being indicated as such by the pet itioner. Unless he has theretofore done so. 6. (c) set forth concisel y a statement of the matters involved. R46) RULE 45 APPEAL BY CERTIORARI TO THE SUPREME COURT SECTION 1. proof of service of the petition. or is prosecuted manifestly for delay. Docket and other lawful fees. if any. and shall (a) state the full name of the appealing party as the petitio ner and the adverse party as respondent. (d) be accompanied by a clearly legible duplica te original. 5. The Supreme Court may on its own initiative deny the petition on the ground that the appeal is without merit. (1a. Rule 42. when a motion for new trial or reconsideration. (1a) SEC. (b) indicate the material d ates showing when notice of the judgment or final order or resolution subject th ereof was received. he may include in his assignm ent of errors any question of law or fact that has been raised in the court belo w and which is within the issues framed by the parties. Contents of petition The petition shall be filed in eighteen (18) copies. The failure of the petitioner to comply w ith any of the foregoing requirements regarding the payment of the docket and ot her lawful fees. Filing of petition with Supreme Court. (1a. 15. and (e) contain a sworn certification against forum shopping as provided in the last paragraph of section 2.-Whether or not the appellant ha s filed a motion for new trial in the court below. and the co ntents of and the documents which should accompany the petition shall be suffici ent ground for the dismissal thereof. and such material portions of the record as would suppor t the petition. Questions that may be raised on appeal. the Regional Trial Court or other courts whenever authorized b y law. 3.
prohibition. the party instituting the action shall be called the petitioner and the opposing party the respondent. Pleadings and documents that may be required. except in criminal cases where the penalty imposed is death. or so far sanctioned such departure by a low er court. To what actions applicable. and the grounds relied upon for the relief prayed for . and for q uo warranto by Rule 66. indicate the character of the reasons which will be conside red: (a) When the court a quo has decided a question of substance. for certiorari. The following. Title of cases. the Supreme Court may require or allow the filing of such pleadings. and will be granted only when there are special and important r easons therefor. Rule applicable to both civil and criminal cases. elevation of records. and impose the corresponding sanc tions in case of non-filing or unauthorized filing of such pleadings and documen ts or noncompliance with the conditions thereof. Contents and filing of petition. wa s filed and when notice of the denial thereof was received. if any. or has decided it in a way probably no t in accord with law or with the applicable decisions of the Supreme Court. reclusion perpetua or life imprisonment.cial discretion. while neither controlling nor fully measuring t he court s discretion. Due course. or (b) When the court a quo has so far departed from the accepted and us ual course of judicial proceedings. effect of non-compliance with requireme nts. the petition shall further indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received. mandamus and quo warranto. (2a) SEC. when a motion for new trial or reconsideration. It shall be filed in seven (7) clearly legible copies together with proof of ser vice thereof on the respondent with the original copy intended for the court ind icated as such by the petitioner. Except as otherwise provided. prohibition and mandamus by Rule 65. a concise statement of the matters involved. For purposes of d etermining whether the petition should be dismissed or denied pursuant to sectio n 5 of this Rule. as to call for an exercise of the power of supervision. 3. the actions for annulment of judgment shall be gov erned by Rule 47. 7. (n) SEC. 9. the Supreme Court may require the elevation of the complete record of the case or s pecified parts thereof within fifteen (15) days from notice. sanctions. the factu al background of the case. (n) SEC. 2. (4a) SEC. (n) RULE 46 ORIGINAL CASES SECTION 1. If the petition is given due course. In all cases originally filed in the Court of Appeals. or
. (1a) SEC. This Rule shall apply to original actions for certiorari. The petition shall contain the full names and actual addresses of all the pet itioners and respondents. memoranda or documents as it may deem necessary within such periods and under s uch conditions as it may consider appropriate. The mode of appeal presc ribed in this Rule shall be applicable to both civil and criminal cases. and shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment. In actions filed under Rule 65. briefs. or where the petition is given due course under section 8 here of. resolution. not the retofore determined by the Supreme Court. order. 8.
and other documents relevant or pertinent thereto. or could have been availed of. in a motion for new trial or petition for relief.00 for costs at the time of the fil ing of the petition. may be filed only with leave
SEC. (n) SEC. When no comment is filed by any of the respondents. All other pleadings and of court. without prejudi ce to any disciplinary action which the court may take against the disobedient p arty. and if he should thereafter learn that a simil ar action or proceeding has been filed or is pending before the Supreme Court. (n) SEC. (n) dismiss the petition outright with spec the respondent to file a comment on t Only pleadings required by the court papers. 6. This Rule shall govern the annulment by the Court of Appeals of judgments or final orders and resolutions in civil actions of Regional Trial Courts for which the ordinary remedies of new trial. Effect of failure to file comment. or different divisions thereof. the court itself may conduct hearings thereon or delegate the reception of t he evidence on such issues to any of its members or to an appropriate court. (n) SEC. the case may be decided on the basis of the record. he m ust state the status of the same. age ncy or office. The annulment may be based only on the grounds of e xtrinsic fraud and lack of jurisdiction. such material portions of the record as are referred to therein. how acquired. The certification shall be accomplished by the proper clerk of court or by his duly authorized rep resentative. 4. if there is such other action or proceeding. Extrinsic fraud shall not be a valid ground if it was availed of. 7. or any other tribunal or ag ency. t he Court of Appeals. The failure of the petitioner to comply with any of the foregoing requirements s hall be sufficient ground for the dismissal of the petition. Coverage. The other requisite number of copies of the petition shall be accompanied by clearly legible plain copies of all documents attached to the original. tribunal. 2. Grounds for annulment. The court may ific reasons for such dismissal or require he same within ten (10) days from notice. Jurisdiction over person of respondent. agency or office i nvolved or by his duly authorized representative.ruling subject thereof. (n) RULE 47 ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS SECTION 1. 5. The petitioner shall also submit together with the petition a sworn certificatio n that he has not theretofore commenced any other action involving the same issu es in the Supreme Court. The court shall acqu ire 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 volu ntary submission to such jurisdiction. Action by the court. appeal. (n)
. The petitioner shall pay the corresponding docket and other lawful fees to the c lerk of court and deposit the amount of P500. or any other tribunal or agency. petition for relief or other appropriate remedies are no longer available through no fault of the p etitioner. (n) SEC. or by the proper officer of the court. the Court of Appeals or different divisions thereof. he undertakes to promptly inform the aforesaid courts and other tribunal o r agency thereof within five (5) days therefrom. shall be allowed. Determination of factual issues Whenever necessary to resolve factual issu es.
or different divisions thereof. (n) SEC. The petitioner shall also submit together with the petition affidavits of witnes ses or documents supporting the cause of action or defense and a sworn certifica tion that he has not theretofore commenced any other action involving the same i ssues in the Supreme Court. The procedure in ordinary civil cases shall be observed. where the judgment or final order or resolution is set aside on the ground of extrinsic fraud. Should the court find no substantial merit in the pet ition. the prescriptive period shall not be suspended where the extrinsic fraud is attr ibutable to the plaintiff in the original action. Should a trial be necessary. 8. h e must state the status of the same. Should prima facie merit be found in the petition. An acti on to annul a judgment or final order of a Municipal Trial Court shall be filed
. However. Period for filing action. If the questioned judgment or final order or resolution had already been execute d. Annulment of judgments or final orders of Municipal Trial Courts. The petition shall be filed in seven (7) clearly legible copies. the Court of Appeals. (n) SEC.SEC. and if based on lack of jurisdic tion. Procedure. the Court of Appeals or different divisions thereof. and if he should thereafter learn that a si milar action or proceeding has been filed or is pending before the Supreme Court . 10. he undertakes to promptly inform the aforesaid courts and other tribuna l or agency thereof within five (50 days therefrom. 3. the court may on motion order the trial court to try the case a s if a timely motion for new trial had been granted therein. (n) SEC. A certified true c opy of the judgment or final order or resolution shall be attached to the origin al copy of the petition intended for the court and indicated as such by the peti tioner. as the case may be. or any other tribunal or agency.A judgment of annulment shall set aside the question ed judgment or final order or resolution and render the same null and void. attorney s fees and other relief. together with s ufficient copies corresponding to the number of respondents. Action by the court. The action shall be commenced by filing a verified petition alleging therein with particularity the facts and the law rel ied upon for annulment. Effect of judgment. The prescriptive period for the refilin g of the aforesaid original action shall be deemed suspended from the filing of said original action until the finality of the judgment of annulment. 9. the reception of the evidence may be referred to a member of the court or a judge of a Regional Trial Court. Filing and contents of petition. (n) SEC. 7. or any other tribunal or agency. if there is such other action or proceeding. with out prejudice to the original action being refiled in the proper court. Suspension of prescriptive period. If based on extrinsic fraud. However . the court may issue such orders of restitution or other relief as justice and equity may warrant under the circumstances. before it is barred by laches or estoppel. the same may be dismissed outright with specific reasons for such dismiss al. The judgment of annulment may include the award of damag es. 4. the action must be filed within four (4) years from its discovery. (n) SEC. (n) SEC. the same shall be given due c ourse and summons shall be served on the respondent. (n) SEC. as well as those supporting the petitioner s good and subs tantial cause of action or defense. 6. Relief available. 5.
Preliminary conference. 4. (2a. R48) SEC. 3. CA Internal Rules) (n) SEC. 3. 7. Motions shall not be set for hear ing and. the stipulations and admissions made. (n) SEC. (n) The oral argument shall be limited to such matters as the court may specify in i ts order of resolution. At any time during the pendency of a case. 2. Subject to such modificat ions which may be made to prevent manifest injustice. The proceedings at such conference shall be reco rded and. (Rule 7. simplify and clarify the issues for determination. (n) RULE 48 PRELIMINARY CONFERENCE SECTION 1. or on any materia l incident in connection therewith. (b) To define. (n) SEC. the court may call the parties and their counsel to a preliminary conference. (1a. 2. the sequence of the argumentation. It shall be tr eated as an ordinary civil action and sections 2. Record of the conference. Binding effect of the results of the conference. Grounds for dismissal of appeal An appeal may be dismissed by the Court
(c) To formulate stipulations of facts and admissions of documentary exhibits. The adverse party may file objections to the moti on within five (5) days from service. and (d) To take up such other matters which may aid the court in the prom pt disposition of the case. upon the conclusion thereof. (a) To consider the possibility of an amicable settlement. a resolution shall be issued embodying al l the actions taken therein. At its own instance or upon motion of a party. except whe n the case is not allowed by law to be compromised. The duration allowed for each party. the court may hear the parties in oral argument on the merits of a case. and all other related matters shall be as directed by the court. Conduct of oral argument Unless authorized by the court. 3. only one counsel may argue for a party. any party shall satisfactorily show valid c ause why the same should not be followed.in the Regional Trial Court having jurisdiction over the former. and the issue s defined. unless the court otherwise directs. upon the expiration of which such motion s hall be deemed submitted for resolution. No hearing or oral argument for motions. R49) RULE 50 DISMISSAL OF APPEAL SECTION 1. withi n five (5) days from notice thereof. the resolution in the prec eding section shall control the subsequent proceedings in the case unless. When allowed. 8 and 9 of this Rule shall be applicable thereto. (n) RULE 49 ORAL ARGUMENT SECTION 1. or those within its appellate jurisdicti on where a motion for new trial is granted on the ground of newly discovered evi dence. no hearing or oral argument shall b e allowed in support thereof. limit the number of witnesses to be presented in cases falling within the original jurisdiction of the court.
upon the filing of t he last pleading. (d) Unauthorized alterations. When case deemed submitted for judgment. A case shall be deemed submitt ed for judgment: A. paragraphs (a). or the expiration of the period for its filing. (g) Failure of the appellant to take the necessary steps for the corr ection or completion of the record within the time limited by the court in its o rder. (3a) SEC. circulars. Thereafter. An appeal under Rule 41 taken from the Regional Trial Court to the Court of Appeals raising only que stions of law shall be dismissed. an appeal by notice of appeal instead of by petition for r eview from the appellate judgment of a Regional Trial Court shall be dismissed. Dismissal of improper appeal to the Court of Appeals. (e) Failure of the appellant to serve and file the required number of copies of his brief or memorandum within the time provided by these Rules. (c) Failure of the appellant to pay the docket and other lawful fees as provided in section 4 of Rule 41. (n) An appeal erroneously taken to the Court of Appeals shall not be transferred to the appropriate court but shall be dismissed outright. issues purely of law not being reviewable by s aid court.of Appeals. (4a) RULE 51 JUDGMENT SECTION 1. and (i) appealable. (h) Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply with orders. (d) and (f) of Rule 44. (b) Failure to file the notice of appeal or the record on appeal with in the period prescribed by these Rules. 3. or of page references to the record as required in section 13. on its own motion or on that of the appellee. Withdrawal of appeal. In ordinary appeals. 2. or directives of the court wi thout justifiable cause. (f) Absence of specific assignment of errors in the appellant s brief. brief. 2) Where such a hearing is held. Similarly. An appeal may be withdrawn as of right at any time be fore the filing of the appellee s brief. (1a) The fact that order or judgment appealed from is not
SEC. on the following grou nds: (a) Failure of the record on appeal to show on its face that the appe al was taken within the period fixed by these Rules. the withdrawal may be allowed in the discretion of the court. 1) Where no hearing on the merits of the main case is held. omissions or additions in the approved record on appeal as provided in section 4 of Rule 44. (c). upon its termination or upon the filing of the
. or memorandum required by the Rules or by the court its elf.
which may be contained in the decision or fina l resolution itself. 7. BP Blg. 3) Where a hearing on the merits of the main case is held. B.last pleading or memorandum as may be required or permitted to be filed by the c ourt. 4. (6) SEC. Quorum and voting in the court The participation of all three Justices of a division shall be necessary at the deliberation and the unanimous vote of the three Justices shall be required for the pronouncement of a judgment or final re solution. upon the filing of the last pleading required or pe rmitted to be filed by the court. a n appealed judgment may be affirmed as to some of the appellants. so far as necessar y. upon its termination or upon the filing of the last pleading or memorandum as may be required or perm itted to be filed by the court. or otherwise disturbing a judgment or order. or adopted from those set forth in the decision. In all actions or proceedings. 40. In original actions and petitions for review. 1) Where no comment is filed. By whom rendered. (2a) SEC. or the expiration of the period for its filing. together with the minutes of the delib eration. The Court of Appeals. Every decision or final resolution of the court in appeal ed cases shall clearly and distinctly state the findings of fact and the conclus ions of law on which it is based. Judgment where there are several parties. 2. and execution of the ju dgment of affirmance may be had accordingly. Form of decision. (n) SEC. The participation of all the five members of the special division shall be necessary for the deliberation required in section 2 of this Rule and the concurrence of a majority of such division sh all be required for the pronouncement of a judgment or final resolution. The court at every stage of the proceeding must disregard any erro r or defect which does not affect the substantial rights of the parties. If the three Justices do not reach a unanimous vote. forming a special division of five Justices. 2) Where no hearing is held. the Chair man of the division shall refer the case. 5. 3. the clerk shall enter the votes of the dissenting Justices in the record. as the court shall deem proper. and costs may be adjudged in such c ases. Thereafter. (3a) SEC. reverse. (Sec. or modify the judgment or final order app ealed from. modifying. or the expiration of the period for its filing. Harmless error. order. 8. and the case shall thereafter be proceeded with. upon the expiration of the period to comment. and may direct a new trial or further proceedings to be had. and reversed a s to others. 6. may affirm. 129) (n) SEC. (n) SEC. to the Presiding Justice who shall designate two Justices chosen by raf fle from among all the other members of the court to sit temporarily with them. (5a) SEC. as if separate actions had been begun and prosecuted. in the exercise of its appell ate jurisdiction. No error in either the admission or the exclusion of evide nce 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. or resolution appealed from. The judgment shall be rendered by the members of the cou rt who participated in the deliberation on the merits of the case before its ass ignment to a member for the writing of the decision. Questions that may be decided. No error which does not affect the jurisdic tion over the subject matter or the validity of the judgment appealed from or th
. Disposition of a case. un less refusal to take such action appears to the court inconsistent with substant ial justice. or the expiration of the period for its filing .
Promulgation and notice of judgment. After the judgment or final resolutio n and dissenting or separate opinions. 3. In appealed cases. At any time after the appeal from the lower court has been perfected and before the Court of Appeals loses jurisdiction over the case. Stay of execution. (n) SEC. with p roof of service on the adverse party. with a certificate that such judgment or final resolution has become f inal and executory. (n) SEC. shall oth erwise direct. 10. save as the court may pass upon plain errors and clerical errors. (n) SEC. Except where the judgment or final order or resol ution. 4. they shall be delivered for filing to the clerk who shall indicate thereo n the date of promulgation and cause true copies thereof to be served upon the p arties or their counsel. for good reasons. a party may file a motion for a new trial on the ground of newly disc
. (2a. is ordered to be immediately executory. ground. The record shall contain t he dispositive part of the judgment or final resolution and shall be signed by t he clerk.e proceedings therein will be considered unless stated in the assignment of erro rs. the j udgment or final resolution shall forthwith be entered by the clerk in the book of entries of judgments. 9. In the Court of Appeals. Period for filing. (n) RULE 52 MOTION FOR RECONSIDERATION SECTION 1. or closely related to or dependent on an assigned error and properly argued in the brief. (7a) SEC. a motion for reconsiderati on shall be resolved within ninety (90) days from.. R36) SEC. No second motion for reconsideration of a judgment or final resolution by the same party shall be entertained. together with a certified true copy of the judgment or final order to be executed. the resolution granting such motion shall be transmitted to the lower court from which the case originated. the motion for its execution may only be filed in the proper court after its entry. the date when the court decla res it submitted for resolution. Execution of judgment. The pendency of a motion for reconsideration filed on t ime and by the proper party shall stay the execution of the judgment or final re solution sought to be reconsidered unless the court. (n) SEC. A party may file a motion for reconsideration of a j udgment or final resolution within fifteen (15) days from notice thereof. Resolution of motion. 2. If no appeal or motion for new trial or reconsideration is filed within the time provided in these Rules. In original actions in the Court of Appeals. Second motion for reconsideration. (n) RULE 53 NEW TRIAL SECTION 1. or a portion thereof. Period for filing. The date when the judgment or final resolution becomes executory shall be deemed as the date of its entry. if any. where the motion for execution pending appeal is filed in the Court of Appeals at a time that it is in possession of the original record or t he record on appeal. with a directive for such co urt of origin to issue the proper writ for its enforcement. Entry of judgments and final resolutions. 11. are signed by the Justices taking part. its writ of execution shall be acco mpanied by a certified true copy of the entry of judgment or final resolution an d addressed to any appropriate officer for its enforcement.
The Court of Appeals. first par. Publication. together wit h the syllabi therefor prepared by the reporter in consultation with the writers thereof. Preparation of opinions for publication. Procedure in new trial Unless the court otherwise directs. as to the taking of furth er testimony. of BP Blg. 296) (n ) SEC. or render such other ju dgment as ought to be rendered upon such terms as it may deem just. 22a. either orally in court. which shall be reached in co nsultation before the writing of the opinion by any member of the division. the filing of vacancies occurring therein. Three members shall constitute a q uorum for the sessions of a division. General make-up of volumes. Distribution of cases among divisions. The reporter shall prepare and pu blish with each reported judgment and final resolution a concise synopsis of the facts necessary for a clear understanding of the case. Quorum of the court. 2. a motion for new trial shall be resolved within ninety (90) days from the date when the court declares it su bmitted for resolution. 6 of EO 33). and other matters relating to the business of the court. (Sec . and such rules shall continue in force until repealed or altered by it or by the Supreme Court. 129. (n) SEC. sitting en banc. 3. All the cases of the Court of Ap peals shall be allotted among the different divisions thereof for hearing and de cision. 11. Hearing and order. No. The judgments and final resolutions of the court shall be published in the Official Gazette and in the Reports officially authorized by th e court in the language in which they have been originally written. 3. and a syllabus which shall be confined to points of law. The motion shall be accompanied by affidavits showing the facts constituting the grounds therefor and the newly discovered ev idence. the names of counsel.overed evidence which could not have been discovered prior to the trial in the c ourt below by the exercise of due diligence and which is of such a character as would probably change the result. (3a) RULE 55 PUBLICATION OF JUDGMENTS AND FINAL RESOLUTIONS SECTION 1. the regular rotation of Justices among them. or may make such order. Memoranda of all other judgments and final resolutions not so publish ed shall be made by the reporter and published in the Official Gazette and the a uthorized reports. th e material and controverted points involved. Resolution of motion In the Court of Appeals. (3a ) RULE 54 INTERNAL BUSINESS SECTION 1. A majority of the actual members of the court shall c onstitute a quorum for its sessions en banc. The Court of Appeals shall consider the new evidence to gether with that adduced at the trial below. or by depositions. shall make proper orders or rule s to govern the allotment of cases among the different divisions. (1a) SEC. The affirmative votes of three members of a division shall be necessary for t he pronouncement of a judgment or final resolution. (1a) SEC. the constituti on of such divisions. 4. the procedure i n the new trial shall be the same as that granted by a Regional Trial Court. with notice to both parties. as amended by Sec. 2. R.A. and may grant or refuse a new trial . The published decisions and final resolutions
. The affirmative votes of the majority of the members present shall be necessary to pass a resolution of the court en banc . 2. (Sec. the authorities cited therein. (1a) SEC. (2a) SEC.
The appeal shall be governed by and disposed of in accordance w ith the applicable provisions of the Constitution. as amended. It shal l consist of not less than seven hundred. well bo und and numbered consecutively in the order of the volumes published. disciplinary proceedings against members of the judiciary and attorneys. and cases affecting ambassadors. (n) SEC. laws. Only petitions for certiorari. 4. prohibition. mandamus. w ith a complete alphabetical index of the subject matters of the volume.of the Supreme Court shall be called Philippine Reports. quo warranto. (Sec. while those of the Court of Appeals shall be known as the Court of Appeals Reports. Grounds for dismissal of appeal. 23a. reclusion perpetua or life imprisonment. quo warranto and habeas corpus shall be in accordance with the ap plicable provisions of the Constitution. (n) SEC. together with proof of service on all adverse parties. R. Rules 45. Each volume thereof sh all contain a table of the cases reported and the cases cited in the opinions. sections 1. and Rules 46. (n) SEC. other public mi nisters and consuls may be filed originally in the Supreme Court. an d c) Eighteen (18) clearly legible copies of the petition shall be fi led. The procedure in original cases for certiorari.
(c) Failure to pay the requisite docket fee and other lawful fees or to make a deposit for costs. laws. (n) B. subject to the following provisions: a) All references in said Rules to the Court of Appeals shall be und erstood to also apply to the Supreme Court. b) The portions of said Rules dealing strictly with and specifically intended for appealed cases in the Court of Appeals shall not be applicable. habeas corpus. 2. 52 and this Rule. and 5 to 11 of Rule 51. pages printed upon good paper. mandamus. No. 49.A. 48. 52 and this Rule. except in criminal cases where the penalty imposed is death. The proceedings for disciplinary action against members of the judiciary shall b e governed by the laws and Rules prescribed therefor. 5. Rules applicable. 48. prohibit ion. 3. The appeal may be dismissed motu proprio or on motion of the respondent on the following grounds: (a) (b) Failure to take the appeal within the reglementary period. (d) Failure to comply with the requirements regarding proof of service and cont
. Mode of appeal An appeal to the Supreme Court may be taken only by a petit ion for review on certiorari. 296) (n) PROCEDURE IN THE SUPREME COURT RULE 56 ORIGINAL AND APPEALED CASES A. Procedure. Original Cases SECTION 1. Appealed Cases SEC. 2. Original cases cognizable. and those against attorney s by Rule 139-B. 51. Lack of merit in the petition.
the judgment or order appealed from shall stand affirmed. reclusio n perpetua or life imprisonment. 6. Disposition of improper appeal. (e) Failure to comply with any circular. and The fact that the case is not appealable to the Supreme Court. Rule 122 regarding appeals in criminal cases where the penalty imposed is death. (n) SEC. An appeal by certiorari taken to the Supreme Court from the Regional Trial Court submitting issues of fact may be referred to the Court of Appeals for decision or appropriate action. the petition or motion shall be denied. or the necessary majority cannot be had.ents of and the documents which should accompany the petition. the case shall ag ain be deliberated on. Where the court en banc is equall y divided in opinion. (f) (g) Error in the choice or mode of appeal. in appealed cases. and if after such deliberation no decision is reached. an appeal taken to the Supreme Court by notice of appeal shall be dismissed. Except as provided in section 3. and on all incidental matters. Procedure if opinion is equally divided. The determination of the Supreme Court on whether or not issues of fact are involved shall be final. (n)
SEC. th e original action commenced in the court shall be dismissed. directive or order of the Supreme Court without justifiable cause. (11a)