The Lawphil Project - Arellano Law Foundation Rules 1-71 1997 RULES OF CIVIL PROCEDURE, AS AMENDED

1997 RULES OF CIVIL PROCEDURE, AS AMENDED (RULES 1-71, RULES OF COURT) EFFECTIVE JULY 1, 1997 Per Resolution of the Supreme Court in Bar Matter No. 803 Adopted in Baguio City on April 8, 1997 RULES OF COURT Pursuant to the provisions of section 5 (5) of Article VIII of the Constitution, the Supreme Court hereby adopts and promulgates the following rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged:

RULE 1 General Provisions Section 1. Title of the Rules. — These Rule shall be known and cited as the Rules of Court. (1) Section 2. In what courts applicable. — These Rules shall apply in all the courts, except as otherwise provided by the Supreme Court. (n) Section 3. Cases governed. — These Rules shall govern the procedure to be observed in actions, civil or criminal and special proceedings. (a) A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong, (1a, R2) A civil action may either be ordinary or special. Both are governed by the rules for ordinary civil actions, subject to the specific rules prescribed for a special civil action. (n) (b) A criminal action is one by which the State prosecutes a person for an act or omission punishable by law. (n) (c) A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact. (2a, R2) Section 4. In what case not applicable. — These Rules shall not apply to election cases, land registration, cadastral, naturalization and insolvency proceedings, and other cases not herein provided for, except by analogy or in a suppletory character and whenever practicable and convenient. (R143a) Section 5. Commencement of action. — A civil action is commenced by the filing of the original complaint in court. If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on the dated of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court. (6a) Section 6. Construction. — These Rules shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. (2a)

Civil Actions Ordinary Civil Actions

RULE 2

Cause of Action Section 1. Ordinary civil actions, basis of. — Every ordinary civil action must be based on a cause of action. (n) Section 2. Cause of action, defined. — A cause of action is the act or omission by which a party violates a right of another. (n) Section 3. One suit for a single cause of action. — A party may not institute more than one suit for a single cause of action. (3a) Section 4. Splitting a single cause of action; effect of. — If two or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment upon the merits in any one is available as a ground for the dismissal of the others. (4a) Section 5. Joinder of causes of action. — A party may in one pleading assert, in the alternative or otherwise, as many causes of action as he may have against an opposing party, subject to the following conditions: (a) The party joining the causes of action shall comply with the rules on joinder of parties; (b) The joinder shall not include special civil actions or actions governed by special rules; (c) Where the causes of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein; and (d) Where the claims in all the causes action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction. (5a) Section 6. Misjoinder of causes of action. — Misjoinder of causes of action is not a ground for dismissal of an action. A misjoined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded with separately. (n)

RULE 3 Parties to Civil Actions Section 1. Who may be parties; plaintiff and defendant. — Only natural or juridical persons, or entities authorized by law may be parties in a civil action. The term "plaintiff" may refer to the claiming party, the counter-claimant, the cross-claimant, or the third (fourth, etc.) — party plaintiff. The term "defendant" may refer to the original defending party, the defendant in a counter-claim, the cross-defendant, or the third (fourth, etc.) — party defendant. (1a) Section 2. Parties in interest. — A real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by law or these Rules, every action must be prosecuted or defended in the name of the real party in interest. (2a) Section 3. Representatives as parties. — Where the action is allowed to be prosecuted and defended by a representative or someone acting in a fiduciary capacity, the beneficiary shall be included in the title of the case and shall be deemed to be the real property in interest. A representative may be a trustee of an expert trust, a guardian, an executor or administrator, or a party authorized by law or these Rules. An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without joining the principal except when the contract involves things belonging to the principal. (3a) Section 4. Spouses as parties. — Husband and wife shall sue or be sued jointly, except as provided by law. (4a) Section 5. Minor or incompetent persons. — A minor or a person alleged to be incompetent, may sue or be sued with the assistance of his father, mother, guardian, or if he has none, a guardian ad litem. (5a) Section 6. Permissive joinder of parties. — All persons in whom or against whom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, may, except as otherwise provided in these Rules, join as plaintiffs or be joined as defendants in one complaint, where any question of law or fact common to all such plaintiffs or to all such defendants may arise in the action; but the court may make such orders as may be just to prevent any plaintiff or defendant from being embarrassed or put to expense in connection with any proceedings in which he may have no interest. (6n) Section 7. Compulsory joinder of indispensable parties. — Parties in interest without whom no final determination can be had of an action shall be joined either as plaintiffs or defendants. (7) Section 8. Necessary party. — A necessary party is one who is not indispensable but who ought to be joined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action. (8a)

Section 9. Non-joinder of necessary parties to be pleaded. — Whenever in any pleading in which a claim is asserted a necessary party is not joined, the pleader shall set forth his name, if known, and shall state why he is omitted. Should the court find the reason for the omission unmeritorious, it may order the inclusion of the omitted necessary party if jurisdiction over his person may be obtained. The failure to comply with the order for his inclusion, without justifiable cause, shall be deemed a waiver of the claim against such party. The non-inclusion of a necessary party does not prevent the court from proceeding in the action, and the judgment rendered therein shall be without prejudice to the rights of such necessary party. (8a, 9a) Section 10. Unwilling co-plaintiff. — If the consent of any party who should be joined as plaintiff can not be obtained, he may be made a defendant and the reason therefor shall be stated in the complaint. (10) Section 11. Misjoinder and non-joinder of parties. — Neither misjoinder nor non-joinder of parties is ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage the action and on such terms as are just. Any claim against a misjoined party may be severed and proceeded with separately. (11a) Section 12. Class suit. — When the subject matter of the controversy is one of common or general interest to many persons so numerous that it is impracticable to join all as parties, a number of them which the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all. Any party in interest shall have the right to intervene to protect his individual interest. (12a) Section 13. Alternative defendants. — Where the plaintiff is uncertain against who of several persons he is entitled to relief, he may join any or all of them as defendants in the alternative, although a right to relief against one may be inconsistent with a right of relief against the other. (13a) Section 14. Unknown identity or name of defendant. — Whenever the identity or name of a defendant is unknown, he may be sued as the unknown owner heir devisee, or by such other designation as the case may require, when his identity or true name is discovered, the pleading must be amended accordingly. (14) Section 15. Entity without juridical personality as defendant. — When two or more persons not organized as an entity with juridical personality enter into a transaction, they may be sued under the name by which they are generally or commonly known. In the answer of such defendant, the name and addresses of the persons composing said entity must all be revealed. (15a) Section 16. Death of party; duty of counsel. — Whenever a party to a pending action dies, and the claim is not thereby extinguished, it shall be the duty of his counsel to inform the court within thirty (30) days after such death of the fact thereof, and to give the name and address of his legal representative or representatives. Failure of counsel to comply with his duty shall be a ground for disciplinary action. The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs. The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice. If no legal representative is named by the counsel for the deceased party, or if the one so named shall fail to appear within the specified period, the court may order the opposing party, within a specified time to procure the appointment of an executor or administrator for the estate of the deceased and the latter shall immediately appear for and on behalf of the deceased. The court charges in procuring such appointment, if defrayed by the opposing party, may be recovered as costs. (16a, 17a) Section 17. Death or separation of a party who is a public officer. — When a public officer is a party in an action in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action may be continued and maintained by or against his successor if, within thirty (30) days after the successor takes office or such time as may be granted by the court, it is satisfactorily shown to the court by any party that there is a substantial need for continuing or maintaining it and that the successor adopts or continues or threatens to adopt or continue to adopt or continue the action of his predecessor. Before a substitution is made, the party or officer to be affected, unless expressly assenting thereto, shall be given reasonable notice of the application therefor and accorded an opportunity to be heard. (18a) Section 18. Incompetency or incapacity. — If a party becomes incompetent or incapacitated, the court, upon motion with notice, may allow the action to be continued by or against the incompetent or incapacitated person assisted by his legal guardian or guardian ad litem. (19a) Section 19. Transfer of interest. — In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. (20)

Section 20. Action and contractual money claims. — When the action is for recovery of money arising from contract, express or implied, and the defendant dies before entry of final judgment in the court in which the action was pending at the time of such death, it shall not be dismissed but shall instead be allowed to continue until entry of final judgment. A favorable judgment obtained by the plaintiff therein shall be enforced in the manner especially provided in these Rules for prosecuting claims against the estate of a deceased person. (21a) Section 21. Indigent party. — A party may be authorized to litigate his action, claim or defense as an indigent if the court, upon an ex parte application and hearing, is satisfied that the party is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family. Such authority shall include an exemption from payment of docket and other lawful fees, and of transcripts of stenographic notes which the court may order to be furnished him. The amount of the docket and other lawful fees which the indigent was exempted from paying shall be a lien on any judgment rendered in the case favorable to the indigent, unless the court otherwise provides. Any adverse party may contest the grant of such authority at any time before judgment is rendered by the trial court. If the court should determine after hearing that the party declared as an indigent is in fact a person with sufficient income or property, the proper docket and other lawful fees shall be assessed and collected by the clerk of court. If payment is not made within the time fixed by the court, execution shall issue or the payment thereof, without prejudice to such other sanctions as the court may impose. (22a) Section 22. Notice to the Solicitor General. — In any action involving the validity of any treaty, law, ordinance, executive order, presidential decree, rules or regulations, the court, in its discretion, may require the appearance of the Solicitor General who may be heard in person or a representative duly designated by him. (23a)

RULE 4 Venue of Actions Section 1. Venue of real actions. — Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated. Forcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or city wherein the real property involved, or a portion thereof, is situated. (1[a], 2[a]a) Section 2. Venue of personal actions. — All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff. (2[b]a) Section 3. Venue of actions against nonresidents. — If any of the defendants does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff, or any property of said defendant located in the Philippines, the action may be commenced and tried in the court of the place where the plaintiff resides, or where the property or any portion thereof is situated or found. (2[c]a) Section 4. When Rule not applicable. — This Rule shall not apply. (a) In those cases where a specific rule or law provides otherwise; or (b) Where the parties have validly agreed in writing before the filing of the action on the exclusive venue thereof. (3a, 5a)

RULE 5 Uniform Procedure In Trial Courts Section 1. Uniform procedure. — The procedure in the Municipal Trial Courts shall be the same as in the Regional Trial Courts, except (a) where a particular provision expressly or impliedly applies only to either of said courts, or (b) in civil cases governed by the Rule on Summary Procedure. (n) Section 2. Meaning of terms. — The term "Municipal Trial Courts" as used in these Rules shall include Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts. (1a)

— The complaint is the pleading alleging the plaintiff's cause or causes of action. estoppel. (6a) Section 7. while hypothetically admitting the material allegations in the pleading of the claimant.)—party complaint. (n) Section 3. all the new matters alleged in the answer are deemed controverted. etc. (4a) Section 5.)party complaint. Pleadings defined. except that in an original action before the Regional Trial Court. Cross-claim. — Defenses may either be negative or affirmative. with leave of court. — A counterclaim is any claim which a defending party may have against an opposing party. statute of limitations. Answer. — A third (fourth. subrogation or any other relief. etc. would nevertheless prevent or bar recovery by him. such claims shall be set forth in an amended or supplemental complaint. former recovery. if jurisdiction over them can be obtained. The affirmative defenses include fraud. file against a person not a party to the action. or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters. — An answer is a pleading in which a defending party sets forth his defenses. Complaint. Counterclaim. statute of frauds. The defenses of a party are alleged in the answer to the pleading asserting a claim against him. Defenses. A cross-claim may also be filed against an original cross-claimant. If the plaintiff wishes to interpose any claims arising out of the new matters so alleged.) — party complaint is a claim that a defending party may. etc. (fourth. Bringing new parties. or complaint-in-intervention. discharge in bankruptcy. (n) Section 8. An answer may be responded to by a reply. payment. Third. (7) Section 9. — When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross-claim. Compulsory counterclaim. being cognizable by the regular courts of justice. — A cross-claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof. — A compulsory counterclaim is one which. indemnity. release. the court shall order them to be brought in as defendants. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the crossclaimant. — The claims of a party are asserted in a complaint. Reply. cross-claim. in respect of his opponent's claim. etc. the office or function of which is to deny. The names and residences of the plaintiff and defendant must be stated in the complaint. the counter-claim may be considered compulsory regardless of the amount.Procedure In Regional Trial Courts RULE 6 Kinds Of Pleadings Section 1. (n) Section 10. (5a) Section 6. Counter-counterclaims and counter-crossclaims. and any other matter by way of confession and avoidance.) — party defendant for contribution. third (fourth. — Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment. Pleadings allowed. (14) . (3a) Section 4. (12a) Section 12. (1a) Section 2. (b) An affirmative defense is an allegation of a new matter which. arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. called the third (fourth. — A counter-claim may be asserted against an original counterclaimant. counterclaim. illegality. — A reply is a pleading. If a party does not file such reply. (a) A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action. (11) Section 11.

(n) Section 3. — The caption sets forth the name of the court. — Every pleading must be signed by the party or counsel representing him. the title of the action. Certification against forum shopping.) — party plaintiff may have against the original plaintiff's claim. allow such deficiency to be remedied if it shall appear that the same was due to mere inadvertence and not intended for delay. they shall be prefaced by the words "answer to the first cause of action" or "answer to the second cause of action" and so on. — The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief. R6) (d) Date. Their respective participation in the case shall be indicated. The signature of counsel constitutes a certificate by him that he has read the pleading. — The pleading shall specify the relief sought. The title of the action indicates the names of the parties. When one or more paragraphs in the answer are addressed to one of several causes of action in the complaint. and that it is not interposed for delay. — When two or more causes of action are joined the statement of the first shall be prefaced by the words "first cause of action. the court may. he may also assert a counterclaim against the original plaintiff in respect of the latter's claim against the third-party plaintiff. and so on for the others. and when one or more paragraphs of the answer are addressed to several causes of action. to the best of his knowledge. or alleges scandalous or indecent matter therein. stating in either case his address which should not be a post office box. An unsigned pleading produces no legal effect. or upon "knowledge. Caption. A pleading required to be verified which contains a verification based on "information and belief". In proper cases. counterclaims or cross-claims. . no such other action or claim is pending therein. and the date of the pleading. or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court. Verification. in its discretion. (3a. (3a) (b) Headings. it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties. that to the best of his knowledge. 2a) Section 2. he shall report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed. a complete statement of the present status thereof. or fails promptly report to the court a change of his address. including such defenses that the third (fourth. and (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending. — A third (fourth. but in subsequent pleadings. and belief there is good ground to support it. shall be subject to appropriate disciplinary action. (b) if there is such other pending action or claim. Signature and address. — The allegations in the body of a pleading shall be divided into paragraphs so numbered to be readily identified. A paragraph may be referred to by its number in all succeeding pleadings.) — party defendant may allege in his answer his defenses. The body. the allegations of the party's claims or defenses. — Except when otherwise specifically required by law or rule.(5a) A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his knowledge and belief. Counsel who deliberately files an unsigned pleading. — The body of the pleading sets fourth its designation. They shall all be named in the original complaint or petition. etc. (5a) Section 4. each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience. or signs a pleading in violation of this Rule. — Every pleading shall be dated. verified or accompanied by affidavit . tribunal or quasi-judicial agency and. shall be treated as an unsigned pleading. (1a. However. the relief prayed for. and the docket number if assigned.)—party complaint. etc. Answer to third (fourth. information and belief". or lacks a proper verification. (n) RULE 7 Parts of a Pleading Section 1. information. but it may add a general prayer for such further or other relief as may be deemed just or equitable. pleadings need not be under oath. (6a) Section 5. (4) (c) Relief.Section 13.'' of the second by "second cause of action". they shall be prefaced by words to that effect. (n) (a) Paragraphs. etc.

(n) Section 2. — Whenever an action or defense is based upon a written instrument or document. whenever practicable. judicial or quasi-judicial tribunal. the genuineness and due execution of the instrument shall be deemed admitted unless the adverse party. (10a) Section 11. — When an action or defense is founded upon a written instrument. it is sufficient to aver that the document was issued or the act done in compliance with law. the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt. Capacity. The submission of a false certification or non-compliance with any of the undertakings therein shall constitute indirect contempt of court. Specific denial. the pertinent provisions thereof and their applicability to him shall be clearly and concisely stated. R9) Section 12. or of a board or officer. (n) RULE 8 Manner of Making Allegations in Pleadings Section 1. or said copy may with like effect be set forth in the pleading. shall set forth the substance of the matters upon which he relies to support his denial. but the requirement of an oath does not apply when the adverse party does not appear to be a party to the instrument or when compliance with an order for an inspection of the original instrument is refused. he shall so state. In general. Conditions precedent. — A defendant must specify each material allegation of fact the truth of which he does not admit and. Where a defendant desires to deny only a part of an averment. (2) Section 3. Malice. A party desiring to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued in a representative capacity. must be averred. the substance of such instrument or document shall be set forth in the pleading. mistake. (6) Section 7. — In pleading a judgment or decision of a domestic or foreign court. or other condition of the mind of a person may be averred generally. and sets forth what he claims to be the facts. Action or defense based on document. as well as a cause for administrative sanctions. — A party may set forth two or more statements of a claim or defense alternatively or hypothetically. concise and direct statement of the ultimate facts on which the party pleading relies for his claim or defense.(5a) Section 6. — In pleading an official document or official act. (1a. and the original or a copy thereof shall be attached to the pleading as an exhibit. Allegations of usury in a complaint to recover usurious interest are deemed admitted if not denied under oath. shall do so by specific denial. which shall include such supporting particulars as are peculiarly within the pleader's knowledge. Where a defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment made to the complaint. When two or more statements are made in the alternative and one of them if made independently would be sufficient. under oath specifically denies them. Alternative causes of action or defenses. and this shall have the effect of a denial. — Every pleading shall contain in a methodical and logical form. either in one cause of action or defense or in separate causes of action or defenses. — In all averments of fraud or mistake the circumstances constituting fraud or mistake must be stated with particularity. (1) If a defense relied on is based on law. without prejudice to the corresponding administrative and criminal actions. (4) Section 5. (8a) Section 9. Fraud. Allegations not specifically denied deemed admitted. shall be deemed admitted when not specifically denied. the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. (3) Section 4. (9) Section 10. intent. Official document or act.Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case without prejudice. unless otherwise provided. — In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient. knowledge. condition of the mind. . Striking out of pleading or matter contained therein. it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it. a plain. omitting the statement of mere evidentiary facts. he shall specify so much of it as is true and material and shall deny only the remainder. — Facts showing the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of person that is made a party. Judgment. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping. — Material averment in the complaint. — Upon motion made by a party before responding to a pleading or. as the case may be. other than those as to the amount of unliquidated damages. (7) Section 8. How to contest such documents. which shall be deemed to be a part of the pleading. copied in or attached to the corresponding pleading as provided in the preceding section. upon motion and after hearing.

declare the defending party in default. or upon the court's own initiative at any time. immaterial. (d) Extent of relief to be awarded. R18) (b) Relief from order of default. that there is another action pending between the same parties for the same cause. Amendments in general. Defenses and objections not pleaded. (2a. or by correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect. or cross-claim. (3a) Section 4. impertinent. R18) (a) Effect of order of default. the court shall try the case against all upon the answers thus filed and render judgment upon the evidence presented. — If the defending party fails to answer within the time allowed therefor. to intervene for the State in order to see to it that the evidence submitted is not fabricated. some of whom answer and the others fail to do so. (5a. But such leave may be refused if it appears to the court that the motion was made with intent to delay. or that the action is barred by a prior judgment or by statute of limitations. — A compulsory counterclaim. — Except as provided in the next preceding section. — A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily corrected by the court at any stage of the action. — A judgment rendered against a party in default shall not exceed the amount or be different in kind from that prayed for nor award unliquidated damages. However. and proof of such failure. — If the defending party in an action for annulment or declaration of nullity of marriage or for legal separation fails to answer. Default. without regard to technicalities. the court shall proceed to render judgment granting the claimant such relief as his pleading may warrant. at its initiative or on motion. Amendments by leave of court. — A party may amend his pleading once as a matter of right at any time before a responsive pleading is served or. (6a. declaration of. R18). (1a. Amendments as a matter of right. Such reception of evidence may be delegated to the clerk of court. R18) (c) Effect of partial default. Thereupon. — Pleadings may be amended by adding or striking out an allegation or the name of any party. accident. in the case of a reply. upon motion made by a party within twenty (20) days after the service of the pleading upon him. at any time within ten (10) days after it is served. (4a) Section 3. and if there is no collusion. unless the court in its discretion requires the claimant to submit evidence. (3a. R18) RULE 10 Amended and Supplemental Pleadings Section 1. Compulsory counterclaim. the court shall dismiss the claim. the court shall order the prosecuting attorney to investigate whether or not a collusion between the parties exists. R18). or scandalous matter be stricken out therefrom. the court may order any pleading to be stricken out or that any sham or false. (4a. (5. substantial amendments may be made only upon leave of court. In such case. (2a) Section 3. Formal amendments. provided no prejudice is caused thereby . mistake or excusable negligence and that he has a meritorious defense. — Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived. not set up barred. and after notice to the adverse party. (2a) Section 2. upon motion of the claiming party with notice to the defending party.if no responsive pleading is permitted by these Rules. — When a pleading asserting a claim states a common cause of action against several defending parties. (1) Section 2. when it appears from the pleadings or the evidence on record that the court has no jurisdiction over the subject matter. not set up shall be barred. R9) RULE 9 Effect of Failure to Plead Section 1. — A party in default shall be entitled to notice of subsequent proceedings but not to take part in the trial. so that the actual merits of the controversy may speedily be determined. redundant. and in the most expeditious and inexpensive manner. the order of default may be set aside on such terms and conditions as the judge may impose in the interest of justice. or a cross-claim. — A party declared in default may at any time after notice thereof and before judgment file a motion under oath to set aside the order of default upon proper showing that his failure to answer was due to fraud. (e) Where no defaults allowed. and an opportunity to be heard. the court shall. Orders of the court upon the matters provided in this section shall be made upon motion filed in court.

he may. and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived. be presented as a counterclaim or a cross-claim by supplemental pleading before judgment. — Where the defendant is a foreign private juridical entity and service of summons is made on the government official designated by law to receive the same. This Rule shall apply to the answer to an amended counterclaim. shall be filed. etc. which shall be indicated by appropriate marks. — A reply may be filed within ten (10) days from service of the pleading responded to. amended cross-claim. Supplemental pleadings. (la) Section 2. amended third (fourth. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time. An answer earlier filed may serve as the answer to the amended complaint if no new answer is filed. admissions in superseded pleadings may be received in evidence against the pleader. — A supplemental complaint may be answered within ten (10) days from notice of the order admitting the same. Existing counterclaim or cross-claim. — A counterclaim or cross-claim must be answered within ten (10) days from service. inadvertence. the defendant shall answer the amended complaint within ten (l0) days from notice of the order admitting the same. (3a) Section 4. Answer to the complaint. Answer to supplemental complain. occurrences or events which have happened since the date of the pleading sought to be supplemented.to the adverse party. Where its filing is not a matter of right. (4a) Section 5. etc. the court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. Counterclaim or cross-claim arising after answer. R6) Section 9. (6a) Section 7. The answer to the complaint shall serve as the answer to the supplemental complaint if no new or supplemental answer is filed. (5a) Section 6. Reply. — An amended pleading supersedes the pleading that it amends. (9. The court may grant a continuance to enable the amendment to be made. Answer to third (fourth. (8a. or when justice requires.)—party complaint. Filing of amended pleadings. (5a) Section 6. upon reasonable notice and upon such terms as are just. — A counterclaim or a cross-claim which either matured or was acquired by a party after serving his pleading may. — When issues not raised by the pleadings are tried with the express or implied consent of the parties they shall be treated in all respects as if they had been raised in the pleadings. (n) RULE 11 When to File Responsive Pleadings Section 1. However. (n) Section 8. a new copy of the entire pleading. — When any pleading is amended. — When the plaintiff files an amended complaint as a matter of right. etc. unless a different period is fixed by the court. (2a) Section 3. (3. permit him to serve a supplemental pleading setting forth transactions. Effect of amended pleadings. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings. incorporating the amendments. but failure to amend does not effect the result of the trial of these issues. and amended complaint-in-intervention. even after judgment. The adverse party may plead thereto within ten (10) days from notice of the order admitting the supplemental pleading. the answer shall be filed within thirty (30) days after receipt of summons by such entity. — Upon motion of a party the court may. — A compulsory counterclaim or a cross-claim that a defending party has at the time he files his answer shall be contained therein.)-party complaint. unless a different period is fixed by the court. (4) Section 5. by leave of court. or excusable neglect. (6) Section 7. the defendant shall answer the same within fifteen (15) days after being served with a copy thereof. Answer of a defendant foreign private juridical entity. R6) Section 10. — When a pleader fails to set up a counterclaim or a cross-claim through oversight.)—party complaint shall be governed by the same rule as the answer to the complaint. Answer to counterclaim or cross-claim. Answer to amended complaint. R9) . set up the counterclaim or crossclaim by amendment before judgment. (7a) Section 8. — The time to answer a third (fourth. with the permission of the court. Amendment to conform to or authorize presentation of evidence. Omitted counterclaim or cross-claim. — The defendant shall file his answer to the complaint within fifteen (15) days after service of summons.

Personal service. (1[c]a) Section 5. — Upon the filing of the motion. Manner of filing. appearance. Modes of service. the clerk of court shall endorse on the pleading the date and hour of filing. which shall not be less than five (5) days in any event. Filing and service. — Upon motion and on such terms as may be just. and the details desired. judgments and all other papers shall be made by presenting the original copies thereof. The court may also. written motion. Coverage. the compliance therewith must be effected within ten (10) days from notice of the order. notices. (2a) Section 3. If no person is found in his office. the motion must be filed within ten (10) days from service thereof. In the second case. the clerk of court must immediately bring it to the attention of the court which may either deny or grant it outright. motions. as shown by the post office stamp on the envelope or the registry receipt. Papers required to be filed and served. demand. Effect of non-compliance. or allow the parties the opportunity to be heard. personally to the clerk of court or by sending them by registered mail. If any party has appeared by counsel. — If the motion is granted. then by leaving the copy. payment. the court may order the striking out of the pleading or the portions thereof to which the order was directed or make such other order as it deems just. or by leaving it in his office with his clerk or with a person having charge thereof. either in whole or in part. — If the order is not obeyed. (n) Section 2. — Service of pleadings motions. — A bill of particulars becomes part of the pleading for which it is intended. pleadings. or he has no office. defined. Compliance with order. plainly indicated as such. — Service of the papers may be made by delivering personally a copy to the party or his counsel. shall be considered as the date of their filing. the moving party may file his responsive pleading within the period to which he was entitled at the time of filing his motion. Action by the court. upon like terms. at the party's . (1a) Section 4. between the hours of eight in the morning and six in the evening. notice. unless service upon the party himself is ordered by the court. (1[a]a) RULE 13 Filing and Service of Pleadings. unless a different period is fixed by the court. Extension of time to plead. judgments and other papers shall be made either personally or by mail. order. except those for which a different mode of service is prescribed. (n) Section 4. Judgments and Other Papers Section 1. the paragraphs wherein they are contained.Section 11. Stay of period to file responsive pleading. Service is the act of providing a party with a copy of the pleading or paper concerned. or his office is not known. or deposit in court. and served upon the parties affected. Such motion shall point out the defects complained of. a party may move for a definite statement or for a bill of particulars of any matter which is not averted with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading. or any other papers or payments or deposits. purpose. Where one counsel appears for several parties. When applied for. resolution. (2a) Section 5. (n) Section 3. (1a) Section 2. or after notice of denial of his motion. he shall only be entitled to one copy of any paper served upon him by the opposite side. as well as the service thereof. Bill a part of pleading. — After service of the bill of particulars or of a more definite pleading. notices. the date of the mailing of motions. — Filing is the act of presenting the pleading or other paper to the clerk of court. — This Rule shall govern the filing of all pleadings and other papers. orders. serving a copy thereof on the adverse party. the court may extend the time to plead provided in these Rules. service upon him shall be made upon his counsel or one of them. — Every judgment. appearances. (3a) Section 6. or in case of insufficient compliance therewith. If the pleading is a reply. In the first case. offer of judgment or similar papers shall be filed with the court. (7) RULE 12 Bill of Particulars Section 1. The bill of particulars or a more definite statement ordered by the court may be filed either in a separate or in an amended pleading. (1[b]a) Section 6. pleading subsequent to the complaint. — Before responding to a pleading. — The filing of pleadings. allow an answer or other pleading to be filed after the time fixed by these Rules. orders. The envelope shall be attached to the record of the case.

If no registry service is available in the locality of either the senders or the addressee. or in lieu thereof the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the addressee. service may be done by ordinary mail. — The filing of a pleading or paper shall be proved by its existence in the record of the case. with postage fully prepaid. (24a. orders and other papers cannot be made under the two preceding sections. the plaintiff and the defendant. by the registry receipt and by the affidavit of the person who did the mailing. or after five (5) days from the date he received the first notice of the postmaster. notices. and only of its pendency against the parties designated by their real names. — Proof of personal service shall consist of a written admission of the party served. A violation of this Rule may be cause to consider the paper as not filed. the clerk of court shall forthwith issue the corresponding summons to the defendants. Service by mail. — If service of pleadings. Service by registered mail is complete upon actual receipt by the addressee. with proof of failure of both personal service and service by mail. whichever date is earlier. . (8a) Section 11. unless the court otherwise provides. the service and filing of pleadings and other papers shall be done personally. — The summons shall be directed to the defendant. place and manner of service. with a person of sufficient age and discretion then residing therein. with postage fully prepaid. 803. — Judgments. (7a) Section 10. containing a full statement of the date and place of depositing the mail in the post office in a sealed envelope addressed to the court. (b) a direction that the defendant answer within the time fixed by these Rules. and a description of the property in that province affected thereby. 17 February 1998) Section 8. or that it is not necessary to protect the rights of the rights of the party who caused it to be recorded. final orders. Priorities in modes of service and filing. Completeness of service. Bar Matter No. Contents. and with instructions to the postmaster to return the mail to the sender after ten (10) days if undelivered. (1a) Section 2. (n) Section 12. — Personal service is complete upon actual delivery.or counsel's residence. Notice of lis pendens. The service is complete at the time of such delivery. If service is made by registered mail. If it is not in the record. Service of judgments. — In an action affecting the title or the right of possession of real property. Service by ordinary mail is complete upon the expiration of ten (10) days after mailing. resolutions. The notice of lis pendens hereinabove mentioned may be cancelled only upon order of the court. a resort to other modes must be accompanied by a written explanation why the service or filing was not done personally. motions. or the official return of the server. but is claimed to have been filed personally. final orders or resolutions against him shall be served upon him also by publication at the expense of the prevailing party. if known. plainly addressed to the party or his counsel at his office. may record in the office of the registry of deeds of the province in which the property is situated notice of the pendency of the action. (10a) Section 14. or the affidavit of the party serving. if known. The registry return card shall be filed immediately upon its receipt by the sender. R-14) RULE 14 Summons Section 1. proof shall be made by such affidavit and the registry receipt issued by the mailing office. containing a full statement of the date. final orders or resolutions shall be served either personally or by registered mail. after proper showing that the notice is for the purpose of molesting the adverse party. be deemed to have constructive notice of the pendency of the action. — Service by registered mail shall be made by depositing the copy in the post office in a sealed envelope. (4a) Section 7. otherwise at his residence. — Whenever practicable. If the service is by ordinary mail. if known. Only from the time of filing such notice for record shall a purchaser. (c) a notice that unless the defendant so answers plaintiff will take judgment by default and may be granted the relief applied for. — Upon the filing of the complaint and the payment of the requisite legal fees. (n) Section 13. proof thereof shall consist of an affidavit of the person mailing of facts showing compliance with section 7 of this Rule. When a party summoned by publication has failed to appear in the action. the filing shall be proved by the written or stamped acknowledgment of its filing by the clerk of court on a copy of the same. and with instructions to the postmaster to return the mail to the sender after ten (10) days if not delivered. Except with respect to papers emanating from the court. Proof of filing. or encumbrancer of the property affected thereby. Substituted service. or resolutions. when affirmative relief is claimed in his answer. the office and place of residence of the party or his counsel being unknown. (6a) Section 9. Proof of Service. (5a. signed by the clerk of court under seal and contain (a) the name of the court and the names of the parties to the action. if filed by registered mail. service may be made by delivering the copy to the clerk of court. Clerk to issue summons. judgments. Said notice shall contain the names of the parties and the object of the action or defense.

or other proper court officer. and the action affects the personal status of the plaintiff or relates to. (l0a. — When the defendant is a minor. in which the defendant has or claims a lien or interest. if there be no such agent. be also effected out of the Philippines. Extraterritorial service. or. (12a) Section 10. service may be effected upon all the defendants by serving upon any one of them. on the government official designated by law to that effect. by leave of court. — When the defendant is a prisoner confined in a jail or institution. Service upon domestic private juridical entity. Service upon minors and incompetents. service shall be made upon him personally and on his legal guardian if he has one. within five (5) days therefrom. in excluding the defendant from any interest therein. (5a) Section 4. Service upon prisoners. — When the defendant is the Republic of the Philippines. the defendant cannot be served within a reasonable time as provided in the preceding section. but who is temporarily out of it. or on any of its officers or agents within the Philippines. on demand of the plaintiff. service may be made on its resident agent designated in accordance with law for that purpose. or (b) by leaving the copies at defendant's office or regular place of business with some competent person in charge thereof. (13a) Section 12. or for justifiable reasons by any suitable person authorized by the court issuing the summons. — Whenever practicable. — If a summons is returned without being served on any or all of the defendants. shall be attached to the original and each copy of the summons. or the subject of which is. the summons shall be served by handling a copy thereof to the defendant in person. upon due notice. managing partner. Residents temporarily out of the Philippines. corporate secretary. treasurer. stating the reasons for the failure of service. Substituted service. or in-house counsel. or upon the person in charge of the office or place of business maintained in such name. the server shall. general manager. service shall be effected upon him by the officer having the management of such jail or institution who is deemed deputized as a special sheriff for said purpose. Service upon entity without juridical personality. Return. Service upon defendant whose identity or whereabouts are unknown. (4a) Section 6. Service upon public corporations. (15) Section 14. serve a copy of the return. or. 11a) Section 11. — If. actual or contingent. (14a) Section 13. his deputy. in which case a copy of the summons and order of the court shall be sent by registered mail to the last known address of the defendant. (3a) Section 3. — The summons may be served by the sheriff. In such a case. or in which the relief demanded consists. service may be effected on its executive head.A copy of the complaint and order for appointment of guardian ad litem if any. Issuance of alias summons. Service in person on defendant. — When persons associated in an entity without juridical personality are sued under the name by which they are generally or commonly known. which shall not be less than sixty (60) days after notice. within five (5) days therefrom. by leave of court. insane or otherwise an incompetent. for justifiable causes. property within the Philippines. the clerk. — In any action where the defendant is designated as an unknown owner. But such service shall not bind individually any person whose connection with the entity has. the server shall also serve a copy of the return on the plaintiff's counsel. — When any action is commenced against a defendant who ordinarily resides within the Philippines. service may. or in any other manner the court may deem sufficient. Any order granting such leave shall specify a reasonable time. been severed before the action was brought. accompanied by proof of service. — When the defendant is a corporation. or like public corporations. may issue an alias summons. within which the defendant must answer. be effected out of the Philippines by personal service as under section 6. city or municipality. or the like. as under the preceding section. or the property of the defendant has been attached within the Philippines. service may be effected (a) by leaving copies of the summons at the defendant's residence with some person of suitable age and discretion then residing therein. to the plaintiff's counsel. if he refuses to receive and sign for it. or if the summons has been lost. service may. be effected upon him by publication in a newspaper of general circulation and in such places and for such time as the court may order. (6a) Section 5. or by publication in a newspaper of general circulation in such places and for such time as the court may order. (16a) Section 15. (18a) . service may. (17a) Section 16. — When the service has been completed. (7a) Section 7. Service upon foreign private juridical entities. or whenever his whereabouts are unknown and cannot be ascertained by diligent inquiry. or on such other officer or officers as the law or the court may direct. — When the defendant is a foreign private juridical entity which has transacted business in the Philippines. by leave of court. service may also be made on his father or mother. service may be effected on the Solicitor General. (9a) Section 9. In the case of a minor. or if none his guardian ad litem whose appointment shall be applied for by the plaintiff. service may be made on the president. who issued it. By whom served. personally or by registered mail. in case of a province. by tendering it to him. wholly or in part. (8a) Section 8. partnership or association organized under the laws of the Philippines with a juridical personality. — When the defendant does not reside and is not found in the Philippines. and shall return the summons to the clerk.

Motions must be in writings. (9a) RULE 16 Motion to Dismiss Section 1. (20) Section 19. Voluntary appearance. (2a) Section 3. business or advertising manager.Section 17. in the afternoon of the next working day. (1a) Section 2. — All motions shall be in writing except those made in open court or in the course of a hearing or trial. service may be proved by the affidavit of the printer. — Any application to the court under this Rule for leave to effect service in any manner for which leave of court is necessary shall be made by motion in writing. order. or if Friday is a non-working day. — The notice of hearing shall be addressed to all parties concerned. Omnibus motion. supported by affidavit of the plaintiff or some person on his behalf. Proof of service by publication. Proof of service. (4a) Section 5. and all objections not so included shall be deemed waived. (8a) Section 9. unless the court for good cause sets the hearing on shorter notice. directed to the defendant by registered mail to his last known address. to which affidavit a copy of the publication shall be attached and by an affidavit showing the deposit of a copy of the summons and order for publication in the post office. — Except for motions which the court may act upon without prejudicing the rights of the adverse party. designation. Proof of service necessary. Motion for leave. shall be accompanied by supporting affidavits and other papers. — The Rules applicable to pleadings shall apply to written motions so far as concerns caption. Form. (6a) Section 7. Motion day. or proceeding shall include all objections then available. his foreman or principal clerk. — The defendant's voluntary appearance in the action shall be equivalent to service of summons. (23a) RULE 15 Motions Section 1. — Except for motions requiring immediate action. — The proof of service of a summons shall be made in writing by the server and shall set forth the manner. (n) Section 10. (19) Section 18. . setting forth the grounds for the application. (7a) Section 8. shall specify any papers which have been served with the process and the name of the person who received the same. a motion attacking a pleading. judgment. The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance. (3a) Section 4. postage prepaid. and date of service. — A motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought to be admitted. — A motion is an application for relief other than by a pleading. and other matters of form. and shall be sworn to when made by a person other than a sheriff or his deputy. a motion to dismiss may be made on any of the following grounds: (a) That the court has no jurisdiction over the person of the defending party. Contents. signature. — Within the time for but before filing the answer to the complaint or pleading asserting a claim. Motion defined. Notice of hearing. place. or of the editor. — No written motion set for hearing shall be acted upon by the court without proof of service thereof. — Subject to the provisions of section 1 of Rule 9. — A motion shall state the relief sought to be obtained and the grounds upon which it is based. Grounds. (5a) Section 6. Leave of court. Every written motion required to be heard and the notice of the hearing thereof shall be served in such a manner as to ensure its receipt by the other party at least three (3) days before the date of hearing. and if required by these Rules or necessary to prove facts alleged therein. every written motion shall be set for hearing by the applicant. and shall specify the time and date of the hearing which must not be later than ten (10) days after the filing of the motion. Hearing of motion. (21) Section 20. — If the service has been made by publication. all motions shall be scheduled for hearing on Friday afternoons.

(2a) Section 3. — After the hearing. he shall file his answer within the period prescribed by Rule 11 counted from service of the amended pleading. — If the motion is denied. the dismissal shall be limited to the complaint. — If no motion to dismiss has been filed. in the discretion of the court. or order the amendment of the pleading. (i) That the claim on which the action is founded is enforceable under the provisions of the statute of frauds. a preliminary hearing may be had thereon as if a motion to dismiss had been filed. The dismissal shall be without prejudice to the right of the defendant to prosecute his counterclaim in a separate action unless within fifteen (15) days from notice of the motion he manifests his preference to have his counterclaim resolved in the same action. (h) and (i) of section 1 hereof shall bar the refiling of the same action or claim. Dismissal due to fault of plaintiff. The court shall not defer the resolution of the motion for the reason that the ground relied upon is not indubitable. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiffs motion for dismissal. Time to plead. — If. Upon such notice being filed. any of the grounds for dismissal provided for in this Rule may be pleaded as an affirmative defense in the answer and. (1a) Section 2. (c) That venue is improperly laid. the movant shall file his answer within the balance of the period prescribed by Rule 11 to which he was entitled at the time of serving his motion. — Subject to the right of appeal. deny the motion. (3a) Section 4. Pleading grounds as affirmative defenses. a complaint shall not be dismissed at the plaintiff's instance save upon approval of the court and upon such terms and conditions as the court deems proper. In every case. Effect of dismissal. waived. a dismissal under this paragraph shall be without prejudice. — A complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before service of the answer or of a motion for summary judgment. (h) That the claim or demand set forth in the plaintiff's pleading has been paid. (4a) Section 5. or to prosecute his action for an unreasonable length of time. (e) That there is another action pending between the same parties for the same cause. (f) That the cause of action is barred by a prior judgment or by the statute of limitations. an order granting a motion to dismiss based on paragraphs (f). abandoned.(b) That the court has no jurisdiction over the subject matter of the claim. the court may dismiss the action or claim. the resolution shall state clearly and distinctly the reasons therefor. Dismissal upon motion of plaintiff. the plaintiff fails to appear on the date of the presentation of his evidence in chief on the complaint. (g) That the pleading asserting the claim states no cause of action. (n) Section 6. but not less than five (5) days in any event. If the pleading is ordered to be amended. (1a) Section 2. for no justifiable cause. (n) Section 3. the evidence presented during the hearing shall automatically be part of the evidence of the party presenting the same. computed from his receipt of the notice of the denial. the parties shall submit their arguments on the questions of law and their evidence on the questions of fact involved except those not available at that time. Resolution of Motion. and (j) That a condition precedent for filing the claim has not been complied with. Hearing of motion. the court shall issue an order confirming the dismissal. (n) RULE 17 Dismissal of Actions Section 1. Should the case go to trial. A class suit shall not be dismissed or compromised without the approval of the court. (5a) The dismissal of the complaint under this section shall be without prejudice to the prosecution in the same or separate action of a counterclaim pleaded in the answer. or to comply with these Rules . the dismissal is without prejudice. (d) That the plaintiff has no legal capacity to sue. except that a notice operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in a competent court an action based on or including the same claim. or otherwise extinguished. Unless otherwise stated in the notice. — Except as provided in the preceding section. Dismissal upon notice by plaintiff. unless the court provides a longer period. — At the hearing of the motion. Unless otherwise specified in the order.

(c) The issues to be tried or resolved. (n) Section 5. the complaint may be dismissed upon motion of the defendant or upon the court's own motion. A voluntary dismissal by the claimant by notice as in section 1 of this Rule. indicating the desired terms thereof. without prejudice to the right of the defendant to prosecute his counterclaim in the same or in a separate action. When conducted. — The notice of pre-trial shall be served on counsel. The court shall consider: (a) The possibility of an amicable settlement or of a submission to alternative modes of dispute resolution. (b) A summary of admitted facts and proposed stipulation of facts. cross-claim. and . (h) The advisability or necessity of suspending the proceedings. — It shall be the duty of the parties and their counsel to appear at the pre-trial. Dismissal of counterclaim. or summary judgment. or third-party complaint. Pre-trial brief. to submit to alternative modes of dispute resolution. (3a) Section 4. unless other-wise ordered by the court. The counsel served with such notice is charged with the duty of notifying the party represented by him. (g) The propriety of rendering judgment on the pleadings. R20) Section 2. (f) The advisability of a preliminary reference of issues to a commissioner. Notice of pre-trial. Effect of failure to appear. R20) Section 3. or third-party complaint. or on the party who has no counsel. — The pre-trial is mandatory. (c) The necessity or desirability of amendments to the pleadings. — After the last pleading has been served and filed. if there is none. — The provisions of this Rule shall apply to the dismissal of any counterclaim. R20) Section 6. — The failure of the plaintiff to appear when so required pursuant to the next preceding section shall be cause for dismissal of the action. Nature and purpose. and to enter into stipulations or admissions of facts and of documents. (b) The simplification of the issues. The dismissal shall be with prejudice. unless otherwise declared by the court. (e) A manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners. cross-claim. (d) The documents or exhibits to be presented stating the purpose thereof. among others: (a) A statement of their willingness to enter into amicable settlement or alternative modes of dispute resolution. The nonappearance of a party may be excused only if a valid cause is shown therefor or if a representative shall appear in his behalf fully authorized in writing to enter into an amicable settlement. in such manner as shall ensure their receipt thereof at least three (3) days before the date of the pre-trial. (e) The limitation of the number of witnesses. (2a. (1a. (n) Section 4.or any order of the court. and (i) Such other matters as may aid in the prompt disposition of the action. A similar failure on the part of the defendant shall be cause to allow the plaintiff to present his evidence ex parte and the court to render judgment on the basis thereof. or of dismissing the action should a valid ground therefor be found to exist. (4a) RULE 18 Pre-Trial Section 1. their respective pre-trial briefs which shall contain. before the introduction of evidence at the trial or hearing. shall be made before a responsive pleading or a motion for summary judgment is served or. if shall be the duty of the plaintiff to promptly move ex parte that the case be set for pre-trial (5a. Appearance of parties. — The parties shall file with the court and serve on the adverse party. (d) The possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof. This dismissal shall have the effect of an adjudication upon the merits.

(2[d]a. — The motion to intervene may be filed at any time before rendition of judgment by the trial court. Preference shall be given to habeas corpus cases. Who may intervene.(f) The number and names of the witnesses. in which case it is called a subpoena duces tecum. Record of pre-trial. with leave of court. and those with motions to set for hearing. or in the success of either of the parties. unless modified before trial to prevent manifest injustice. and those so required by law. and whether or not the intervenor's rights may be fully protected in a separate proceeding. or an interest against both. special civil actions. — The proceedings in the pre-trial shall be recorded. Time to intervene. Upon the termination thereof. Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial. R22) RULE 21 Subpoena Section 1. those whose trials were adjourned or postponed. the order shall. [b]a. Should the action proceed to trial. A copy of the pleading-in-intervention shall be attached to the motion and served on the original parties. (b) the court of the place where the deposition is to be taken. By whom issued. the court shall issue an order which shall recite in detail the matters taken up in the conference. or other things under his control. (5a. Assignment of cases. — Subpoena is a process directed to a person requiring him to attend and to testify at the hearing or the trial of an action. (1a. — The answer to the complaint-in-intervention shall be filed within fifteen (15) days from notice of the order admitting the same. be allowed to intervene in the action. and the agreements or admissions made by the parties as to any of the matters considered. (n) Section 3. — The subpoena may be issued by — (a) the court before whom the witness is required to attend. or at any investigation conducted by competent authority. or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof may. the action taken thereon. It may also require him to bring with him any books. The assignment shall be done in open session of which adequate notice shall be given so as to afford interested parties the opportunity to be present. R22) Section 2. — The clerk of court. The court shall consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original parties. (n) Section 7. election cases. (2[a]. Pleadings-in-intervention. and the substance of their respective testimonies. the amendments allowed to the pleadings. or an answer-in-intervention if he unites with the defending party in resisting a claim against the latter. for trial. The contents of the order shall control the subsequent course of the action. under the direct supervision of the judge. or . explicitly define and limit the issues to be tried. documents. (c) the officer or body authorized by law to do so in connection with investigations conducted by said officer or body. — A person who has a legal interest in the matter in litigation. R12) Section 2. — The intervenor shall file a complaint-in-intervention if he asserts a claim against either or all of the original parties. shall keep a calendar of cases for pretrial. R23) Section 2. Subpoena and subpoena duces tecum. Answer to complaint-in-intervention. unless a different period is fixed by the court. — The assignment of cases to the different branches of a court shall be done exclusively by raffle. R20) RULE 19 Intervention Section 1. (7a. (1a. (2[c]a. R12) Section 4. Calendar of cases. or for the taking of his deposition. R12) RULE 20 Calendar of Cases Section 1.

the day of the act or event from which the designated period of time begins to run is to be excluded and the date of performance included. — Failure by any person without adequate cause to obey a subpoena served upon him shall be deemed a contempt of the court from which the subpoena is issued. when a subpoena is issued by or on behalf of the Republic of the Philippines or an officer or agency thereof. or the relevancy of the books. shall constitute sufficient authorization for the issuance of subpoenas for the persons named in said notice by the clerk of the court of the place in which the deposition is to be taken. R23) Section 8. R23) Section 6. the disobedience thereto shall be punished in accordance with the applicable law or Rule. may issue a warrant to the sheriff of the province. in any event. R23) Section 7. to arrest the witness and bring him before the court or officer where his attendance is required. — Proof of service of a notice to take a deposition. (a) Section 2. In either case. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. as provided in sections 15 and 25 of Rule 23. Compelling attendance. How to compute time. R23) Section 3. the reasonable cost of producing the books. except that. the judge or officer shall examine and study carefully such application to determine whether the same is made for a valid purpose. issue a subpoena duces tecum to any such person without an order of the court. The clerk shall not. the court or judge issuing the subpoena. documents or things demanded which must appear to the court prima facie relevant. or a legal holiday in the place where the court sits. If the subpoena was not issued by a court. and the cost of such warrant and seizure of such witness shall be paid by the witness if the court issuing it shall determine that his failure to answer the subpoena was willful and without just excuse. Subpoena for depositions. (10. If the subpoena is duces tecum. If the last day of the period.(d) any Justice of the Supreme Court or of the Court of Appeals in any case or investigation pending within the Philippines. documents or things demanded shall also be tendered. — A person present in court before a judicial officer may be required to testify as if he were in attendance upon a subpoena is sued by such court or officer. or to a detention prisoner if no permission of the court in which his case is pending was obtained. When application for a subpoena to a prisoner is made. (n) . (9a. Service. — In case of failure of a witness to attend. or his deputy. it shall also contain a reasonable description of the books. (3a. the time shall not run until the next working day. (12a R23) Section 10. (4a. Quashing a subpoena. however. The day of the act that caused the interruption shall be excluded in the computation of the period. (6a. Form and contents. The court may quash a subpoena ad testificandum on the ground that the witness is not bound thereby. upon proof of the service thereof and of the failure of the witness. R23) RULE 22 Computation of Time Section 1. the tender need not be made. Effect of interruption. — Should an act be done which effectively interrupts the running of the period. Personal appearance in court. — In computing any period of time prescribed or allowed by these Rules. R23) Section 5. — A subpoena shall state the name of the court and the title of the action or investigation. documents or things does not appear. or by any applicable statute. reclusion perpetua or life imprisonment and who is confined in any penal institution shall be brought outside the said penal institution for appearance or attendance in any court unless authorized by the Supreme Court (2a. or by order of the court. as thus computed. the subpoena may be quashed on the ground that the witness fees and kilometrage allowed by these Rules were not tendered when the subpoena was served. No prisoner sentenced to death. (5a. — Service of a subpoena shall be made in the same manner as personal or substituted service of summons. shall be directed to the person whose attendance is required. falls on a Saturday a Sunday. R23) Section 4. and in the case of a subpoena duces tecum. the allowable period after such interruption shall start to run on the day after notice of the cessation of the cause thereof. — The provisions of sections 8 and 9 of this Rule shall not apply to a witness who resides more than one hundred (100) kilometers from his residence to the place where he is to testify by the ordinary course of travel. or if the person in whose behalf the subpoena is issued fails to advance the reasonable cost of the production thereof. R23) Section 9. — The court may quash a subpoena duces tecum upon motion promptly made and. at or before the time specified therein if it is unreasonable and oppressive. tendering to him the fees for one day's attendance and the kilometrage allowed by these Rules. Contempt. Exceptions. (11. The original shall be exhibited and a copy thereof delivered to the person on whom it is served.

and (d) If only part of a deposition is offered in evidence by a party. that such exceptional circumstances exist as to make it desirable. R24) Section 6. Persons before whom depositions may be taken within the Philippines. when an action has been dismissed and another action involving the same subject is afterward brought between the same parties or their representatives or successors in interest. — By leave of court after jurisdiction has been obtained over any defendant or over property which is the subject of the action. to allow the deposition to be used. Effect of taking depositions.RULE 23 Depositions Pending Action Section 1. Rebutting deposition. or (3) that the witness is unable to attend or testify because of age. (5. may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof. R24) Section 11. depositions may . R24) Section 10. the adverse party may require him to introduce all of it which is relevant to the part introduced. the testimony of any person. and. to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying (6. R24) Section 7. the deponent may be examined regarding any matter. — The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition. — Unless otherwise ordered by the court as provided by section 16 or 18 of this Rule. or association which is a party may be used by an adverse party for any purpose. whether relating to the claim or defense of any other party. R24) Section 8. whether or not a party. Examination and cross-examination. (c) The deposition of a witness. whether a party or not. (9. in accordance with any one of the following provisions. (8. any part or all of a deposition. not privileged. R24) Section 2. (3a. at the instance of any party. in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court. documents. or (4) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena. sickness. and location of any books. may be taken. so far as admissible under the rules of evidence. Depositions shall be taken only in accordance with these Rules. (1a. R24) Section 4. infirmity. or other tangible things and the identity and location of persons having knowledge of relevant facts. or (5) upon application and notice. — A party shall not be deemed to make a person his own witness for any purpose by taking his deposition. — Within the Philippines depositions may be taken before any judge. — At the trial or upon the hearing of a motion or an interlocutory proceeding. R24) Section 3. — In a foreign state or country. — Subject to the provisions of section 29 of this Rule. objection may be made at the trial or hearing. (7. by deposition upon oral examination or written interrogatories. unless it appears that his absence was procured by the party offering the deposition. Effect of using depositions. Use of depositions. or without such leave after an answer has been served. and any party may introduce any other parts. or (2) that the witness resides at a distance more than one hundred (100) kilometers from the place of trial or hearing. Objections to admissibility. Persons before whom depositions may be taken in foreign countries. (b) The deposition of a party or of any one who at the time of taking the deposition was an officer. may be used by any party for any purpose if the court finds: (1) that the witness is dead. or imprisonment. partnership. The attendance of witnesses may be compelled by the use of a subpoena as provided in Rule 21. when may be taken. custody. (4a. — Examination and cross-examination of deponents may proceed as permitted at the trial under sections 3 to 18 of Rule 132. description. — Substitution of parties does not affect the right to use depositions previously taken. all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. notary public. Depositions pending action. including the existence. (2. nature. or managing agent of a public or private corporation. which is relevant to the subject of the pending action. R24) Section 5. (a) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness. Effect of substitution of parties. but this shall not apply to the use by an adverse party of a deposition as described in paragraph (b) of section 4 of this Rule. — At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party. Scope of examination. director. or is out of the Philippines. (10a. or the person referred to in section 14 hereof. R24) Section 9. condition.

the court in which the action is pending may make an order that the deposition shall not be taken. R24) Section 12. the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason be given therefor. unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. and if the name is not known. shall be noted by the officer upon the deposition. R24) Section 18. Officers may be designated in notices or commissions either by name or descriptive title and letters rogatory may be addressed to the appropriate judicial authority in the foreign country. parties served with notice of taking a deposition may transmit written interrogatories to the officers. (14a. changes. Orders for the protection of parties and deponents. or by some one acting under his direction and in his presence. Certification. or who is financially interested in the action. embarrass. Motion to terminate or limit examination. to every other party to the action. or consular agent of the Republic of the Philippines. R24) Section 17. In lieu of participating in the oral examination. on motion or petition of any party or of the deponent. (b) before such person or officer as may be appointed by commission or under letters rogatory. time and place. at any time or place. Deposition upon oral examination. (15. or oppression. All objections made at the time of the examination to the qualifications of the officer taking the deposition. (20. The deposition shall then be signed by the witness. and the deposition may then be used as fully as though signed. vice-consul. upon motion seasonably made by any party or by the person to be examined and for good cause shown. (11a. R24) Section 19. developments. the court may for cause shown enlarge or shorten the time. record the testimony of the witness. or that after being sealed the deposition shall be opened only by order of the court. unless such examination and reading are waived by the witness and by the parties. or employee or counsel of any of the parties. Upon demand of the objecting party or deponent. the court may impose upon either party or upon the witness the requirement to pay such costs or expenses as the court may deem reasonable. embarrassment. or that the scope of the examination shall be held with no one present except the parties to the action and their officers or counsel. or oppress the deponent or party. and any other objection to the proceedings. — No deposition shall be taken before a person who is a relative within the sixth degree of consanguinity or affinity. R24) Section 20. the taking of the deposition shall be suspended for the time necessary to make a notice for an order. objections. or that secret processes. and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy. depositions may be taken before any person authorized to administer oaths. or research need not be disclosed. the deposition shall be submitted to the witness for examination and shall be read to or by him. the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part. or (c) the person referred to in section 14 hereof. and filing by officer. If the order made terminates the examination. and on such terms. — When the testimony is fully transcribed. (16a. Disqualification by interest. (17. or to the evidence presented. or that it may be taken only on written interrogatories. on application and notice. who shall propound them to the witness and record the answers verbatim. — The officer before whom the deposition is to be taken shall put the witness on oath and shall personally. In granting or refusing such order. consul general. or may limit the scope and manner of the taking of the deposition. Commission or letters rogatory. (12a. or that certain matters shall not be inquired into. unless on a motion to suppress under section 29 (f) of this Rule. as provided in section 16 of this Rule. — A commission or letters rogatory shall be issued only when necessary or convenient. R24) . a general description sufficient to identify him or the particular class or group to which he belongs. (13a. and with such direction as are just and appropriate. — After notice is served for taking a deposition by oral examination. or employee of such counsel. He shall then securely seal the deposition in an envelope indorsed with the title of the action and marked "Deposition of (here insert the name of witness)" and shall promptly file it with the court in which the action is pending or send it by registered mail to the clerk thereof for filing. or that it may be taken only at some designated place other than that stated in the notice. or to the conduct of any party. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. R24) Section 16. (18a. R24) Section 15. If the deposition is not signed by the witness. notice. or who is a relative within the same degree. signing. The testimony shall be taken stenographically unless the parties agree otherwise. or that the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court or the court may make any other order which justice requires to protect the party or witness from annoyance. — At any time during the taking of the deposition. (19a. — A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing. oath. Submission to witness. — The officer shall certify on the deposition that the witness was duly sworn to by him and that the deposition is a true record of the testimony given by the witness. consul. Evidence objected to shall be taken subject to the objections. Stipulations regarding taking of depositions. On motion of any party upon whom the notice is served. if any.be taken (a) on notice before a secretary of embassy or legation. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined. R24) Section 14. R24) Section 13. it shall be resumed thereafter only upon the order of the court in which the action is pending. or to the manner of talking it. if known. — If the parties so stipulate in writing. Record of examination. the court in which the action is pending or the Regional Trial Court of the place where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition. in accordance with these Rules and when so taken may be used like other depositions.

Section 21. or cured if promptly prosecuted. certified. R24) Section 26. — Upon payment of reasonable charges therefor. signed. 16 and 18 of this Rule which is appropriate and just or an order that the deposition shall not be taken before the officer designated in the notice or that it shall not be taken except upon oral examination. who shall proceed promptly. attaching thereto the copy of the notice and the interrogatories received by him. (e) As to form of written interrogatories. (27. — A party desiring to take the deposition of any person upon written interrogatories shall serve them upon every other party with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom the deposition is to be taken. Officers to take responses and prepare record. R24) . on motion promptly made by a party or a deponent. removed. Order for the protection of parties and deponents. (25. including reasonable attorney's fees. (b) As to disqualification of officer. (21. — If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon him and the witness because of such failure does not attend. (c) As to competency or relevancy of evidence. the court may order the party giving the notice to pay such other party the amount of the reasonable expenses incurred by him and his counsel in so attending. — After the service of the interrogatories and prior to the taking of the testimony of the deponent. 19 and 20 of this Rule. R24) Section 29. in the manner provided by sections 17. R24) Section 27. 20 and 26 of this Rule are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is. — (a) As to notice. sealed. R24) Section 25. — Errors and irregularities occurring at the oral examination in the manner of taking the deposition in the form of the questions or answers. a party may serve recross-interrogatories upon the party proposing to take the deposition. the court may order the party giving the notice to pay to such other party the amount of the reasonable expenses incurred by him and his counsel in so attending. — Objections to the form of written interrogatories submitted under sections 25 and 26 of this Rule are waived unless served in writing upon the party propounding them within the time allowed for serving succeeding cross or other interrogatories and within three (3) days after service of the last interrogatories authorized. unless the ground. the court in which the action is pending. service of notice and of interrogatories. ascertained. — Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared. including reasonable attorney's fees. Notice of filing and furnishing copies. relevancy. — When a deposition upon interrogatories is filed. or materiality of testimony are not waived by failure to make them before or during the taking of the deposition. — If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another attends in person or by counsel pursuant to the notice. R24) Section 22. Within five (5) days thereafter. Notice of filing. and if another party attends in person or by counsel because he expects the deposition of that witness to be taken. Failure of party giving notice to serve subpoena. the officer taking it shall promptly give notice thereof to all the parties. — The officer taking the deposition shall give prompt notice of its filing to all the parties. filed. — All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice. or in the conduct of the parties and errors of any kind which might be obviated. (29a. Effect of errors and irregularities in depositions. R24) Section 28. Failure to attend of party giving notice. and for good cause shown. of the objection is one which might have been obviated or removed if presented at that time. to take the testimony of the witness in response to the interrogatories and to prepare. the officer shall furnish a copy of the deposition to any party or to the deponent. and may furnish copies to them or to the deponent upon payment of reasonable charges therefor. 19. (26. are waived unless reasonable objection thereto is made at the taking of the deposition. or otherwise dealt with by the officer under sections 17. or with due diligence might have been. indorsed. may make any order specified in sections 15. (22. certify. (28a. and file or mail the deposition. transmitted. in the oath or affirmation. Deposition upon written interrogatories. Within ten (10) days thereafter. (f) As to manner of preparation. — Objections to the competency of witness or the competency. (24a. (d) As to oral examination and other particulars. Furnishing copies. the latter may serve re-direct interrogatories upon a party who has served crossinterrogatories. (23a. — Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence. R24) Section 24. a party so served may serve cross-interrogatories upon the party proposing to take the deposition. R24) Section 23. Within three (3) days after being served with re-direct interrogatories. — A copy of the notice and copies of all interrogatories served shall be delivered by the party taking the deposition to the officer designated in the notice.

The motion shall state (a) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each. and (b) the reason for perpetuating their testimony. and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these Rules for depositions taken in pending actions. upon the same notice and service thereof as if the action was pending therein. R134) Section 5. Reference to court. — If a deposition to perpetuate testimony is taken under this Rule. (2. the court shall cause notice thereof to be served on the parties and prospective deponents in the manner provided for service of summons. (d) the names or a description of the persons he expects will be adverse parties and their addresses so far as known. — If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice. each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed. it may be used in any action involving the same subject matter sub-sequently brought in accordance with the provisions of sections 4 and 5 of Rule 23. although not so taken. (6a. — A person who desires to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in any court of the Philippines may file a verified petition in the court of the place of the residence of any expected adverse party. the court in which the judgment was rendered may allow the taking of depositions of witnesses to perpetuate their testimony for in the event of further proceedings in the said court. by any officer thereof competent to testify in its behalf. Objections to interrogatories. (1a R134) Section 2. (c) the facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it. which shall be at as early a time as is practicable. and answers shall be deferred until the objections are resolved. R134) Section 3. it would be admissible in evidence. (2a) Section 3. service thereof. any party desiring to elicit material and relevant facts from any adverse parties shall file and serve upon the latter written interrogatories to be answered by the party served or. (1a) Section 2. or if. Answer to interrogatories. — The interrogatories shall be answered fully in writing and shall be signed and sworn to by the person making them. R134) Section 6. Depositions pending appeal. at a time and place named therein. R134) Section 4. together with a copy of the petition. — If an appeal has been taken from a judgment of a court. Notice and service. Depositions before action. petition. At least twenty (20) days before the date of the hearing. (7a. with notice as in case of a motion. (5a. — For the purpose of applying Rule 23 to depositions for perpetuating testimony. it may make an order allowing the deposition to be taken. (4a. Interrogatories to parties. or before the taking of an appeal if the time therefor has not expired.RULE 24 Depositions Before Action or Pending Appeal Section 1. Order and examination. extends or shortens the time. R134) Section 7. The depositions may be taken in accordance with Rule 23 before the hearing. Use of deposition. (3a. — Objections to any interrogatories may be presented to the court within ten (10) days after service thereof. — The petitioner shall serve a notice upon each person named in the petition as an expected adverse party. if the party served is a public or private corporation or a partnership or association. for the order described in the petition. (b) the subject matter of the expected action and his interest therein. (3a) . stating that the petitioner will apply to the court. R134) RULE 25 Interrogatories to Parties Section 1. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice. it shall make an order designating or describing the persons whose deposition may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition for the purpose of perpetuating their testimony. and (e) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each. The party upon whom the interrogatories have been served shall file and serve a copy of the answers on the party submitting the interrogatories within fifteen (15) days after service thereof unless the court on motion and for good cause shown. In such case the party who desires to perpetuate the testimony may make a motion in the said court for leave to take the depositions. — The petition shall be entitled in the name of the petitioner and shall show: (a) that the petitioner expects to be a party to an action in a court of the Philippines but is presently unable to bring it or cause it to be brought. including the Court of Appeals in proper cases. — Under the same conditions specified in section 1 of Rule 23. Contents of petition.

a party may file and serve upon any other party may file and serve upon any other party a written request for the admission by the latter of the genuineness of any material and relevant document described in and exhibited with the request or of the truth of any material and relevant matter of fact set forth in the request. — At any time after issues have been joined. or photographing the property or any designated relevant object or operation thereon. Number of interrogatories. within a period designated in the request. and may prescribe such terms and conditions as are just. (1a) RULE 28 Physical and Mental Examination of Persons . (4) Section 5. Withdrawal. Effect of admission. which constitute or contain evidence material to any matter involved in the action and which are in his possession. or ought to be. — Unless thereafter allowed by the court for good cause shown and to prevent a failure of justice. papers. letters. photographs. or to give a deposition pending appeal. whether express or implied. — No party may. within the personal knowledge of the latter. or within such further time as the court may allow on motion. without leave of court. — Upon motion of any party showing good cause therefor. to withdraw or amend it upon such terms as may be just. (n) RULE 27 Production or Inspection of Documents or Things Section 1. not privileged. — Interrogatories may relate to any matters that can be inquired into under section 2 of Rule 23. which shall not be less than fifteen (15) days after service thereof. shall not be permitted to present evidence on such facts. (n) RULE 26 Admission by Adverse Party Section 1. surveying. The order shall specify the time. serve more than one set of interrogatories to be answered by the same party. custody or control. Request for admission. Effect of failure to file and serve request for admission. a party not served with written interrogatories may not be compelled by the adverse party to give testimony in open court. the party to whom the request is directed files and serves upon the party requesting the admission a sworn statement either denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he cannot truthfully either admit or deny those matters. (2a) Section 3. Scope and use of interrogatories. — Unless otherwise allowed by the court for good cause shown and to prevent a failure of justice a party who fails to file and serve a request for admission on the adverse party of material and relevant facts at issue which are. by or on behalf of the moving party. (1a) Section 2. or (b) order any party to permit entry upon designated land or other property in his possession or control for the purpose of inspecting. objects or tangible things. Effect of failure to serve written interrogatories. Implied admission. Objections to any request for admission shall be submitted to the court by the party requested within the period for and prior to the filing of his sworn statement as contemplated in the preceding paragraph and his compliance therewith shall be deferred until such objections are resolved.Section 4. measuring. order. (3) Section 4. books. the court in which an action is pending may (a) order any party to produce and permit the inspection and copying or photographing. Copies of the documents shall be delivered with the request unless copy have already been furnished. place and manner of making the inspection and taking copies and photographs. Motion for production or inspection. accounts. — Each of the matters of which an admission is requested shall be deemed admitted unless. and the answers may be used for the same purposes provided in section 4 of the same Rule. which resolution shall be made as early as practicable. (4) Section 5. — Any admission made by a party pursuant to such request is for the purpose of the pending action only and shall not constitute an admission by him for any other purpose nor may the same be used against him in any other proceeding. — The court may allow the party making an admission under the Rule. (5a) Section 6. of any designated documents.

— If requested by the party examined. — By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner. and among others the following: (a) An order that the matters regarding which the questions were asked. Report of findings. or both of them. the court shall require the refusing party or deponent to answer the question or interrogatory and if it also finds that the refusal to answer was without substantial justification. (1a) Section 2. (3a) Section 4.Section 1. regarding the testimony of every other person who has examined or may thereafter examine him in respect of the same mental or physical examination. or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order. the court in which the action is pending may in its discretion order him to submit to a physical or mental examination by a physician. for an order to compel an answer. If the application is granted. or rendering a judgment by default against the disobedient party. After such request and delivery. Refusal to answer. and (d) In lieu of any of the foregoing orders or in addition thereto. the refusal may be considered a contempt of that court. — If any party or an officer or managing agent of a party refuses to obey an order made under section 1 of this Rule requiring him to answer designated questions. The same procedure may be availed of when a party or a witness refuses to answer any interrogatory submitted under Rules 23 or 25. the party examined waives any privilege he may have in that action or any other involving the same controversy. When examination may be ordered. or photographing or to permit it to be done. manner. Contempt of court. (2a) Section 3. the party causing the examination to be made shall be entitled upon request to receive from the party examined a like report of any examination. — If a party after being served with a request under Rule 26 to admit the genuineness of any document or the truth of any matter of fact serves a sworn denial thereof and if the party requesting the admissions thereafter . the court may require the proponent or the counsel advising the filing of the application. Order for examination. or staying further proceedings until the order is obeyed. The proponent may thereafter apply to the proper court of the place where the deposition is being taken. (4) RULE 29 Refusal to Comply with Modes of Discovery Section 1. (2) Section 3. copying. If the party examined refuses to deliver such report. or dismissing the action or proceeding or any part thereof. including attorney's fees. Expenses on refusal to admit. or the contents of the paper. place. conditions and scope of the examination and the person or persons by whom it is to be made. (1) Section 2. — If a party or other deponent refuses to answer any question upon oral examination. Other consequences. and if a physician fails or refuses to make such a report the court may exclude his testimony if offered at the trial. it may require the refusing party or deponent or the counsel advising the refusal. the court may make such orders in regard to the refusal as are just. or from introducing evidence of physical or mental condition. to pay the proponent the amount of the reasonable expenses incurred in obtaining the order. (b) An order refusing to allow the disobedient party to support or oppose designated claims or defenses or prohibiting him from introducing in evidence designated documents or things or items of testimony. the party causing the examination to be made shall deliver to him a copy of a detailed written report of the examining physician setting out his findings and conclusions. (c) An order striking out pleadings or parts thereof. including attorney's fees. to pay to the refusing party or deponent the amount of the reasonable expenses incurred in opposing the application. or both of them. the examination may be completed on other matters or adjourned as the proponent of the question may prefer. the court on motion and notice may make an order requiring delivery on such terms as are just. — In an action in which the mental or physical condition of a party is in controversy. an order directing the arrest of any party or agent of a party for disobeying any of such orders except an order to submit to a physical or mental examination. — The order for examination may be made only on motion for good cause shown and upon notice to the party to be examined and to all other parties. — If a party or other witness refuses to be sworn or refuses to answer any question after being directed to do so by the court of the place in which the deposition is being taken. of the same mental or physical condition. previously or thereafter made. or the character or description of the thing or land. (3a) Section 4. Waiver of privilege. If the application is denied and the court finds that it was filed without substantial justification. or to permit entry upon land or other property or an order made under Rule 28 requiring him to submit to a physical or mental examination. or an order under Rule 27 to produce any document or other thing for inspection. or the physical or mental condition of the party. and shall specify the time.

— Upon entry of a case in the trial calendar. may strike out all or any part of any pleading of that party. R30) Section 6. unless the court. (c) The third-party defendant if any. 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. and so forth. and unless the court for special reasons otherwise directs. Agreed statement of facts. shall adduce evidence of his defense. R30) . counterclaim. Requisites of motion to postpone trial for absence of evidence. (2a. and in its discretion. or dismiss the action or proceeding or any part thereof. the court on motion and notice. (5a. order him to pay reasonable expenses incurred by the other. the court shall determine the relative order of presentation of their evidence. and (g) Upon admission of the evidence. and that due diligence has been used to procure it. Failure of party to attend or serve answers. even if he objects or reserves the right to object to their admissibility. shall adduce evidence of the material facts pleaded by them. Unless the court finds that there were good reasons for the denial or that admissions sought were of no substantial importance. (6) RULE 30 Trial Section 1. Notice of Trial. Supreme Court. 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. Order of trial. and so forth. cross-claim and third-party complaints. 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. except when authorized in writing by the Court Administrator. and submit the case for judgment on the facts agreed upon. shall adduce evidence in support of their defense. — A motion to postpone a trial on the ground of absence of evidence can be granted only upon affidavit showing the materiality or relevancy of such evidence. — Expenses and attorney's fees are not to be imposed upon the Republic of the Philippines under this Rule. 803. without the introduction of evidence. (4a) Section 5. in writing. — A court may adjourn a trial from day to day. 21 July 1998) Section 4. and to any stated time. cross-claim and fourth-party complaint. R22. after being served with a proper notice. or enter a judgment by default against that party. Requisites of motion to postpone trial for illness of party or counsel. If the parties agree only on some of the facts in issue. — Subject to the provisions of section 2 of Rule 31. permits them to adduce evidence upon their original case. (f) The parties may then respectively adduce rebutting evidence only.proves the genuineness of such document or the truth of any such matter of fact. the trial shall be held as to the disputed facts in such order as the court shall prescribe. (1a. Bar Matter No. (2a. But if the adverse party admits the facts to be given in evidence. — If a party or an officer or managing agent of a party wilfully fails to appear before the officer who is to take his deposition. unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings. (d) The fourth-party. (5) Section 6. he may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making such proof. upon the facts involved in the litigation. R22) Section 2. as the expeditious and convenient transaction of business may require. or fails to serve answers to interrogatories submitted under Rule 25 after proper service of such interrogatories. — The parties to any action may agree. (e) The parties against whom any counterclaim or cross-claim has been pleaded. for good reasons and in the furtherance of justice. (b) The defendant shall then adduce evidence in support of his defense. such order shall be issued. including attorney's fees. If several defendants or third-party defendants. (3a. Expenses against the Republic of the Philippines. Adjournments and postponements. the case shall be deemed submitted for decision. (4a. R22) Section 5. in the order to be prescribed by the court. including attorney's fees. having separate defenses appear by different 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 of 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. counterclaim. R22) Section 3. the trial shall not be postponed. if any.

swear witnesses. — Upon receipt of the order of reference and unless otherwise provided therein. The order may specify or limit the powers of the commissioner. — By written consent of both parties. Statement of judge. or to receive and report evidence only and may fix the date for beginning and closing the hearings and for the filing of his report. the clerk shall forthwith furnish the commissioner with a copy of the order of reference. witnesses or counsel. R33) Section 5. Reference ordered on motion. in default or ex parte hearings. (2a. or to do or perform particular acts. he may rule upon the admissibility of evidence. — The court. — The judge of the court where the case is pending shall personally receive the evidence to be adduced by the parties. The trial or hearing before him shall proceed in all respects as it would if held before the court. the commissioner has and shall 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 performance of his duties under the order. in furtherance of convenience or to avoid prejudice. it may order a joint hearing or trial of any or all the matters in issue in the actions. (3a. arises upon motion or otherwise. and unless otherwise provided in the order of reference. Judge to receive evidence. other than upon the pleadings. (c) When a question of fact. shall be made of record in the stenographic notes. Failure of parties to appear before commissioner. — During the hearing or trial of a case any statement made by the judge with reference to the case. Proceedings before commissioner. R30) Section 8. Suspension of actions. or of any separate issue or of any number of claims. He may issue subpoenas and subpoenas duces tecum. may order a separate trial of any claim. it may order all the actions consolidated. However. Oath of commissioner. cross-claims. Consolidation. or third-party complaint. in any stage of a case. (14. As used in these Rules. (3a. giving notice to the absent party or . counterclaims. third-party complaints or issues. adjourn the proceedings to a future day. (n) RULE 31 Consolidation or Severance Section 1. the commissioner may proceed ex parte or. (n) Section 9. (1a. upon the application of either or of its own motion. 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. 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. (2a) RULE 32 Trial by Commissioner Section 1. — Before entering upon his duties the commissioner shall be sworn to a faithful and honest performance thereof. Separate trials. R33) Section 2. in which case the commissioner may be directed to hear and report upon the whole issue or any specific question involved therein. the court may. the word "commissioner" includes a referee. or for carrying a judgment or order into effect. delegation to clerk of court. R33) Section 6. (b) When the taking of an account is necessary for the information of the court before judgment. in his discretion. — If a party fails to appear at the time and place appointed. R33) Section 3. powers of the commissioner. (5a. an auditor and an examiner. — The suspension of actions shall be governed by the provisions of the Civil Code. — When a reference is made. — When the parties do not consent. the commissioner shall forthwith set a time and place for the first meeting of the parties or their counsel to be held within ten (10) days after the date of the order of reference and shall notify the parties or their counsel.Section 7. Subject to other specifications and limitations stated in the order. direct a reference to a commissioner in the following cases: (a) When the trial of an issue of fact requires the examination of a long account on either side. or to any of the parties. R33) Section 4. counterclaim. and in any case where the parties agree in writing. The clerk of court shall have no power to rule on objections to any question or to the admission of exhibits. and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. Reference by consent. Order of reference. cross-claim. the court may delegate the reception of evidence to its clerk of court who is a member of the bar. — When actions involving a common question of law or fact are pending before the court. and may direct him to report only upon particular issues. or for carrying a judgment or order into effect. (1) Section 2.

only questions of law shall thereafter be considered. of the testimonial evidence presented before him. may apply to the court for an order requiring the commissioner to expedite the proceedings and to make his report. depositions or admissions for a summary judgment in . — Upon the completion of the trial or hearing or proceeding before the commissioner. (7a R33) Section 8. other than objections to the findings and conclusions therein. (12a. or recommitting it with instructions. in actions for declaration of nullity or annulment of marriage or for legal separation. — A party against whom a claim. and they shall be allowed ten (10) days within which to signify grounds of objections to the findings of the report. Commissioner shall avoid delays. set forth. at any time after the pleading in answer thereto has been served. — Upon the filing of the report. counterclaim. R33) Section 13. R19) RULE 35 Summary Judgments Section 1. R33) Section 9. affidavits. (1a. — When the parties stipulate that a commissioner's findings of fact shall be final. — The court shall allow the commissioner such reasonable compensation as the circumstances of the case warrant. the report shall be set for hearing. Judgment on the pleadings. shall not be considered by the court unless they were made before the commissioner. (1a. on notice to the parties and commissioner. depositions or admissions for a summary judgment in his favor upon all or any part thereof. — Where an answer fails to tender an issue. R34) Section 2. or otherwise admits the material allegations of the adverse party's pleading. He shall attach thereto all exhibits. or rejecting the report in whole or in part. When his powers are not specified or limited. Report of commissioner. (9a. or requiring the parties to present further evidence before the commissioner or the court. as justice requires. the material facts alleged in the complaint shall always be proved. Summary judgment for claimant. after which the court shall issue an order adopting. Either party. or cross-claim is asserted or a declaratory relief is sought may. R33) Section 11. modifying. or apportioned. or cross-claim or to obtain a declaratory relief may. (8a. the parties shall be notified by the clerk. Compensation of commissioner. Summary judgment for defending party. Stipulations as to findings. depositions. — It is the duty of the commissioner to proceed with all reasonable diligence. Demurrer to evidence. if any. R33) Section 12. R33) Section 10. (13. Hearing upon report. R35) RULE 34 Judgment on the Pleadings Section 1. R33) Section 7. (11a. on motion of that party. to be taxed as costs against the defeated party. Refusal of witness. he shall file with the court his report in writing upon the matters submitted to him by the order of reference. R33) RULE 33 Demurrer to Evidence Section 1. — After the plaintiff has completed the presentation of his evidence. However. papers and the transcript. (1a. move with supporting affidavits. (6a. at any time. Objections to the report based upon grounds which were available to the parties during the proceedings before the commissioner.his counsel of the adjournment. he shall set forth his findings of fact and conclusions of law in his report. shall be deemed a contempt of the court which appointed the commissioner. the court may. if they so desire. — A party seeking to recover upon a claim. direct judgment on such pleading. — Upon the expiration of the period of ten (10) days referred to in the preceding section. the defendant may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. move with supporting affidavits. counterclaim. Notice to parties of the filing of report. — The refusal of a witness to obey a subpoena issued by the commissioner or to give evidence before him. (10. If the motion is granted but on appeal the order of dismissal is reversed he shall be deemed to have waived the right to present evidence. If his motion is denied he shall have the right to present evidence.

— Supporting and opposing affidavits shall be made on personal knowledge. (1a) Section 2. the judgment shall set out their individual or proper names. After the hearing. show that. and shall show affirmatively that the affiant is competent to testify to the matters stated therein. — The motion shall be served at least ten (10) days before the time specified for the hearing. It shall thereupon make an order specifying the facts that appear without substantial controversy. — In an action against several defendants. R34) Section 5. render judgment against one or more of them. — A judgment or final order determining the merits of the case shall be in writing personally and directly prepared by the judge. supporting affidavits. Separate judgments.his favor as to all or any part thereof. the court. leaving the action to proceed against the others. the court at the hearing of the motion. within a certificate that such judgment or final order has become final and executory. (3) Section 4. — If on motion under this Rule. except as to the amount of damages. Certified true copies of all papers or parts thereof referred to in the affidavit shall be attached thereto or served therewith. (2a. The date of finality of the judgment or final order shall be deemed to be the date of its entry. Final Orders and Entry Thereof Section 1. by examining the pleadings and the evidence before it and by interrogating counsel shall ascertain what material facts exist without substantial controversy and what are actually and in good faith controverted. (4) Section 5. Rendition of judgments and final orders. — Judgment may be given for or against one or more of several plaintiffs and for or against one or more of several defendants. and filed with the clerk of the court. shall set forth such facts as would be admissible in evidence. stating clearly and distinctly the facts and the law on which it is based. or admissions at least three (3) days before the hearing. 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. Judgment against entity without juridical personality. the court may require the parties on each side to file adversary pleadings as between themselves and determine their ultimate rights and obligations. upon a determination of the issues material to a particular claim and all counterclaims arising out of the transaction or occurrence which is the subject matter of the claim. if known. The record shall contain the dispositive part of the judgment or final order and shall be signed by the clerk. (6a) RULE 37 New Trial or Reconsiderations . Affidavits in bad faith. it may. The facts so specified shall be deemed established. (6a. In case a separate judgment is rendered the court by order may stay its enforcement until the rendition of a subsequent judgment or judgments and may prescribe such conditions as may be necessary to secure the benefit thereof to the party in whose favor the judgment is rendered. When justice so demands. (5a) Section 6. and the trial shall be conducted on the controverted facts accordingly. R51) Section 3. — If no appeal or motion for new trial or reconsideration is filed within the time provided in these Rules. (5a. Case not fully adjudicated on motion. The adverse party may serve opposing affidavits. the court shall forthwith order the offending 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 including attorney's fees. depositions. depositions. including the extent to which the amount of damages or other relief is not in controversy. Entry of judgments and final orders. Judgment for or against one or more of several parties. R34) Section 6. after hearing further adjudge the offending party or counsel guilty of contempt. 10. or solely for the purpose of delay. signed by him. (4a. R34) Section 4. the judgment or final order shall forthwith be entered by the clerk in the book of entries of judgments. (2a. R34) Section 3. The judgment shall terminate the action with respect to the claim so disposed of and the action shall proceed as to the remaining claims. R34) RULE 36 Judgments. — When more than one claim for relief is presented in an action. when a several judgment is proper. at any stage. the judgment sought shall be rendered forthwith if the pleadings. and admissions on file. judgment is not rendered upon the whole case or for all the reliefs sought and a trial is necessary. the court may. may render a separate judgment disposing of such claim. — When judgment is rendered against two or more persons sued as an entity without juridical personality. (3a. Several judgments. Motion and proceedings thereon. — Should it appear to its satisfaction at any time that any of the affidavits presented pursuant to this Rule are presented in bad faith. and directing such further proceedings in the action as are just. Form of affidavits and supporting papers.

— If a new trial is granted in accordance with the provisions of this Rules the original judgment or final order shall be vacated. accident. the court may either enter a judgment or final order as to the rest. and which if presented would probably alter the result. Effect of order for partial new trial. or may deny the motion. A motion for new trial shall be proved in the manner provided for proof of motion. he may file a petition in such court and in the same case praying that the judgment. or any other proceeding is thereafter taken against a party in any court through fraud. or excusable negligence. Remedy against order denying a motion for new trial or reconsideration. A second motion for new trial. but the recorded evidence taken upon the former trial. A motion for reconsideration shall point out a specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law making express reference to the testimonial or documentary evidence or to the provisions of law alleged to be contrary to such findings or conclusions. (1a) Section 2. (2a) Section 3. — When less than all of the issues are ordered retried. — A motion for new trial or reconsideration shall be resolved within thirty (30) days from the time it is submitted for resolution. (n) RULE 38 Relief from Judgments. or Other Proceedings Section 1. Partial new trial or reconsideration. it may amend such judgment or final order accordingly. order. A motion for the cause mentioned in paragraph (a) of the preceding section shall be supported by affidavits of merits which may be rebutted by affidavits. accident. Contents of motion for new trial or reconsideration and notice thereof. — When a judgment or final order is entered. or less than an of the matter in controversy. — When a judgment or final order is rendered by any court in a case. Orders. (7a) Section 9. Resolution of motion. 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. insofar as the same is material and competent to establish the issues. Effect of granting of motion for new trial. or stay the enforcement of such judgment or final order until after the new trial. — The trial court may set aside the judgment or final order and grant a new trial. (3a) Section 4. — A motion for new trial shall include all grounds then available and those not so included shall be deemed waived. or other proceedings. Second motion for new trial. the aggrieved party may move the trial court to set aside the judgment or final order and grant a new trial for one or more of the following causes materially affecting the substantial rights of said party: (a) Fraud. upon such terms as may be just. or (b) Newly discovered evidence. mistake. that the evidence is insufficient to justify the decision or final order. Grounds of and period for filing motion for new trial or reconsideration. may be filed within the time herein provided excluding the time during which the first motion had been pending. A pro forma motion for new trial or reconsideration shall not toll the reglementary period of appeal. which he could not. a written notice of which shall be served by the movant on the adverse party. Within the same period. IRG) Section 6. (5a) Section 7. 4. Petition for relief from denial of appeal. the aggrieved party may also move for reconsideration upon the grounds that the damages awarded are excessive. have discovered and produced at the trial. the court may order a new trial or grant reconsideration as to such issues if severable without interfering with the judgment or final order upon the rest. or by duly authenticated documents which are proposed to be introduced in evidence. based on a ground not existing nor available when the first motion was made. or less than all. shall be used at the new trial without retaking the same. with reasonable diligence. Petition for relief from judgment. No party shall be allowed a second motion for reconsideration of a judgment or final order (4a. — The motion shall be made in writing stating the ground or grounds therefor. or that the decision or final order is contrary to law. — If the grounds for a motion under this Rule appear to the court to affect the issues as to only a part. (n) Section 5. and a party . the remedy being an appeal from the judgment or final order. — Within the period for taking an appeal. and the action shall stand for trial de novo. (2a) Section 2. If the court finds that excessive damages have been awarded or that the judgment or final order is contrary to the evidence or law. — An order denying a motion for new trial or reconsideration is not appealed. order or proceeding be set aside. of the parties to it.Section 1. or only one. Action upon motion for new trial or reconsideration. mistake or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in his rights. (6a) Section 8.

the execution may forthwith be applied for in the court of origin. Proceedings after answer is filed. After the trial court has lost jurisdiction the motion for execution pending appeal may be filed in the appellate court. the petition shall be dismissed. by fraud. final order or other proceeding had never been rendered. or excusable negligence. The court shall then proceed to hear and determine the case as if a timely motion for a new trial or reconsideration had been granted by it. submitting therewith certified true copies of the judgment or judgments or final order or orders sought to be enforced and of the entry thereof. accident. it shall set aside the judgment or final order or other proceeding complained of upon such terms as may be just. Discretionary execution may only issue upon good reasons to be stated in a special order after due hearing. The appellate court may. — On motion of the prevailing party with notice to the adverse party filed in the trial court while it has jurisdiction over the case and is in possession of either the original record or the record on appeal. — Discretionary execution issued under the preceding section may be stayed upon approval by the proper court of a sufficient supersedeas bond filed by the party against whom it is directed. — After the filing of the answer or the expiration of the period therefor. Execution upon judgments or final orders. together with copies of the petition and the accompanying affidavits. (1a) If the appeal has been duly perfected and finally resolved. and not more than six (6) months after such judgment or final order was entered. when the interest of justice so requires. order execution of a judgment or final order even before the expiration of the period to appeal. issued or taken. — Where the denial of an appeal is set aside. in its discretion. final order. and the facts constituting the petitioner's good and substantial cause of action or defense. — If the petition is sufficient in form and substance to justify relief. it finds that the allegations thereof are not true. — The court in which the petition is filed may grant such preliminary injunction as may be necessary for the preservation of the rights of the parties. separate or partial judgment may be executed under the same terms and conditions as execution of a judgment or final order pending appeal. accident. with notice to the adverse party. conditioned that if the petition is dismissed or the petitioner fails on the trial of the case upon its merits. 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. — A petition provided for in either of the preceding sections of this Rule must be verified. or other proceeding to be set aside. said court may. or motion. as the case may be. Satisfaction and Effect of Judgments Section 1.thereto. he may file a petition in such court and in the same case praying that the appeal be given due course. mistake. upon the filing by the petitioner of a bond in favor of the adverse party. The order shall be served in such manner as the court may direct. (2a) Section 3. but if it finds said allegations to be true. Discretionary execution. 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. Preliminary injunction pending proceedings. on motion of the judgment obligee. (n) Section 2. and must be accompanied with affidavits showing the fraud. — Execution shall issue as a matter of right. the property. (6a) Section 7. — (a) Execution of a judgment or final order pending appeal. or such proceeding was taken. The bond thus given may be proceeded against on motion with notice to the surety. or excusable negligence relied upon. (5a) Section 6. Stay of discretionary execution. at the time of the filing of such motion. conditioned upon the performance of the judgment or order allowed to be executed in case it shall be finally sustained in whole or in part. Order to file an answer. but such injunction shall not operate to discharge or extinguish any lien which the adverse party may have acquired upon. contents and verification. 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 proper appeal had been made. (7a) RULE 39 Execution. on motion in the same case. separate or partial judgments. Procedure where the denial of an appeal is set aside. Time for filing petition. the court shall hear the petition and if after such hearing. mistake. Thereafter the case shall stand as if such judgment. (b) Execution of several. (3) Section 4. the court in which it is filed. direct the court of origin to issue the writ of execution. as the case may be. (1a) Section 3. (3a ) . — A several. filed within sixty (60) days after the petitioner learns of the judgment. shall issue an order requiring the adverse parties to answer the same within fifteen (15) days from the receipt thereof. (4a) Section 5. of the petitioner. has been prevented from taking an appeal.

On appeal therefrom. out of such property. with interest. the appellate court in its discretion may make an order suspending. and apply the proceeds in conformity with the judgment. and (e) In all cases. (2) state the name of the court. and (3) require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms. and such other judgments as are now or may hereafter be declared to be immediately executory. — (a) Immediate payment on demand. modifying. The judgment obligor shall pay in cash. to the party entitled thereto. heirs. rents. how enforced. against his executor or administrator or successor in interest. The lawful fees shall 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 issued the writ. unless otherwise ordered by the trial court. or successor in interest. — A final and executory judgment or order may be executed on motion within five (5) years from the date of its entry. costs. — Where the executed judgment is reversed totally or partially. or if the same is not practicable. restoring or granting the injunction. describing it. Execution of judgments for money. (b) In case of the death of the judgment obligor. Execution by motion or by independent action. Issuance. devisees. accounting. — The writ of execution shall: (1) issue in the name of the Republic of the Philippines from the court which granted the motion. aside from the principal obligation under the judgment. or trustees of the judgment obligor. After the lapse of such time. (b) If it be against real or personal property in the hands of personal representatives.(8a) Section 9. or the enforcement of a lien thereon. the same may be sold for the satisfaction of the judgment obligation. legatees. or profits due as of the date of the issuance of the writ. (4a) Section 5. (7a) Section 8. then out of the real property.Section 4. after execution is actually levied upon any of his property. and the officer making the sale shall account to the corresponding executor or administrator for any surplus in his hands. — In case of the death of a party. in the manner hereinafter provided: (a) If the execution be against the property of the judgment obligor. receivership. certified bank check payable to the judgment obligee. accounting and support. on appeal or otherwise. to deliver the possession of the same. the material parts of which shall be recited in the writ of execution. shall be enforceable after their rendition and shall not. a judgment may be enforced by action. execution may issue or be enforced in the following manner: (a) In case of the death of the judgment obligee. and to satisfy any costs. or any other form of payment acceptable to the latter. the amount of the judgment debt under proper receipt directly to the judgment obligee or his authorized representative if present at the time of payment. on motion. receivership. or award of support. Judgments not stayed by appeal. Execution in case of death of party. Effect of reversal of executed judgment. 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 party. form and contents of a writ of execution. upon the application of his executor or administrator. the writ of execution shall specifically state the amount of the interest. rents. — The officer shall enforce an execution of a judgment for money by demanding from the judgment obligor the immediate payment of the full amount stated in the writ of execution and all lawful fees. tenants. to satisfy the judgment. be stayed by an appeal taken therefrom. For this purpose. (5a) Section 6. damages. the motion for execution shall specify the amounts of the foregoing reliefs sought by the movant. and before it is barred by the statute of limitations. the dispositive part of the subject judgment or order. (d) If it be for the delivery of the possession of real or personal property. damages. the judgment obligor shall deliver the aforesaid payment to the executing sheriff. (c) In case of the death of the judgment obligor. the trial court may. deposit said amounts to a . if the judgment be for the recovery of real or personal property. The revived judgment may also be enforced by motion within five (5) years from the date of its entry and thereafter by action before it is barred by the statute of limitations. issue such orders of restitution or reparation of damages as equity and justice may warrant under the circumstances. The latter shall turn over all the amounts coming into his possession within the same day to the clerk of court of the court that issued the writ. (c) If it be for the sale of real or personal property to sell such property describing it. or annulled. and if sufficient personal property cannot be found. or profits covered by the judgment out of the personal property of the person against whom it was rendered. — Judgments in actions for injunction. out of the real or personal property of such judgment obligor. If the judgment obligee or his authorized representative is not present to receive payment. the case number and title. with interest. (6a) Section 7.

sufficient to satisfy the judgment. the officer shall not destroy. debts. and place the judgment obligee in possession of such property. to sell such property. When there is more property of the judgment obligor than is sufficient to satisfy the judgment and lawful fees. — The officer may levy on debts due the judgment obligor and other credits. if available. — If the judgment obligor cannot pay all or part of the obligation in cash. the officer shall oust all such persons therefrom with the assistance. and employing such means as may be reasonably necessary to retake possession. the court in lieu of directing a conveyance thereof may by an order divest the title of any party and vest it in others. The garnishment shall cover only such amount as will satisfy the judgment and all lawful fees. — If the judgment be for the sale of real or personal property. (8a. shares. delivery of deeds. The sheriff shall sell only a sufficient portion of the personal or real property of the judgment obligor which has been levied upon. — (a) Conveyance. (b) Satisfaction by levy.fiduciary account in the nearest government depository bank of the Regional Trial Court of the locality. if any. describing it. the report shall state how much funds or credits the garnishee holds for the judgment obligor. — If a judgment directs a party to execute a conveyance of land or personal property. In the event there are two or more garnishees holding deposits or credits sufficient to satisfy the judgment. shall be delivered to the judgment obligor while the lawful fees shall be retained by the clerk of court for disposition as provided by law. except the lawful fees which shall be paid directly to the court. of for value and not otherwise exempt from execution giving the latter the option to immediately choose which property or part thereof may be levied upon. — 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 vacate the property within three (3) working days. and restore possession thereof to the judgment obligee. Real property. and the party fails to comply within the time specified. (13a) (d) Removal of improvements on property subject of execution. (14a) . and then on the real properties if the personal properties are insufficient to answer for the judgment. Levy shall be made by serving notice upon the person owing such debts or having in his possession or control such credits to which the judgment obligor is entitled. the choice shall be made by the judgment obligee. shall have the right to indicate the garnishee or garnishees who shall be required to deliver the amount due. demolish or remove said improvements except upon special order of the court. which shall have the force and effect of a conveyance executed in due form of law. including bank deposits. 15a) Section 10. may be levied upon in like manner and with like effect as under a writ of attachment. the judgment obligor. The garnished amount in cash. stocks. any other specific act in connection therewith. or certified bank check issued in the name of the judgment obligee. the officer shall levy upon the properties of the judgment obligor of every kind and nature whatsoever which may be disposed. credits. If the judgment obligor does not exercise the option. Any costs. (8[c]a) (c) Delivery or restitution of real property. In no case shall the executing sheriff demand that any payment by check be made payable to him. issued upon motion of the judgment obligee after the hearing and after the former has failed to remove the same within a reasonable time fixed by the court. if any. — When the property subject of the execution contains improvements constructed or planted by the judgment obligor or his agent. financial interests. royalties. or to deliver deeds or other documents. damages. he must sell only so much of the personal or real property as is sufficient to satisfy the judgment and lawful fees. if necessary. otherwise. Execution of judgments for specific act. The clerk of said court shall thereafter arrange for the remittance of the deposit to the account of the court that issued the writ whose clerk of court shall then deliver said payment to the judgment obligee in satisfaction of the judgment. and apply the proceeds in conformity with the judgment. The executing sheriff shall observe the same procedure under paragraph (a) with respect to delivery of payment to the judgment obligee. (c) Garnishment of debts and credits. If real or personal property is situated within the Philippines. shall be delivered directly to the judgment obligee within ten (10) working days from service of notice on said garnishee requiring such delivery. the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done shall have like effect as if done by the party. of appropriate peace officers. vesting title. certified bank check or other mode of payment acceptable to the judgment obligee. otherwise. (10a) (b) Sale of real or personal property. The excess. or any interest in either real or personal property. If not. The garnishee shall make a written report to the court within five (5) days from service of the notice of garnishment stating whether or not the judgment obligor has sufficient funds or credits to satisfy the amount of the judgment. or to perform. rents or profits awarded by the judgment shall be satisfied in the same manner as a judgment for money. commissions and other personal property not capable of manual delivery in the possession or control of third parties. and other personal property. or other specific acts. the officer shall first levy on the personal properties.

shall be exempt from execution: (a) The judgment obligor's family home as provided by law. (11a) Section 15. or other beasts of burden. or three carabaos. engineers. (12a) Section 14. The returns or periodic reports shall set forth the whole of the proceedings taken. dentists. or by law. — Before the sale of property on execution. or any pension or gratuity from the Government. — In judgment for the delivery of personal property. post office and public market in the municipality or city where the sale is to take place. Effect of levy on execution as to third person. to obey the same. wages. (e) Household furniture and utensils necessary for housekeeping. for such time as may be reasonable. or its effectivity expires. of a value not exceeding one hundred thousand pesos. Notice of sale of property on execution. (c) Three horses. and used for that purpose by the judgment obligor and his family. employment. and no other. or annuities accruing or in any manner growing out of any life insurance. lawyers. (d) His necessary clothing and articles for ordinary personal use. (b) Ordinary tools and implements personally used by him in his trade. by posting written notice of the time and place of the sale in three (3) public places. clergymen. such as the judgment obligor may select. the officer shall take possession of the same and forthwith deliver it to the party entitled thereto and satisfy any judgment for money as therein provided. the officer shall report to the court and state the reason therefor. . or livelihood. and such party or person may be punished for contempt if he disobeys such judgment. — Except as otherwise expressly provided by law. or the homestead in which he resides. (b) In case of other personal property. or three cows. by posting a similar notice in the three (3) public places above-mentioned for not less than five (5) days. a certified copy of the judgment shall be attached to the writ of execution and shall be served by the officer upon the party against whom the same is rendered. or upon any other person required thereby. surveyors. Property exempt from execution. preferably in conspicuous areas of the municipal or city hall. benefits. — When a judgment requires the performance of any act other than those mentioned in the two preceding sections. Return of writ of execution. and other professionals. 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. (m) Properties specially exempted by law. title and interest of the judgment obligor in such property at the time of the levy. (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. (i) So much of the salaries. If the judgment cannot be satisfied in full within thirty (30) days after his receipt of the writ. physicians. excluding jewelry. (f) Provisions for individual or family use sufficient for four months. (k) Monies. the following property. The officer shall make a report to the court every thirty (30) days on the proceedings taken thereon until the judgment is satisfied in full. Execution of special judgments. — The writ of execution shall be returnable to the court issuing it immediately after the judgment has been satisfied in part or in full. (16a) Section 13. — The levy on execution shall create a lien in favor of the judgment obligee over the right. subject to liens and encumbrances then existing. privileges. (l) The right to receive legal support. (8a) Section 11. not exceeding three hundred thousand pesos in value. teachers. such as the judgment obligor may select necessarily used by him in his ordinary occupation. pharmacists. notice thereof must be given as follows: (a) In case of perishable property. (g) The professional libraries and equipment of judges. (9a) Section 12.(e) Delivery of personal property. and land necessarily used in connection therewith. and shall be filed with the court and copies thereof promptly furnished the parties. 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. or money or property obtained as such support. Such writ shall continue in effect during the period within which the judgment may be enforced by motion. (j) Lettered gravestones. considering the character and condition of the property.

The officer shall not be liable for damages for the taking or keeping of the property. When the sale is of real property. and in case the sheriff or levying officer is sued for damages as a result of the levy. by publishing a copy of the notice once a week for two (2) consecutive weeks in one newspaper selected by raffle. consisting of several known lots. — When the purchaser is the judgment obligee. or any major regional language published. .00) pesos to any person injured thereby. at least three (3) days before the sale. nor be interested directly or indirectly in any purchase at such sale. After sufficient property has been sold to satisfy the execution. Nothing herein contained shall prevent such claimant or any third person from vindicating his claim to the property in a separate action. can become a purchaser. No sale if judgment and costs paid. and no third-party claim has been filed. unless the execution has been fully satisfied. to start at the exact time fixed in the notice. whether in English.00) pesos to any person injured by reason thereof. (21a) Section 20. In case of disagreement as to such value. or. both to be recovered by motion in the same action. In the absence of such agreement. stating the grounds of such right or title. the officer may again sell the property to the highest bidder and shall not be responsible for any loss occasioned thereby. real or personal shall be sold. The notice shall specify the place. it must be sold within view of those attending the same and in such parcels as are likely to bring the highest price. the sale shall be held in the place where the property is located. in which event such proceeds shall be for the benefit of the judgment obligor. having general circulation in the province or city. they must be sold separately. files a bond approved by the court to indemnity the third-party claimant in a sum not less than the value of the property levied on. he may require it to be sold separately. edited and circulated or. no more shall be sold and any excess property or proceeds of the sale shall be promptly delivered to the judgment obligor or his authorized representative. to be recovered by motion in the same action. Judgment obligee as purchaser. or before the satisfaction of the judgment if it be satisfied before the sale. when such property consists of several known lots or parcels which can be sold to advantage separately. (20a) Section 19. Penalty for selling without notice. The amount of such payment shall be for the benefit of the person entitled to the proceeds of the execution. shall be liable to pay five thousand (P5. if done before the sale. — If a purchaser refuses to pay the amount bid by him for property struck off to him at a sale under execution. — An officer 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. if present at the sale. to the highest bidder. When the writ of execution is issued in favor of the Republic of the Philippines. and may punish him for contempt if he disobeys the order. he shall pay only the excess. (d) In all cases. in addition to his actual damages. (17a) Section 17. the same shall be determined by the court issuing the writ of execution. In the case of personal property capable of manual delivery. When the sale is of personal property capable of manual delivery.00) pesos. the actual damages adjudged by the court shall be paid by the National Treasurer out of such funds as may be appropriated for the purpose. and serves the same upon the officer making the levy and copy thereof.(c) In case of real property. the officer shall not be bound to keep the property.000. in addition to his actual damages. (19a) Section 18. when a portion of such real property is claimed by a third person. and if the assessed value of the property exceeds fifty thousand (P50. he shall be represented by the Solicitor General and if held liable therefor. The place of the sale may be agreed upon by the parties. and a serves the same upon the officer making the levy and a copy thereof upon the judgment obligee. — At any time before the sale of property on execution. written notice of the sale shall be given to the judgment obligor. — If the property levied on is claimed by any person other than the judgment obligor or his agent. Proceedings where property claimed by third person. may direct the order in which property. and such person makes an affidavit of his title thereto or right to the possession thereof. but the court may order the refusing purchaser to pay into the court the amount of such loss. unless otherwise directed by the judgment or order of the court. he need not pay the amount of the bid if it does not exceed the amount of his judgment. No claim for damages for the taking or keeping of the 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. — All sales of property under execution must be made at public auction. Filipino. (22a) Section 21. 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. If it does. or removing or defacing notice. Neither the officer conducting the execution sale. on demand of the officer. The officer may thereafter reject any subsequent bid of such purchaser who refuses to pay. the filing of such bond shall not be required. in the absence thereof. 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 the afternoon. How property sold on execution. or prevent the judgment obligee from claiming damages in the same or a separate action against a third-party claimant who filed a frivolous or plainly spurious claim. who may direct manner and order of sale. The judgment obligor. the sale of the property or personal property not capable 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 of or which was designated by the appellate court. (18a) Section 16. the judgment obligor may prevent the sale by paying the amount required by the execution and the costs that have been incurred therein.000. nor his deputies. and a person willfully removing or defacing the notice posted. to any third-party claimant if such bond is filed. unless such judgment obligee. with costs. or any officer duly representing it. Refusal of purchaser to pay.000. stating the grounds of such right or tittle. except as provided in paragraph (a) hereof where notice shall be given the same manner as personal service of pleadings and other papers as provided by section 6 of Rule 13.

— When the purchaser of any personal property. and in addition. subsequent to the lien under which the property was sold. Such certificate must be registered in the registry of deeds of the place where the property is situated. (c) The whole price paid by him. or their duly authorized representatives. the officer must give to the purchaser a certificate of sale containing: (a) A particular description of the real property sold. the certificate of sale to be issued by the sheriff pursuant to sections 23. Conveyance to purchaser of personal property capable of manual delivery. and amounts payable on. — Real property sold as provided in the last preceding section. no further redemption shall be allowed and he is restored to his estate. other than the judgment under which such purchase was made. on paying the sum paid on the last previous redemption. (25a) Section 24. Such certificate conveys to the purchaser all the rights which the judgment obligor had in such property as of the date of the levy on execution or preliminary attachment. (26a) Section 25. or on some part thereof. — By written consent of the judgment obligor and obligee. redeemed from any previous redemptioner within sixty (60) days after the last redemption. to whom payments on redemption made. (30a) Section 29. not capable of manual delivery. (29a) Section 28. taxes. The property may be again. Certificate of sale where property claimed by third person. the officer may adjourn the sale to any date and time agreed upon by them. and if any assessments or taxes are paid by the redemptioner or if he has or acquires any lien other than that upon which the redemption was made. — The judgment obligor. and a certificate to be delivered and recorded thereupon. judgment or mortgage on the property sold. pays the purchase price. (b) A creditor having a lien by virtue of an attachment. the officer making the sale must deliver the property to the purchaser and. The sale conveys to the purchaser all the rights which the judgment obligor had in such property as of the date of the levy on execution or preliminary attachment. Time and manner of. up to the time of redemption. with two per centum thereon in addition. with interest thereon. may redeem the property from the purchaser. with interest. — When the purchaser of any personal property. with interest on such last named amount. with interest. Without such agreement. (24a) Section 23. by the following persons: (a) The judgment obligor. with interest. or redemptioner. notice thereof must in like manner be given to the officer and filed with the registry of deeds. notice to be given and filed. (b) The price paid for each distinct lot or parcel. the amount of any liens held by said last redemptioner prior to his own. at any time within one (1) year from the date of the registration of the certificate of sale. and interest on such last named amount at the same rate. (d) A statement that the right of redemption expires one (1) year from the date of the registration of the certificate of sale. The person to whom the . or any part thereof sold separately. he may adjourn the sale from day to day if it becomes necessary to do so for lack of time to complete the sale on the day fixed in the notice or the day to which it was adjourned. the officer making the sale must execute and deliver to the purchaser a certificate of sale. (28a) Section 27. capable of manual delivery. may be redeemed in the manner hereinafter provided. with two per centum thereon in addition and the amount of any assessments or taxes which the last redemptioner may have paid thereon after redemption by him. and if the purchaser be also a creditor having a prior lien to that of the redemptioner. and as often as a redemptioner is so disposed. if desired. Conveyance to purchaser of personal property not capable of manual delivery. execute and deliver to him a certificate of sale. 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. — If the judgment obligor redeems he must make the same payments as are required to effect a redemption by a redemptioner. by paying the purchaser the amount of his purchase. and the amount of any liens held by the last redemptioner prior to his own. the amount of such other lien.(23a) Section 22. Adjournment of sale. 24 and 25 of this Rule shall make express mention of the existence of such third-party claim. — Upon a sale of real property. the property may be redeemed without paying such assessments. together with the amount of any assessments or taxes which the purchaser may have paid thereon after purchase. — When a property sold by virtue of a writ of execution has been claimed by a third person. Who may redeem real property so sold. successive redemptions. certificate thereof given to purchaser and filed with registry of deeds. Effect of redemption by judgment obligor. with the per centum per month interest thereon in addition. or liens. whereupon. Such redeeming creditor is termed a redemptioner. pays the purchase price. or his successor in interest in the whole or any part of the property. and the amounts of any assessments or taxes which the last previous redemptioner paid after the redemption thereon. if such notice be not filed. Conveyance of real property. 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. (27 a) Section 26.

and when a judgment is upon an obligation of one of them. at a time and place within the province or city where such debtor resides or is found. (34a) Section 33. or other juridical entity. — When the return of a writ of execution against the property of a judgment obligor shows that the judgment remain unsatisfied. or one of them pays. as in other proper cases. Right to contribution or reimbursement. and in the latter case shall have the same validity as though the officer making the sale had continued in office and executed it. and more than a due proportion of the judgment is satisfied out of the proceeds of the sale of the property of one of them. he may compel a contribution from the others. — Until the expiration of the time allowed for redemption. waste restrained. the purchaser is entitled to a conveyance and possession of the property. with interest. earnings and income derived from the property pending redemption shall belong to the judgment obligor until the expiration of his period of redemption. if so redeemed whenever sixty (60) days have elapsed and no other redemption has been made. require such person. or. by an order. or other juridical entity has property of such judgment obligor or is indebted to him. he may on motion in the same action or in a separate action recover from the judgment obligee the price paid. and notice thereof given. the court may. (33a) Section 32. earnings and income of property pending redemption. or his successor in interest. or. on motion. — The purchaser or a redemptioner shall not be entitled to receive the rents. and be examined concerning the same. with or without notice. — When property liable to an execution against several persons is sold thereon. or person from whom he seeks to redeem. shows that the judgment remains unsatisfied. (38a) Section 37. (36a) Section 35. certified by the registrar of deeds. or because the judgment has been reversed or set aside. title. or because a third person has vindicated his claim to the property. and upon proof to the satisfaction of the court which issued the writ. Manner of using premises pending redemption. interest and claim of the judgment obligor to the property as of the time of the levy. — If no redemption be made within one (1) year from the date of the registration of the certificate of sale. — When the return of a writ of execution issued against property of a judgment obligor. Recovery of price if sale not effective. if he redeems upon a mortgage or other lien. or for him to the officer who made the sale. the purchaser or redemptioner shall be substituted to and acquire all the rights. during the period allowed for redemption. showing the amount then actually due on the lien. Deed and possession to be given at expiration of redemption period. Upon the expiration of the right of redemption. or any officer. or the value of the use and occupation thereof when such property is in the possession of a tenant. and the time for redemption has expired. certified by the clerk of the court wherein the judgment or final order is entered. and proceedings may thereupon be had for the application of the property and income of the judgment obligor towards the satisfaction of the judgment. restrain the commission of waste on the property by injunction. Proof required of redemptioner. requiring such judgment obligor to appear and be examined concerning his property and income before such court or before a commissioner appointed by it at a specified time and place. that a person. (37a) Section 36. shall be entitled to an order from the court which rendered the said judgment. to appear before the court or a commissioner appointed by it. or is evicted therefrom. (35a) Section 34. the judgment obligee. or so much thereof as has not been delivered to the judgment obligor. have the original judgment revived in his name for the whole price with interest. Rents. on the application of the purchaser or the judgment obligee. or he may. — If the purchaser of real property sold on execution. Examination of obligor of judgment obligor. more than his proportion. in consequence of irregularities in the proceedings concerning the sale. but in all cases the judgment obligor shall have the entire period of one (1) year from the date of the registration of the sale to redeem the property.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 conveyances of real property. and the surety pays the amount. or any one of several obligors in the same judgment. by whom executed or given. or to use it in the ordinary course of husbandry. fails to recover the possession thereof. The payments mentioned in this and the last preceding sections may be made to the purchaser or redemptioner. to continue to use it in the same manner in which it was previously used. — A redemptioner must produce to the officer. without a sale. either by sale of his property or before sale. (32a) Section 31. The service of the order shall bind all credits due the judgment obligor and all money and property . the last redemptioner is entitled to the conveyance and possession. or so much thereof as has been delivered to the judgment obligor. corporation. in whole or in part. (31a) Section 30. or to make the necessary repairs to buildings thereon while he occupies the property. but it is not waste for a person in possession of the property at the time of the sale. at any time after such return is made. Examination of judgment obligor when judgment unsatisfied. The judgment so revived shall have the same force and effect as an original judgment would have as of the date of the revival and no more. revival of judgment. he may compel repayment from the principal. Such certificate must be filed and recorded in the registry of deeds of the place in which the property is situated and the registrar of deeds must note the record thereof on the margin of the record of the certificate of sale. The possession of the property shall be given to the purchaser or last redemptioner by the same officer unless a third party adversely to the judgment obligor. or entitled to possession afterwards. The deed shall be executed by the officer making the sale or by his successor in office. corporation. the court may. a memorandum of the record thereof. But no judgment obligor shall be so required to appear before a court or commissioner outside the province or city in which such obligor resides or is found. and an affidavit executed by him or his agent. earnings and income of the property sold on execution. in whole or in part. and serve with his notice to the officer a copy of the judgment or final order under which he claims the right to redeem. or because the property sold was exempt from execution. or any part thereof. as security for another. or member thereof. All rents. or an original or certified copy of any assignment necessary to establish his claim.

. (41a) Section 40. Proceedings when indebtedness denied or another person claims the property. not exempt from execution. — The court may appoint a receiver of the property of the judgment obligor. Order for application of property and income to satisfaction of judgment. or the administration of the estate of a deceased person. (39a) Section 38. or to answer as a witness or to subscribe his deposition. (43a) Section 42. status or relationship of the person. may be punished for contempt as in other cases. subject to any prior rights over such property. — If it appears that a person or corporation. or in respect to the personal. however. and upon his failure to pay any such installment when due without good excuse. and such sale shall be conducted in all respects in the same manner as is provided for the sale of real state upon execution. and upon failure to obey such order or subpoena or to be sworn. Obligor may pay execution against obligee. Examinations shall not be unduly prolonged. the latter is also bound from the time that he has notice of the action or proceeding. or indorse an admission of the satisfaction as provided in the last preceding section. or by the court in which the action is brought. All examinations and answers before a court commissioner must be under oath. — When a judgment is rendered against a party who stands as surety for another. and the sheriff's receipt shall be a sufficient discharge for the amount so paid or directed to be credited by the judgment obligee on the execution. may punish him for indirect contempt. the will or administration or the condition.wise. — Whenever a judgment is satisfied in fact. Effect of judgments or final orders. the probate of a will or granting of letters of administration shall only be prima facie evidence of the death of the testator or intestate. — Satisfaction of a judgment shall be entered by the clerk of court in the court docket. the court may authorize. or any interference with. may be as follows: (a) In case of a judgment or final order against a specific thing. and the court may also require notice of such proceedings to be given to any party to the action in such manner as it may deem proper. — After a writ of execution against property has been issued. If the examination is before a commissioner. and the proceedings thereon shall be approved by the court before the execution of the deed. it appears that the earnings of the judgment obligor for his personal services are more than necessary for the support of his family. or of a corporation or other juridical entity. and it may also forbid a transfer or other disposition of.of the judgment obligor in the possession or in the control of such person corporation. or otherwise than upon an execution on demand of the judgment obligor. it must be on the oath of an authorized officer or agent thereof. the court may order that he pay the judgment in fixed monthly installments. (47a) Section 46. or money due him. — If it appears that the judgment obligor has an interest in real estate in the place in which proceedings are had. as mortgagor or mortgagee or other. forbid a transfer or other disposition of such interest or debt within one hundred twenty (120) days from notice of the order. (45a) Section 44. and when a corporation or other juridical entity answers. — A party or other person may be compelled. the property of the judgment obligor not exempt from execution. (42a) Section 41. the judgment obligee to institute an action against such person or corporation for the recovery of such interest or debt. in the hands of either himself or another person. to attend before the court or commissioner to testify as provided in the two preceding sections. (46a) Section 45. or upon the endorsement of such admission by the judgment obligee or his counsel. he must take it in writing and certify it to the court. (40a) Section 39. and an opportunity at the surety's request to join in the defense. or upon the filing of an admission to the satisfaction of the 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 authority is filed. — The court may order any property of the judgment obligor. (48a) Section 47. upon the return of a writ of execution showing the full satisfaction of the judgment. or legal condition or status of a particular person or his relationship to another. upon such terms as may be just. having jurisdiction to pronounce the judgment or final order. or in respect to the probate of a will. 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 thereof as may be necessary to satisfy the judgment. — The effect of a judgment or final order rendered by a court of the Philippines. Such order may be modified or vacated at any time by the court which issued it. and after notice and upon motion the court may order either the judgment obligee or his counsel to do so. by an order made to that effect. and may punish disobedience of such order as for contempt. alleged to have property of the judgment obligor or to be indebted to him. Entry of satisfaction of judgment by clerk of court. but the proceedings may be adjourned from time to time. When principal bound by judgment against surety. in the manner prescribed in section 9 of this Rule. and his interest therein can be ascertained without controversy the receiver may be ordered to sell and convey such real estate or the interest of the obligor therein. upon investigation of his current income and expenses. claims an interest in the property adverse to him or denied the debt. Enforcement of attendance and conduct of examination. or may order the entry of satisfaction to be made without such admission. to be applied to the satisfaction of the judgment. or juridical entity from the time of service. and in the execution book. Sale of ascertainable interest of judgment obligor in real estate. Appointment of receiver. political. until they are completed. (34a) Section 43. by an order or subpoena. the judgment obligee or his counsel must execute and acknowledge. If. on the face of the record of the judgment. the judgment or final order is conclusive upon the title to the thing. Entry of satisfaction with or without admission.

to the proper Regional Trial Court. — An appeal may be taken within fifteen (15) days after notice to the appellant of the judgment or final order appealed from. and the record on appeal where required. — Within fifteen (15) days from the perfection of the appeal. Effect of foreign judgments or final orders. the judgment or final order is. — Within the period for taking an appeal. The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. (n) Section 6. (a) Section 2. which he shall certify as complete. Duty of the clerk of court. — The appeal is taken by filing a notice of appeal with the court that rendered the judgment or final order appealed from. collusion. (n) Section 5. shall be served on the adverse party. A copy of his letter of transmittal of the records to the appellate court shall be furnished the parties. conclusive between the parties and their successors in interest. fraud. with respect to the matter directly adjudged or as to any other matter that could have been missed in relation thereto. No motion for extension of time to file a motion for new trial or reconsideration shall be allowed. (50a) Appeals RULE 40 Appeal From Municipal Trial Courts to the Regional Trial Courts Section 1. or clear mistake of law or fact. — The perfection of the appeal and the effect thereof shall be governed by the provisions of section 9. or which was actually and necessarily included therein or necessary thereto. Appellate court docket and other lawful fees. (49a) Section 48. (n) Section 7. The notice of appeal shall indicate the parties to the appeal. Procedure in the Regional Trial Court. (n) Section 4. Rule 41. — . and (c) In any other litigation between the same parties or their successors in interest. and state the material dates showing the timeliness of the appeal. Perfection of appeal. The form and contents of the record on appeal shall be as provided in section 6. by title subsequent to the commencement of the action or special proceeding. (n) Section 3. Copies of the notice of appeal. Proof of payment thereof shall be transmitted to the appellate court together with the original record or the record on appeal. Rule 41. — An appeal from a judgment or final order of a Municipal Trial Court may be taken to the Regional Trial Court exercising jurisdiction over the area to which the former pertains. Where a record on appeal is required. the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title. together with the transcripts and exhibits. having jurisdiction to render the judgment or final order is as follows: (a) In case of a judgment or final order upon a specific thing. — The effect of a judgment or final order of a tribunal of a foreign country. the judgment or final order. the clerk of court or the branch clerk of court of the lower court shall transmit the original record or the record on appeal. How to appeal. Where to appeal. 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 docket and other lawful fees. as the case may be. 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. and (b) In case of a judgment or final order against a person. A record on appeal shall be required only in special proceedings and in other cases of multiple or separate appeals. want of notice to the party. 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. When to appeal. In either case. but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee. The title of the case shall remain as it was in the court of origin.(b) In other cases. is conclusive upon the title to the thing. the judgment or final order or part thereof appealed from. the judgment or final order may be repelled by evidence of a want of jurisdiction. litigating for the same thing and under the same title and in the same capacity. effect thereof.

(b) Within fifteen (15) days from such notice. while the main case is pending. or any other ground vitiating consent. In case of affirmance and the ground of dismissal is lack of jurisdiction over the subject matter. or of a particular matter therein when declared by these Rules to be appealable. Within fifteen (15) days from receipt of the appellant's memorandum. the Regional Trial Court may affirm or reverse it. Appeal from orders dismissing case without trial.(a) Upon receipt of the complete record or the record on appeal. (n) Section 9. Subject of appeal. mistake or duress. unless the court allows an appeal therefrom. — The appeal to the Court of Appeals in cases decided 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 judgment or final order appealed from and serving a copy thereof upon the adverse party. The Regional Trial Court shall decide the case on the basis of the entire record of the proceedings had in the court of original and such memoranda as are filed. In such cases. (n) Section 2. (g) A judgment or final order for or against one or more of several parties or in separate claims. — An appeal may be taken from a judgment or final order that completely disposes of the case. the appellee may file his memorandum. or the expiration of the period to do so. lack of jurisdiction. (d) An order disallowing or dismissing an appeal. it shall be the duty of the appellant to submit a memorandum which shall briefly discuss the errors imputed to the lower court. — (a) Ordinary appeal. the aggrieved party may file an appropriate special civil action under Rule 65. the case shall be considered submitted for decision. cross-claims and third-party complaints. confession or compromise on the ground of fraud. as the case may be. (n) Section 8. In all the above instances where the judgment or final order is not appealable. — If an appeal is taken from an order of the lower court dismissing the case without a trial on the merits. the Regional Trial Court. (f) An order of execution. (b) An order denying a petition for relief or any similar motion seeking relief from judgment. Modes of appeal. — The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule 42. (b) Petition for review. the Regional Trial Court on appeal shall not dismiss the case if it has original jurisdiction thereof. Failure of the appellant to file a memorandum shall be a ground for dismissal of the appeal. . a copy of which shall be furnished by him to the adverse party. (c) Upon the filing of the memorandum of the appellee. the clerk of court of the Regional Trial Court shall notify the parties of such fact. No record on appeal shall be required except in special proceedings and other cases of multiple or separate appeals where law on these Rules so require. In case of reversal. counterclaims. without prejudice to the admission of amended pleadings and additional evidence in the interest of justice. and (h) An order dismissing an action without prejudice. Applicability of Rule 41. — The other provisions of Rule 41 shall apply to appeals provided for herein insofar as they are not inconsistent with or may serve to supplement the provisions of this Rule. (c) An interlocutory order. if it has jurisdiction thereover. but shall decide the case in accordance with the preceding section. (n) RULE 41 Appeal From The Regional Trial Courts Section 1. the case shall be remanded for further proceedings. the record on appeal shall be filed and served in like manner. No appeal may be taken from: (a) An order denying a motion for new trial or reconsideration. (e) An order denying a motion to set aside a judgment by consent. shall try the case on the merits as if the case was originally filed with it. If the case was tried on the merits by the lower court without jurisdiction over the subject matter.

and shall thereupon submit the redrafted record for approval. (6a) Section 7. effect thereof. (n) Section 3. as the case may be aid to make certification of its correctness.(c) Appeal by certiorari. form and contents thereof. Approval of record on appeal. Perfection of appeal. copies of only such pleadings. within the time limited in the order. — The notice of appeal shall indicate the parties to the appeal. — Where both parties are appellants. the appellant. — 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. No motion for extension of time to file a motion for new trial or reconsideration shall be allowed. the court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal. specify the judgment or final order or part thereof appealed from. shall redraft the record by including therein. Joint record on appeal. Every record on appeal exceeding twenty (20) pages must contain a subject index. Record on appeal. the record on appeal shall include by reference all the evidence. the appeal shall be to the Supreme Court by petition for review on certiorari in accordance with the Rule 45. or if no time is fixed by the order within ten (10) days from receipt thereof. In either case. in chronological order. — In all cases where only questions of law are raised or involved. The reference shall specify the documentary evidence by the exhibit numbers or letters by which it was identified when admitted or offered at the hearing. specify the court to which the appeal is being taken. If the whole testimonial and documentary evidence in the case is to be included. — The appeal shall be taken within fifteen (15) days from notice of the judgment or final order appealed from. the appellant shall file a notice of appeal and a record on appeal within thirty (30) days from notice of the judgment or final order. in their proper chronological sequence. The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. they may file a joint record on appeal within the time fixed by section 3 of this Rule. Period of ordinary appeal. in like manner as the original draft. permit appeals of indigent litigants. If the trial court orders the amendment of the record. and allow withdrawal of the appeal. Appellate court docket and other lawful fees. (4a) Section 6. the appellant shall pay to the clerk of the court which rendered the judgment or final order appealed from. taken upon the issue involved. In appeals by notice of appeal. . the court loses jurisdiction only over the subject matter thereof upon the approval of the records on appeal filed in due time and the expiration of the appeal of the other parties. approve compromises. the trial court may approve it as presented or upon its own motion or at the instance of the appellee. If an issue of fact is to be raised on appeal. (7a) Section 8. Duty of clerk of court of the lower court upon perfection of appeal. 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 due time. prior to the transmittal of the original record or the record on appeal. and state the material dates showing the timeliness of the appeal. transmitted to the appellate court. (8a) Section 9. In appeals by record on appeal. a statement to that effect will be sufficient without mentioning the names of the witnesses or the numbers or letters of exhibits. (b) To verify the completeness of the records that will be. such additional matters as the court may have directed him to incorporate. 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. Notice of appeal. — Within thirty (30) days after perfection of all the appeals in accordance with the preceding section. and the testimonial evidence by the names of the corresponding witnesses. testimonial and documentary. upon notice to the appellee. — 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. or that fixed by the court. (n) Section 5. the full amount of the appellate court docket and other lawful fees. (n) Section 4. may direct its amendment by the inclusion of any omitted matters which are deemed essential to the determination of the issue of law or fact involved in the appeal. the 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 other parties. or such extension thereof as may be granted. motions and all interlocutory orders as are related to the appealed judgment or final order for the proper understanding of the issue involved. Proof of payment of said fees shall be transmitted to the appellate court together with the original record or the record on appeal. — The full names of all the parties to the proceedings shall be stated in the caption of the record on appeal and it shall include the judgment or final order from which the appeal is taken and. Where a record on appeal is required. — Within the period for taking an appeal. together with such data as will show that the appeal was perfected on time. (9a) Section 10. order execution pending appeal in accordance with 2 of Rule 39. petitions.

If the efforts to complete the records fail. Copies of the transcripts and certified true copies of the documentary evidence shall remain in the lower court for the examination of the parties. (12a) Section 12. Dismissal of appeal. paying at the same time to the clerk of said court the corresponding docket and other lawful fees. or any other tribunal or agency. the trial court may motu propio or on motion dismiss the appeal for having been taken out of time. the Court of Appeals. he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom. and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court. within ten (10) days from notice. the Court of Appeals or different divisions thereof. — A party desiring to appeal from a decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction may file a verified petition for review with the Court of Appeals. or different divisions thereof. Effect of failure to comply with requirements. Form and contents. the requisite number of plain copies thereof and of the pleadings and other material portions of the record as would support the allegations of the petition. The petitioner shall also submit together with the petition a certification under oath that he has not theretofore commenced any other action involving the same issues in the Supreme Court. he shall indicate in his letter of transmittal the exhibits or transcripts not included in the records being transmitted to the appellate court. with the original copy intended for the court being indicated as such by the petitioner. the original documentary evidence referred to therein. together with the proof of payment of the appellate court docket and other lawful fees. — Prior to the transmittal of the original record or the record on appeal to the appellate court. availing of the authority that he or the court may exercise for this purpose. — The Court of Appeals may require the respondent to file a comment on the petition. Upon proper motion and the payment of the full amount of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days. certified correct by the clerk of court of the Regional Trial Court. the clerk shall immediately 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 record on appeal. the issues raised.(c) If found to be incomplete. the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. the specification of errors of fact or law. and the steps taken or that could be taken to have them available. (d) be accompanied by clearly legible duplicate originals or true copies of the judgments or final orders of both lower courts. Transcript. or both. The stenographers concerned shall transcribe such testimonial evidence and shall prepare and affix to their transcripts an index containing the names of the witnesses and the pages wherein their testimonies are found. The clerk of court shall furnish the parties with copies of his letter of transmittal of the records to the appellate court. the deposit for costs. How appeal taken. (b) indicate the specific material dates showing that it was filed on time. (n) Section 2. proof of service of the petition. — The clerk of the trial court shall transmit to the appellate court the original record or the approved record on appeal within thirty (30) days from the perfection of the appeal. the order of approval. or any other tribunal or agency. (n) Section 4. (n) Section 3. — Upon the perfection of the appeal. The petition shall be filed and served within fifteen (15) days from notice of the decision sought to be reviewed or of the denial of petitioner's motion for new trial or reconsideration filed in due time after judgment. and a list of the exhibits and the pages wherein each of them appears to have been offered and admitted or rejected by the trial court. depositing the amount of P500. and shall cause the pages to be numbered consecutively. the certificate of correctness. to take such measures as may be required to complete the records. time for filing. allegedly committed by the Regional Trial Court. the reasons for their non-transmittal. or dismiss the petition if it finds the same to be patently without merit. — The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees. and the reasons or arguments relied upon for the allowance of the appeal. (10a) Section 11. and the original and three (3) copies of the transcripts. a certified true copy of the minutes of the proceedings. and (d) To transmit the records to the appellate court. — The petition shall be filed in seven (7) legible copies. and furnishing the Regional Trial Court and the adverse party with a copy of the petition. (14a) RULE 42 Petition for Review From the Regional Trial Courts to the Court of Appeals Section 1. prosecuted . without impleading the lower courts or judges thereof either as petitioners or respondents. The transcripts shall be transmitted to the clerk of the trial court who shall thereupon arrange the same in the order in which the witnesses testified at the trial. and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof. not a motion to dismiss. he must state the status of the same.00 for costs. Action on the petition. (11a) Section 13. (c) set forth concisely a statement of the matters involved. and shall (a) state the full names of the parties to the case. if there is such other action or proceeding. Transmittal.

Submission for decision. Philippine Atomic Energy Commission. or from the date of its last publication. — This Rule shall not apply to judgments or final orders issued under the Labor Code of the Philippines. Cases not covered. — The appeal shall be taken within fifteen (15) days from notice of the award. and allow withdrawal of the appeal. final order or resolution. — If upon the filing of the comment or such other pleadings as the court may allow or require. (n) Section 4. Due course. the appeal shall stay the judgment or final order unless the Court of Appeals. Department of Agrarian Reform under Republic Act No. 6657. — If the petition is given due course. Where to appeal. — An appeal under this Rule may be taken to the Court of Appeals within the period and in the manner herein provided. Bureau of Patents. the Court of Appeals finds prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the appealed decision. or after the expiration of the period for the filing thereof without such comment or pleading having been submitted. and (c) state the reasons why the petition should not be given due course. if publication is required by law for its effectivity. and voluntary arbitrators authorized by law. order execution pending appeal in accordance with section 2 of Rule 39. accompanied by certified true copies of such material portions of the record referred to therein together with other supporting papers and shall (a) state whether or not he accepts the statement of matters involved in the petition. approve compromises. Civil Aeronautics Board. the Regional Trial Court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal. Period of appeal. Land Registration Authority. (n) Section 5. 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. The original copy of . — Appeal shall be taken by filing a verified petition for review in seven (7) legible copies with the Court of Appeals. Board of Investments. — The comment of the respondent shall be filed in seven (7) legible copies. permit appeals of indigent litigants. — This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards. A copy thereof shall be served on the petitioner. National Electrification Administration. Construction Industry Arbitration Commission. Only one (1) motion for reconsideration shall be allowed. — Whenever the Court of Appeals deems it necessary. judgments. Upon proper motion and the payment of the full amount of the docket fee before the expiration of the reglementary period. R41) (b) Except in civil cases decided under the Rule on Summary Procedure. (n) Section 7. Securities and Exchange Commission. before the Court of Appeals gives due course to the petition. of law. effect thereof. or these Rules shall provide otherwise. Scope. National Telecommunications Commission. Elevation of record. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days. Trademarks and Technology Transfer. the appeal is deemed perfected as to the petitioner. How appeal taken. Central Board of Assessment Appeals. However. (b) point out such insufficiencies or inaccuracies as he believes exist in petitioner's statement of matters involved but without repetition. Insurance Commission. — (a) Upon the timely filing of a petition for review and the payment of the corresponding docket and other lawful fees. Energy Regulatory Board. with proof of service of a copy thereof on the adverse party and on the court or agency a quo. (n) RULE 43 Appeals From the Court of Tax Appeals and Quasi-Judicial Agencies to the Court of Appeals Section 1. Perfection of appeal. the law. Agricultural Invention Board. Social Security Commission. the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. (a) Section 6. (n) Section 8. whether the appeal involves questions of fact. the Court of Appeals may set the case for oral argument or require the parties to submit memoranda within a period of fifteen (15) days from notice. Government Service Insurance System. Office of the President. (9a. Employees Compensation Commission. or mixed questions of fact and law. final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. Contents of comment. (n) Section 5. (n) Section 2. judgment. Among these agencies are the Civil Service Commission. (a) Section 9. 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 other parties. (n) Section 3. it may accordingly give due course to the petition. or that the questions raised therein are too insubstantial to require consideration.manifestly for delay. 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. The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum required by these Rules or by the court itself.

The comment shall (a) point out insufficiencies or inaccuracies in petitioner's statement of facts and issues. and (b) state the reasons why the petition should be denied or dismissed. Submission for decision. the Court of Appeals may set the case for oral argument or require the parties to submit memoranda within a period of fifteen (15) days from notice. and (d) contain a sworn certification against forum shopping as provided in the last paragraph of section 2. judgment. The petition shall state the specific material dates showing that it was filed within the period fixed herein. the title of the case shall remain as it was in the court of origin. judgment. Effect of failure to comply with requirements. it shall dismiss the same. the Court of Appeals may require the court or agency concerned to transmit the original or a legible certified true copy of the entire record of the proceeding under review. Upon the filing of the petition. Contents of the petition. within ten (10) days from notice. — If the petition is given due course. (8a) Section 12. final order or resolution sought to be reviewed. without impleading the court or agencies either as petitioners or respondents. Due course.00 for costs. (1a. proof of service of the petition. (n) Section 6. shall be binding on the Court of Appeals. R46) . (n) Procedure in the Court of Appeals RULE 44 Ordinary Appealed Cases Section 1. Rule 42. 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. final order or resolution appealed from. (c) be accompanied by a clearly legible duplicate original or a certified true copy of the award. The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum required by these Rules or by the court of Appeals.the petition intended for the Court of Appeals shall be indicated as such by the petitioner. (n) Section 8. together with certified true copies of such material portions of the record referred to therein and other supporting papers. If the Court of Appeals denies the motion. and proof of such service shall be filed with the Court of Appeals. prosecuted manifestly for delay. (2a. judgment. 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. (9a) Section 10. — The counsel and guardians ad litem of the parties in the court of origin shall be respectively considered as their counsel and guardians ad litem in the Court of Appeals. — The appeal shall not stay the award. and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof. When others appear or are appointed. Effect of appeal. Counsel and guardians. — In all cases appealed to the Court of Appeals under Rule 41. when supported by substantial evidence. The Court of Appeals may require or permit subsequent correction of or addition to the record. the petitioner shall pay the docketing and other lawful fees and deposit for costs within fifteen (15) days from notice of the denial. — The Court of Appeals may require the respondent to file a comment on the petition not a motion to dismiss. (10a) Section 13. — Within fifteen (15) days from notice that the petition has been given due course. — 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 expiration of the period for the filing thereof. The findings of fact of the court or agency concerned. — 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. final order or resolution sought to be reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just. Contents of comment. (2a) Section 7. R46) Section 2. (b) contain a concise statement of the facts and issues involved and the grounds relied upon for the review. — The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees. or that the questions raised therein are too unsubstantial to require consideration. (n) Section 11. but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee. The record to be transmitted may be abridged by agreement of all parties to the proceeding. Action on the petition. otherwise. it may give due course to the petition. Transmittal of record. — The petition for review shall (a) state the full names of the parties to the case. Title of cases. A copy thereof shall be served on the petitioner. and on the records the Court of Appeals finds prima facie that the court or agency concerned has committed errors of fact or law that would warrant reversal or modification of the award. or dismiss the petition if it finds the same to be patently without merit. notice thereof shall be served immediately on the adverse party and filed with the court. (6a) Section 9. the deposit for costs.

may declare that the record and its accompanying transcripts and exhibits so far available are sufficient to decide the issues raised in the appeal. quo warranto and habeas corpus cases. either party may file a motion with the trial court." the appellant's arguments on each assignment of error with page references to the record. R46) Within ten (10) days from receipt of said notice. the parties shall file in lieu of briefs. (n) Section 11. (12a. — Where the record of the docketed case is incomplete. which errors shall be separately. a summary of the proceedings. Time of filing memoranda in special cases. Any unauthorized alteration. are attached to the record. — Extension of time for the filing of briefs will not be allowed. seven (7) copies of his legibly typewritten. (4a. Order of transmittal of record. 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. the nature of the judgment and any other matters necessary to an understanding of the nature of the controversy with page references to the record. R46) Section 4. — It shall be the duty of the appellant to file with the court. Appellee's brief. copies of the brief may be served upon any of them. as well as the proof of payment of the docket and other lawful fees. the following: (a) A subject index of the matter in the brief with a digest of the arguments and page references. (3a. Appellant's brief. on its own motion or on motion of any of the parties. with page references to the record. with notice to the other. When several counsel represent one appellant or appellee. R46) Section 9. — Upon receiving the original record or the record on appeal and the accompanying documents and exhibits transmitted by the lower court. together with the substance of the proof relating thereto in sufficient detail to make it clearly intelligible. mimeographed or printed brief. and shall issue an order explaining the reasons for such declaration. (n) Section 5. and only if the motion for extension is filed before the expiration of the time sought to be extended. R46) Section 13. the court. distinctly and concisely stated without repetition and numbered consecutively. with proof of service of two (2) copies thereof upon the appellant. each counsel representing one or more but not all of them shall be served with only one copy of the briefs. textbooks and statutes cited with references to the pages where they are cited. R46) Section 8. . oral and documentary. (b) An assignment of errors intended to be urged. (13a. (e) A clear and concise statement of the issues of fact or law to be submitted. — Where there are several appellants or appellees. the clerk of court of the Court of Appeals shall so inform said court and recommend to it measures necessary to complete the record. (n) Section 7. Extension of time for filing briefs. for the transmittal of such record or record on appeal. It shall be the duty of said court to take appropriate action towards the completion of the record within the shortest possible time. — If the original record or the record on appeal is not transmitted to the Court of Appeals within thirty (30) days after the perfection of the appeal. in the order herein indicated. mandamus. shall file with the clerk of court seven (7) clearly legible copies of the approved record on appeal. the clerk of court of the Court of Appeals shall docket the case and notify the parties thereof. R46) The failure of the appellant to file his memorandum within the period therefor may be a ground for dismissal of the appeal." a clear and concise statement in a narrative form of the facts admitted by both parties and of those in controversy. and a table of cases alphabetically arranged. the appellant may file a reply brief answering points in the appellee's brief not covered in his main brief. R46) Section 10. oral and documentary. to the court for its judgment. R46) Section 12. (d) Under the heading "Statement of Facts. Docketing of case. (c) Under the heading "Statement of the Case.Section 3. omission or addition in the approved record on appeal shall be a ground for dismissal of the appeal. (n) Section 6. (15. — Within twenty (20) days from receipt of the appellee's brief." a clear and concise statement of the nature of the action. within forty-five (45) days from receipt of the notice of the clerk that all the evidence. — Within forty-five (45) days from receipt of the appellant's brief. — In certiorari. the appealed rulings and orders of the court. Dispensing with complete record. (f) Under the heading "Argument. the appellee shall file with the court seven (7) copies of his legibly typewritten. except for good and sufficient cause. The authorities relied upon shall be cited by the page of the report at which the case begins and the page of the report on which the citation is found. the appellant. Appellant's reply brief. Several appellants or appellees or several counsel for each party. (10a. — The appellant's brief shall contain. Contents of appellant's brief. with proof of service of two (2) copies thereof upon the appellee. Completion of record. together with the proof of service of two (2) copies thereof upon the appellee. in appeals by record on appeal. prohibition. (11a. — 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. (14a. is already attached to the record. mimeographed or printed brief.

(18. with the original copy intended for the court being indicated as such by the petitioner and shall (a) state the full name of the appealing party as the petitioner and the adverse party as respondent. proof of service of petition. (16a. On motion duly filed and served. without impleading the lower courts or judges thereof either as petitioners or respondents. Filing of petition with Supreme Court. was filed and when notice of the denial thereof was received. but without repetition of matters in the appellant's statement of facts." he shall point out such insufficiencies or inaccuracies as he believes exist in the appellant's statement of facts with references to the pages of the record in support thereof. proof of service of the petition. if any. Questions that may be raised on appeal. the Sandiganbayan. — Whether or not the appellant has filed a motion for new trial in the court below he may include in his assignment of errors any question of law or fact that has been raised in the court below and which is within the issues framed by the parties. Review discretionary. (1a." the appellee shall set forth his arguments in the case on each assignment of error with page references to the record. R46) Section 14. may file with the Supreme Court a verified petition for review on certiorari. Docket and other lawful fees. the Supreme Court may for justifiable reasons grant an extension of thirty (30) days only within which to file the petition. or is prosecuted manifestly for delay. Proof of service of a copy. extension. with full payment of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period. R46) RULE 45 Appeal by Certiorari to the Supreme Court Section 1. while neither controlling nor fully measuring the court's discretion. — The petition shall be filed within fifteen (15) days from notice of the judgment or final order or resolution appealed from. or a certified true copy of the judgment or final order or resolution certified by the clerk of court of the court a quo and the requisite number of plain copies thereof. and the reasons or arguments relied on for the allowance of the petition. the Regional Trial Court or other courts whenever authorized by law. (1a) Section 4. indicate the character of the reasons which will be considered: . — The petition shall be filed in eighteen (18) copies. — A review is not a matter of right. The petition shall raise only questions of law which must be distinctly set forth. — A party desiring to appeal by certiorari from a judgment or final order or resolution of the Court of Appeals. The following. 5a) Section 3. (d) be accompanied by a clearly legible duplicate original. and a table of cases alphabetically arranged. a copy of the judgment or final order appealed from. — The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees." a specification of the order or judgment which the appellant seeks. R46) Section 15. (3a) Section 6. Time for filing. and (h) In cases not brought up by record on appeal. and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof. Dismissal or denial of petition. as an appendix. The Supreme Court may on its own initiative deny the petition on the ground that the appeal is without merit. the appellant's brief shall contain. — Unless he has theretofore done so. (17a. (b) indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received. or under the heading "Counter-Statement of Facts. 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. or that the questions raised therein are too unsubstantial to require consideration. Contents of petition. textbooks and statutes cited with references to the pages where they are cited. Rule 42." the appellee shall state that he accepts the statement of facts in the appellant's brief. and (e) contain a sworn certification against forum shopping as provided in the last paragraph of section 2. thereof on the lower court concerned and on the adverse party shall be submitted together with the petition.(g) Under the heading "Relief.00 for costs at the time of the filing of the petition. (2a) Section 5. and will be granted only when there are special and important reasons thereof. (b) Under the heading "Statement of Facts. deposit for costs. and such material portions of the record as would support the petition. and (c) Under the heading "Argument. Contents of appellee's brief. (1a. when a motion for new trial or reconsideration. — The appellee's brief shall contain. (c) set forth concisely a statement of the matters involved. but of sound judicial discretion. the petitioner shall pay the corresponding docket and other lawful fees to the clerk of court of the Supreme Court and deposit the amount of P500. 2a) Section 2. or of the denial of the petitioner's motion for new trial or reconsideration filed in due time after notice of the judgment. in the order herein indicated the following: (a) A subject index of the matter in the brief with a digest of the arguments and page references.

elevation of records. Contents and filing of petition. the Court of Appeals or different divisions thereof. The other requisite number of copies of the petition shall be accompanied by clearly legible plain copies of all documents attached to the original. the Supreme Court may require or allow the filing of such pleadings. Due course. (n. agency or office involved or by his duly authorized representative. — If the petition is given due course. (n) . reclusion perpetua or life imprisonment. or by the proper officer of the court. briefs. prohibition. the party instituting the action shall be called the petitioner and the opposing party the respondent. (4a) Section 7.(a) When the court a quo has decided a question of substance. the Court of Appeals. order. — In all cases originally filed in the Court of Appeals. if there is such other action or proceeding. prohibition and mandamus by Rule 65. Bar Matter No. except in criminal cases where the penalty imposed is death. 21 July 1998) Section 4. Rule applicable to both civil and criminal cases. and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court. The petitioner shall also submit together with the petition a sworn certification that he has not theretofore commenced any other action involving the same issues in the Supreme Court. was filed and when notice of the denial thereof was received. when a motion for new trial or reconsideration. he must state the status of the same. effect of noncompliance with requirements. such material portions of the record as are referred to therein. or so far sanctioned such departure by a lower court. or where the petition is given due course under section 8 hereof. (1a) Section 2. — The petition shall contain the full names and actual addresses of all the petitioners and respondents. It shall be filed in seven (7) clearly legible copies together with proof of service thereof on the respondent with the original copy intended for the court indicated as such by the petitioner. and the grounds relied upon for the relief prayed for. the petition shall further indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received. In actions filed under Rule 65. sanctions. he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom. and impose the corresponding sanctions in case of nonfiling or unauthorized filing of such pleadings and documents or non-compliance with the conditions therefor. or has decided it in a way probably not in accord with law or with the applicable decisions of the Supreme Court. the actions for annulment of judgment shall be governed by Rule 47. resolution. or any other tribunal or agency. how acquired. for certiorari. — This Rule shall apply to original actions for certiorari. the Supreme Court may require the elevation of the complete record of the case or specified parts thereof within fifteen (15) days from notice. (n) Section 3. (n) Section 8. 803. The certification shall be accomplished by the proper clerk of court or by his duly authorized representative. tribunal. — The mode of appeal prescribed in this Rule shall be applicable to both civil and criminal cases. Title of cases. The petitioner shall pay the corresponding docket and other lawful fees to the clerk of court and deposit the amount of P500. mandamus and quo warranto. memoranda or documents as it may deem necessary within such periods and under such conditions as it may consider appropriate. Pleadings and documents that may be required. and for quo warranto by Rule 66. and shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment. the factual background of the case. (n) RULE 46 Original Cases Section 1. Except as otherwise provided. not theretofore determined by the Supreme Court. or (b) When the court a quo has so far departed from the accepted and usual course of judicial proceedings. To what actions applicable. The failure of the petitioner to comply any of the requirements shall be sufficient ground for the dismissal of the petition. or different divisions thereof. or any other tribunal or agency. — The court shall acquire jurisdiction over the person of the respondent by the service on him of its order or resolution indicating its initial action on the petition or by his voluntary submission to such jurisdiction. and other documents relevant or pertinent thereto. as to call for an exercise of the power of supervision. or ruling subject thereof. Jurisdiction over person of respondent. a concise statement of the matters involved. if any.00 for costs at the time of the filing of the petition. — For purposes of determining whether the petition should be dismissed or denied pursuant to section 5 of this Rule. (2a) Section 9.

may be filed only with leave of court. Only pleadings required by the court shall be allowed. Procedure. Suspension prescriptive period. 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 petition. Should trial be necessary. The petitioner shall also submit together with the petition affidavits of witnesses or documents supporting the cause of action or defense and a sworn certification that he has not theretofore commenced any other action involving the same issues in the Supreme Court. All other pleadings and papers. (n) Section 6. — The court may dismiss the petition outright with specific reasons for such dismissal or require the respondent to file a comment on the same within ten (10) days from notice. (n) Section 3. — The annulment may be based only on the grounds of extrinsic fraud and lack of jurisdiction. Determination of factual issues. or any other tribunal or agency if there is such other action or proceeding. — A judgment of annulment shall set aside the questioned judgment or final order or resolution and render the same null and void. (n) . appeal. without prejudice to any disciplinary action which the court may take against the disobedient party. — The procedure in ordinary civil cases shall be observed. (n) Section 4. (n) Section 9. and if based on lack of jurisdiction. — When no comment is filed by any of the respondents. Filing and contents of petition. — The prescriptive period for the refiling of the aforesaid original action shall be deemed suspended from the filing of such original action until the finality of the judgment of annulment. (n) Section 5. the same shall be given due course and summons shall be served on the respondent. as the case may be. Period for filing action. the court may on motion order the trial court to try the case as if a timely motion for new trial had been granted therein. he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom. and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court. the Court of Appeals or different divisions thereof. (n) Section 7. Effect of judgment. A certified true copy of the judgment or final order or resolution shall be attached to the original copy of the petition intended for the court and indicated as such by the petitioner. or different divisions thereof. The petition shall be filed in seven (7) clearly legible copies. the reception of the evidence may be referred to a member of the court or a judge of a Regional Trial Court.Section 5. Should prima facie merit be found in the petition. in a motion for new trial or petition for relief. If the questioned judgment or final order or resolution had already been executed the court may issue such orders of restitution or other relief as justice and equity may warrant under the circumstances. However. Action by the court. (n) Section 7. — If based on extrinsic fraud. together with sufficient copies corresponding to the number of respondents. — The action shall be commenced by filing a verified petition alleging therein with particularity the facts and the law relied upon for annulment. Grounds for annulment. However. the action must be filed within four (4) years from its discovery. agency or office. (n) RULE 47 Annulment of Judgments of Final Orders and Resolutions Section 1. or any other tribunal or agency. Action by the court. or could have been availed of. the Court of Appeals. without prejudice to the original action being refiled in the proper court. Relief available. the same may be dismissed outright with specific reasons for such dismissal. the court itself may conduct hearings thereon or delegate the reception of the evidence on such issue to any of its members or to an appropriate court. — 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. as well as those supporting the petitioner's good and substantial cause of action or defense. the case may be decided on the basis of the record. (n) Section 8. he must state the status of the same. — The judgment of annulment may include the award of damages. Effect of failure to file comment. — Whenever necessary to resolve factual issues. (n) Section 2. Coverage. (n) Section 6. before it is barred by laches or estoppel. Extrinsic fraud shall not be a valid ground if it was availed of. attorney's fees and other relief. the prescriptive period shall not be suspended where the extrinsic-fraud is attributable to the plaintiff in the original action. petition for relief or other appropriate remedies are no longer available through no fault of the petitioner.

limit the number of witnesses to be presented in cases falling within the original jurisdiction of the court. — The proceedings at such conference shall be recorded and. (Bar Matter No. the court may hear the parties in oral argument on the merits of a case. the court may call the parties and their counsel to a preliminary conference. and all other related matters shall be as directed by the court. the resolution in the preceding section shall control the subsequent proceedings in the case unless. or on any material incident in connection therewith. unless the court otherwise directs. Binding effect of the results of the conference. except when the case is not allowed by law to be compromised (b) To define. or those within its appellate jurisdiction where a motion for new trial is granted on the ground of newly discovered evidence. 7. (b) Failure to file the notice of appeal or the record on appeal within the period prescribed by these Rules. (1a. (n) Section 3. the stipulations and admissions made and the issues defined. upon the expiration of which such motion shall be deemed submitted for resolution. (c) Failure of the appellant to pay the docket and other lawful fees as provided in section 5. — At any time during the pendency of a case. simplify and clarify the issues for determination. 803. (n) RULE 48 Preliminary Conference Section 1. (Rule 7. the sequence of the argumentation. 4. Conduct of oral argument. upon the conclusion thereof. on its own motion or on that of the appellee. — An action to annul a judgment or final order of a Municipal Trial Court shall be filed in the Regional Trial Court having jurisdiction over the former. R49) RULE 50 Dismissal of Appeal Section 1. R48) Section 2. any party shall satisfactorily show valid cause why the same should not be followed. and (d) To take up such other matters which may aid the court in the prompt disposition of the case.Section 10. (n) RULE 49 Oral Argument Section 1. within five (5) days from notice thereof. a resolution shall be issued embodying all the actions taken therein. Grounds for dismissal of appeal. Annulment of judgments or final orders of Municipal Trial Courts. no hearing or oral argument shall be allowed in support thereof. — Unless authorized by the court. — At its own instance or upon motion of a party. — Motions shall not be set for hearing and. — An appeal may be dismissed by the Court of Appeals. on the following grounds: (a) Failure of the record on appeal to show on its face that the appeal was taken within the period fixed by these Rules. Record of the conference. (c) To formulate stipulations of facts and admissions of documentary exhibits. The adverse party may file objections to the motion within five (5) days from service. (a) To consider the possibility of an amicable settlement. — Subject to such modifications which may be made to prevent manifest injustice. It shall be treated as an ordinary civil action and sections 2. Rule 40 and section 4 of Rule 41. (n) Section 3. The duration allowed for each party. only one counsel may argue for a party. Preliminary conference. When allowed. (n) The oral argument shall be limited to such matters as the court may specify in its order or resolution. (29. CA Internal Rules) (n) Section 2. 8 and 9 of this Rule shall be applicable thereto. 17 February 1998) . 3. No hearing or oral argument for motions.

may affirm. paragraphs (a). together with the minutes of the deliberation. upon its termination or upon the filing of the last pleading or memorandum as may be required or permitted to be filed by the court. issues purely of law not being reviewable by said court. (4a) RULE 51 Judgment Section 1. (c). the withdrawal may be allowed in the discretion of the court. (2a) Section 4. (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. B.(d) Unauthorized alterations. omissions or additions in the approved record on appeal as provided in section 4 of Rule 44. In ordinary appeals. 3) Where a hearing on the merits of the main case is held. Disposition of a case. or the expiration of the period for its filing. — An appeal may be withdrawn as of right at any time before the filing of the appellee's brief. (n) Section 3. By whom rendered. in the exercise of its appellate jurisdiction. (n) Section 2. (h) Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply with orders. and (i) The fact that the order or judgment appealed from is not appealable. the Chairman of the division shall refer the case. or of page references to the record as required in section 13. or the expiration of the period for its filing. upon the filing of the last pleading. — 1) Where no hearing on the merits of the main case is held. or modify . (3a) Section 3. In original actions and petitions for review. forming a special division of five Justices. Similarly. 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 shall be required for the pronouncement of a judgment or final resolution. (f) Absence of specific assignment of errors in the appellant's brief. an appeal by notice of appeal instead of by petition for review from the appellate judgment of a Regional Trial Court shall be dismissed. upon the filing of the last pleading required or permitted to be filed by the court. (n) An appeal erroneously taken to the Court of Appeals shall not be transferred to the appropriate court but shall be dismissed outright. or directives of the court without justifiable cause. 2) Where no hearing is held. (d) and (f) of Rule 44. Quorum and voting in the court. If the three justices do not reach a unanimous vote. Thereafter. — A case shall be deemed submitted for judgment: A. Thereafter. reverse. or memorandum required by the Rules or by the court itself. — An appeal under Rule 41 taken from the Regional Trial Court to the Court of Appeals raising only questions of law shall be dismissed. or the expiration of the period for its filing. (1a) Section 2. — 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 resolution. 2) Where such a hearing is held. When case deemed submitted for judgment. or the expiration of the period for its filing. the clerk shall enter the votes of the dissenting Justices in the record. circulars. to the Presiding Justice who shall designate two Justices chosen by raffle from among all the other members of the court to sit temporarily with them. — The Court of Appeals. Dismissal of improper appeal to the Court of Appeals. Withdrawal of appeal. upon its termination or upon the filing of the last pleading or memorandum as may be required or permitted to be filed by the court. — 1) Where no comment is filed. brief. upon the expiration of the period to comment. (g) Failure of the appellant to take the necessary steps for the correction or completion of the record within the time limited by the court in its order. — The judgment shall be rendered by the members of the court who participated in the deliberation on the merits of the case before its assignment to a member for the writing of the decision.

— The pendency of a motion for reconsideration filed on time and by the proper party shall stay the execution of the judgment or final resolution sought to be reconsidered unless the court. save as the court may pass upon plain errors and clerical errors. Stay of execution. or otherwise disturbing a judgment or order. (n) Section 10. are signed by the Justices taking part. 129) (n) Section 6. The date when the judgment or final resolution becomes executory shall be deemed as the date of its entry. (n) Section 4. Questions that may be decided. — No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the trial court or by any of the parties is ground for granting a new trial or for setting aside.the judgment or final order appealed from. (3a) Section 5. an appealed judgment may be affirmed as to some of the appellants. (6) Section 8. — A party may file a motion for reconsideration of a judgment or final resolution within fifteen (15) days from notice thereof. 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 the record on appeal. modifying. if any. or adopted from those set forth in the decision. a motion for reconsideration shall be resolved within ninety (90) days from the date when the court declares it submitted for resolution. unless refusal to take such action appears to the court inconsistent with substantial justice. with a directive for such court of origin to issue the proper writ for its enforcement. The record shall contain the dispositive part of the judgment or final resolution and shall be signed by the clerk. and costs may be adjudged in such cases. In original actions in the Court of Appeals. Promulgation and notice of judgment. with proof of service on the adverse party. — After the judgment or final resolution and dissenting or separate opinions. — Except where the judgment or final order or resolution. — If no appeal or motion for new trial or reconsideration is filed within the time provided in these Rules. (n) Section 3. (Sec. order. (n) Section 2. as the court shall deem proper. 40. BP Blg. Second motion for reconsideration. — Every decision or final resolution of the court in appealed cases shall clearly and distinctly state the findings of fact and the conclusions of law on which it is based. — In all actions or proceedings. shall otherwise direct. Period for filing. (n) RULE 52 Motion for Reconsideration Section 1. the motion for its execution may only be filed in the proper court after its entry. or resolution appealed from. Execution of judgment. the judgment or final resolution shall forthwith be entered by the clerk in the book of entries of judgments. Harmless error. (7a) Section 9. and may direct a new trial or further proceedings to be had. Resolution of motion. and the case shall thereafter be proceeded with. and execution of the judgment of affirmance may be had accordingly. together with a certified true copy of the judgment or final order to be executed. (2a. Judgment where there are several parties. so far as necessary. (5a) Section 7. R36) Section 11. its writ of execution shall be accompanied by a certified true copy of the entry of judgment or final resolution and addressed to any appropriate officer for its enforcement. — No second motion for reconsideration of a judgment or final resolution by the same party shall be entertained. or a portion thereof. or closely related to or dependent on an assigned error and properly argued in the brief. for good reasons. they shall be delivered for filing to the clerk who shall indicate thereon the date of promulgation and cause true copies thereof to be served upon the parties or their counsel. and reversed as to others. as if separate actions had been begun and prosecuted. Form of decision. which may be contained in the decision or final resolution itself. Entry of judgments and final resolutions. with a certificate that such judgment or final resolution has become final and executory. In appealed cases. is ordered to be immediately executory. — In the Court of Appeals. (n) RULE 53 . — No error which does not affect the jurisdiction over the subject matter or the validity of the judgment appealed from or the proceedings therein will be considered unless stated in the assignment of errors. The court at every stage of the proceeding must disregard any error or defect which does not affect the substantial rights of the parties. the resolution granting such motion shall be transmitted to the lower court from which the case originated.

Memoranda of all other judgments and final resolutions not so published shall be made by the reporter and published in the Official Gazette and the authorized reports. 23a. and a syllabus which shall be confined to points of law. General make-up of volumes. Period for filing. with notice to both parties. — The reporter shall prepare and publish with each reported judgment and final resolution a concise synopsis of the facts necessary for a clear understanding of the case. (Sec. (1a) Section 2. The motion shall be accompanied by affidavits showing the facts constituting the grounds therefor and the newly discovered evidence. 11. well bound and numbered consecutively in the order of the volumes published. with a complete alphabetical index of the subject matters of the volume.A. — A majority of the actual members of the court shall constitute a quorum for its sessions en banc. Quorum of the court. or by depositions. Hearing and order. Procedure in new trial. (1a) Section 2. R. or render such other judgment as ought to be rendered upon such terms as it may deem just. No. No. (n) Section 4. — All the cases of the Court of Appeals shall be allotted among the different divisions thereof for hearing and decision. Resolution of motion. Preparation of opinions for publication.New Trial Section 1. the material and controverted points involved. (3a) RULE 55 Publications of Judgments and Final Resolutions Section 1. The affirmative votes of the majority of the members present shall be necessary to pass a resolution of the court en banc. (3a) RULE 54 Internal Business Section 1. — The published decisions and final resolutions of the Supreme Court shall be called "Philippine Reports. sitting en banc. (Sec. 22a. of BP Blg. the procedure in the new trial shall be the same as that granted by a Regional Trial Court. — At any time after the appeal from the lower court has been perfected and before the Court of Appeals loses jurisdiction over the case. the names of counsel. — Unless the court otherwise directs. or may make such order. as amended by Sec." while those of the Court of Appeals shall be known as the "Court of Appeals Reports. (2a) Section 3. shall make proper orders or rules to govern the allotment of cases among the different divisions. the filing of vacancies occurring therein. — The judgments and final resolutions of the court shall be published in the Official Gazette and in the Reports officially authorized by the court in the language in which they have been originally written. together with the syllabi therefor prepared by the reporter in consultation with the writers thereof. and may grant or refuse a new trial. Publication. a party may file a motion for a new trial on the ground of newly discovered evidence which could not have been discovered prior to the trial in the court below by the exercise of due diligence and which is of such a character as would probably change the result. the constitution of such divisions. first par. 296) (n) Section 3. a motion for new trial shall be resolved within ninety (90) days from the date when the court declares it submitted for resolution. which shall be reached in consultation before the writing of the opinion by any member of the division. ground.A. (1a) Section 2. 296) (n) Procedure In The Supreme Court . and other matters relating to the business of the court." Each volume thereof shall contain a table of the cases reported and the cases cited in the opinions. and such rules shall continue in force until repealed or altered by the Supreme Court. It shall consist of not less than seven hundred pages printed upon good paper. The affirmative votes of three members of a division shall be necessary for the pronouncement of a judgment or final resolution. Distribution of cases among divisions. the authorities cited therein. (Sec. 6 of EO 33). — The Court of Appeals shall consider the new evidence together with that adduced at the trial below. R. — In the Court of Appeals. The Court of Appeals. 129. either orally in court. Three members shall constitute a quorum for the sessions of a division. the regular rotation of Justices among them. as to the taking of further testimony.

Rules applicable. Rule 122 regarding appeals in criminal cases where the penalty imposed is death. Provisional Remedies . and Rules 46. and if after such deliberation no decision is reached. 51. quo warranto and habeas corpus shall be in accordance with the applicable provisions of the Constitution. together with proof of service on all adverse parties. laws. habeas corpus. The proceedings for disciplinary action against members of the judiciary shall be governed by the laws and Rules prescribed therefor. mandamus. (n) Section 5. prohibition. 48. (b) Lack of merit in the petition. (n) Section 6. (c) Failure to pay the requisite docket fee and other lawful fees or to make a deposit for costs. the petition or motion shall be denied. and c) Eighteen (18) clearly legible copies of the petition shall be filed. — An appeal to the Supreme Court may be taken only by a petition for review on certiorari. sections 1. disciplinary proceedings against members of the judiciary and attorneys. Original cases cognizable. (n) Section 2. 49. laws. 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. (n) Section 4. mandamus. and cases affecting ambassadors. The determination of the Supreme Court on whether or not issues of fact are involved shall be final. directive or order of the Supreme Court without justifiable cause. and those against attorneys by Rules 139-B. Procedure. Procedure if opinion is equally divided.RULE 56 A. — Except as provided in section 3. and on all incidental matters. reclusion perpetua or life imprisonment. and (g) The fact that the case is not appealable to the Supreme Court. — The appeal may be dismissed motu proprio or on motion of the respondent on the following grounds: (a) Failure to take the appeal within the reglementary period. — The appeal shall be governed by and disposed of in accordance with the applicable provisions of the Constitution. Original Cases Section 1. prohibition. 2. (d) Failure to comply with the requirements regarding proof of service and contents of and the documents which should accompany the petition. (n) B. 52 and this Rule. other public ministers and consuls may be filed originally in the Supreme Court. — Where the court en banc is equally divided in opinion. (e) Failure to comply with any circular. — Only petitions for certiorari. quo warranto. an appeal taken to the Supreme Court by notice of appeal shall be dismissed. reclusion perpetua or life imprisonment. 52 and this Rule. the case shall again be deliberated on. Grounds for dismissal of appeal. b) The portions of said Rules dealing strictly with and specifically intended for appealed cases in the Court of Appeals shall not be applicable. (f) Error in the choice or mode of appeal. 48. and 5 to 11 of Rule 51. the judgment or order appealed from shall stand affirmed. Disposition of improper appeal. in appealed cases. as amended. the original action commenced in the court shall be dismissed. (n) Section 7. — The procedure in original cases for certiorari. subject to the following provisions: a) All references in said Rules to the Court of Appeals shall be understood to also apply to the Supreme Court. Appealed Cases Section 3. except in criminal cases where the penalty imposed is death. or the necessary majority cannot be had. Rules 45. Mode of appeal.

Issuance and contents of order. has been concealed. or by the Court of Appeals or the Supreme Court. or by any other person in a fiduciary capacity. if the court shall finally adjudge that the applicant was not entitled thereto. that there is no other sufficient security for the claim sought to be enforced by the action. (2a) Section 3. (d) In an action against a party who has been guilty of a fraud in contracting the debt or incurring the obligation upon which the action is brought. with a full statement of his proceedings under the writ and a complete inventory of the property attached. is as much as the sum for which the order is granted above all legal counterclaims. detained or converted. as may be sufficient to satisfy the applicant's demand. or for a willful violation of duty.RULE 57 Preliminary Attachment Section 1. and the order and writ of attachment. by service of summons. — The party applying for the order must thereafter give a bond executed to the adverse party in the amount fixed by the court in its order granting the issuance of the writ. exclusive of costs. Manner of attaching property. or gives a counter-bond executed to the applicant. conditioned that the latter will pay all the costs which may be adjudged to the adverse party and all damages which he may sustain by reason of the attachment. or of some other person who personally knows the facts. and that the amount due to the applicant. or (f) In an action against a party who does not reside and is not found in the Philippines. Condition of applicant's bond. together with a copy of the complaint. when the property. unless such party makes deposit or gives a bond as hereinafter provided in an amount equal to that fixed in the order. (4a) Section 5. which may be the amount sufficient to satisfy the applicant's demand or the value of the property to be attached as stated by the applicant. in an amount equal to the bond fixed by the court in the order of attachment or to the value of the property to be attached. The requirement of prior or contemporaneous service of summons shall not apply where the summons could not be served personally or by substituted service despite diligent efforts. or an attorney. in the course of his employment as such. unless the former makes a deposit with the court from which the writ is issued. the sheriff must likewise without delay make a return thereon to the court from which the writ issued. on a cause of action arising from law. or in the performance thereof. to await judgment and execution in the action. must be duly filed with the court before the order issues. (e) In an action against a party who has removed or disposed of his property. and must require the sheriff of the court to attach so much of the property in the Philippines of the party against whom it is issued. Several writs may be issued at the same time to the sheriffs of the courts of different judicial regions. delict or quasi-delict against a party who is about to depart from the Philippines with intent to defraud his creditors. or the defendant is a resident of the Philippines temporarily absent therefrom. (3a) Section 4. together with any counter-bond given by the party against whom attachment is issued. (b) In an action for money or property embezzled or fraudulently misapplied or converted to his own use by a public officer. and serve copies thereof on the applicant. agent. or is about to do so. — At the commencement of the action or at any time before entry of judgment. factor. or an officer of a corporation. a plaintiff or any proper party may have the property of the adverse party attached as security for the satisfaction of any judgment that may be recovered in the following cases: (a) In an action for the recovery of a specified amount of money or damages. on the defendant within the Philippines. or the value of the property the possession of which he is entitled to recover. (5a) Section 6. removed. or contemporaneously accompanied. (1a) Section 2. broker. or disposed of to prevent its being found or taken by the applicant or an authorized person. other than moral and exemplary. Sheriff's return. or any part thereof. only so much of the property in the Philippines of the party against whom the writ is issued. that a sufficient cause of action exists. contract. — The sheriff enforcing the writ shall without delay and with all reasonable diligence attach. not exempt from execution. the application for attachment the applicant's affidavit and bond. (6a) . exclusive of costs. quasi-contract. — After enforcing the writ. not exempt from execution. or the defendant is a non-resident of the Philippines. Affidavit and bond required. as may be sufficient to satisfy the applicant's demand. or the action is one in rem or quasi in rem. and the bond required by the next succeeding section. or clerk. Grounds upon which attachment may issue. with intent to defraud his creditors. No levy on attachment pursuant to the writ issued under section 2 hereof shall be enforced unless it is preceded. The affidavit. (c) In an action to recover the possession of property unjustly or fraudulently taken. that the case is one of those mentioned in section 1 hereof. or on whom summons may be served by publication. — An order of attachment may be issued either ex parte or upon motion with notice and hearing by the court in which the action is pending. — An order of attachment shall be granted only when it appears by the affidavit of the applicant.

at the time of service upon them of the copy of the writ of attachment and notice as provided in the last preceding section. or with such other person or his agent if found within the province. or devisee in the property belonging to the estate of a decedent shall not impair the powers of the executor. or the person by whom the property is held or in whose name it stands in the records. or other personal representative of the decedent over such property for the purpose of administration. however. subject to the claim of such heir. (e) The interest of the party against whom attachment is issued in property belonging to the estate of the decedent. and the registered owner or owners thereof. or owing any debts to him. and notice of the attachment served upon the custodian of such property. When attached property may be sold after levy on attachment and before entry of judgment. unless such property is delivered or transferred. that the property attached is . (d) Debts and credits. and a notice that it is attached. Effect of attachment of interests in property belonging to the estate of a decedent. to the clerk. by leaving with the person owing such debts. — The attachment of the interest of an heir. legatee or devisee. and by leaving a copy of such order. or having in his possession or under his control. financial interest. (c) Stocks or shares. or any interest therein. or that such real property and any interest therein held by or standing in the name of such other person are attached. a copy of the writ. and notice that the debts owing by him to the party against whom attachment is issued. but the property attached shall be ordered delivered to the sheriff making the levy. and notice with the occupant of the property. or devisee. belonging to said party. standing upon the record of the registry of deeds of the province in the name of the party against whom attachment is issued. are attached in pursuance of such writ. having reference to any lien thereon or claim against the same. The registrar of deeds must index attachments filed under this section in the names of the applicant. a copy of the writ of attachment shall be filed with the proper court or quasijudicial agency. until the attachment is discharged. and may be examined on oath. recording thereof. Where the property has been brought under the operation of either the Land Registration Act or the Property Registration Decree. legatee. after such examination. The party whose property is attached may also be required to attend for the purpose of giving information respecting his property. Attachment of real and personal property. or any person claiming under him. of any corporation or company. by taking and safely keeping it in his custody. Effect of attachment of debts. If the property sought to be attached is in custodia legis. or growing crops thereon. legatee. — Whenever it shall be made to appear to the court in which the action is pending. credits and all other similar personal property. the volume and page in the registration book where the certificate is registered. and be examined on oath respecting the same. (8a) Section 9. by filing with the registry of deeds a copy of the order. or such debts are paid. commissions and other personal property not capable of manual delivery. administrator. or belonging to the party against whom attachment is issued and held by any other person. shall be liable to the applicant for the amount of such credits.Section 7. upon hearing with notice to both parties. or any judgment recovered by him is satisfied. royalties. may be required to attend before the court in which the action is pending. whether as heir. (10a) Section 11. delivery of property to sheriff. by leaving with the president or managing agent thereof. — Real and personal property shall be attached by the sheriff executing the writ in the following manner: (a) Real property. The court may. in the possession of the person so required to attend before the court. to await the judgment in the action. and in the order made upon such petition. sheriff. debts or other similar personal property. legatee or devisee concerned. distribution may be awarded to such heir. the notice shall contain a reference to the number of the certificate of title. or with his agent. a copy of the writ. to be delivered to the clerk of the court or sheriff on such terms as may be just. a description sufficiently accurate for the identification of the land or interest to be affected shall be included in the registration of such attachment. description. Such personal representative. or not appearing at all upon such records. or devisee. and a notice stating that the stock or interest of the party against whom the attachment is issued is attached in pursuance of such writ. or other proper officer of the court issuing the attachment. legatee. or standing on the records of the registry of deeds in the name of any other person. or before a commissioner appointed by the court. if any. such credits or other personal property. A copy of said writ of attachment and of said notice shall also be filed in the office of the clerk of the court in which said estate is being settled and served upon the heir. or under his control. Examination of party whose property is attached and persons indebted to him or controlling his property. order personal property capable of manual delivery belonging to him. (b) Personal property capable of manual delivery. including bank deposits. If the attachment is not claimed on the entire area of the land covered by the certificate of title. after issuing the corresponding receipt therefor. and the credits and other personal property in his possession. — All persons having in their possession or under their control any credits or other similar personal property belonging to the party against whom attachment is issued. (7a) Section 8. together with a description of the property attached. the adverse party. shall report the attachment to the court when any petition for distribution is filed. or an interest in stocks or shares. — Any person owing debts to the party whose property is attached or having in his possession or under his control any credit or other personal property belonging to such party. by serving the executor or administrator or other personal representative of the decedent with a copy of the writ and notice that said interest is attached. (9a) Section 10.

the filing of such bond shall not be required. and stated in the judgment. The sheriff shall forthwith make a return in writing to the court of his proceedings under this section and furnish the parties with copies thereof. the same shall be decided by the court issuing the writ of attachment. shall file a bond approved by the court to indemnify the third-party claimant in a sum not less than the value of the property levied upon. If the motion be made on affidavits on the part of the movant but not otherwise. the court may order such property to be sold at public auction in such manner as it may direct. (15a) Section 16. the attaching party may apply for a new order of attachment. (13a) Section 14. the property attached. may move for the discharge of the attachment wholly or in part on the security given. (b) If any balance remains due. the court shall order the setting aside or the corresponding discharge of the attachment if it appears that it was improperly or irregularly issued or enforced. Discharge of attachment upon giving counter-bond.perishable. the discharge shall be limited to the excess. real or personal. if it be sufficient for that purpose in the following manner: (a) By paying to the judgment obligee the proceeds of all sales of perishable or other property sold in pursuance of the order of the court. In case of disagreement as to such value. excess delivered to judgment obligor. the party whose property has been attached. in an amount equal to that fixed by the court in the order of attachment. as may be necessary to satisfy the balance. or that the interests of all the parties to the action will be subserved by the sale thereof. the cash deposit or the counter-bond shall secure the payment of any judgment that the attaching party may recover in the action. or in those the clerk of the court. If the attachment is excessive. No claim for damages for the taking or keeping of the 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. or any officer duly representing it. Nothing herein contained shall prevent such claimant or any third person from vindicating his claim to the property. or owing debts to the latter at the time of the attachment of such credits or debts. or that the bond is insufficient. or right to the possession thereof. he shall be represented by the Solicitor General. the actual damages adjudged by the court shall be paid by the National Treasurer out of the funds to be appropriated for the purpose. or to the person appearing on his behalf. stating the grounds of such right or title. Upon the discharge of an attachment in accordance with the provisions of this section. — If judgment be recovered by the attaching party and execution issue thereon. for an order to set aside or discharge the attachment on the ground that the same was improperly or irregularly issued or enforced. and in case the sheriff is sued for damages as a result of the attachment. or the proceeds of any sale thereof. in the same or a separate action. and if held liable therefor. — After a writ of attachment has been enforced. if enough for that purpose remain in the sheriff's hands. the deposit or counter-bond aforesaid standing in place of the property so released. and paying the proceeds of such collection over to the judgment obligee. order the discharge of the attachment if the movant makes a cash deposit. Satisfaction of judgment out of property attached. shall be delivered to the party making the deposit or giving the counter-bond. or so much as shall be necessary to satisfy the judgment. Proceedings where property claimed by third person. But if the attachment is sought to be discharged with respect to a particular property. the attaching party may oppose the motion by counter-affidavits or other evidence in addition to that on which the attachment was made. (c) By collecting from all persons having in their possession credits belonging to the judgment obligor. before or after levy or even after the release of the attached property. and the defect is not cured forthwith. or prevent the attaching party from claiming damages against a third-party claimant who filed a frivolous or plainly spurious claim. exclusive of costs. The court shall. or that the attachment is excessive. or the person appearing on his behalf. After due notice and hearing. and a copy thereof upon the attaching party. and applying the proceeds to the satisfaction of the judgment less . In either case. — If the property attached is claimed by any person other than the party against whom attachment had been issued or his agent. unless the attaching party or his agent. (11a) Section 12. The sheriff shall not be liable for damages for the taking or keeping of such property to any such third-party claimant. and serves such affidavit upon the sheriff while the latter has possession of the attached property. on demand of the sheriff. When the writ of attachment is issued in favor of the Republic of the Philippines. and the party furnishing the same fail to file an additional counter-bond. including the proceeds of any debts or credits collected. if such bond shall be filed. — If after realizing upon all the property attached. the sheriff may cause the judgment to be satisfied out of the property attached. the counter-bond shall be equal to the value of that property as determined by the court. and the proceeds of such sale to be deposited in court to abide the judgment in the action. or that the bond is insufficient. by selling so much of the property. — The party whose property has been ordered attached may file a motion with the court in which he action is pending. and such person makes an affidavit of his title thereto. (14a) Section 15. Should such counter-bond for any reason be found to be or become insufficient. after due notice and hearing. the amount of such credits and debts as determined by the court in the action. Balance due collected upon an execution. the sheriff shall not be bound to keep the property under attachment. return of sheriff. Discharge of attachment on other grounds. or files a counter-bond executed to the attaching party with the clerk of the court where the application is made. A notice of the deposit shall forthwith be served on the attaching party. (12a) Section 13.

the expenses of proceedings upon the judgment any balance shall remain due. Disposition of money deposited. (17a) Section 18. — If judgment be rendered against the attaching party. with notice to the party in whose favor the attachment was issued or his surety or sureties. which amount may be recovered from such surety or sureties after notice and summary hearing in the same action. threatening. it shall be applied under the direction of the court to the satisfaction of any judgment rendered in favor of the attaching party. all the proceeds of sales and money collected or received by the sheriff. — Where the party against whom attachment had been issued has deposited money instead of giving counter-bond. court. — An application for damages on account of improper. under the order of attachment. or is attempting to do. the whole sum deposited must be refunded to him or his assignee. If the action or proceeding is pending in the Court of Appeals or in the Supreme Court. (2a) Section 3. in which case it shall be known as a preliminary mandatory injunction. classes. agency or a person is doing. irregular or excessive attachment. shall be delivered to the party against whom attachment was issued. or (c) That a party. Whenever the judgment shall have been paid. (18a) Section 19. and all property attached remaining in any such officer's hands. — A preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order. it may be issued by said court or any member thereof. Grounds for issuance of preliminary injunction. Claim for damages on account of improper. — When the judgment has become executory. and tending to render the judgment ineffectual. Disposition of attached property where judgment is for party against whom attachment was issued. must return to the judgment obligor the attached property remaining in his hands. before the judgment of the appellate court becomes executory. — A preliminary injunction may be granted when it is established: (a) That the applicant is entitled to the relief demanded. (3a) Section 4. — A preliminary injunction or temporary restraining order may be granted only when: . Preliminary injunction defined. Nothing herein contained shall prevent the party against whom the attachment was issued from recovering in the same action the damages awarded to him from any property of the attaching party not exempt from execution should the bond or deposit given by the latter be insufficient or fail to fully satisfy the award. and the order of attachment discharged. (16a) Section 17. and any proceeds of the sale of the property attached not applied to the judgment. requiring a party or a court. continuance or non-performance of the act or acts complained of during the litigation would probably work injustice to the applicant. (20a) RULE 58 Preliminary Injunction Section 1. and after satisfying the judgment the balance shall be refunded to the depositor or his assignee. the surety or sureties on any counterbond given pursuant to the provisions of this Rule to secure the payment of the judgment shall become charged on such counterbond and bound to pay the judgment obligee upon demand the amount due under the judgment. agency or a person to refrain from a particular act or acts. or in requiring the performance of an act or acts either for a limited period or perpetually. The appellate court may allow the application to be heard and decided by the trial court. irregular or excessive attachment must be filed before the trial or before appeal is perfected or before the judgment becomes executory. or is procuring or suffering to be done some act or acts probably in violation of the rights of the applicant respecting the subject of the action or proceeding. the sheriff must proceed to collect such balance as upon ordinary execution. Who may grant preliminary injunction. If the judgment is in favor of the party against whom attachment was issued. with due notice to the attaching party and his surety or sureties setting forth the facts showing his right to damages and the amount thereof. (19a) Section 20. upon reasonable demand. the sheriff. — A preliminary injunction may be granted by the court where the action or proceeding is pending. Verified application and bond for preliminary injunction or temporary restraining order. If the judgment of the appellate court be favorable to the party against whom the attachment was issued he must claim damages sustained during the pendency of the appeal by filing an application in the appellate court. It may also require the performance of a particular act or acts. and the whole or part of such relief consists in restraining the commission or continuance of the act or acts complained of. (b) That the commission. Recovery upon the counter-bond. Such damages may be awarded only after proper hearing and shall be included in the judgment on the main case. (1a) Section 2.

Within the said twenty-day period. would cause irreparable damage to the party or person enjoined while the applicant can be fully compensated for such damages as he may suffer. the amount of damages to be awarded to either . and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith the injunction shall be dissolved. determine within the same period whether or not the preliminary injunction shall be granted. why the injunction should not be granted. A restraining. If the bond of the adverse party is found to be insufficient in amount. a writ of preliminary injunction shall be issued. (6a) Section 7. and shows facts entitling the applicant to the relief demanded. including the original seventytwo hours provided herein. together with a copy of the complaint or initiatory pleading and the applicant's affidavit and bond. In the event that the application for preliminary injunction is denied or not resolved within the said period. — The application for injunction or restraining order may be denied. the temporary restraining order shall be effective for sixty (60) days from service on the party or person sought to be enjoined. or contemporaneously accompanied. if granted. upon a showing of its insufficiency. or if the surety or sureties thereon fail to justify. Grounds for objection to. if issued by the Court of Appeals or a member thereof. In any event. upon the adverse party in the Philippines. the executive judge of a multiple-sala court or the presiding judge of a single sala court may issue ex parte a temporary restraining order effective for only seventy-two (72) hours from issuance but he shall immediately comply with the provisions of the next preceding section as to service of summons and the documents to be served therewith. 803. the judge before whom the case is pending shall conduct a summary hearing to determine whether the temporary restraining order shall be extended until the application for preliminary injunction can be heard. and the former files a bond in an amount fixed by the court conditioned that he will pay all damages which the applicant may suffer by the denial or the dissolution of the injunction or restraining order. as the case may be. the court must order said party or person to show cause. However. a bond executed to the party or person enjoined. on other grounds upon affidavits of the party or person enjoined. (8a) Section 8. to the effect that the applicant will pay to such party or person all damages which he may sustain by reason of the injunction or temporary restraining order if the court should finally decide that the applicant was not entitled thereto.(a) The application in the action or proceeding is verified. The effectivity of a temporary restraining order is not extendible without need of any judicial declaration to that effect and no court shall have authority to extend or renew the same on the same ground for which it was issued. may be dissolved. order issued by the Supreme Court or a member thereof shall be effective until further orders. the court to which the application for preliminary injunction was made. except as herein provided. if filed in a multiple-sala court. Service of copies of bonds. it may be modified. — The party filing a bond in accordance with the provisions of this Rule shall forthwith serve a copy of such bond on the other party. or the surety or sureties thereon fail to justify a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith. Thereafter. shall be raffled only after notice to and in the presence of the adverse party or the person to be enjoined. injunction or restraining order. (Bar Matter No. Upon approval of the requisite bond. or for motion of dissolution of. and (b) Unless exempted by the court the applicant files with the court where the action or proceeding is pending. which may be opposed by the applicant also by affidavits. at a specified time and place. effect of disapproval of same. If it shall appear from facts shown by affidavits or by the verified application that great or irreparable injury would result to the applicant before the matter can be heard on notice. or the adverse party is a resident of the Philippines temporarily absent therefrom or is a nonresident thereof. or. by service of summons. Judgment to include damages against party and sureties. or if granted. Preliminary injunction not granted without notice. — At the trial. may issue a temporary restraining order to be effective only for a period of twenty (20) days from service on the party or person sought to be enjoined. such notice shall be preceded. if the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury. or of the surety or sureties thereon. The injunction or restraining order may also be denied. the case. in an amount to be fixed by the court. (5a) Section 6. and subject to the provisions of the preceding sections. It may further be denied. (d) The application for a temporary restraining order shall thereafter be acted upon only after all parties are heard in a summary hearing which shall be conducted within twenty-four (24) hours after the sheriff's return of service and/or the records are received by the branch selected by raffle and to which the records shall be transmitted immediately. In no case shall the total period of effectivity of the temporary restraining order exceed twenty (20) days. the issuance or continuance thereof. the temporary restraining order is deemed. If it appears that the extent of the preliminary injunction or restraining order granted is too great. However. 17 February 1998) However. as the case may be. If the applicant's bond is found to be insufficient in amount. may be dissolved. who may except to the sufficiency of the bond. within the aforesaid seventy-two (72) hours. exception. the requirement of prior or contemporaneous service of summons shall not apply. Section 5. if it appears after hearing that although the applicant is entitled to the injunction or restraining order. (4a) (c) When an application for a writ of preliminary injunction or a temporary restraining order is included in a complaint or any initiatory pleading. and accordingly issue the corresponding order. the injunction shall be granted or restored. automatically vacated. — No preliminary injunction shall be granted without hearing and prior notice to the party or person sought to be enjoined. where the summons could not be served personally or by substituted service despite diligent efforts.

to pay outstanding debts. and that its value is probably insufficient to discharge the mortgage debt. and generally to do such acts respecting the property as the court may authorize. (5a) Section 5. removed. who may except to its sufficiency or of the surety or sureties thereon. require an additional bond as further security for such damages. when the adverse party files a bond executed to the applicant. upon the bond of the adverse party. (10a) RULE 59 Receivership Section 1. (4a) Section 4. in an amount to be fixed by the court. Service of copies of bonds. (6a) Section 6. as the case may be. (3a) Section 3.party. Bond on appointment of receiver. to the effect that the applicant will pay such party all damages he may sustain by reason of the appointment of such receiver in case the applicant shall have procured such appointment without sufficient cause. and shall file a bond. to the effect that such party will pay the applicant all damages he may suffer by reason of the acts. to divide the money and other property that shall remain among the persons legally entitled to receive the same. or disposing of the property in litigation. — The application may be denied. shall be claimed. person. Oath and bond of receiver. in the following cases: (a) When it appears from the verified application. funds in the hands of a receiver may be invested only by order of the . that the party applying for the appointment of a receiver has an interest in the property or fund which is the subject of the action or proceeding. omissions. General powers of receiver. During the pendency of an appeal. to receive rents. or that the parties have so stipulated in the contract of mortgage. and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith. (9a) Section 9. executed to such person and in such sum as the court may direct. (b) When it appears in an action by the mortgagee for the foreclosure of a mortgage that the property is in danger of being wasted or dissipated or materially injured. to preserve the property during the pendency of an appeal. or to dispose of it according to the judgment. (c) After judgment. one or more receivers of the property subject of the action or proceeding may be appointed by the court where the action is pending or by the Court of Appeals or by the Supreme Court. or other matters specified in the application as ground for such appointment. in such capacity. actions in his own name. to take and keep possession of the property in controversy. However. — The person filing a bond in accordance with the provisions of this Rule shall forthwith serve a copy thereof on each interested party. If the bond of the adverse party is found to be insufficient in amount or the surety or sureties thereon fail to justify. the appellate court may allow an application for the appointment of a receiver to be filed in and decided by the court of origin and the receiver appointed to be subject to the control of said court. ascertained. (1a) Section 2. When final injunction granted. (d) Whenever in other cases it appears that the appointment of a receiver is the most convenient and feasible means of preserving. If either the applicant's or the receiver's bond is found to be insufficient in amount. in an amount to be fixed by the court. or corporation of which he is the receiver. or to aid execution when the execution has been returned unsatisfied or the judgment obligor refuses to apply his property in satisfaction of the judgment. to compound for and compromise the same. Denial of application or discharge of receiver. at any time after the appointment. — If after the trial of the action it appears that the applicant is entitled to have the act or acts complained of permanently enjoined the court shall grant a final injunction perpetually restraining the party or person enjoined from the commission or continuance of the act or acts of confirming the preliminary mandatory injunction. and that such property or fund is in danger of being lost. — Subject to the control of the court in which the action or proceeding is pending a receiver shall have the power to bring and defend. and the court may. or a member thereof. or the receiver discharged. the receiver shall be appointed or re-appointed. effect of disapproval of same. to collect debts due to himself as receiver or to the fund. and awarded under the same procedure prescribed in section 20 of Rule 57. or materially injured unless a receiver be appointed to administer and preserve it. — Before entering upon his duties. and such other proof as the court may require. property. as the case may be. the receiver shall be sworn to perform them faithfully. The receiver may also be discharged if it is shown that his appointment was obtained without sufficient cause. or otherwise to carry the judgment into effect. or if the surety or sureties thereon fail to justify. estate. and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith. to the effect that he will faithfully discharge his duties in the action or proceeding and obey the orders of the court. — Upon a verified application. the application shall be denied or the receiver discharged. Appointment of receiver. administering. to make transfers. — Before issuing the order appointing a receiver the court shall require the applicant to file a bond executed to the party against whom the application is presented. in its discretion.

by filing with the court where the action is pending a bond executed to the applicant. describing the personal property alleged to be wrongfully detained and requiring the sheriff forthwith to take such property into his custody. — The amount. the court shall issue an order and the corresponding writ of replevin. After the sheriff has take possession of the property as herein provided. ascertained. (n) Section 7. compensation of receiver. he cannot immediately require the return of the property. money. Return of property. he must keep it in a secure place and shall be responsible for its delivery to the party entitled thereto upon receiving his fees and necessary expenses for taking and keeping the same. Judgment to include recovery against sureties. and for the payment to the adverse party of such sum as he may recover from the applicant in the action. executed to the adverse party in double the value of the property as stated in the affidavit aforementioned. Application. — The applicant must show by his own affidavit or that of some other person who personally knows the facts: (a) That the applicant is the owner of the property claimed. and if it be not delivered. (c) That the property has not been distrained or taken for a tax assessment or a fine pursuant to law. Termination of receivership. to deliver to the receiver all the property. books. if any. alleging the cause of detention thereof according to the best of his knowledge. in the manner hereinafter provided. and must forthwith take the property. or apportioned. shall be claimed. it shall. to be taxed as costs against the defeated party. notes. for the return of the property to the adverse party if such return be adjudged. as determined and ordered by the court. or if so seized. direct the delivery of the funds and other property in his possession to the person adjudged to be entitled to receive them and order the discharge of the receiver from further duty as such. motu proprio or on motion of either party. he may. — Upon receiving such order. at any time before the delivery of the property to the applicant. Affidavit and bond. shall determine that the necessity for a receiver no longer exists. (2a) Section 3. bills. but if he does not so object. — If the adverse party objects to the sufficiency of the applicant's bond. to be awarded to any party upon any bond filed in accordance with the provisions of this Rule. the sheriff must serve a copy thereof on the adverse party. in double the value of the property as stated in the applicant's affidavit for the delivery thereof to the . — Whenever the court. the sheriff must demand its delivery.court upon the written consent of all the parties to the action. and granted under the same procedure prescribed in section 20 of Rule 57. (8a) Section 9. or in case of disagreement. or is entitled to the possession thereof. or seized under a writ of execution or preliminary attachment. and (d) The actual market value of the property. Liability for refusal or neglect to deliver property to receiver. The applicant must also give a bond. or his agent. — A person who refuses or neglects. — Upon the filing of such affidavit and approval of the bond. or of the surety or sureties thereon. that it is exempt from such seizure or custody. if it be in the possession of the adverse party. apply for an order for the delivery of such property to him. (1a) Section 2. information. (3a) Section 4. as justice requires. (9a) RULE 60 Replevin Section 1. documents and papers within his power or control. (b) That the property is wrongfully detained by the adverse party. or otherwise placed under custodia legis. Duty of the sheriff. The court shall allow the receiver such reasonable compensation as the circumstances of the case warrant. together with a copy of the application. subject of or involved in the action or proceeding. If the property or any part thereof be concealed in a building or enclosure. (4a) Section 5. require the return thereof. after due notice to all interested parties and hearing. Order. affidavit and bond. (7a) No action may be filed by or against a receiver without leave of the court which appointed him. may be punished for contempt and shall be liable to the receiver for the money or the value of the property and other things so refused or neglected to be surrendered. at the commencement of the action or at any time before answer. and retain it in his custody. deeds. particularly describing it. settle the accounts of the receiver. he must cause the building or enclosure to be broken open and take the property into his possession. together with all damages that may have been sustained by the party or parties entitled thereto as a consequence of such refusal or neglect. upon reasonable demand. and belief . — A party praying for the recovery of possession of personal property may. (n) Section 8.

The sheriff shall not be liable for damages. the sheriff shall not be bound to keep the property under replevin or deliver it to the applicant unless the applicant or his agent. and by serving a copy of such bond on the applicant. or after the expiration of the period for its filing. — The sheriff must file the order. Enforcement of order. or any officer duly representing it. or at any time prior to the judgment or final order. (2a. If for any reason the property is not delivered to the applicant. Judgment to include recovery against sureties. The facts in issue shall be proved in the same manner as is provided for evidence on motions.applicant. Order. (6a) Section 7. having the regard to the probable outcome of the case and such other circumstances as may aid in the proper resolution of the question involved. depositions or other authentic documents in support thereof. or for its value in case delivery cannot be made. stating the grounds therefor. to him as may be recovered against the adverse party. If the application is denied. In case of disagreement as to such value. (5a) Section 5. who shall have five (5) days to comment thereon unless a different period is fixed by the court upon his motion. Application. Comment. and if held liable therefor. Return of papers. When the writ of replevin is issued in favor of the Republic of the Philippines. — After trial of the issues the court shall determine who has the right of possession to and the value of the property and shall render judgment in the alternative for the delivery thereof to the party entitled to the same. if any. — A copy of the application and all supporting documents shall be served upon the adverse party. or right to the possession thereof. — The court shall determine provisionally the pertinent facts. with his proceedings indorsed. the application shall be set for hearing not more than three (3) days thereafter. — If within five (5) days after the taking of the property by the sheriff. the filing of such bond shall not be required. Hearing. — The amount. and shall render such orders as justice and equity may require. if such delivery be adjudged. and in case the sheriff is sued for damages as a result of the replevin. Proceedings where property claimed by third person. and for the payment of such sum. taking into account the necessities of the applicant and the resources or means of the adverse party. and such person makes an affidavit of his title thereto. for the taking or keeping of such property. . he shall be represented by the Solicitor General. the court shall. — At the commencement of the proper action or proceeding. the court shall determine the same. to any such third-party claimant if such bond shall be filed. of the 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. (1a) Section 2. ascertained. (9a) Section 10. — If the property taken is claimed by any person other than the party against whom the writ of replevin had been issued or his agent. (10a) RULE 61 Support Pendente Lite Section 1. the actual damages adjudged by the court shall be paid by the National Treasurer out of the funds to be appropriated for the purpose. with the court within ten (10) days after taking the property mentioned therein. or prevent the applicant from claiming damages against a third-party claimant who filed a frivolous or plainly spurious claim. Judgment. the property shall be delivered to the applicant. (5a) Section 6. (7a) Section 8. — If the adverse party fails to comply with an order granting support pendente lite. and the terms of payment or mode for providing the support. Nothing herein contained shall prevent such claimant or any third person from vindicating his claim to the property. and serves such affidavit upon the sheriff while the latter has possession of the property and a copy thereof upon the applicant. and accompanied by affidavits. or if the adverse party requires the return of the property but his bond is objected to and found insufficient and he does not forthwith file an approved bond. shall be claimed. and granted under the same procedure as prescribed in section 20 of Rule 57. — After the comment is filed. thereon. or of the surety or sureties thereon. shall file a bond approved by the court to indemnify the third-party claimant in a sum not less than the value of the property under replevin as provided in section 2 hereof. No claim for damages for the taking or keeping. 3a) Section 3. If the application is granted. on demand of said sheriff. (8a) Section 9. to be awarded to any party upon any bond filed in accordance with the provisions of this Rule. in the same or a separate action. or if the adverse party so objects and the court affirms its approval of the applicant's bond or approves a new bond. the adverse party does not object to the sufficiency of the bond. a verified application for support pendente lite may be filed by any party stating the grounds for the claim and the financial conditions of both parties. the principal case shall be tried and decided as early as possible. and also for such damages as either party may prove. with costs. the sheriff must return it to the adverse party. depositions or other authentic documents in support thereof. (4a) Section 4. The comment shall be verified and shall be accompanied by affidavits. the court shall fix the amount of money to be provisionally paid or such other forms of support as should be provided. Disposition of property by sheriff.

(1a. Should the recipient fail to reimburse said amounts. any third person who furnished that support to the applicant may. third-party complaints and responsive pleadings thereto. costs and litigation expenses as liens. reserved and instituted prior to its filing. The application therefor may be filed successively by the offended party. — After the pleadings of the conflicting claimants have been filed. — The docket and other lawful fees paid by the party who filed a complaint under this Rule. serving a copy thereof upon each of the other conflicting claimants who may file their reply thereto as provided by these Rules. the court shall proceed to determine their respective rights and adjudicate their several claims. issue an order of execution against him. Summons. R63) Section 2. (2a. R63) Section 6. on motion. he may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves. R63) Section 3. If the interests of justice so require. Order. shall constitute a lien or change upon the subject matter of the action. without prejudice to the right of the recipient to obtain reimbursement in a separate action from the person legally obliged to give the support. declare him in default and thereafter render judgment barring him from any claim in respect to the subject matter. (h) Section 6. Docket and other lawful fees. (6a. the court may. her parents. reckoned from notice of denial. The parties in an interpleader action may file counterclaims. the movant may file his answer within the remaining period. after due notice and hearing in the same case obtain a writ of execution to enforce his right of reimbursement against the person ordered to provide such support. Motion to dismiss. the court shall issue an order requiring the conflicting claimants to interplead with one another. in accordance with the procedure established under this Rule. as provided by these Rules. the court may direct in such order that the subject matter be paid or delivered to the court. — Each claimant shall file his answer setting forth his claim within fifteen (15) days from service of the summons upon him. R63) Section 7. — Within the time for filing an answer. (4a. — Summons shall be served upon the conflicting claimants.motu proprio or upon motion. (n) Section 5. R63) Section 4. — In criminal actions where the civil liability includes support for the offspring as a consequence of the crime and the civil aspect thereof has not been waived. R63) RULE 63 Declaratory Relief and Similar Remedies . but which shall not be less than five (5) days in any event. Answer and other pleadings. (n) Special Civil Actions RULE 62 Interpleader Section 1. Restitution. (n) Section 7. (6a) When the person ordered to give support pendente lite refuses or fails to do so. or an interest which in whole or in part is not disputed by the claimants. grandparents or guardian and the State in the corresponding criminal case during its pendency. the accused may be ordered to provide support pendente lite to the child born to the offended party allegedly because of the crime. (5a. — Upon the filing of the complaint. Support in criminal cases. — When the judgment or final order of the court finds that the person who has been providing support pendente lite is not liable therefor. Determination. each claimant may file a motion to dismiss on the ground of impropriety of the interpleader action or on other appropriate grounds specified in Rule 16. When interpleader proper. (3. the person who provided the same may likewise seek reimbursement thereof in a separate action from the person legally obliged to give such support. — Whenever conflicting claims upon the same subject matter are or may be made against a person who claims no interest whatever in the subject matter. cross-claims. unless the court shall order otherwise. The period to file the answer shall be tolled and if the motion is denied. it shall order the recipient thereof to return to the former the amounts already paid with legal interest from the dates of actual payment. and pre-trial has been conducted in accordance with the Rules. together with a copy of the complaint and order. without prejudice to his liability for contempt. as well as the costs and litigation expenses. If any claimant fails to plead within the time herein fixed.

the action may thereupon be converted into an ordinary action. and no declaration shall. thereunder. the corresponding prosecutor or attorney of the local governmental unit involved shall be similarly notified and entitled to be heard. (2a. The petition shall state the facts with certainty. R64) Section 2. — Upon the filing of the petition. Mode of review. — Except in actions falling under the second paragraph of section 1 of this Rule. or to consolidate ownership under Article 1607 of the Civil Code. Notice on Solicitor General. executive order or regulation. but which shall not be less than five (5) days in any event. — Any person interested under a deed. if allowed under the procedural rules of the Commission concerned. or any other governmental regulation should take place. 803. the Solicitor General shall be notified by the party assailing the same and shall be entitled to be heard upon such question. R64) Section 3. final order or resolution subject thereof. R64) RULE 64 Review of Judgments and Final Orders or Resolutions of the Commission on Elections and the Commission on Audit Section 1. or any other governmental regulation. Docket and other lawful fees. the court. (3a. Scope. Time to file petition. the petitioner shall pay to the clerk of court the docket and other lawful fees and deposit the amount of P500. Conversion into ordinary action. (4a. and for a declaration of his rights or duties. executive order or regulation. and pray for judgment annulling or modifying the questioned judgment. executive order or regulation. . Court action discretionary. Bar Matter No. The petition shall state the specific material dates showing that it was filed within the period fixed herein. and the parties shall be allowed to file such pleadings as may be necessary or proper. — A judgment or final order or resolution of the Commission on Elections and the Commission on Audit may be brought by the aggrieved party to the Supreme Court on certiorari under Rule 65. (n) Section 2. — The petition shall be filed within thirty (30) days from notice of the judgment or final order or resolution sought to be reviewed. prejudice the rights of persons not parties to the action. — This Rule shall govern the review of judgments and final orders or resolutions of the Commission on Elections and the Commission on Audit. The petition shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment. R64) Section 6. The filing of a motion for new trial or reconsideration of said judgment or final order or resolution. before breach or violation thereof bring an action in the appropriate Regional Trial Court to determine any question of construction or validity arising. shall interrupt the period herein fixed. 803. — If before the final termination of the case. (n) Section 5. Local government ordinances. R64) Section 4. If such ordinance is alleged to be unconstitutional. The requisite number of copies of the petition shall contain plain copies of all documents attached to the original copy of said petition. may refuse to exercise the power to declare rights and to construe instruments in any case where a decision would not terminate the uncertainty or controversy which gave rise to the action. Form and contents of petition. motu proprio or upon motion. set forth the grounds and brief arguments relied upon for review. (n. 17 February 1998) Section 3. the Solicitor General shall also be notified and entitled to be heard. If the motion is denied. (1a.Section 1. except as otherwise provided in these Rules. — The petition shall be verified and filed in eighteen (18) legible copies. R64) Section 5. the aggrieved party may file the petition within the remaining period. together with certified true copies of such material portions of the record as are referred to therein and other documents relevant and pertinent thereto. 17 February 1998) An action for the reformation of an instrument. final order or resolution. will. (n) Section 4. (Bar Matter No. except as hereinafter provided. contract or other written instrument. to quiet title to real property or remove clouds therefrom. or in any case where the declaration or construction is not necessary and proper under the circumstances. present clearly the issues involved. or any other governmental regulation may. Findings of fact of the Commission supported by substantial evidence shall be final and non-reviewable. (5a. ordinance. Who may file petition. final order or resolution a quo. reckoned from notice of denial. or whose rights are affected by a statute. may be brought under this Rule. Parties. — All persons who have or claim any interest which would be affected by the declaration shall be made parties. — In any action involving the validity of a local government ordinance. Rule 46. The petition shall name the aggrieved party as petitioner and shall join as respondents the Commission concerned and the person or persons interested in sustaining the judgment. (6a. and shall contain a sworn certification against forum shopping as provided in the third paragraph of section 3. ordinance. — In any action which involves the validity of a statute. a breach or violation of an instrument or a statute.00 for costs.

— The filing of a petition for certiorari shall not stay the execution of the judgment or final order or resolution sought to be reviewed. corporation. (2a) Section 3. (n) Section 7. alleging the facts with certainty and praying that judgment be rendered commanding the respondent. speedy and adequate remedy in the ordinary course of law. officer or person. — When the proceedings of any tribunal. immediately or at some other time to be specified by the court. copies of all pleadings and documents relevant and pertinent thereto. are without or in excess of its or his jurisdiction. The Court may also dismiss the petition if it was filed manifestly for delay or the questions raised are too unsubstantial to warrant further proceedings. (n) RULE 65 Certiorari. speedy. In case a motion for reconsideration or new trial is timely filed. or otherwise granting such incidental reliefs as law and justice may require. (n) Section 6. Prohibition and Mandamus Section 1. whether exercising judicial. No other pleading may be filed by any party unless required or allowed by the Court. trust. speedy. (3a) Section 4. and there is no appeal. whether such motion is required or not. board or officer exercising judicial or quasi-judicial functions has acted without or in excess its or his jurisdiction. Effect of filing. The petition shall also contain a sworn certification of non-forum shopping as provided in the third paragraph of section 3. When and where petition filed. and adequate remedy in the ordinary course of law. The requisite number of copies of the comments shall contain plain copies of all documents attached to the original and a copy thereof shall be served on the petitioner. quasi-judicial or ministerial functions. alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal. corporation. or any plain. Rule 46. the Court may dismiss the petition outright. (n) Section 8. (1a) Section 2. board or officer. alleging the facts with certainty and praying that judgment be rendered commanding the respondent to desist from further proceedings in the action or matter specified therein. or the expiration of the period to do so. the case shall be deemed submitted for decision upon the filing of the comments on the petition. or station. Rule 46. and to pay the damages sustained by the petitioner by reason of the wrongful acts of the respondent. . The petition shall be accompanied by a certified true copy of the judgment. board. — Unless the Court sets the case for oral argument. the sixty (60) day period shall be counted from notice of the denial of said motion. — If the Supreme Court finds the petition sufficient in form and substance. copies of all pleadings and documents relevant and pertinent thereto. it shall order the respondents to file their comments on the petition within ten (10) days from notice thereof. Petition for prohibition. — The petition shall be filed not later than sixty (60) days from notice of the judgment. a person aggrieved thereby may file a verified petition in the proper court. and a sworn certification of non-forum shopping as provided in the third paragraph of section 3. and of the timely payment of docket and other lawful fees. or with grave abuse of discretion amounting to lack or excess of jurisdiction. — When any tribunal. otherwise. to do the act required to be done to protect the rights of the petitioner. the person aggrieved thereby may file a verified petition in the proper court. board. The original shall be accompanied by certified true copies of such material portions of the record as are referred to therein together with other supporting papers. and granting such incidental reliefs as law and justice may require. order or resolution. Petition for certiorari. Rule 46. and there is no other plain. — When any tribunal. or of such other pleadings or papers as may be required or allowed. — The comments of the respondents shall be filed in eighteen (18) legible copies. a person aggrieved thereby may file a verified petition in the proper court. or unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled. and adequate remedy in the ordinary course of law. The failure of petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition. order or resolution subject thereof. or with grave abuse of discretion amounting to lack or excess of jurisdiction. The petition shall likewise be accompanied by a certified true copy of the judgment.The petition shall further be accompanied by proof of service of a copy thereof on the Commission concerned and on the adverse party. order or resolution subject thereof. officer or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office. or requires the parties to submit memoranda. and a sworn certification of non-forum shopping as provided in the third paragraph of section 3. Order to comment. unless the Supreme Court shall direct otherwise upon such terms as it may deem just. Submission for decision. Petition for mandamus. (n) Section 9. and there is no appeal or any other plain. Comments of respondents.

00-2-03-SC) Section 5. Before giving due course thereto. the court may require the filing of a reply and such other responsive or other pleadings as it may deem necessary and proper. the petition shall be filed in and cognizable only by the Court of Appeals. (5a) Section 6. corporation. and not a motion to dismiss. Action by Government against individuals. board. The petition shall not interrupt the course of the principal case unless a temporary restraining order or a writ of preliminary injunction has been issued against the public respondent from further proceeding in the case. officer or person. the court may hear the case or require the parties to submit memoranda. the petitioner shall join. The court. 803. (8a) Section 9. the petition. corporation. and it may also grant a temporary restraining order or a writ of preliminary injunction for the preservation of the rights of the parties pending such proceedings. injunctive relief. No extension of time to file the petition shall be granted except for compelling reason and in no case exceeding fifteen (15) days. and the costs awarded in such proceedings in favor of the petitioner shall be against the private respondents only. however. Respondents and costs in certain cases. — When the petition filed relates to the acts or omissions of a judge. If the case is elevated to a higher court by either party. If it involves the acts or omissions of a quasi-judicial agency. board. If after such hearing or submission of memoranda or the expiration of the period for the filing thereof the court finds that the allegations of the petition are true. unless otherwise provided by law or these Rules. — The court in which the petition is filed may issue orders expediting the proceedings. (4a) (Bar Matter No. by the provision of law. officer or person concerned in such manner as the court may direct. — If the petition is sufficient in form and substance to justify such process. or that the questions raised therein are too unsubstantial to require consideration. (6a) Section 7. or the time for the filing thereof has expired. as private respondent or respondents with such public respondent or respondents. tribunal. shall be observed. may dismiss the petition if it finds the same to be patently without merit. if it relates to the acts or omissions of a lower court or of a corporation. board. quasi-judicial agency.The petition shall be filed in the Supreme Court or. unless otherwise specifically directed by the court. the public respondents shall be included therein as nominal parties. Thereafter. and not against the judge. corporation. or unlawfully holds or exercises a public office. (b) A public officer who does or suffers an act which. court. — After the comment or other pleadings required by the court are filed. officer or person impleaded as public respondent or respondents. (1a) . it shall render judgment for the relief prayed for or to which the petitioner is entitled. 21 July 1998. constitutes a ground for the forfeiture of his office. An execution may issue for any damages or costs awarded in accordance with section 1 of Rule 39. tribunal. No. and disobedience thereto shall be punished as contempt. Expediting proceedings. quasi-judicial agency. officer or person.M. the public respondents shall not appear in or file an answer or comment to the petition or any pleading therein. they shall not appear or participate in the proceedings therein. in the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme Court. board. — A certified copy of the judgment rendered in accordance with the last preceding section shall be served upon the court. and it shall be the duty of such private respondents to appear and defend. Proceedings after comment is filed. court. both in his or their own behalf and in behalf of the public respondent or respondents affected by the proceedings. (9a) RULE 66 Quo Warranto Section 1. position or franchise. the court shall issue an order requiring the respondent or respondents to comment on the petition within ten (10) days from receipt of a copy thereof. (7a) Section 8. Such order shall be served on the respondents in such manner as the court may direct together with a copy of the petition and any annexes thereto. the provisions of section 2. or (c) An association which acts as a corporation within the Philippines without being legally incorporated or without lawful authority so to act. Rule 56. prosecuted manifestly for delay. tribunal. However. A. the person or persons interested in sustaining the proceedings in the court. Service and enforcement of order or judgment. — An action for the usurpation of a public office. intrudes into. or in the Sandiganbayan if it is in aid of its appellate jurisdiction. quasi-judicial agency. the court may require the respondents to file their comment to. Order to comment. Unless otherwise specifically directed by the court where the petition is pending. It may also be filed in the Court of Appeals whether or not the same is in aid of its appellate jurisdiction. position or franchise may be commenced by a verified petition brought in the name of the Republic of the Philippines against: (a) A person who usurps. In petitions for certiorari before the Supreme Court and the Court of Appeals.

position or franchise of all the parties to the action as justice requires. Rights of persons adjudged entitled to public office. Parties and contents of petition against usurpation. Limitations. as justice requires. Such further judgment may be rendered determining the respective rights in and to the public office. When an individual may commence such an action. the court shall issue an order to that effect. or the person or persons claiming to be a corporation. (3a) Section 3. describe the real or personal property sought to be expropriated. position or franchise may be made parties. judgment shall be rendered that such respondent be ousted and altogether excluded therefrom. When Solicitor General or public prosecutor may commence action with permission of court. and may immediately thereafter demand of the respondent all the books and papers in the respondent's custody or control appertaining to the office to which the judgment relates. (6) Section 6. position or franchise determined. but in such case the officer bringing it may first require an indemnity for the expenses and costs of the action in an amount approved by and to be deposited in the court by the person at whose request and upon whose relation the same is brought. (16a) Section 12. (5a) Section 5. and if permission is granted. if any. damages. (15a) Section 11. in the same action. must commence such action. take upon himself the execution of the office. — The court may reduce the period provided by these Rules for filing pleadings and for all other proceedings in the action in order to secure the most expeditious determination of the matters involved therein consistent with the rights of the parties. When Solicitor General or public prosecutor must commence action. intruding into. — An action under the preceding six sections can be brought only in the Supreme Court. and join as . or unlawfully holding or exercising a public office. The person adjudged entitled to the office may also bring action against the respondent to recover the damages sustained by such person by reason of the usurpation. (4a) Section 4. (17a) RULE 67 Expropriation Section 1. The complaint. with an averment of his right to the same and that the respondent is unlawfully in possession thereof. or the respondent. with the permission of the court in which the action is to be commenced. after taking the oath of office and executing any official bond required by law. — When the action is against a person for usurping a public office. it may be brought in a Regional Trial Court in the City of Manila. arose. but when the Solicitor General commences the action. (8a) Section 8. Period for pleadings and proceedings may be reduced. the court may render judgment for costs against either the petitioner. in the Court of Appeals. — If judgment be rendered in favor of the person averred in the complaint to be entitled to the public office he may. — A person claiming to be entitled to a public office or position usurped or unlawfully held or exercised by another may bring an action therefor in his own name. — Upon application for permission to commence such action in accordance with the next preceding section. or in the Regional Trial Court exercising jurisdiction over the territorial area where the respondent or any of the respondents resides. when directed by the President of the Philippines. he may be punished for contempt as having disobeyed a lawful order of the court. position or franchise. — The Solicitor General or a public prosecutor. bring such an action at the request and upon the relation of another person. or in the Supreme Court.Section 2. the Court of Appeals. Judgment where usurpation found. nor to authorize an action for damages in accordance with the provisions of the next preceding section unless the same be commenced within one (1) year after the entry of the judgment establishing the petitioner's right to the office in question. If the respondent refuses or neglects to deliver any book or paper pursuant to such demand. delivery of books and papers. (10a) Section 10. the court shall direct that notice be given to the respondent so that he may be heard in opposition thereto. action given precedence. Judgment for costs. or when upon complaint or otherwise he has good reason to believe that any case specified in the preceding section can be established by proof. — When the respondent is found guilty of usurping into. position or franchise. as the case may be. Venue. and their respective rights to such public office. and the petition shall then be filed within the period ordered by the court. recover his costs. copies of which shall be served on all interested parties. All persons who claim to be entitled to the public office. (9a) Section 9. or the right of the petitioner to hold such office or position. (7a) Section 7. — The Solicitor General or a public prosecutor may. When hearing had on application for permission to commence action. Such action may be given precedence over any other civil matter pending in the court. — The right of eminent domain shall be exercised by the filing of a verified complaint which shall state with certainty the right and purpose of expropriation. — In an action brought in accordance with the provisions of this Rule. and that the petitioner or relator. — Nothing contained in this Rule shall be construed to authorize an action against a public officer or employee for his ouster from office unless the same be commenced within one (1) year after the cause of such ouster. or may apportion the costs. the relator. the petition shall set forth the name of the person who claim to be entitled thereto.

or the owner be deprived of the actual value of his property so taken. the separate interest of each defendant. argue the case. A final order sustaining the right to expropriate the property may be appealed by any party aggrieved thereby. Such appeal. Evidence may be introduced by either party before the commissioners who are authorized to administer oaths on hearings before them. in the interest of justice. specifically designating or identifying the property in which he claims to be interested. the court may issue an order of expropriation declaring that the plaintiff has a lawful right to take the property sought to be expropriated. Such deposit shall be in money. After the rendition of such an order. shall not prevent the court from determining the just compensation to be paid. Thereafter. Objections to the appointment of any of the commissioners shall be filed with the court within ten (10) days from service. unless in lieu thereof the court authorizes the deposit of a certificate of deposit of a government bank of the Republic of the Philippines payable on demand to the authorized government depositary. (2a) Section 3. by himself or counsel. — If the objections to and the defenses against the right of the plaintiff to expropriate the property are overruled. he shall be entitled to notice of all proceedings affecting the same. Entry of plaintiff upon depositing value with authorized government depositary. The order of appointment shall designate the time and place of the first session of the hearing to be held by the commissioners and specify the time within which their report shall be submitted to the court. — Upon the rendition of the order of expropriation. Ascertainment of compensation. whichever came first. upon the payment of just compensation to be determined as of the date of the taking of the property or the filing of the complaint. Defenses and objections. cross-claim or third-party complaint shall be alleged or allowed in the answer or any subsequent pleading. A defendant waives all defenses and objections not so alleged but the court. averment to that effect shall be made in the complaint. If a defendant has any objection to the filing of or the allegations in the complaint. the operation of its franchise by the corporation or the carrying on of the business of the corporation or person taking the property. Order of expropriation. and the commissioners shall. and adduce all his objections and defenses to the taking of his property. and he may share in the distribution of the award. so far as practicable. (6a) Section 7. to attend.defendants all persons owning or claiming to own. or when no party appears to defend as required by this Rule. state the nature and extent of the interest claimed. (1a) Section 2. However. which oath shall be filed in court with the other proceedings in the case. after due notice to the parties. Report by commissioners and judgment thereupon. and shall be resolved within thirty (30) days after all the commissioners shall have received copies of the objections. unless the parties consent to the contrary. The commissioners shall assess the consequential damages to the property not taken and deduct from such consequential damages the consequential benefits to be derived by the owner from the public use or purpose of the property taken. or if the title is otherwise obscure or doubtful so that the plaintiff cannot with accuracy or certainty specify who are the real owners. and may measure the same. he may file and serve a notice of appearance and a manifestation to that effect. he may present evidence as to the amount of the compensation to be paid for his property. (n) Section 4. If personal property is involved. Proceedings by commissioners. Copies of the order shall be served on the parties. he shall serve his answer within the time stated in the summons. — If a defendant has no objection or defense to the action or the taking of his property. — Upon the filing of the complaint or at any time thereafter and after due notice to the defendant. No counterclaim. view and examine the property sought to be expropriated and its surroundings. however. — The court may order the commissioners to report when any . (5a) Section 6. the plaintiff shall not be permitted to dismiss or discontinue the proceeding except on such terms as the court deems just and equitable. its value shall be provisionally ascertained and the amount to be deposited shall be promptly fixed by the court. the plaintiff shall have the right to take or enter upon the possession of the real property involved if he deposits with the authorized government depositary an amount equivalent to the assessed value of the property for purposes of taxation to be held by such bank subject to the orders of the court. The answer shall specifically designate or identify the property in which he claims to have an interest. After such deposit is made the court shall order the sheriff or other proper officer to forthwith place the plaintiff in possession of the property involved and promptly submit a report thereof to the court with service of copies to the parties. (4a) Section 5. — Before entering upon the performance of their duties. showing. at the trial of the issue of just compensation whether or not a defendant has previously appeared or answered. or occupying. may permit amendments to the answer to be made not later than ten (10) days from the filing thereof. although occupied by private individuals. or any objection or defense to the taking of his property. But in no case shall the consequential benefits assessed exceed the consequential damages assessed. If the title to any property sought to be expropriated appears to be in the Republic of the Philippines. any part thereof or interest therein. the court shall appoint not more than three (3) competent and disinterested persons as commissioners to ascertain and report to the court the just compensation for the property sought to be taken. for the public use or purpose described in the complaint. within the time stated in the summons. after which either party may. the commissioners shall take and subscribe an oath that they will faithfully perform their duties as commissioners.

particular portion of the real estate shall have been passed upon by them, and may render judgment upon such partial report, and direct the commissioners to proceed with their work as to subsequent portions of the property sought to be expropriated, and may from time to time so deal with such property. The commissioners shall make a full and accurate report to the court of all their proceedings, and such proceedings shall not be effectual until the court shall have accepted their report and rendered judgment in accordance with their recommendations. Except as otherwise expressly ordered by the court, such report shall be filed within sixty (60) days from the date the commissioners were notified of their appointment, which time may be extended in the discretion of the court. Upon the filing of such report, the clerk of the court shall serve copies thereof on all interested parties, with notice that they are allowed ten (10) days within which to file objections to the findings of the report, if they so desire. (7a) Section 8. Action upon commissioners' report. — Upon the expiration of the period of ten (10) days referred to in the preceding section, or even before the expiration of such period but after all the interested parties have filed their objections to the report or their statement of agreement therewith, the court may, after hearing, accept the report and render judgment in accordance therewith, or, for cause shown, it may recommit the same to the commissioners for further report of facts, or it may set aside the report and appoint new commissioners; or it may accept the report in part and reject it in part and it may make such order or render such judgment as shall secure to the plaintiff the property essential to the exercise of his right of expropriation, and to the defendant just compensation for the property so taken. (8a) Section 9. Uncertain ownership; conflicting claims. — If the ownership of the property taken is uncertain, or there are conflicting claims to any part thereof, the court may order any sum or sums awarded as compensation for the property to be paid to the court for the benefit of the person adjudged in the same proceeding to be entitled thereto. But the judgment shall require the payment of the sum or sums awarded to either the defendant or the court before the plaintiff can enter upon the property, or retain it for the public use or purpose if entry has already been made. (9a) Section 10. Rights of plaintiff after judgment and payment. — Upon payment by the plaintiff to the defendant of the compensation fixed by the judgment, with legal interest thereon from the taking of the possession of the property, or after tender to him of the amount so fixed and payment of the costs, the plaintiff shall have the right to enter upon the property expropriated and to appropriate it for the public use or purpose defined in the judgment, or to retain it should he have taken immediate possession thereof under the provisions of section 2 hereof. If the defendant and his counsel absent themselves from the court, or decline to receive the amount tendered, the same shall be ordered to be deposited in court and such deposit shall have the same effect as actual payment thereof to the defendant or the person ultimately adjudged entitled thereto. (10a) Section 11. Entry not delayed by appeal; effect of reversal. — The right of the plaintiff to enter upon the property of the defendant and appropriate the same for public use or purpose shall not be delayed by an appeal from the judgment. But if the appellate court determines that plaintiff has no right of expropriation, judgment shall be rendered ordering the Regional Trial Court to forthwith enforce the restoration to the defendant of the possession of the property, and to determine the damages which the defendant sustained and may recover by reason of the possession taken by the plaintiff. (11a) Section 12. Costs, by whom paid. — The fees of the commissioners shall be taxed as a part of the costs of the proceedings. All costs, except those of rival claimants litigating their claims, shall be paid by the plaintiff, unless an appeal is taken by the owner of the property and the judgment is affirmed, in which event the costs of the appeal shall be paid by the owner. (12a) Section 13. Recording judgment, and its effect. — The judgment entered in expropriation proceedings shall state definitely, by an adequate description, the particular property or interest therein expropriated, and the nature of the public use or purpose for which it is expropriated. When real estate is expropriated, a certified copy of such judgment shall be recorded in the registry of deeds of the place in which the property is situated, and its effect shall be to vest in the plaintiff the title to the real estate so described for such public use or purpose. (13a) Section 14. Power of guardian in such proceedings. — The guardian or guardian ad litem of a minor or of a person judicially declared to be incompetent may, with the approval of the court first had, do and perform on behalf of his ward any act, matter, or thing respecting the expropriation for public use or purpose of property belonging to such minor or person judicially declared to be incompetent, which such minor or person judicially declared to be incompetent could do in such proceedings if he were of age or competent. (14a)

RULE 68 Foreclosure of Real Estate Mortgage Section 1. Complaint in action for foreclosure. — In an action for the foreclosure of a mortgage or other encumbrance upon real estate, the complaint shall set forth the date and due execution of the mortgage; its assignments, if any; the names and residences of the mortgagor and the mortgagee; a description of the mortgaged property; a statement of the date of the note or other documentary evidence of the obligation secured by the mortgage, the amount claimed to be unpaid thereon; and the names and residences of all persons having or claiming an interest in the property subordinate in right to that of the holder of the mortgage, all of whom shall be made defendants in the action. (1a)

Section 2. Judgment on foreclosure for payment or sale. — If upon the trial in such action the court shall find the facts set forth in the complaint to be true, it shall ascertain the amount due to the plaintiff upon the mortgage debt or obligation, including interest and other charges as approved by the court, and costs, and shall render judgment for the sum so found due and order that the same be paid to the court or to the judgment obligee within a period of not less than ninety (90) days nor more than one hundred twenty (120) days from the entry of judgment, and that in default of such payment the property shall be sold at public auction to satisfy the judgment. (2a) Section 3. Sale of mortgaged property; effect. — When the defendant, after being directed to do so as provided in the next preceding section, fails to pay the amount of the judgment within the period specified therein, the court, upon motion, shall order the property to be sold in the manner and under the provisions of Rule 39 and other regulations governing sales of real estate under execution. Such sale shall not affect the rights of persons holding prior encumbrances upon the property or a part thereof, and when confirmed by an order of the court, also upon motion, it shall operate to divest the rights in the property of all the parties to the action and to vest their rights in the purchaser, subject to such rights of redemption as may be allowed by law. Upon the finality of the order of confirmation or upon the expiration of the period of redemption when allowed by law, the purchaser at the auction sale or last redemptioner, if any, shall be entitled to the possession of the property unless a third party is actually holding the same adversely to the judgment obligor. The said purchaser or last redemptioner may secure a writ of possession, upon motion, from the court which ordered the foreclosure. (3a) Section 4. Disposition of proceeds of sale. — The amount realized from the foreclosure sale of the mortgaged property shall, after deducting the costs of the sale, be paid to the person foreclosing the mortgage, and when there shall be any balance or residue, after paying off the mortgage debt due, the same shall be paid to junior encumbrancers in the order of their priority, to be ascertained by the court, or if there be no such encumbrancers or there be a balance or residue after payment to them, then to the mortgagor or his duly authorized agent, or to the person entitled to it. (4a) Section 5. How sale to proceed in case the debt is not all due. — If the debt for which the mortgage or encumbrance was held is not all due as provided in the judgment as soon as a sufficient portion of the property has been sold to pay the total amount and the costs due, the sale shall terminate; and afterwards as often as more becomes due for principal or interest and other valid charges, the court may, on motion, order more to be sold. But if the property cannot be sold in portions without prejudice to the parties, the whole shall be ordered to be sold in the first instance, and the entire debt and costs shall be paid, if the proceeds of the sale be sufficient therefor, there being a rebate of interest where such rebate is proper. (5a) Section 6. Deficiency judgment. — If upon the sale of any real property as provided in the next preceding section there be a balance due to the plaintiff after applying the proceeds of the sale, the court, upon motion, shall render judgment against the defendant for any such balance for which, by the record of the case, he may be personally liable to the plaintiff, upon which execution may issue immediately if the balance is all due at the time of the rendition of the judgment; otherwise; the plaintiff shall be entitled to execution at such time as the balance remaining becomes due under the terms of the original contract, which time shall be stated in the judgment. (6a) Section 7. Registration. — A certified copy of the final order of the court confirming the sale shall be registered in the registry of deeds. If no right of redemption exists, the certificate of title in the name of the mortgagor shall be cancelled, and a new one issued in the name of the purchaser. Where a right of redemption exists, the certificate of title in the name of the mortgagor shall not be cancelled, but the certificate of sale and the order confirming the sale shall be registered and a brief memorandum thereof made by the registrar of deeds upon the certificate of title. In the event the property is redeemed, the deed of redemption shall be registered with the registry of deeds, and a brief memorandum thereof shall be made by the registrar of deeds on said certificate of title. If the property is not redeemed, the final deed of sale executed by the sheriff in favor of the purchaser at the foreclosure sale shall be registered with the registry of deeds; whereupon the certificate of title in the name of the mortgagor shall be cancelled and a new one issued in the name of the purchaser. (n) Section 8. Applicability of other provisions. — The provisions of sections 31, 32 and 34 of Rule 39 shall be applicable to the judicial foreclosure of real estate mortgages under this Rule insofar as the former are not inconsistent with or may serve to supplement the provisions of the latter. (8a)

RULE 69 Partition Section 1. Complaint in action for partition of real estate. — A person having the right to compel the partition of real estate may do so as provided in this Rule, setting forth in his complaint the nature and extent of his title and an adequate description of the real estate of which partition is demanded and joining as defendants all other persons interested in the property. (1a)

Section 2. Order for partition and partition by agreement thereunder. — If after the trial the court finds that the plaintiff has the right thereto, it shall order the partition of the real estate among all the parties in interest. Thereupon the parties may, if they are able to agree, make the partition among themselves by proper instruments of conveyance, and the court shall confirm the partition so agreed upon by all the parties, and such partition, together with the order of the court confirming the same, shall be recorded in the registry of deeds of the place in which the property is situated. (2a) A final order decreeing partition and accounting may be appealed by any party aggrieved thereby. (n) Section 3. Commissioners to make partition when parties fail to agree. — If the parties are unable to agree upon the partition, the court shall appoint not more than three (3) competent and disinterested persons as commissioners to make the partition, commanding them to set off to the plaintiff and to each party in interest such part and proportion of the property as the court shall direct. (3a) Section 4. Oath and duties of commissioners. — Before making such partition; the commissioners shall take and subscribe an oath that they will faithfully perform their duties as commissioners, which oath shall be filed in court with the other proceedings in the case. In making the partition, the commissioners shall view and examine the real estate, after due notice to the parties to attend at such view and examination, and shall hear the parties as to their preference in the portion of the property to be set apart to them and the comparative value thereof, and shall set apart the same to the parties in lots or parcels as will be most advantageous and equitable, having due regard to the improvements, situation and quality of the different parts thereof. (4a) Section 5. Assignment or sale of real estate by commissioners. — When it is made to appear to the commissioners that the real state, or a portion thereof, cannot be divided without prejudice to the interests of the parties, the court may order it assigned to one of the parties willing to take the same, provided he pays to the other parties such amount as the commissioners deem equitable, unless one of the interested parties asks that the property be sold instead of being so assigned, in which case the court shall order the commissioners to sell the real estate at public sale under such conditions and within such time as the court may determine. (5a) Section 6. Report of commissioners; proceedings not binding until confirmed. — The commissioners shall make a full and accurate report to the court of all their proceedings as to the partition, or the assignment of real estate to one of the parties, or the sale of the same. Upon the filing of such report, the clerk of court shall serve copies thereof on all the interested parties with notice that they are allowed ten (10) days within which to file objections to the findings of the report, if they so desire. No proceeding had before or conducted by the commissioners and rendered judgment thereon. (6a) Section 7. Action of the court upon commissioners report. — Upon the expiration of the period of ten (10) days referred to in the preceding section or even before the expiration of such period but after the interested parties have filed their objections to the report or their statement of agreement therewith the court may, upon hearing, accept the report and render judgment in accordance therewith, or, for cause shown recommit the same to the commissioners for further report of facts; or set aside the report and appoint new commissioners; or accept the report in part and reject it in part; and may make such order and render such judgment as shall effectuate a fair and just partition of the real estate, or of its value, if assigned or sold as above provided, between the several owners thereof. (7) Section 8. Accounting for rent and profits in action for partition. — In an action for partition in accordance with this Rule, a party shall recover from another his just share of rents and profits received by such other party from the real estate in question, and the judgment shall include an allowance for such rents and profits. (8a) Section 9. Power of guardian in such proceedings. — The guardian or guardian ad litem of a minor or person judicially declared to be incompetent may, with the approval of the court first had, do and perform on behalf of his ward any act, matter, or thing respecting the partition of real estate, which the minor or person judicially declared to be incompetent could do in partition proceedings if he were of age or competent. (9a) Section 10. Costs and expenses to be taxed and collected. — The court shall equitably tax and apportion between or among the parties the costs and expenses which accrue in the action, including the compensation of the commissioners, having regard to the interests of the parties, and execution may issue therefor as in other cases. (10a) Section 11. The judgment and its effect; copy to be recorded in registry of deeds. — If actual partition of property is made, the judgment shall state definitely, by metes and bounds and adequate description, the particular portion of the real estate assigned to each party, and the effect of the judgment shall be to vest in each party to the action in severalty the portion of the real estate assigned to him. If the whole property is assigned to one of the parties upon his paying to the others the sum or sums ordered by the court, the judgment shall state the fact of such payment and of the assignment of the real estate to the party making the payment, and the effect of the judgment shall be to vest in the party making the payment the whole of the real estate free from any interest on the part of the other parties to the action. If the property is sold and the sale confirmed by the court, the judgment shall state the name of the purchaser or purchasers and a definite description of the parcels of real estate sold to each purchaser, and the effect of the judgment shall be to vest the real estate in the purchaser or purchasers making the payment or payments, free from the claims of any of the parties to the action. A certified copy of the judgment shall in either case be recorded in the registry of deeds of the place in which the real estate is situated, and the expenses of such recording shall be taxed as part of the costs of the action. (11a) Section 12. Neither paramount rights nor amicable partition affected by this Rule. — Nothing in this Rule contained shall be construed so as to prejudice, defeat, or destroy the right or title of any person claiming the real estate involved by title under any

other person, or by title paramount to the title of the parties among whom the partition may have been made, nor so as to restrict or prevent persons holding real estate jointly or in common from making an amicable partition thereof by agreement and suitable instruments of conveyance without recourse to an action. (12a) Section 13. Partition of personal property. — The provisions of this Rule shall apply to partitions of estates composed of personal property, or of both real and personal property, in so far as the same may be applicable. (13)

RULE 70 Forcible Entry and Unlawful Detainer Section 1. Who may institute proceedings, and when. — Subject to the provisions of the next succeeding section, a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, express or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person, may, at any time within one (1) year after such unlawful deprivation or withholding of possession, bring an action in the proper Municipal Trial Court against the person or persons unlawfully withholding or depriving of possession, or any person or persons claiming under them, for the restitution of such possession, together with damages and costs. (1a) Section 2. Lessor to proceed against lessee only after demand. — Unless otherwise stipulated, such action by the lesser shall be commenced only after demand to pay or comply with the conditions of the lease and to vacate is made upon the lessee, or by serving written notice of such demand upon the person found on the premises if no person be found thereon, and the lessee fails to comply therewith after fifteen (15) days in the case of land or five (5) days in the case of buildings. (2a) Section 3. Summary procedure. — Except in cases covered by the agricultural tenancy laws or when the law otherwise expressly provides, all actions for forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered, shall be governed by the summary procedure hereunder provided. (n) Section 4. Pleadings allowed. — The only pleadings allowed to be filed are the complaint, compulsory counterclaim and cross-claim pleaded in the answer, and the answers thereto. All pleadings shall be verified. (3a, RSP) Section 5. Action on complaint. — The court may, from an examination of the allegations in the complaint and such evidence as may be attached thereto, dismiss the case outright on any of the grounds for the dismissal of a civil action which are apparent therein. If no ground for dismissal is found, it shall forthwith issue summons. (n) Section 6. Answers. — Within ten (10) days from service of summons, the defendant shall file his answer to the complaint and serve a copy thereof on the plaintiff. Affirmative and negative defenses not pleaded therein shall be deemed waived, except lack of jurisdiction over the subject matter. Cross-claims and compulsory counterclaims not asserted in the answer shall be considered barred. The answer to counterclaims or cross-claims shall be served and filed within ten (10) days from service of the answer in which they are pleaded. (5 RSP) Section 7. Effect of failure to answer. — Should the defendant fail to answer the complaint within the period above provided, the court, motu proprio or on motion of the plaintiff, shall render judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for therein. The court may in its discretion reduce the amount of damages and attorney's fees claimed for being excessive or otherwise unconscionable, without prejudice to the applicability of section 3 (c), Rule 9 if there are two or more defendants. (6, RSP) Section 8. Preliminary conference; appearance of parties. — Not later than thirty (30) days after the last answer is filed, a preliminary conference shall be held. The provisions of Rule 18 on pre-trial shall be applicable to the preliminary conference unless inconsistent with the provisions of this Rule. The failure of the plaintiff to appear in the preliminary conference shall be cause for the dismissal of his complaint. The defendant who appears in the absence of the plaintiff shall be entitled to judgment on his counterclaim in accordance with the next preceding section. All cross-claims shall be dismissed. (7, RSP) If a sole defendant shall fail to appear, the plaintiff shall likewise be entitled to judgment in accordance with the next preceding section. This procedure shall not apply where one of two or more defendants sued under a common cause of action defense shall appear at the preliminary conference. No postponement of the preliminary conference shall be granted except for highly meritorious grounds and without prejudice to such sanctions as the court in the exercise of sound discretion may impose on the movant. (n) Section 9. Record of preliminary conference. — Within five (5) days after the termination of the preliminary conference, the court

the parties shall submit the affidavits of their witnesses and other evidence on the factual issues defined in the order. issue an order specifying the matters to be clarified. Dilatory motions for postponement. and may be revived only after that requirement shall have been complied with. 2. Petition for relief from judgment. or for reopening of trial. 4. A possessor deprived of his possession through forcible from the filing of the complaint. and if so. RSP) Section 10. The stipulations or admissions entered into by the parties. — The court may grant preliminary injunction. the court shall render judgment. — Cases requiring referral for conciliation. Judgment shall be rendered within fifteen (15) days after the receipt of the last affidavit or the expiration of the period for filing the same. or prohibition against any interlocutory order issued by the court. Prohibited pleadings and motions. RSP) Section 13. or failure to comply with section 12. Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject matter. Motion for a bill of particulars. Interventions. including but not limited to: 1. Motion for extension of time to file pleadings. Referral for conciliation. in accordance with the provisions of Rule 58 hereof. The court shall not resort to the foregoing procedure just to gain time for the rendition of the judgment. 11. Motion for new trial. Motion to declare the defendant in default. Preliminary injunction. Whether the parties have arrived at an amicable settlement. — The following petitions. and 5. 10. RSP) Section 14. Whether. Affidavits. mandamus. RSP) Section 11. Memoranda. RSP) Section 15. (8. Third-party complaints. (18a. 3. during the said period. Such other matters intended to expedite the disposition of the case. motions. the terms thereof. should the court find it necessary to clarify certain material facts. (20. (n) Section 12. A clear specification of material facts which remain converted. and shall show their competence to testify to the matters stated therein.shall issue an order stating the matters taken up therein. Period for rendition of judgment. — The affidavits required to be submitted under this Rule shall state only facts of direct personal knowledge of the affiants which are admissible in evidence. Reply. or pleadings shall not be allowed: 1. Submission of affidavits and position papers. or for reconsideration of a judgment. 6. in which event the judgment shall be rendered within thirty (30) days from issuance of the order. A violation of this requirement may subject the party or the counsel who submits the same to disciplinary action. Petition for certiorari. 3. together with their position papers setting forth the law and the facts relied upon by them. where there is no showing of compliance with such requirement. and require the parties to submit affidavits or other evidence on the said matters within ten (10) days from receipt of said order. or the expiration of the period for filing the same. 4. and shall be cause to expunge the inadmissible affidavit or portion thereof from the record. 7. judgment may be rendered without the need of further proceedings. (19a. 12. 5. on the basis of the pleadings and the stipulations and admission made by the parties. — Within ten (10) days from receipt of the order mentioned in the next preceding section. — Within thirty (30) days after receipt of the affidavits and position papers. However. affidavits or any other paper. 2. (9. shall be dismissed without prejudice. 9. present a motion in the action for forcible . to prevent the defendant from committing further acts of dispossession against the plaintiff. 8.

or by a fine not exceeding two hundred pesos or imprisonment not exceeding one (1) day. including disrespect toward the court. The supersedeas bond shall be transmitted by the Municipal Trial Court. or to subscribe an affidavit or deposition when lawfully required to do so. during the pendency of the appeal. shall decree otherwise. and shall be held there until the final disposition of the appeal. (7a) Section 19. — Upon motion of the plaintiff. shall order the execution of the judgment appealed from with respect to the restoration of possession. In any case wherein it appears that the defendant has been deprived of the lawful possession of land or building pending the appeal by virtue of the execution of the judgment of the Municipal Trial Court. attorney's fees and costs. — When the defendant raises the defense of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership. The judgment or final order shall be appealable to the appropriate Regional Trial Court which shall decide the same on the basis of the entire record of the proceedings had in the court of origin and such memoranda and/or briefs as may be submitted by the parties or required by the Regional Trial Court. the issue of ownership shall be resolved only to determine the issue of possession. how to stay same. In the absence of a contract. if it be a lower court. After the case is decided by the Regional Trial Court. the court shall render judgment for the sum found in arrears from either party and award costs as justice requires. (3a) Section 16. — If after trial court finds that the allegations of the complaint are true. with the papers. Such judgment shall not bar an action between the same parties respecting title to the land or building. (6a) Section 18. the latter may issue a writ of preliminary mandatory injunction to restore the plaintiff in possession if the court is satisfied that the defendant's appeal is frivolous or dilatory or that the appeal of the plaintiff is prima facie meritorious. — The judgment of the Regional Trial Court against the defendant shall be immediately executory. — A person guilty of misbehavior in the presence of or so near a court as to obstruct or interrupt the proceedings before the same. (8a) Section 20. or both. (9a) Section 21. damages for such deprivation of possession and restoration of possession and restoration of possession may be allowed the defendant in the judgment of the Regional Trial Court disposing of the appeal. — The judgment rendered in an action for forcible entry or detainer shall be conclusive with respect to the possession only and shall in no wise bind the title or affect the ownership of the land or building. without prejudice to a further appeal that may be taken therefrom. or refusal to be sworn or to answer as a witness. the appellate court. but may avail . if any. offensive personalities toward others. (4a) Section 17. execution shall issue immediately upon motion unless an appeal has been perfected and the defendant to stay execution files a sufficient supersedeas bond. Immediate execution on appeal to Court of Appeals or Supreme Court. as determined by the judgment of the Municipal Trial Court. may be summarily adjudged in contempt by such court and punished by a fine not exceeding two thousand pesos or imprisonment not exceeding ten (10) days. (10a) RULE 71 Contempt Section 1. and unless. he deposits with the appellate court the amount of rent due from time to time under the contract. All amounts so paid to the appellate court shall be deposited with said court or authorized government depositary bank. if it be a Regional Trial Court or a court of equivalent or higher rank. the sum justly due as arrears of rent or as reasonable compensation for the use and occupation of the premises. or for justifiable reasons. he shall deposit with the Regional Trial Court the reasonable value of the use and occupation of the premises for the preceding month or period at the rate determined by the judgment of the lower court on or before the tenth day of each succeeding month or period. Remedy therefrom.entry or unlawful detainer for the issuance of a writ of preliminary mandatory injunction to restore him in his possession. and costs accruing down to the time of the judgment appealed from. within ten (10) days from the perfection of the appeal to the Regional Trial Court. not conclusive in actions involving title or ownership. Preliminary mandatory injunction in case of appeal. or both. The court shall decide the motion within thirty (30) days from the filing thereof. Judgment. If a counterclaim is established. Immediate execution of judgment. by agreement of the interested parties. — If judgment is rendered against the defendant. or in the absence of reasonable grounds of opposition to a motion to withdraw. Direct contempt punished summarily. — The person adjudged in direct contempt by any court may not appeal therefrom. to the clerk of the Regional Trial Court to which the action is appealed. Resolving defense of ownership. unless the court. but such execution shall not be a bar to the appeal taking its course until the final disposition thereof on the merits. upon motion of the plaintiff. damages. approved by the Municipal Trial Court and executed in favor of the plaintiff to pay the rents. (1a) Section 2. any money paid to the court by the defendant for purposes of the stay of execution shall be disposed of in accordance with the provisions of the judgment of the Regional Trial Court. it shall render judgment in favor of the plaintiff for the restitution of the premises. Should the defendant fail to make the payments above prescribed from time to time during the pendency of the appeal. and upon proof of such failure. Judgment conclusive only on possession.

(f) Failure to obey a subpoena duly served. (b) Disobedience of or resistance to a lawful writ. or attempted rescue. If he is adjudged guilty of contempt committed against a lower court. (7a) Section 9. (c) Any abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt under section 1 of this Rule. (6a) Section 8. Indirect contempt to be punished after charge and hearing. (5a) Section 7. provided such person files a bond fixed by the court which rendered the judgment and conditioned that he will abide by and perform the judgment should the petition be decided against him. Bar Matter No. (3a) Section 4. (d) Any improper conduct tending. and an opportunity given to the respondent to comment thereon within such period as may be fixed by the court and to be heard by himself or counsel. or from holding him in custody pending such proceedings. or judgment of a court. or in any manner disturbs the possession given to the person adjudged to be entitled thereto. obstruct. heard and decided separately. as in ordinary civil actions. Punishment for indirect contempt. — When a respondent released on bail fails to appear on the day fixed for the hearing. but the proceedings may also be instituted in such lower court subject to appeal to the Regional Trial Court of such place in the same manner as provided in section 11 of this Rule. 21 July 1998) Section 6. or both. 803. the charge may be filed with such court. order. the petition for contempt shall allege that fact but said petition shall be docketed. the measure of damages shall be the extent of the loss or injury . Proceeding when party released on bail fails to answer. If the contempt consists in the violation of a writ of injunction. (g) The rescue. (n) Section 5. unless the court in its discretion orders the consolidation of the contempt charge and the principal action for joint hearing and decision. if the bond be proceeded against. or degrade the administration of justice. a person guilty of any of the following acts may be punished for indirect contempt. he may also be ordered to make complete restitution to the party injured by such violation of the property involved or such amount as may be alleged and proved. shall issue for the enforcement of a judgment imposing a fine unless the court otherwise provides. the charge may be filed with the Regional Trial Court of the place in which the lower court is sitting. The writ of execution. If the contempt charges arose out of or are related to a principal action pending in the court. the court shall proceed to investigate the charge and consider such comment. (a) Misbehavior of an officer of a court in the performance of his official duties or in his official transactions. in an amount fixed by the court. temporary restraining order or status quo order. and upon full compliance with the requirements for filing initiatory pleadings for civil actions in the court concerned. testimony or defense as the respondent may make or offer. to impede. release on bail. — After a charge in writing has been filed. the court may issue another order of arrest or may order the bond for his appearance to be forfeited and confiscated. the respondent may be released from custody upon filing a bond. or against an officer appointed by it. (2a) Section 3. or both. Hearing. How proceedings commenced. The execution of the judgment shall be suspended pending resolution of such petition. (e) Assuming to be an attorney or an officer of a court. for his appearance at the hearing of the charge. he may be imprisoned by order of the court concerned until he performs it. (4a. of a person or property in the custody of an officer by virtue of an order or process of a court held by him. enters or attempts or induces another to enter into or upon such real property. he may be punished by a fine not exceeding five thousand pesos or imprisonment not exceeding one (1) month. process. — Proceedings for indirect contempt may be initiated motu propio by the court against which the contempt was committed by an order or any other formal charge requiring the respondent to show cause why he should not be punished for contempt. In all other cases. including the act of a person who. and. for the purpose of executing acts of ownership or possession. directly or indirectly. charges for indirect contempt shall be commenced by a verified petition with supporting particulars and certified true copies of documents or papers involved therein. Where such contempt has been committed against a lower court. — Where the charge for indirect contempt has been committed against a Regional Trial Court or a court of equivalent or higher rank. or both. — If the respondent is adjudged guilty of indirect contempt committed against a Regional Trial Court or a court of equivalent or higher rank. and acting as such without authority.himself of the remedies of certiorari or prohibition. Imprisonment until order obeyed. Where charge to be filed. after being dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction. On the day set therefor. — When the contempt consists in the refusal or omission to do an act which is yet in the power of the respondent to perform. But nothing in this section shall be so construed as to prevent the court from issuing process to bring the respondent into court. — If the hearing is not ordered to be had forthwith. he may be punished by a fine not exceeding thirty thousand pesos or imprisonment not exceeding six (6) months.

But execution of the judgment or final order shall not be suspended until a bond is filed by the person adjudged in contempt. the admission to the practice of law. the bond shall be liable and disposed of as in criminal cases. If there is no aggrieved party. or shall have suppletory effect to such rules as they may have adopted pursuant to authority granted to them by law to punish for contempt.Arellano Law Foundation Rules of Court The Lawphil Project . Court may release respondent. — The court which issued the order imprisoning a person for contempt may discharge him from imprisonment when it appears that public interest will not be prejudiced by his release. 1997 RULES OF COURT Pursuant to the provisions of section 5 (5) of Article VIII of the Constitution. the Integrated Bar. — The judgment or final order of a court in a case of indirect contempt may be appealed to the proper court as in criminal cases. Contempt against quasi-judicial entities. this Rule shall apply to contempt committed against persons. 1997 Per Resolution of the Supreme Court in Bar Matter No. (10a) Section 12. — Unless otherwise provided by law. and such recovery shall be for the benefit of the party injured. (8a) Section 10. AS AMENDED 1997 RULES OF CIVIL PROCEDURE. entities.Arellano Law Foundation Rules 1-71 1997 RULES OF CIVIL PROCEDURE. conditioned that if the appeal be decided against him he will abide by and perform the judgment or final order. Review of judgment or final order. bodies or agencies exercising quasi-judicial functions. (n) The Lawphil Project . (9a) Section 11. . AS AMENDED (RULES 1-71.sustained by the aggrieved party by reason of the misconduct for which the contempt charge was prosecuted. The Regional Trial Court of the place wherein the contempt has been committed shall have jurisdiction over such charges as may be filed therefor. practice and procedure in all courts. the Supreme Court hereby adopts and promulgates the following rules concerning the protection and enforcement of constitutional rights. 803 Adopted in Baguio City on April 8. bond for stay. RULES OF COURT) EFFECTIVE JULY 1. pleading. in an amount fixed by the court from which the appeal is taken. with the costs of the proceedings.

a right. — These Rules shall not apply to election cases. — These Rule shall be known and cited as the Rules of Court. (n) Section 3. — A civil action is commenced by the filing of the original complaint in court. (2a.and legal assistance to the underprivileged: RULE 1 General Provisions Section 1. Commencement of action. — These Rules shall govern the procedure to be observed in actions. (1) Section 2. In what case not applicable. except as otherwise provided by the Supreme Court. cadastral. (n) (c) A special proceeding is a remedy by which a party seeks to establish a status. subject to the specific rules prescribed for a special civil action. — These Rules shall apply in all the courts. or the prevention or redress of a wrong. naturalization and insolvency proceedings. land registration. the action is commenced with regard to him on the dated of the filing of such later pleading. and other cases not herein provided for. (1a. civil or criminal and special proceedings. (n) (b) A criminal action is one by which the State prosecutes a person for an act or omission punishable by law. (6a) . Title of the Rules. R2) Section 4. In what courts applicable. or a particular fact. except by analogy or in a suppletory character and whenever practicable and convenient. if necessary. (a) A civil action is one by which a party sues another for the enforcement or protection of a right. Both are governed by the rules for ordinary civil actions. If an additional defendant is impleaded in a later pleading. R2) A civil action may either be ordinary or special. Cases governed. irrespective of whether the motion for its admission. is denied by the court. (R143a) Section 5.

basis of. — A party may in one pleading assert. in the alternative or otherwise. and . (n) Section 2. — A cause of action is the act or omission by which a party violates a right of another. (3a) Section 4. (b) The joinder shall not include special civil actions or actions governed by special rules. — These Rules shall be liberally construed in order to promote their objective of securing a just. (c) Where the causes of action are between the same parties but pertain to different venues or jurisdictions. speedy and inexpensive disposition of every action and proceeding. Splitting a single cause of action instituted on the basis of the same cause of action. (n) Section 3. Cause of action. the filing of one or a judgment upon the merits in any one is available as a ground for the dismissal of the others. (2a) Civil Actions Ordinary Civil Actions RULE 2 Cause of Action Section 1. Ordinary civil actions. Joinder of causes of action. One suit for a single cause of action than one suit for a single cause of action. subject to the following conditions: (a) The party joining the causes of action shall comply with the rules on joinder of parties.Section 6. defined. the joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein. — Every ordinary civil action must be based on a cause of action. Construction. as many causes of action as he may have against an opposing party. (4a) Section 5.

— Husband and wife shall sue or be sued jointly. A misjoined cause of action may. may sue or be sued with the assistance of his father. (5a) Section 6.) — party defendant. the counter-claimant. etc. — Misjoinder of causes of action is not a ground for dismissal of an action. Representatives as parties. or the third (fourth. A representative may be a trustee of an expert trust. mother. . a guardian. Parties in interest. Misjoinder of causes of action. (4a) Section 5. (n) RULE 3 Parties to Civil Actions Section 1. Unless otherwise authorized by law or these Rules. the crossdefendant. (3a) Section 4. except as provided by law. or the party entitled to the avails of the suit. Who may be parties. etc. — Where the action is allowed to be prosecuted and defended by a representative or someone acting in a fiduciary capacity. plaintiff and defendant persons. the crossclaimant. be severed and proceeded with separately. The term "defendant" may refer to the original defending party. (1a) Section 2.) — party plaintiff. on motion of a party or on the initiative of the court.(d) Where the claims in all the causes action are principally for recovery of money. an executor or administrator. or a party authorized by law or these Rules. the aggregate amount claimed shall be the test of jurisdiction. or the third (fourth. Spouses as parties. The term "plaintiff" may refer to the claiming party. (2a) Section 3. the defendant in a counter-claim. or entities authorized by law may be parties in a civil action. An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without joining the principal except when the contract involves things belonging to the principal. — A real party in interest is the party who stands to be benefited or injured by the judgment in the suit. the beneficiary shall be included in the title of the case and shall be deemed to be the real property in interest. Minor or incompetent persons. — A minor or a person alleged to be incompetent. every action must be prosecuted or defended in the name of the real party in interest.

a guardian ad litem Section 6. may. it may order the inclusion of the omitted necessary party if jurisdiction over his person may be obtained. and shall state why he is omitted. — If the consent of any party who should be joined as plaintiff can not be obtained. or in the alternative. Should the court find the reason for the omission unmeritorious. Unwilling co-plaintiff. or if he has none. severally. 9a) Section 10. where any question of law or fact common to all such plaintiffs or to all such defendants may arise in the action. The failure to comply with the order for his inclusion. (7) Section 8. (8a) Section 9. whether jointly.guardian. Compulsory joinder of indispensable parties without whom no final determination can be had of an action shall be joined either as plaintiffs or defendants. (10) . The non-inclusion of a necessary party does not prevent the court from proceeding in the action. he may be made a defendant and the reason therefor shall be stated in the complaint. Necessary party. except as otherwise provided in these Rules. shall be deemed a waiver of the claim against such party. and the judgment rendered therein shall be without prejudice to the rights of such necessary party. but the court may make such orders as may be just to prevent any plaintiff or defendant from being embarrassed or put to expense in connection with any proceedings in which he may have no interest. (6n) Section 7. (8a. — All persons in whom or against whom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist. the pleader shall set forth his name. if known. — A necessary party is one who is not indispensable but who ought to be joined as a party if complete relief is to be accorded as to those already parties. Non-joinder of necessary parties to be pleaded pleading in which a claim is asserted a necessary party is not joined. without justifiable cause. or for a complete determination or settlement of the claim subject of the action. join as plaintiffs or be joined as defendants in one complaint. Permissive joinder of parties.

and the claim is not thereby extinguished. In the answer of such defendant. Any claim against a misjoined party may be severed and proceeded with separately. the name and addresses of the persons composing said entity must all be revealed.Section 11. (14) Section 15. Failure of counsel to comply with his duty shall be a ground for disciplinary action. Entity without juridical personality as defendant persons not organized as an entity with juridical personality enter into a transaction. when his identity or true name is discovered. Alternative defendants. duty of counsel action dies. or by such other designation as the case may require. Any party in interest shall have the right to intervene to protect his individual interest. although a right to relief against one may be inconsistent with a right of relief against the other. Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage the action and on such terms as are just. they may be sued under the name by which they are generally or commonly known. Unknown identity or name of defendant name of a defendant is unknown. (11a) Section 12. (13a) Section 14. . he may join any or all of them as defendants in the alternative. he may be sued as the unknown owner heir devisee. and to give the name and address of his legal representative or representatives. The heirs of the deceased may be allowed to be substituted for the deceased. it shall be the duty of his counsel to inform the court within thirty (30) days after such death of the fact thereof. Misjoinder and non-joinder of parties joinder of parties is ground for dismissal of an action. (15a) Section 16. Class suit. — Where the plaintiff is uncertain against who of several persons he is entitled to relief. — When the subject matter of the controversy is one of common or general interest to many persons so numerous that it is impracticable to join all as parties. the pleading must be amended accordingly. a number of them which the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all. (12a) Section 13. Death of party.

upon motion with notice. — In case of any transfer of interest. The court charges in procuring such appointment. and the defendant . may be recovered as costs. express or implied. — If a party becomes incompetent or incapacitated. the court may order the opposing party. (19a) Section 19. The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice. (16a. within thirty (30) days after the successor takes office or such time as may be granted by the court. Death or separation of a party who is a public officer officer is a party in an action in his official capacity and during its pendency dies. resigns. the court. shall be given reasonable notice of the application therefor and accorded an opportunity to be heard. may allow the action to be continued by or against the incompetent or incapacitated person assisted by his legal guardian or guardian ad litem.The heirs of the deceased may be allowed to be substituted for the deceased. if defrayed by the opposing party. or otherwise ceases to hold office. Action and contractual money claims recovery of money arising from contract. it is satisfactorily shown to the court by any party that there is a substantial need for continuing or maintaining it and that the successor adopts or continues or threatens to adopt or continue to adopt or continue the action of his predecessor. without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs. If no legal representative is named by the counsel for the deceased party. (20) Section 20. Before a substitution is made. unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Incompetency or incapacity. Transfer of interest. 17a) Section 17. the action may be continued by or against the original party. the action may be continued and maintained by or against his successor if. within a specified time to procure the appointment of an executor or administrator for the estate of the deceased and the latter shall immediately appear for and on behalf of the deceased. the party or officer to be affected. or if the one so named shall fail to appear within the specified period. (18a) Section 18. unless expressly assenting thereto.

shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved. The amount of the docket and other lawful fees which the indigent was exempted from paying shall be a lien on any judgment rendered in the case favorable to the indigent. ordinance. presidential decree. shelter and basic necessities for himself and his family. or interest therein. claim or defense as an indigent if the court. — A party may be authorized to litigate his action. the proper docket and other lawful fees shall be assessed and collected by the clerk of court. If payment is not made within the time fixed by the court. Any adverse party may contest the grant of such authority at any time before judgment is rendered by the trial court. Venue of real actions. If the court should determine after hearing that the party declared as an indigent is in fact a person with sufficient income or property. A favorable judgment obtained by the plaintiff therein shall be enforced in the manner especially provided in these Rules for prosecuting claims against the estate of a deceased person. executive order. Notice to the Solicitor General. the court. in its discretion. may require the appearance of the Solicitor General who may be heard in person or a representative duly designated by him. (23a) RULE 4 Venue of Actions Section 1. — In any action involving the validity of any treaty. (22a) Section 22. execution shall issue or the payment thereof. — Actions affecting title to or possession of real property. is satisfied that the party is one who has no money or property sufficient and available for food. upon an hearing. or a . Such authority shall include an exemption from payment of docket and other lawful fees. law. unless the court otherwise provides. without prejudice to such other sanctions as the court may impose. rules or regulations. Indigent party.dies before entry of final judgment in the court in which the action was pending at the time of such death. and of transcripts of stenographic notes which the court may order to be furnished him. it shall not be dismissed but shall instead be allowed to continue until entry of final judgment. (21a) Section 21.

and Municipal Circuit Trial Courts. is situated. (2[c]a) Section 4. or (b) in civil cases governed by the Rule on Summary Procedure. (3a. or where the defendant or any of the principal defendants resides. and the action affects the personal status of the plaintiff. — The procedure in the Municipal Trial Courts shall be the same as in the Regional Trial Courts. is situated. or a portion thereof. (2[b]a) Section 3.portion thereof. Meaning of terms. When Rule not applicable. the action may be commenced and tried in the court of the place where the plaintiff resides. (1[a]. (a) In those cases where a specific rule or law provides otherwise. 5a) RULE 5 Uniform Procedure In Trial Courts Section 1. except (a) where a particular provision expressly or impliedly applies only to either of said courts. Uniform procedure. — The term "Municipal Trial Courts" as used in these Rules shall include Metropolitan Trial Courts. Municipal Trial Courts in Cities. or (b) Where the parties have validly agreed in writing before the filing of the action on the exclusive venue thereof. Municipal Trial Courts. (1a) Procedure In Regional Trial Courts . Forcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or city wherein the real property involved. — All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides. — This Rule shall not apply. (n) Section 2. Venue of actions against nonresidents not reside and is not found in the Philippines. or in the case of a nonresident defendant where he may be found. or where the property or any portion thereof is situated or found. or any property of said defendant located in the Philippines. 2[a]a) Section 2. at the election of the plaintiff. Venue of personal actions.

RULE 6 Kinds Of Pleadings Section 1. payment. Answer. The defenses of a party are alleged in the answer to the pleading asserting a claim against him. Complaint. (a) A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action. — The claims of a party are asserted in a complaint. cross-claim. — Defenses may either be negative or affirmative. illegality. discharge in bankruptcy. (1a) Section 2. Pleadings allowed. An answer may be responded to by a reply. — Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment. (b) An affirmative defense is an allegation of a new matter which. counterclaim. — A counterclaim is any claim which a defending party may have against an opposing party. release. — An answer is a pleading in which a defending party sets forth his defenses. (6a) . estoppel. The names and residences of the plaintiff and defendant must be stated in the complaint. statute of limitations. third (fourth. The affirmative defenses include fraud. (5a) Section 6. and any other matter by way of confession and avoidance. or complaint-inintervention. statute of frauds. Defenses.)-party complaint. etc. (3a) Section 4. while hypothetically admitting the material allegations in the pleading of the claimant. (n) Section 3. — The complaint is the pleading alleging the plaintiff's cause or causes of action. Counterclaim. former recovery. Pleadings defined. (4a) Section 5. would nevertheless prevent or bar recovery by him.

(n) Section 8. — A reply is a pleading.)—party complaint complaint is a claim that a defending party may.) — party defendant for contribution. or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters. Compulsory counterclaim. arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. — A cross-claim is any claim by one party against a coparty arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. etc. the office or function of which is to deny. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant. file against a person not a party to the action. Reply. (n) Section 10. Bringing new parties. all the new matters alleged in the answer are deemed controverted. Counter-counterclaims and counter-crossclaims may be asserted against an original counter-claimant. etc. If the plaintiff wishes to interpose any claims arising out of the new matters so alleged. (11) Section 11. being cognizable by the regular courts of justice. (fourth.Section 7. — A compulsory counterclaim is one which. Third. in respect of his opponent's claim. with leave of court. the counter-claim may be considered compulsory regardless of the amount. — When the presence of parties other than those to the original action is required for the granting of complete relief in the . A cross-claim may also be filed against an original cross-claimant. called the third (fourth. Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof. (12a) Section 12. Cross-claim. indemnity. such claims shall be set forth in an amended or supplemental complaint. subrogation or any other relief. If a party does not file such reply. (7) Section 9. except that in an original action before the Regional Trial Court.

the court shall order them to be brought in as defendants. the allegations of the party's claims or defenses. (14) Section 13. — The body of the pleading sets fourth its designation. and the date of the pleading. A paragraph may be referred to by its number in all succeeding pleadings. When one or more paragraphs in the answer are addressed to one of several .) — party plaintiff may have against the original plaintiff's claim. the relief prayed for. etc. (3a) (b) Headings. (1a. Caption. — The allegations in the body of a pleading shall be divided into paragraphs so numbered to be readily identified. In proper cases. counterclaims or crossclaims. etc. The body.'' of the second by "second cause of action". The title of the action indicates the names of the parties. and the docket number if assigned. he may also assert a counterclaim against the original plaintiff in respect of the latter's claim against the third-party plaintiff. Answer to third (fourth. 2a) Section 2. it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties.)—party complaint — party defendant may allege in his answer his defenses. — The caption sets forth the name of the court. if jurisdiction over them can be obtained.determination of a counterclaim or cross-claim. including such defenses that the third (fourth. the title of the action. but in subsequent pleadings. and so on for the others. Their respective participation in the case shall be indicated. (n) (a) Paragraphs. each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience. (n) RULE 7 Parts of a Pleading Section 1. — When two or more causes of action are joined the statement of the first shall be prefaced by the words "first cause of action. They shall all be named in the original complaint or petition.

(6a) Section 5. Signature and address. A pleading required to be verified which contains a verification based on "information and belief". or signs a pleading in violation of this Rule. they shall be prefaced by words to that effect. shall be treated as an unsigned pleading. An unsigned pleading produces no legal effect. or alleges scandalous or indecent matter therein.causes of action in the complaint. information. or lacks a proper verification. they shall be prefaced by the words "answer to the first cause of action" or "answer to the second cause of action" and so on. in its discretion. (3a. Verification. The signature of counsel constitutes a certificate by him that he has read the pleading. (4) (c) Relief. However. (n) Section 3. — Except when otherwise specifically required by law or rule. information and belief". R6) (d) Date. stating in either case his address which should not be a post office box. — Every pleading must be signed by the party or counsel representing him. allow such deficiency to be remedied if it shall appear that the same was due to mere inadvertence and not intended for delay. and belief there is good ground to support it. (5a) Section 4. Certification against forum shopping . — Every pleading shall be dated. and when one or more paragraphs of the answer are addressed to several causes of action. verified or accompanied by affidavit . or upon "knowledge.(5a) A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his knowledge and belief. and that it is not interposed for delay. shall be subject to appropriate disciplinary action. but it may add a general prayer for such further or other relief as may be deemed just or equitable. that to the best of his knowledge. the court may. or fails promptly report to the court a change of his address. pleadings need not be under oath. — The pleading shall specify the relief sought. Counsel who deliberately files an unsigned pleading.

the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt. and (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending. Alternative causes of action or defenses more statements of a claim or defense alternatively or hypothetically. (1) If a defense relied on is based on law. (n) Section 2. he shall report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed. In general. upon motion and after hearing. a complete statement of the present status thereof. or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court. either in one cause of action or defense or in separate causes of action or defenses. the pertinent provisions thereof and their applicability to him shall be clearly and concisely stated. The submission of a false certification or noncompliance with any of the undertakings therein shall constitute indirect contempt of court. without prejudice to the corresponding administrative and criminal actions. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping. (n) RULE 8 Manner of Making Allegations in Pleadings Section 1. concise and direct statement of the ultimate facts on which the party pleading relies for his claim or defense. tribunal or quasi-judicial agency and.shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief. a plain. When two or more statements are made in the alternative and one of them if made independently would be sufficient. no such other action or claim is pending therein. (b) if there is such other pending action or claim. to the best of his knowledge. — Every pleading shall contain in a methodical and logical form. omitting the statement of mere evidentiary facts. Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case without prejudice. as the case may be. unless otherwise provided. as well as a cause for administrative sanctions. the pleading is not made insufficient by the .

Judgment. — In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient. the substance of such instrument or document shall be set forth in the pleading. Capacity. copied in or attached to the corresponding pleading as provided in the preceding section. intent. mistake. the genuineness and due execution of the instrument shall be deemed admitted unless the adverse party. How to contest such documents. Malice. — In pleading a judgment or decision of a domestic or foreign court. must be averred. (6) Section 7. (3) Section 4. but the requirement of an oath does not apply when the adverse party does not appear to be a party to the instrument or when compliance with an order for an inspection of the original instrument is refused. condition of the mind mistake the circumstances constituting fraud or mistake must be stated with particularity. (7) Section 8. or other condition of the mind of a person may be averred generally. and sets forth what he claims to be the facts. (8a) . it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it. knowledge. or said copy may with like effect be set forth in the pleading. judicial or quasi-judicial tribunal. — When an action or defense is founded upon a written instrument. Fraud. A party desiring to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued in a representative capacity. (2) Section 3. under oath specifically denies them. — Facts showing the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of person that is made a party. Action or defense based on document is based upon a written instrument or document.insufficiency of one or more of the alternative statements. and the original or a copy thereof shall be attached to the pleading as an exhibit. or of a board or officer. Conditions precedent. which shall be deemed to be a part of the pleading. shall do so by specific denial. which shall include such supporting particulars as are peculiarly within the pleader's knowledge.(5a) Section 6. (4) Section 5.

other than those as to the amount of unliquidated damages. it is sufficient to aver that the document was issued or the act done in compliance with law. whenever practicable. — A defendant must specify each material allegation of fact the truth of which he does not admit and. Where a defendant desires to deny only a part of an averment. shall be deemed admitted when not specifically denied. that there is another action pending between the same parties for the same cause. R9) RULE 9 Effect of Failure to Plead Section 1. or that the action is barred by a prior judgment or by statute of limitations. immaterial. — In pleading an official document or official act. Defenses and objections not pleaded pleaded either in a motion to dismiss or in the answer are deemed waived. Specific denial. Where a defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment made to the complaint. (5. redundant. he shall specify so much of it as is true and material and shall deny only the remainder. and this shall have the effect of a denial. Allegations not specifically denied deemed admitted averment in the complaint.Section 9. Allegations of usury in a complaint to recover usurious interest are deemed admitted if not denied under oath. However. R9) Section 12. when it appears from the pleadings or the evidence on record that the court has no jurisdiction over the subject matter. upon motion made by a party within twenty (20) days after the service of the pleading upon him. Striking out of pleading or matter contained therein made by a party before responding to a pleading or. (1a. (2a) . he shall so state. (10a) Section 11. or upon the court's own initiative at any time. or scandalous matter be stricken out therefrom. the court shall dismiss the claim. the court may order any pleading to be stricken out or that any sham or false. shall set forth the substance of the matters upon which he relies to support his denial. Official document or act. (9) Section 10. if no responsive pleading is permitted by these Rules. impertinent.

R18) RULE 10 . (1a. declaration of.Section 2. (4a) Section 3. Thereupon. R18) (b) Relief from order of default. (5a. R18) (a) Effect of order of default. — A judgment rendered against a party in default shall not exceed the amount or be different in kind from that prayed for nor award unliquidated damages. the court shall. and proof of such failure. — A party declared in default may at any time after notice thereof and before judgment file a motion under oath to set aside the order of default upon proper showing that his failure to answer was due to fraud. the court shall order the prosecuting attorney to investigate whether or not a collusion between the parties exists. — When a pleading asserting a claim states a common cause of action against several defending parties. Such reception of evidence may be delegated to the clerk of court. (e) Where no defaults allowed. the court shall proceed to render judgment granting the claimant such relief as his pleading may warrant. (2a. upon motion of the claiming party with notice to the defending party. (6a. R18) (c) Effect of partial default. not set up shall be barred. (4a. In such case. R18). unless the court in its discretion requires the claimant to submit evidence. or a cross-claim. to intervene for the State in order to see to it that the evidence submitted is not fabricated. or cross-claim compulsory counterclaim. accident. Compulsory counterclaim. some of whom answer and the others fail to do so. — If the defending party in an action for annulment or declaration of nullity of marriage or for legal separation fails to answer. declare the defending party in default. (d) Extent of relief to be awarded. (3a. the court shall try the case against all upon the answers thus filed and render judgment upon the evidence presented. Default. and if there is no collusion. — If the defending party fails to answer within the time allowed therefor. the order of default may be set aside on such terms and conditions as the judge may impose in the interest of justice. R18). — A party in default shall be entitled to notice of subsequent proceedings but not to take part in the trial. mistake or excusable negligence and that he has a meritorious defense.

substantial amendments may be made only upon leave of court. at its initiative or on motion. (3a) Section 4. at any time within ten (10) days after it is served. and in the most expeditious and inexpensive manner. (2a) Section 3. in the case of a reply. Amendments in general. but failure to amend does not effect the result of the trial of these issues. Amendment to conform to or authorize presentation of evidence When issues not raised by the pleadings are tried with the express or implied consent of the parties they shall be treated in all respects as if they had been raised in the pleadings. or by correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect. — A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily corrected by the court at any stage of the action. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time. (1) Section 2. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings. even after judgment. provided no prejudice is caused thereby to the adverse party. (5a) . without regard to technicalities. — Except as provided in the next preceding section. Formal amendments.Amended and Supplemental Pleadings Section 1. Amendments by leave of court. and an opportunity to be heard. the court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. Orders of the court upon the matters provided in this section shall be made upon motion filed in court. But such leave may be refused if it appears to the court that the motion was made with intent to delay. Amendments as a matter of right once as a matter of right at any time before a responsive pleading is served or. (4a) Section 5. so that the actual merits of the controversy may speedily be determined. The court may grant a continuance to enable the amendment to be made. — Pleadings may be amended by adding or striking out an allegation or the name of any party. and after notice to the adverse party.

(la) Section 2. Answer to amended complaint. which shall be indicated by appropriate marks. Where its filing is not a matter of right. occurrences or events which have happened since the date of the pleading sought to be supplemented. and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived. the defendant shall answer the amended complaint within ten (l0) days from notice of the order admitting the same. a new copy of the entire pleading. Supplemental pleadings. — An amended pleading supersedes the pleading that it amends. unless a different period is fixed by the court. (2a) Section 3. Answer of a defendant foreign private juridical entity defendant is a foreign private juridical entity and service of summons is made on the government official designated by law to receive the same. — The defendant shall file his answer to the complaint within fifteen (15) days after service of summons. — When any pleading is amended. This Rule shall apply to the answer to an amended counterclaim. the answer shall be filed within thirty (30) days after receipt of summons by such entity. — When the plaintiff files an amended complaint as a matter of right. (n) RULE 11 When to File Responsive Pleadings Section 1. Filing of amended pleadings. Answer to the complaint.Section 6. However. the defendant shall answer the same within fifteen (15) days after being served with a copy thereof. admissions in superseded pleadings may be received in evidence against the pleader. amended cross- . (7a) Section 8. upon reasonable notice and upon such terms as are just. The adverse party may plead thereto within ten (10) days from notice of the order admitting the supplemental pleading. shall be filed. Effect of amended pleadings. permit him to serve a supplemental pleading setting forth transactions. An answer earlier filed may serve as the answer to the amended complaint if no new answer is filed. (6a) Section 7. incorporating the amendments. — Upon motion of a party the court may.

The answer to the complaint shall serve as the answer to the supplemental complaint if no new or supplemental answer is filed. set up the counterclaim or cross-claim by amendment before judgment.)—party complaint. Answer to supplemental complain be answered within ten (10) days from notice of the order admitting the same. (3. R6) Section 10. he may. — Upon motion and on such terms as may be just. or excusable neglect. R9) Section 11. Omitted counterclaim or cross-claim a counterclaim or a cross-claim through oversight. Answer to third (fourth. allow an answer or other pleading to be filed after the time fixed by these Rules.)-party complaint third (fourth. Existing counterclaim or cross-claim a cross-claim that a defending party has at the time he files his answer shall be contained therein. (8a. Answer to counterclaim or cross-claim claim must be answered within ten (10) days from service. etc. The court may also. the court may extend the time to plead provided in these Rules. Reply. (n) Section 8. (4) Section 5. (7) . with the permission of the court. — A reply may be filed within ten (10) days from service of the pleading responded to. Counterclaim or cross-claim arising after answer cross-claim which either matured or was acquired by a party after serving his pleading may. unless a different period is fixed by the court. amended third (fourth. etc. inadvertence.claim. and amended complaintin-intervention. by leave of court. etc. (6) Section 7. (5a) Section 6. (9. R6) Section 9. be presented as a counterclaim or a cross-claim by supplemental pleading before judgment. Extension of time to plead. upon like terms.)—party complaint shall be governed by the same rule as the answer to the complaint. (3a) Section 4. or when justice requires.

(n) Section 4. (1[c]a) Section 5. the motion must be filed within ten (10) days from service thereof.RULE 12 Bill of Particulars Section 1. Action by the court. (1a) Section 2. Compliance with order. the court may order the striking out of the pleading or the portions thereof to which the order was directed or make such other order as it deems just. Bill a part of pleading. Effect of non-compliance. — Upon the filing of the motion. Judgments and Other Papers . and the details desired. — A bill of particulars becomes part of the pleading for which it is intended. — If the order is not obeyed. The bill of particulars or a more definite statement ordered by the court may be filed either in a separate or in an amended pleading. unless a different period is fixed by the court. a party may move for a definite statement or for a bill of particulars of any matter which is not averted with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading. If the pleading is a reply. — Before responding to a pleading. (n) Section 3. Stay of period to file responsive pleading particulars or of a more definite pleading. serving a copy thereof on the adverse party. When applied for. or after notice of denial of his motion. either in whole or in part. the clerk of court must immediately bring it to the attention of the court which may either deny or grant it outright. the compliance therewith must be effected within ten (10) days from notice of the order. the moving party may file his responsive pleading within the period to which he was entitled at the time of filing his motion. which shall not be less than five (5) days in any event. — If the motion is granted. (1[b]a) Section 6. Such motion shall point out the defects complained of. or in case of insufficient compliance therewith. the paragraphs wherein they are contained. or allow the parties the opportunity to be heard. (1[a]a) RULE 13 Filing and Service of Pleadings. purpose.

or his office is not known. at the party's or counsel's residence. (2a) Section 3. offer of judgment or similar papers shall be filed with the court. Where one counsel appears for several parties. as shown by the post office stamp on the envelope or the registry receipt. — Service of the papers may be made by delivering personally a copy to the party or his counsel. pleading subsequent to the complaint. (2a) Section 5. or by leaving it in his office with his clerk or with a person having charge thereof. the clerk of court shall endorse on the pleading the date and hour of filing. with a person of sufficient age and discretion then . appearance. In the first case. notices. If any party has appeared by counsel. Service is the act of providing a party with a copy of the pleading or paper concerned. (1a) Section 4. judgments and other papers shall be made either personally or by mail. personally to the clerk of court or by sending them by registered mail. (n) Section 2. motions. defined. then by leaving the copy. The envelope shall be attached to the record of the case. — Filing is the act of presenting the pleading or other paper to the clerk of court. — This Rule shall govern the filing of all pleadings and other papers. orders. — Service of pleadings motions. the date of the mailing of motions. notices. Papers required to be filed and served order. as well as the service thereof. service upon him shall be made upon his counsel or one of them. pleadings. if known. or he has no office.Section 1. or any other papers or payments or deposits. he shall only be entitled to one copy of any paper served upon him by the opposite side. (3a) Section 6. Filing and service. and served upon the parties affected. plainly indicated as such. except those for which a different mode of service is prescribed. payment. written motion. Personal service. Coverage. or deposit in court. notice. orders. shall be considered as the date of their filing. In the second case. Modes of service. unless service upon the party himself is ordered by the court. between the hours of eight in the morning and six in the evening. demand. — The filing of pleadings. Manner of filing. judgments and all other papers shall be made by presenting the original copies thereof. If no person is found in his office. appearances.

(5a. service may be done by ordinary mail. unless the court otherwise provides. Service by ordinary mail is complete upon the expiration of ten (10) days after mailing. final orders or resolutions against him shall be served upon him also by publication at the expense of the prevailing party. with postage fully prepaid. If no registry service is available in the locality of either the senders or the addressee. a resort to other modes must be accompanied by a written explanation why the service or filing was not done personally. if known. notices. — Personal service is complete upon actual delivery. orders and other papers cannot be made under the two preceding sections. judgments. (4a) Section 7. resolutions. The service is complete at the time of such delivery.residing therein. Bar Matter No. (7a) Section 10. Service of judgments. — The filing of a pleading or paper shall be proved by . — Service by registered mail shall be made by depositing the copy in the post office in a sealed envelope. motions. 803. When a party summoned by publication has failed to appear in the action. (n) Section 12. Substituted service. the office and place of residence of the party or his counsel being unknown. whichever date is earlier. or after five (5) days from the date he received the first notice of the postmaster. with proof of failure of both personal service and service by mail. A violation of this Rule may be cause to consider the paper as not filed. (8a) Section 11. — If service of pleadings. 17 February 1998) Section 8. (6a) Section 9. plainly addressed to the party or his counsel at his office. if known. Priorities in modes of service and filing service and filing of pleadings and other papers shall be done personally. Service by registered mail is complete upon actual receipt by the addressee. final orders orders or resolutions shall be served either personally or by registered mail. service may be made by delivering the copy to the clerk of court. Service by mail. Completeness of service. Except with respect to papers emanating from the court. Proof of filing. and with instructions to the postmaster to return the mail to the sender after ten (10) days if undelivered. otherwise at his residence.

containing a full statement of the date and place of depositing the mail in the post office in a sealed envelope addressed to the court. Only from the time of filing such notice for record shall a purchaser. — Proof of personal service shall consist of a written admission of the party served. Notice of lis pendens. the plaintiff and the defendant. If service is made by registered mail. the filing shall be proved by the written or stamped acknowledgment of its filing by the clerk of court on a copy of the same. The registry return card shall be filed immediately upon its receipt by the sender.its existence in the record of the case. with postage fully prepaid. when affirmative relief is claimed in his answer. proof shall be made by such affidavit and the registry receipt issued by the mailing office. If it is not in the record. proof thereof shall consist of an affidavit of the person mailing of facts showing compliance with section 7 of this Rule. containing a full statement of the date. or in lieu thereof the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the addressee. or encumbrancer of the property affected thereby. — In an action affecting the title or the right of possession of real property. place and manner of service. (24a. if filed by registered mail. Proof of Service. or the affidavit of the party serving. R-14) RULE 14 Summons . (10a) Section 14. but is claimed to have been filed personally. be deemed to have constructive notice of the pendency of the action. and a description of the property in that province affected thereby. The notice of lis pendens hereinabove mentioned may be cancelled only upon order of the court. and only of its pendency against the parties designated by their real names. If the service is by ordinary mail. (n) Section 13. after proper showing that the notice is for the purpose of molesting the adverse party. or that it is not necessary to protect the rights of the rights of the party who caused it to be recorded. and with instructions to the postmaster to return the mail to the sender after ten (10) days if not delivered. Said notice shall contain the names of the parties and the object of the action or defense. or the official return of the server. may record in the office of the registry of deeds of the province in which the property is situated notice of the pendency of the action. by the registry receipt and by the affidavit of the person who did the mailing.

(c) a notice that unless the defendant so answers plaintiff will take judgment by default and may be granted the relief applied for. on demand of the plaintiff. the clerk.Section 1. may issue an alias summons. (3a) Section 3. — When the service has been completed. A copy of the complaint and order for appointment of guardian shall be attached to the original and each copy of the summons. the summons shall be served by handling a copy thereof to the defendant in person. accompanied by proof of service. — The summons shall be directed to the defendant. within five (5) days therefrom. Contents. the defendant cannot be served within a reasonable time as provided in the preceding section. or if the summons has been lost. — If. stating the reasons for the failure of service. the clerk of court shall forthwith issue the corresponding summons to the defendants. Clerk to issue summons. within five (5) days therefrom. serve a copy of the return. . — The summons may be served by the sheriff. (6a) Section 5. Service in person on defendant. personally or by registered mail. (7a) Section 7. Substituted service. (4a) Section 6. (5a) Section 4. service may be effected (a) by leaving copies of the summons at the defendant's residence with some person of suitable age and discretion then residing therein. for justifiable causes. if he refuses to receive and sign for it. his deputy. By whom served. or for justifiable reasons by any suitable person authorized by the court issuing the summons. — If a summons is returned without being served on any or all of the defendants. Return. the server shall also serve a copy of the return on the plaintiff's counsel. or other proper court officer. (1a) Section 2. who issued it. by tendering it to him. — Whenever practicable. the server shall. signed by the clerk of court under seal and contain (a) the name of the court and the names of the parties to the action. Issuance of alias summons. and shall return the summons to the clerk. — Upon the filing of the complaint and the payment of the requisite legal fees. or. to the plaintiff's counsel. (b) a direction that the defendant answer within the time fixed by these Rules. In such a case.

managing partner. service may be effected on its executive head. in case of a province. treasurer. or like public corporations. corporate secretary.or (b) by leaving the copies at defendant's office or regular place of business with some competent person in charge thereof. Service upon minors and incompetents minor. In the case of a minor. (13a) Section 12. Service upon foreign private juridical entities is a foreign private juridical entity which has transacted business in the Philippines. if there be no such agent. (9a) Section 9. — When the defendant is a prisoner confined in a jail or institution. upon due notice. But such service shall not bind individually any person whose connection with the entity has. city or municipality. been severed before the action was brought. on the government official designated by law to that effect. service shall be made upon him personally and on his legal guardian if he has one. Service upon entity without juridical personality associated in an entity without juridical personality are sued under the name by which they are generally or commonly known. Service upon domestic private juridical entity is a corporation. (l0a. or. service may also be made on his father or mother. (8a) Section 8. Service upon prisoners. Service upon public corporations Republic of the Philippines. insane or otherwise an incompetent. or on such other officer or officers as the law or . service shall be effected upon him by the officer having the management of such jail or institution who is deemed deputized as a special sheriff for said purpose. service may be effected upon all the defendants by serving upon any one of them. service may be made on the president. service may be made on its resident agent designated in accordance with law for that purpose. (14a) Section 13. (12a) Section 10. partnership or association organized under the laws of the Philippines with a juridical personality. or on any of its officers or agents within the Philippines. or in-house counsel. general manager. 11a) Section 11. service may be effected on the Solicitor General. or upon the person in charge of the office or place of business maintained in such name. or if none his guardian litem whose appointment shall be applied for by the plaintiff.

actual or contingent. or in any other manner the court may deem sufficient. Leave of court. (15) Section 14. setting forth the grounds for the application. and shall be sworn to when made by a . or the like. be effected upon him by publication in a newspaper of general circulation and in such places and for such time as the court may order. and date of service. shall specify any papers which have been served with the process and the name of the person who received the same. or whenever his whereabouts are unknown and cannot be ascertained by diligent inquiry. in excluding the defendant from any interest therein. within which the defendant must answer. as under the preceding section. and the action affects the personal status of the plaintiff or relates to. in which the defendant has or claims a lien or interest. supported by affidavit of the plaintiff or some person on his behalf. service may. Residents temporarily out of the Philippines commenced against a defendant who ordinarily resides within the Philippines. or the property of the defendant has been attached within the Philippines. be effected out of the Philippines by personal service as under section 6.the court may direct. (17a) Section 16. Proof of service. (19) Section 18. — The proof of service of a summons shall be made in writing by the server and shall set forth the manner. but who is temporarily out of it. by leave of court. or the subject of which is. (16a) Section 15. Any order granting such leave shall specify a reasonable time. place. wholly or in part. — When the defendant does not reside and is not found in the Philippines. or in which the relief demanded consists. Service upon defendant whose identity or whereabouts are unknown In any action where the defendant is designated as an unknown owner. by leave of court. service may. or by publication in a newspaper of general circulation in such places and for such time as the court may order. property within the Philippines. in which case a copy of the summons and order of the court shall be sent by registered mail to the last known address of the defendant. by leave of court. (18a) Section 17. which shall not be less than sixty (60) days after notice. — Any application to the court under this Rule for leave to effect service in any manner for which leave of court is necessary shall be made by motion in writing. be also effected out of the Philippines. Extraterritorial service. service may.

(4a) . The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance. Proof of service by publication. (23a) RULE 15 Motions Section 1. (20) Section 19. — If the service has been made by publication. Motion defined. Every written motion required to be heard and the notice of the hearing thereof shall be served in such a manner as to ensure its receipt by the other party at least three (3) days before the date of hearing. (21) Section 20. — The defendant's voluntary appearance in the action shall be equivalent to service of summons. every written motion shall be set for hearing by the applicant. or of the editor. (3a) Section 4. (1a) Section 2. directed to the defendant by registered mail to his last known address. shall be accompanied by supporting affidavits and other papers.person other than a sheriff or his deputy. — A motion is an application for relief other than by a pleading. to which affidavit a copy of the publication shall be attached and by an affidavit showing the deposit of a copy of the summons and order for publication in the post office. his foreman or principal clerk. unless the court for good cause sets the hearing on shorter notice. business or advertising manager. — A motion shall state the relief sought to be obtained and the grounds upon which it is based. Motions must be in writings. (2a) Section 3. service may be proved by the affidavit of the printer. Hearing of motion. Contents. Voluntary appearance. postage prepaid. — All motions shall be in writing except those made in open court or in the course of a hearing or trial. — Except for motions which the court may act upon without prejudicing the rights of the adverse party. and if required by these Rules or necessary to prove facts alleged therein.

judgment. — Within the time for but before filing the answer to the complaint or pleading asserting a claim. designation. a motion to dismiss may be made on any of the following grounds: (a) That the court has no jurisdiction over the person of the defending party. signature. (5a) Section 6. a motion attacking a pleading. (b) That the court has no jurisdiction over the subject matter of the claim. (d) That the plaintiff has no legal capacity to sue. (c) That venue is improperly laid. (9a) RULE 16 Motion to Dismiss Section 1. (8a) Section 9. and shall specify the time and date of the hearing which must not be later than ten (10) days after the filing of the motion. — The notice of hearing shall be addressed to all parties concerned. Grounds. all motions shall be scheduled for hearing on Friday afternoons. or if Friday is a non-working day. in the afternoon of the next working day. Form. — Subject to the provisions of section 1 of Rule 9. (6a) Section 7. (7a) Section 8. Motion day. Omnibus motion.Section 5. Motion for leave. — Except for motions requiring immediate action. Proof of service necessary. and other matters of form. (n) Section 10. — The Rules applicable to pleadings shall apply to written motions so far as concerns caption. or proceeding shall include all objections then available. order. — No written motion set for hearing shall be acted upon by the court without proof of service thereof. Notice of hearing. and all objections not so included shall be deemed waived. — A motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought to be admitted. .

the court may dismiss the action or claim. computed from his receipt of the notice of the denial. waived. (f) That the cause of action is barred by a prior judgment or by the statute of limitations. the evidence presented during the hearing shall automatically be part of the evidence of the party presenting the same. (h) That the claim or demand set forth in the plaintiff's pleading has been paid. he shall file his answer within the period prescribed by Rule 11 counted from service of the amended pleading. Time to plead. (g) That the pleading asserting the claim states no cause of action. Should the case go to trial. the parties shall submit their arguments on the questions of law and their evidence on the questions of fact involved except those not available at that time. (i) That the claim on which the action is founded is enforceable under the provisions of the statute of frauds. or order the amendment of the pleading. (3a) Section 4. unless the court provides a longer period. (4a) . and (j) That a condition precedent for filing the claim has not been complied with. — At the hearing of the motion. but not less than five (5) days in any event. Resolution of Motion. or otherwise extinguished. In every case. — After the hearing.(e) That there is another action pending between the same parties for the same cause. The court shall not defer the resolution of the motion for the reason that the ground relied upon is not indubitable. the movant shall file his answer within the balance of the period prescribed by Rule 11 to which he was entitled at the time of serving his motion. — If the motion is denied. abandoned. Hearing of motion. (n) Section 3. (1a) Section 2. the resolution shall state clearly and distinctly the reasons therefor. If the pleading is ordered to be amended. deny the motion.

the dismissal shall be limited to the complaint. Dismissal upon motion of plaintiff. Unless otherwise stated in the notice. (5a) The dismissal of the complaint under this section shall be without prejudice to the prosecution in the same or separate action of a counterclaim pleaded in the answer. a dismissal under this paragraph shall be without prejudice. Effect of dismissal. preceding section. Unless otherwise specified in the order. the dismissal is without prejudice. (n) Section 6. the plaintiff by filing a notice of dismissal at any time before service of the answer or of a motion for summary judgment. (1a) Section 2. any of the grounds for dismissal provided for in this Rule may be pleaded as an affirmative defense in the answer and. in the discretion of the court. A class suit shall not be dismissed or compromised without the approval of the court.a longer period. — Subject to the right of appeal. The dismissal shall be without prejudice to the right of the defendant to prosecute his counterclaim in a separate action unless within fifteen (15) days from notice of the motion he manifests his preference to have his counterclaim resolved in the same action. a complaint shall not be dismissed at the plaintiff's instance save upon approval of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiffs motion for dismissal. an order granting a motion to dismiss based on paragraphs (f). (n) RULE 17 Dismissal of Actions Section 1. the court shall issue an order confirming the dismissal. a preliminary hearing may be had thereon as if a motion to dismiss had been filed. Upon such notice being filed. (4a) Section 5. (2a) . except that a notice operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in a competent court an action based on or including the same claim. (h) and (i) of section 1 hereof shall bar the refiling of the same action or claim. Dismissal upon notice by plaintiff. Pleading grounds as affirmative defenses been filed.

crossclaim. cross-claim provisions of this Rule shall apply to the dismissal of any counterclaim. — After the last pleading has been served and filed. before the introduction of evidence at the trial or hearing. Nature and purpose. if shall be the duty of the plaintiff to promptly move for pre-trial (5a. A voluntary dismissal by the claimant by notice as in section 1 of this Rule. or third-party complaint. Dismissal due to fault of plaintiff. The court shall consider: (a) The possibility of an amicable settlement or of a submission to alternative modes of dispute resolution. Dismissal of counterclaim. or to comply with these Rules or any order of the court. R20) Section 2. if there is none. without prejudice to the right of the defendant to prosecute his counterclaim in the same or in a separate action. unless otherwise declared by the court. shall be made before a responsive pleading or a motion for summary judgment is served or. (c) The necessity or desirability of amendments to the pleadings. — The pre-trial is mandatory. (d) The possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof. (b) The simplification of the issues. (e) The limitation of the number of witnesses. (3a) Section 4.Section 3. This dismissal shall have the effect of an adjudication upon the merits. (4a) RULE 18 Pre-Trial Section 1. the complaint may be dismissed upon motion of the defendant or upon the court's own motion. or to prosecute his action for an unreasonable length of time. plaintiff fails to appear on the date of the presentation of his evidence in chief on the complaint. When conducted. .

— The parties shall file with the court and serve on the adverse party. and (i) Such other matters as may aid in the prompt disposition of the action. (n) Section 4. Effect of failure to appear. (2a. or of dismissing the action should a valid ground therefor be found to exist. — The failure of the plaintiff to appear when so required pursuant to the next preceding section shall be cause for dismissal of the action. indicating the desired terms thereof. R20) Section 3. The dismissal shall be with prejudice. (b) A summary of admitted facts and proposed stipulation of facts. — It shall be the duty of the parties and their counsel to appear at the pre-trial. R20) Section 6. (1a. Pre-trial brief. to submit to alternative modes of dispute resolution. A similar failure on the part of the defendant shall be cause to allow the plaintiff to present his evidence ex parte the basis thereof. (g) The propriety of rendering judgment on the pleadings. their respective pre-trial briefs which shall contain. (h) The advisability or necessity of suspending the proceedings.(f) The advisability of a preliminary reference of issues to a commissioner. unless other-wise ordered by the court. — The notice of pre-trial shall be served on counsel. and to enter into stipulations or admissions of facts and of documents. or summary judgment. or on the party who has no counsel. (n) Section 5. Notice of pre-trial. The counsel served with such notice is charged with the duty of notifying the party represented by him. among others: (a) A statement of their willingness to enter into amicable settlement or alternative modes of dispute resolution. in such manner as shall ensure their receipt thereof at least three (3) days before the date of the pre-trial. Appearance of parties. . The non-appearance of a party may be excused only if a valid cause is shown therefor or if a representative shall appear in his behalf fully authorized in writing to enter into an amicable settlement.

and whether or not the intervenor's rights may be fully protected in a separate proceeding. — The motion to intervene may be filed at any time before rendition of judgment by the trial court. or in the success of either of the parties. — The proceedings in the pre-trial shall be recorded. the amendments allowed to the pleadings. — A person who has a legal interest in the matter in litigation. be allowed to intervene in the action. or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof may. (d) The documents or exhibits to be presented stating the purpose thereof. (n) Section 7. and the agreements or admissions made by the parties as to any of the matters considered. Time to intervene. Record of pre-trial. R20) RULE 19 Intervention Section 1. Who may intervene. (n) . the order shall. Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial. the court shall issue an order which shall recite in detail the matters taken up in the conference. [b]a. and the substance of their respective testimonies. explicitly define and limit the issues to be tried. R12) Section 2. the action taken thereon. with leave of court. (2[a]. and (f) The number and names of the witnesses. The contents of the order shall control the subsequent course of the action.(c) The issues to be tried or resolved. or an interest against both. (5a. Upon the termination thereof. Should the action proceed to trial. (e) A manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners. unless modified before trial to prevent manifest injustice. The court shall consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original parties. A copy of the pleading-inintervention shall be attached to the motion and served on the original parties.

or for the taking of his deposition. . (1a. R12) RULE 20 Calendar of Cases Section 1. — The assignment of cases to the different branches of a court shall be done exclusively by raffle. or at any investigation conducted by competent authority. R22) RULE 21 Subpoena Section 1. (b) the court of the place where the deposition is to be taken. Calendar of cases. Assignment of cases. (2[d]a. or other things under his control. R12) Section 4. Subpoena and subpoena duces tecum to a person requiring him to attend and to testify at the hearing or the trial of an action. in which case it is called a subpoena duces tecum. Answer to complaint-in-intervention in-intervention shall be filed within fifteen (15) days from notice of the order admitting the same. (7a. Preference shall be given to habeas corpus actions. unless a different period is fixed by the court. shall keep a calendar of cases for pre-trial. R22) Section 2. under the direct supervision of the judge. R23) Section 2. The assignment shall be done in open session of which adequate notice shall be given so as to afford interested parties the opportunity to be present. — The clerk of court. By whom issued. — The intervenor shall file a complaint-inintervention if he asserts a claim against either or all of the original parties. and those so required by law. and those with motions to set for hearing. (2[c]a.Section 3. It may also require him to bring with him any books. Pleadings-in-intervention. (1a. — The subpoena may be issued by — (a) the court before whom the witness is required to attend. documents. or an answer-in-intervention if he unites with the defending party in resisting a claim against the latter. those whose trials were adjourned or postponed. for trial.

reclusion perpetua is confined in any penal institution shall be brought outside the said penal institution for appearance or attendance in any court unless authorized by the Supreme Court (2a. — A subpoena shall state the name of the court and the title of the action or investigation. Quashing a subpoena. the subpoena may be quashed on the ground that the witness fees and kilometrage allowed by these Rules were not tendered when the subpoena was served. (4a. or (d) any Justice of the Supreme Court or of the Court of Appeals in any case or investigation pending within the Philippines. — Proof of service of a notice to take a deposition. No prisoner sentenced to death. Subpoena for depositions. R23) Section 5. the judge or officer shall examine and study carefully such application to determine whether the same is made for a valid purpose. R23) Section 3. Form and contents. When application for a subpoena to a prisoner is made. as provided in sections 15 and 25 of Rule 23. or the relevancy of the books. or if the person in whose behalf the subpoena is issued fails to advance the reasonable cost of the production thereof. and in the case of a subpoena contain a reasonable description of the books. in any event. shall constitute sufficient authorization for the issuance of subpoenas for the persons named in said notice by the clerk of the court of the place in which the deposition is to be . In either case. documents or things demanded which must appear to the court prima facie Section 4. shall be directed to the person whose attendance is required. The court may quash a subpoena ad testificandum is not bound thereby. at or before the time specified therein if it is unreasonable and oppressive. — The court may quash a subpoena upon motion promptly made and. documents or things does not appear.(c) the officer or body authorized by law to do so in connection with investigations conducted by said officer or body.

R23) Section 7. documents or things demanded shall also be tendered. tendering to him the fees for one day's attendance and the kilometrage allowed by these Rules. the tender need not be made. however. or his deputy. If the subpoena was not issued by a court. R23) RULE 22 . (11. — Failure by any person without adequate cause to obey a subpoena served upon him shall be deemed a contempt of the court from which the subpoena is issued. when a subpoena is issued by or on behalf of the Republic of the Philippines or an officer or agency thereof. the disobedience thereto shall be punished in accordance with the applicable law or Rule. and the cost of such warrant and seizure of such witness shall be paid by the witness if the court issuing it shall determine that his failure to answer the subpoena was willful and without just excuse. (12a R23) Section 10. Exceptions. — Service of a subpoena shall be made in the same manner as personal or substituted service of summons. the court or judge issuing the subpoena. — The provisions of sections 8 and 9 of this Rule shall not apply to a witness who resides more than one hundred (100) kilometers from his residence to the place where he is to testify by the ordinary course of travel. except that. or to a detention prisoner if no permission of the court in which his case is pending was obtained. The original shall be exhibited and a copy thereof delivered to the person on whom it is served. The clerk shall not.taken. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. (5a. — A person present in court before a judicial officer may be required to testify as if he were in attendance upon a subpoena is sued by such court or officer. (9a. Service. Personal appearance in court. upon proof of the service thereof and of the failure of the witness. (6a. Compelling attendance. — In case of failure of a witness to attend. If the subpoena is the reasonable cost of producing the books. issue a subpoena person without an order of the court. to arrest the witness and bring him before the court or officer where his attendance is required. R23) Section 8. may issue a warrant to the sheriff of the province. R23) Section 9. Contempt. (10. R23) Section 6.

by deposition upon oral examination or written interrogatories. — In computing any period of time prescribed or allowed by these Rules. including the existence. falls on a Saturday a Sunday. Depositions shall be taken only in accordance with these Rules. custody.Computation of Time Section 1. the day of the act or event from which the designated period of time begins to run is to be excluded and the date of performance included. Scope of examination. How to compute time. the deponent may be examined regarding any matter. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. when may be taken after jurisdiction has been obtained over any defendant or over property which is the subject of the action. Depositions pending action. — Should an act be done which effectively interrupts the running of the period. whether a party or not. at the instance of any party. Effect of interruption. condition. the time shall not run until the next working day. description. If the last day of the period. or by any applicable statute. or without such leave after an answer has been served. as thus computed. (2. may be taken. — Unless otherwise ordered by the court as provided by section 16 or 18 of this Rule. nature. the allowable period after such interruption shall start to run on the day after notice of the cessation of the cause thereof. and location of any books. R24) Section 2. The day of the act that caused the interruption shall be excluded in the computation of the period. not privileged. or a legal holiday in the place where the court sits. (n) RULE 23 Depositions Pending Action Section 1. (a) Section 2. or other tangible things and the identity and location of persons having knowledge of relevant facts. or by order of the court. whether relating to the claim or defense of any other party. The attendance of witnesses may be compelled by the use of a subpoena as provided in Rule 21. (1a. documents. the testimony of any person. which is relevant to the subject of the pending action. R24) .

or managing agent of a public or private corporation. that such exceptional circumstances exist as to make it desirable. may be used by any party for any purpose if the court finds: (1) that the witness is dead. (4a. and (d) If only part of a deposition is offered in evidence by a party. R24) Section 4. director. partnership. and any party may introduce any other parts. or imprisonment. or is out of the Philippines. to allow the deposition to be used. whether or not a party. — At the trial or upon the hearing of a motion or an interlocutory proceeding. or (3) that the witness is unable to attend or testify because of age. infirmity. the adverse party may require him to introduce all of it which is relevant to the part introduced. Use of depositions. or (5) upon application and notice. so far as admissible under the rules of evidence. or (2) that the witness resides at a distance more than one hundred (100) kilometers from the place of trial or hearing. (3a. (c) The deposition of a witness. sickness. (a) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness. Effect of substitution of parties. — Substitution of parties does not affect the right to use depositions previously taken. may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof. (b) The deposition of a party or of any one who at the time of taking the deposition was an officer. Examination and cross-examination examination of deponents may proceed as permitted at the trial under sections 3 to 18 of Rule 132. any part or all of a deposition. R24) Section 5. or (4) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena.Section 3. in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court. or association which is a party may be used by an adverse party for any purpose. and. in accordance with any one of the following provisions. when an action has been dismissed and another action involving the same subject is afterward . unless it appears that his absence was procured by the party offering the deposition.

notary public. Objections to admissibility. to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying (6. Persons before whom depositions may be taken in foreign countries In a foreign state or country. (11a. or (c) the person referred to in section 14 hereof. and with such direction as are just and appropriate. or consular agent of the Republic of the Philippines. objection may be made at the trial or hearing. vice-consul. R24) Section 9. (5. R24) Section 12. R24) Section 10. — The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition. (9.brought between the same parties or their representatives or successors in interest. Rebutting deposition. but this shall not apply to the use by an adverse party of a deposition as described in paragraph (b) of section 4 of this Rule. — At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party. R24) Section 11. or the person referred to in section 14 hereof. consul. (8. R24) Section 8. R24) Section 6. (7. — A party shall not be deemed to make a person his own witness for any purpose by taking his deposition. and on such terms. Persons before whom depositions may be taken within the Philippines — Within the Philippines depositions may be taken before any judge. Officers may be designated in notices or commissions either by name or descriptive title and letters rogatory may be addressed to the appropriate judicial authority in the . Effect of using depositions. all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor. (10a. R24) Section 7. consul general. — Subject to the provisions of section 29 of this Rule. Commission or letters rogatory shall be issued only when necessary or convenient. depositions may be taken (a) on notice before a secretary of embassy or legation. Effect of taking depositions. (b) before such person or officer as may be appointed by commission or under letters rogatory. on application and notice.

or that certain matters shall not be inquired into. Disqualification by interest. R24) Section 14. embarrassment. in accordance with these Rules and when so taken may be used like other depositions.foreign country. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined. a general description sufficient to identify him or the particular class or group to which he belongs. or that secret processes. (13a. — No deposition shall be taken before a person who is a relative within the sixth degree of consanguinity or affinity. to every other party to the action. (12a. developments. or that after being sealed the deposition shall be opened only by order of the court. or employee or counsel of any of the parties. depositions may be taken before any person authorized to administer oaths. (14a. R24) Section 13. or research need not be disclosed. R24) Section 15. or that the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court or the court may make any other order which justice requires to protect the party or witness from annoyance. or who is financially interested in the action. On motion of any party upon whom the notice is served. or that it may be taken only at some designated place other than that stated in the notice. (16a. or that it may be taken only on written interrogatories. or that the scope of the examination shall be held with no one present except the parties to the action and their officers or counsel. (15. Deposition upon oral examination desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing. Orders for the protection of parties and deponents served for taking a deposition by oral examination. upon motion seasonably made by any party or by the person to be examined and for good cause shown. at any time or place. if known. or who is a relative within the same degree. the court in which the action is pending may make an order that the deposition shall not be taken. R24) Section 16. the court may for cause shown enlarge or shorten the time. R24) . and if the name is not known. Stipulations regarding taking of depositions stipulate in writing. or employee of such counsel. or oppression.

or oppress the deponent or party. record the testimony of the witness. The testimony shall be taken stenographically unless the parties agree otherwise. Upon demand of the objecting party or deponent. or to the manner of talking it. the court may impose upon either party or upon the witness the requirement to pay such costs or expenses as the court may deem reasonable. In lieu of participating in the oral examination.Section 17. it shall be resumed thereafter only upon the order of the court in which the action is pending. embarrass. The deposition shall then be signed by the witness. the court in which the action is pending or the Regional Trial Court of the place where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition. shall be noted by the officer upon the deposition. and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy. unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. parties served with notice of taking a deposition may transmit written interrogatories to the officers. as provided in section 16 of this Rule. If the order made terminates the examination. Submission to witness. If the deposition is not signed by the witness. or to the conduct of any party. the officer shall sign it and . Motion to terminate or limit examination taking of the deposition. R24) Section 19. and any other objection to the proceedings. who shall propound them to the witness and record the answers Section 18. or may limit the scope and manner of the taking of the deposition. unless such examination and reading are waived by the witness and by the parties. All objections made at the time of the examination to the qualifications of the officer taking the deposition. or to the evidence presented. the taking of the deposition shall be suspended for the time necessary to make a notice for an order. or by some one acting under his direction and in his presence. oath. In granting or refusing such order. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. objections the deposition is to be taken shall put the witness on oath and shall personally. changes fully transcribed. the deposition shall be submitted to the witness for examination and shall be read to or by him. Evidence objected to shall be taken subject to the objections. on motion or petition of any party or of the deponent. Record of examination. (18a.

Notice of filing. and the deposition may then be used as fully as though signed. and if another party attends in person or by counsel because he expects the deposition of that witness to be taken. — Upon payment of reasonable charges therefor.state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason be given therefor. He shall then securely seal the deposition in an envelope indorsed with the title of the action and marked "Deposition of (here insert the name of witness)" and shall promptly file it with the court in which the action is pending or send it by registered mail to the clerk thereof for filing. Furnishing copies. and filing by officer deposition that the witness was duly sworn to by him and that the deposition is a true record of the testimony given by the witness. including reasonable attorney's fees. (23a. (19a. (20. the court may order the party giving the notice to pay such other party the amount of the reasonable expenses incurred by him and his counsel in so attending. R24) Section 25. — The officer taking the deposition shall give prompt notice of its filing to all the parties. the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part. Deposition upon written interrogatories . (22. the officer shall furnish a copy of the deposition to any party or to the deponent. including reasonable attorney's fees. R24) Section 20. Failure of party giving notice to serve subpoena the notice of the taking of a deposition of a witness fails to serve a subpoena upon him and the witness because of such failure does not attend. R24) Section 24. the court may order the party giving the notice to pay to such other party the amount of the reasonable expenses incurred by him and his counsel in so attending. R24) Section 21. R24) Section 23. Failure to attend of party giving notice of the taking of a deposition fails to attend and proceed therewith and another attends in person or by counsel pursuant to the notice. (24a. Certification. (21. unless on a motion to suppress under section 29 (f) of this Rule. R24) Section 22. if any.

R24) Section 27. may make any order specified in sections 15. R24) Section 28. a party so served may serve crossinterrogatories upon the party proposing to take the deposition. — All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice. (27. R24) Section 26. attaching thereto the copy of the notice and the interrogatories received by him. and for good cause shown. Order for the protection of parties and deponents of the interrogatories and prior to the taking of the testimony of the deponent. a party may serve recross-interrogatories upon the party proposing to take the deposition. Within ten (10) days thereafter. Effect of errors and irregularities in depositions (a) As to notice. 16 and 18 of this Rule which is appropriate and just or an order that the deposition shall not be taken before the officer designated in the notice or that it shall not be taken except upon oral examination. (25. certify. on motion promptly made by a party or a deponent. Within five (5) days thereafter. who shall proceed promptly. the latter may serve re-direct interrogatories upon a party who has served cross-interrogatories. — A party desiring to take the deposition of any person upon written interrogatories shall serve them upon every other party with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom the deposition is to be taken. to take the testimony of the witness in response to the interrogatories and to prepare. Officers to take responses and prepare record and copies of all interrogatories served shall be delivered by the party taking the deposition to the officer designated in the notice. and may furnish copies to them or to the deponent upon payment of reasonable charges therefor. R24) Section 29. and file or mail the deposition.interrogatories. the court in which the action is pending. in the manner provided by sections 17. 19 and 20 of this Rule. (28a. (26. Within three (3) days after being served with re-direct interrogatories. the officer taking it shall promptly give notice thereof to all the parties. . Notice of filing and furnishing copies interrogatories is filed.

indorsed. certified. R24) RULE 24 Depositions Before Action or Pending Appeal Section 1. Depositions before action.(b) As to disqualification of officer. filed. relevancy. 19. 20 and 26 of this Rule are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is. — Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared. (c) As to competency or relevancy of evidence witness or the competency. ascertained. petition perpetuate his own testimony or that of another person regarding any matter that may be cognizable in any court of the Philippines may file a verified petition . unless the ground. signed. — Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence. transmitted. in the oath or affirmation. (f) As to manner of preparation. are waived unless reasonable objection thereto is made at the taking of the deposition. (d) As to oral examination and other particulars occurring at the oral examination in the manner of taking the deposition in the form of the questions or answers. or otherwise dealt with by the officer under sections 17. or materiality of testimony are not waived by failure to make them before or during the taking of the deposition. or with due diligence might have been. of the objection is one which might have been obviated or removed if presented at that time. or in the conduct of the parties and errors of any kind which might be obviated. (29a. removed. (e) As to form of written interrogatories. sealed. — Objections to the form of written interrogatories submitted under sections 25 and 26 of this Rule are waived unless served in writing upon the party propounding them within the time allowed for serving succeeding cross or other interrogatories and within three (3) days after service of the last interrogatories authorized. or cured if promptly prosecuted.

Contents of petition. R134) Section 3. (5a. — The petitioner shall serve a notice upon each person named in the petition as an expected adverse party. — If a deposition to perpetuate testimony is taken . (1a R134) Section 2. at a time and place named therein. the court shall cause notice thereof to be served on the parties and prospective deponents in the manner provided for service of summons. R134) Section 5. The depositions may be taken in accordance with Rule 23 before the hearing. and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition for the purpose of perpetuating their testimony. Notice and service. Use of deposition. — The petition shall be entitled in the name of the petitioner and shall show: (a) that the petitioner expects to be a party to an action in a court of the Philippines but is presently unable to bring it or cause it to be brought. together with a copy of the petition. (2. Reference to court. it shall make an order designating or describing the persons whose deposition may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. and (e) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each. stating that the petitioner will apply to the court. At least twenty (20) days before the date of the hearing. each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed. for the order described in the petition. (3a. R134) Section 4. — For the purpose of applying Rule 23 to depositions for perpetuating testimony. (d) the names or a description of the persons he expects will be adverse parties and their addresses so far as known. — If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice. (c) the facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it. R134) Section 6. (b) the subject matter of the expected action and his interest therein.in the court of the place of the residence of any expected adverse party. Order and examination. (4a.

any party desiring to elicit material and relevant facts from any adverse parties shall file and serve upon the latter written interrogatories to be answered by the party served or. upon the same notice and service thereof as if the action was pending therein. — If an appeal has been taken from a judgment of a court. R134) Section 7. including the Court of Appeals in proper cases. — The interrogatories shall be answered fully in writing and shall be signed and sworn to by the person making them. Depositions pending appeal. (1a) Section 2. although not so taken. and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these Rules for depositions taken in pending actions. it may make an order allowing the deposition to be taken. Answer to interrogatories. if the party served is a public or private corporation or a partnership or association. (2a) . If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice. or if. or before the taking of an appeal if the time therefor has not expired. (7a. specified in section 1 of Rule 23. the court in which the judgment was rendered may allow the taking of depositions of witnesses to perpetuate their testimony for in the event of further proceedings in the said court. The party upon whom the interrogatories have been served shall file and serve a copy of the answers on the party submitting the interrogatories within fifteen (15) days after service thereof unless the court on motion and for good cause shown.under this Rule. R134) RULE 25 Interrogatories to Parties Section 1. (6a. it would be admissible in evidence. and (b) the reason for perpetuating their testimony. The motion shall state (a) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each. Interrogatories to parties. extends or shortens the time. by any officer thereof competent to testify in its behalf. service thereof. In such case the party who desires to perpetuate the testimony may make a motion in the said court for leave to take the depositions. it may be used in any action involving the same subject matter sub-sequently brought in accordance with the provisions of sections 4 and 5 of Rule 23.

and the answers may be used for the same purposes provided in section 4 of the same Rule. without leave of court. — Each of the matters of which an admission is requested shall be deemed admitted unless. Objections to interrogatories. (1a) Section 2. with notice as in case of a motion. . which shall not be less than fifteen (15) days after service thereof. Request for admission. (5a) Section 6. — At any time after issues have been joined.Section 3. (3a) Section 4. Implied admission. the party to whom the request is directed files and serves upon the party requesting the admission a sworn statement either denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he cannot truthfully either admit or deny those matters. or within such further time as the court may allow on motion. and answers shall be deferred until the objections are resolved. (4) Section 5. Number of interrogatories. a party may file and serve upon any other party may file and serve upon any other party a written request for the admission by the latter of the genuineness of any material and relevant document described in and exhibited with the request or of the truth of any material and relevant matter of fact set forth in the request. which shall be at as early a time as is practicable. — Objections to any interrogatories may be presented to the court within ten (10) days after service thereof. (n) RULE 26 Admission by Adverse Party Section 1. Scope and use of interrogatories matters that can be inquired into under section 2 of Rule 23. Copies of the documents shall be delivered with the request unless copy have already been furnished. or to give a deposition pending appeal. within a period designated in the request. a party not served with written interrogatories may not be compelled by the adverse party to give testimony in open court. — No party may. serve more than one set of interrogatories to be answered by the same party. Effect of failure to serve written interrogatories allowed by the court for good cause shown and to prevent a failure of justice.

to withdraw or amend it upon such terms as may be just. measuring. (2a) Section 3. (3) Section 4. papers. books. Withdrawal. — Any admission made by a party pursuant to such request is for the purpose of the pending action only and shall not constitute an admission by him for any other purpose nor may the same be used against him in any other proceeding. — The court may allow the party making an admission under the Rule. objects or tangible things. Effect of admission. place and manner of making the inspection and taking copies and photographs. photographs. whether express or implied. which resolution shall be made as early as practicable. The order shall specify the time. the court in which an action is pending may (a) order any party to produce and permit the inspection and copying or photographing. not privileged. shall not be permitted to present evidence on such facts. (4) Section 5. and may prescribe such terms and conditions as are just. or photographing the property or any designated relevant object or operation thereon. or ought to be. Effect of failure to file and serve request for admission otherwise allowed by the court for good cause shown and to prevent a failure of justice a party who fails to file and serve a request for admission on the adverse party of material and relevant facts at issue which are. (n) RULE 27 Production or Inspection of Documents or Things Section 1. surveying. accounts. within the personal knowledge of the latter. custody or control. which constitute or contain evidence material to any matter involved in the action and which are in his possession. by or on behalf of the moving party. Motion for production or inspection showing good cause therefor. of any designated documents.Objections to any request for admission shall be submitted to the court by the party requested within the period for and prior to the filing of his sworn statement as contemplated in the preceding paragraph and his compliance therewith shall be deferred until such objections are resolved. or (b) order any party to permit entry upon designated land or other property in his possession or control for the purpose of inspecting. letters. (1a) .

(1) Section 2. If the party examined refuses to deliver such report. the examination may be completed on other matters or adjourned as the proponent of the question may prefer. Refusal to answer. — If a party or other deponent refuses to answer any question upon oral examination. the party causing the examination to be made shall be entitled upon request to receive from the party examined a like report of any examination. of the same mental or physical condition. the party causing the examination to be made shall deliver to him a copy of a detailed written report of the examining physician setting out his findings and conclusions. previously or thereafter made. — If requested by the party examined. (2) Section 3.RULE 28 Physical and Mental Examination of Persons Section 1. After such request and delivery. place. Order for examination. The proponent may thereafter apply to the proper court of the place where the . the party examined waives any privilege he may have in that action or any other involving the same controversy. (4) RULE 29 Refusal to Comply with Modes of Discovery Section 1. (3a) Section 4. When examination may be ordered or physical condition of a party is in controversy. — By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner. regarding the testimony of every other person who has examined or may thereafter examine him in respect of the same mental or physical examination. — The order for examination may be made only on motion for good cause shown and upon notice to the party to be examined and to all other parties. and shall specify the time. the court on motion and notice may make an order requiring delivery on such terms as are just. the court in which the action is pending may in its discretion order him to submit to a physical or mental examination by a physician. conditions and scope of the examination and the person or persons by whom it is to be made. and if a physician fails or refuses to make such a report the court may exclude his testimony if offered at the trial. manner. Report of findings. Waiver of privilege.

to pay to the refusing party or deponent the amount of the reasonable expenses incurred in opposing the application. — If any party or an officer or managing agent of a party refuses to obey an order made under section 1 of this Rule requiring him to answer designated questions. Other consequences.deposition is being taken. The same procedure may be availed of when a party or a witness refuses to answer any interrogatory submitted under Rules 23 or 25. — If a party or other witness refuses to be sworn or refuses to answer any question after being directed to do so by the court of the place in which the deposition is being taken. including attorney's fees. or both of them. to pay the proponent the amount of the reasonable expenses incurred in obtaining the order. copying. or the character or description of the thing or land. If the application is denied and the court finds that it was filed without substantial justification. and among others the following: (a) An order that the matters regarding which the questions were asked. or both of them. it may require the refusing party or deponent or the counsel advising the refusal. including attorney's fees. the court shall require the refusing party or deponent to answer the question or interrogatory and if it also finds that the refusal to answer was without substantial justification. the court may require the proponent or the counsel advising the filing of the application. (2a) Section 3. for an order to compel an answer. or to permit entry upon land or other property or an order made under Rule 28 requiring him to submit to a physical or mental examination. or an order under Rule 27 to produce any document or other thing for inspection. or photographing or to permit it to be done. or the contents of the paper. or the physical or mental condition of the party. Contempt of court. (b) An order refusing to allow the disobedient party to support or oppose . (1a) Section 2. or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order. If the application is granted. the refusal may be considered a contempt of that court. the court may make such orders in regard to the refusal as are just.

or from introducing evidence of physical or mental condition. an order directing the arrest of any party or agent of a party for disobeying any of such orders except an order to submit to a physical or mental examination. such order shall be issued. (c) An order striking out pleadings or parts thereof.designated claims or defenses or prohibiting him from introducing in evidence designated documents or things or items of testimony. Unless the court finds that there were good reasons for the denial or that admissions sought were of no substantial importance. order him to pay reasonable expenses incurred by the other. (3a) Section 4. or enter a judgment by default against that party. after being served with a proper notice. or rendering a judgment by default against the disobedient party. including attorney's fees. may strike out all or any part of any pleading of that party. or fails to serve answers to interrogatories submitted under Rule 25 after proper service of such interrogatories. Failure of party to attend or serve answers managing agent of a party wilfully fails to appear before the officer who is to take his deposition. or dismissing the action or proceeding or any part thereof. and (d) In lieu of any of the foregoing orders or in addition thereto. including attorney's fees. — If a party after being served with a request under Rule 26 to admit the genuineness of any document or the truth of any matter of fact serves a sworn denial thereof and if the party requesting the admissions thereafter proves the genuineness of such document or the truth of any such matter of fact. the court on motion and notice. he may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making such proof. Expenses against the Republic of the Philippines attorney's fees are not to be imposed upon the Republic of the Philippines under this Rule. (4a) Section 5. or dismiss the action or proceeding or any part thereof. (5) Section 6. and in its discretion. or staying further proceedings until the order is obeyed. Expenses on refusal to admit. (6) RULE 30 .

the trial shall not be postponed. Bar Matter No.Trial Section 1. Order of trial. R22) Section 3. counterclaim. 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. Supreme Court. as the expeditious and convenient transaction of business may require. (3a. and that due diligence has been used to procure it. — Subject to the provisions of section 2 of Rule 31. shall adduce evidence of his defense. 21 July 1998) Section 4. — Upon entry of a case in the trial calendar. (5a. except when authorized in writing by the Court Administrator. But if the adverse party admits the facts to be given in evidence. Adjournments and postponements day to day. and to any stated time. R22. (2a. even if he objects or reserves the right to object to their admissibility. counterclaim. R22) Section 2. 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. and unless the court for special reasons otherwise directs. R22) Section 5. (c) The third-party defendant if any. Requisites of motion to postpone trial for illness of party or counsel 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 of 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. Requisites of motion to postpone trial for absence of evidence motion to postpone a trial on the ground of absence of evidence can be granted only upon affidavit showing the materiality or relevancy of such evidence. Notice of Trial. (b) The defendant shall then adduce evidence in support of his defense. . 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. 803. (4a. cross-claim and third-party complaints. cross-claim and fourth-party complaint.

R30) Section 7. If several defendants or third-party defendants. and so forth. the court may delegate the reception of evidence to its clerk of court who is a member of the bar. (3a. (f) The parties may then respectively adduce rebutting evidence only. shall adduce evidence in support of their defense. if any. Judge to receive evidence. and so forth. R30) Section 6. in the order to be prescribed by the court. in writing. and (g) Upon admission of the evidence. R30) Section 8. the case shall be deemed submitted for decision. having separate defenses appear by different counsel. the trial shall be held as to the disputed facts in such order as the court shall prescribe. shall adduce evidence of the material facts pleaded by them. unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings. without the introduction of evidence. (1a.(d) The fourth-party. permits them to adduce evidence upon their original case. the court shall determine the relative order of presentation of their evidence. (2a. upon the facts involved in the litigation. or to any of the parties. delegation to clerk of court the court where the case is pending shall personally receive the evidence to be adduced by the parties. If the parties agree only on some of the facts in issue. The clerk of court shall . Statement of judge. for good reasons and in the furtherance of justice. in default or where the parties agree in writing. — The suspension of actions shall be governed by the provisions of the Civil Code. — During the hearing or trial of a case any statement made by the judge with reference to the case. unless the court. shall be made of record in the stenographic notes. witnesses or counsel. (e) The parties against whom any counterclaim or cross-claim has been pleaded. and submit the case for judgment on the facts agreed upon. Agreed statement of facts. (n) Section 9. — The parties to any action may agree. However. Suspension of actions.

the word "commissioner" includes a referee. or for carrying a judgment or order into effect. (b) When the taking of an account is necessary for the information of the court before judgment. (2a) RULE 32 Trial by Commissioner Section 1. — By written consent of both parties. Consolidation. . — When the parties do not consent. may order a separate trial of any claim. it may order a joint hearing or trial of any or all the matters in issue in the actions. (1a. or third-party complaint. Reference by consent. it may order all the actions consolidated. 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. third-party complaints or issues. counterclaims. or of any separate issue or of any number of claims. As used in these Rules. crossclaims. cross-claim. upon the application of either or of its own motion. — When actions involving a common question of law or fact are pending before the court. in which case the commissioner may be directed to hear and report upon the whole issue or any specific question involved therein. The clerk of court shall have no power to rule on objections to any question or to the admission of exhibits. Reference ordered on 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 long account on either side. 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. R33) Section 2. Separate trials. counterclaim. — The court. and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. the court may. an auditor and an examiner. in furtherance of convenience or to avoid prejudice.evidence to its clerk of court who is a member of the bar. (1) Section 2. (n) RULE 31 Consolidation or Severance Section 1.

(c) When a question of fact. Subject to other specifications and limitations stated in the order. Refusal of witness. the commissioner may proceed or. the commissioner has and shall 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 performance of his duties under the order. the clerk shall forthwith furnish the commissioner with a copy of the order of reference. and unless otherwise provided in the order of reference. arises upon motion or otherwise. Proceedings before commissioner reference and unless otherwise provided therein. The order may specify or limit the powers of the commissioner. R33) Section 5. — Before entering upon his duties the commissioner shall be sworn to a faithful and honest performance thereof. in his discretion. or to receive and report evidence only and may fix the date for beginning and closing the hearings and for the filing of his report. (6a. (3a. R33) Section 4. or to do or perform particular acts. in any stage of a case. (14. shall be deemed a contempt of the court which appointed the commissioner. Oath of commissioner. Failure of parties to appear before commissioner appear at the time and place appointed. or for carrying a judgment or order into effect. He may issue subpoenas and subpoenas duces tecum. Order of reference. and may direct him to report only upon particular issues. (7a R33) . The trial or hearing before him shall proceed in all respects as it would if held before the court. R33) Section 6. he may rule upon the admissibility of evidence. powers of the commissioner made. the commissioner shall forthwith set a time and place for the first meeting of the parties or their counsel to be held within ten (10) days after the date of the order of reference and shall notify the parties or their counsel. (5a. — The refusal of a witness to obey a subpoena issued by the commissioner or to give evidence before him. (2a. giving notice to the absent party or his counsel of the adjournment. other than upon the pleadings. R33) Section 3. swear witnesses. R33) Section 7. adjourn the proceedings to a future day.

Objections to the report based upon grounds which were available to the parties during the proceedings before the commissioner. R33) Section 10. may apply to the court for an order requiring the commissioner to expedite the proceedings and to make his report. as justice requires. He shall attach thereto all exhibits. R33) RULE 33 . papers and the transcript. if they so desire. affidavits. Notice to parties of the filing of report the parties shall be notified by the clerk. to be taxed as costs against the defeated party. only questions of law shall thereafter be considered. R33) Section 9. — When the parties stipulate that a commissioner's findings of fact shall be final. after which the court shall issue an order adopting. Compensation of commissioner commissioner such reasonable compensation as the circumstances of the case warrant. if any. (10. (11a. on notice to the parties and commissioner. or requiring the parties to present further evidence before the commissioner or the court. (8a. Commissioner shall avoid delays to proceed with all reasonable diligence. (13. When his powers are not specified or limited. R33) Section 12. Either party. or recommitting it with instructions. depositions. set forth. Report of commissioner. R33) Section 13. — Upon the expiration of the period of ten (10) days referred to in the preceding section. modifying. Hearing upon report. of the testimonial evidence presented before him. shall not be considered by the court unless they were made before the commissioner. he shall file with the court his report in writing upon the matters submitted to him by the order of reference. the report shall be set for hearing. — Upon the completion of the trial or hearing or proceeding before the commissioner. (9a. (12a. and they shall be allowed ten (10) days within which to signify grounds of objections to the findings of the report. other than objections to the findings and conclusions therein. R33) Section 11. Stipulations as to findings. he shall set forth his findings of fact and conclusions of law in his report. or apportioned.Section 8. or rejecting the report in whole or in part.

(1a. Summary judgment for claimant claim. If the motion is granted but on appeal the order of dismissal is reversed he shall be deemed to have waived the right to present evidence. (1a. Motion and proceedings thereon ten (10) days before the time specified for the hearing. depositions or admissions for a summary judgment in his favor upon all or any part thereof. counterclaim. Demurrer to evidence. counterclaim. depositions. on motion of that party. However. at any time after the pleading in answer thereto has been served. (2a. Summary judgment for defending party claim. After the hearing. depositions or admissions for a summary judgment in his favor as to all or any part thereof. at any time. the material facts alleged in the complaint shall always be proved. Judgment on the pleadings. — After the plaintiff has completed the presentation 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. in actions for declaration of nullity or annulment of marriage or for legal separation. or cross-claim is asserted or a declaratory relief is sought may. the judgment sought shall be rendered . (1a. If his motion is denied he shall have the right to present evidence. or admissions at least three (3) days before the hearing.Demurrer to Evidence Section 1. The adverse party may serve opposing affidavits. — Where an answer fails to tender an issue. or otherwise admits the material allegations of the adverse party's pleading. or cross-claim or to obtain a declaratory relief may. direct judgment on such pleading. move with supporting affidavits. R19) RULE 35 Summary Judgments Section 1. the court may. move with supporting affidavits. R35) RULE 34 Judgment on the Pleadings Section 1. R34) Section 3. R34) Section 2.

signed by him. (5a. the court shall forthwith order the offending 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 including attorney's fees. Rendition of judgments and final orders determining the merits of the case shall be in writing personally and directly prepared by the judge. and the trial shall be conducted on the controverted facts accordingly. and shall show affirmatively that the affiant is competent to testify to the matters stated therein. show that. 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. the court at the hearing of the motion. after hearing further adjudge the offending party or counsel guilty of contempt. shall set forth such facts as would be admissible in evidence. depositions. stating clearly and distinctly the facts and the law on which it is based. It shall thereupon make an order specifying the facts that appear without substantial controversy. Case not fully adjudicated on motion judgment is not rendered upon the whole case or for all the reliefs sought and a trial is necessary. (3a. Final Orders and Entry Thereof Section 1. including the extent to which the amount of damages or other relief is not in controversy. Form of affidavits and supporting papers affidavits shall be made on personal knowledge.forthwith if the pleadings. supporting affidavits. and directing such further proceedings in the action as are just. (6a. or solely for the purpose of delay. and admissions on file. (4a. R34) Section 5. (1a) . it may. Certified true copies of all papers or parts thereof referred to in the affidavit shall be attached thereto or served therewith. — Should it appear to its satisfaction at any time that any of the affidavits presented pursuant to this Rule are presented in bad faith. The facts so specified shall be deemed established. except as to the amount of damages. R34) Section 4. R34) RULE 36 Judgments. R34) Section 6. by examining the pleadings and the evidence before it and by interrogating counsel shall ascertain what material facts exist without substantial controversy and what are actually and in good faith controverted. Affidavits in bad faith. and filed with the clerk of the court.

if known. Entry of judgments and final orders trial or reconsideration is filed within the time provided in these Rules. Separate judgments. Judgment against entity without juridical personality is rendered against two or more persons sued as an entity without juridical personality. In case a separate judgment is rendered the court by order may stay its enforcement until the rendition of a subsequent judgment or judgments and may prescribe such conditions as may be necessary to secure the benefit thereof to the party in whose favor the judgment is rendered. may render a separate judgment disposing of such claim. Several judgments. the court may require the parties on each side to file adversary pleadings as between themselves and determine their ultimate rights and obligations. when a several judgment is proper. the court may. — When more than one claim for relief is presented in an action. The record shall contain the dispositive part of the judgment or final order and shall be signed by the clerk. — In an action against several defendants. the judgment or final order shall forthwith be entered by the clerk in the book of entries of judgments. the judgment shall set out their individual or proper names. The date of finality of the judgment or final order shall be deemed to be the date of its entry. within a certificate that such judgment or final order has become final and executory. (3) Section 4. the court. The judgment shall terminate the action with respect to the claim so disposed of and the action shall proceed as to the remaining claims.Section 2. render judgment against one or more of them. Judgment for or against one or more of several parties be given for or against one or more of several plaintiffs and for or against one or more of several defendants. upon a determination of the issues material to a particular claim and all counterclaims arising out of the transaction or occurrence which is the subject matter of the claim. 10. (4) Section 5. (2a. (6a) RULE 37 New Trial or Reconsiderations . at any stage. When justice so demands. (5a) Section 6. R51) Section 3. leaving the action to proceed against the others.

A motion for the cause mentioned in paragraph (a) of the preceding section shall be supported by affidavits of merits which may be rebutted by affidavits. mistake or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in his rights.Section 1. and which if presented would probably alter the result. Contents of motion for new trial or reconsideration and notice thereof. or that the decision or final order is contrary to law. that the evidence is insufficient to justify the decision or final order. a written notice of which shall be served by the movant on the adverse party. A motion for reconsideration shall point out a specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law making express reference to the testimonial or documentary evidence or to the provisions of law alleged to be contrary to such findings or conclusions. the aggrieved party may also move for reconsideration upon the grounds that the damages awarded are excessive. A motion for new trial shall be proved in the manner provided for proof of motion. with reasonable diligence. which he could not. Within the same period. (1a) Section 2. or by duly authenticated documents which are proposed to be introduced in evidence. The motion shall be made in writing stating the ground or grounds therefor. have discovered and produced at the trial. 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. or (b) Newly discovered evidence. . accident. the aggrieved party may move the trial court to set aside the judgment or final order and grant a new trial for one or more of the following causes materially affecting the substantial rights of said party: (a) Fraud. Grounds of and period for filing motion for new trial or reconsideration — Within the period for taking an appeal.

Second motion for new trial.A pro forma motion for new trial or reconsideration shall not toll the reglementary period of appeal. A second motion for new trial. IRG) Section 6. Action upon motion for new trial or reconsideration may set aside the judgment or final order and grant a new trial. based on a ground not existing nor available when the first motion was made. (n) Section 5. and the action shall stand for trial evidence taken upon the former trial. (6a) Section 8. or less than all. 4. or only one. may be filed within the time herein provided excluding the time during which the first motion had been pending. (2a) Section 3. No party shall be allowed a second motion for reconsideration of a judgment or final order (4a. or less than an of the matter in controversy. shall be used at the new trial without retaking the same. the court may either enter a judgment or final order as to the rest. it may amend such judgment or final order accordingly. — A motion for new trial shall include all grounds then available and those not so included shall be deemed waived. If the court finds that excessive damages have been awarded or that the judgment or final order is contrary to the evidence or law. (5a) Section 7. Effect of granting of motion for new trial accordance with the provisions of this Rules the original judgment or final order shall be vacated. Resolution of motion. Partial new trial or reconsideration under this Rule appear to the court to affect the issues as to only a part. of the parties to it. (3a) Section 4. Effect of order for partial new trial are ordered retried. upon such terms as may be just. or may deny the motion. insofar as the same is material and competent to establish the issues. the court may order a new trial or grant reconsideration as to such issues if severable without interfering with the judgment or final order upon the rest. or stay the enforcement of such judgment or final order until after the new . — A motion for new trial or reconsideration shall be resolved within thirty (30) days from the time it is submitted for resolution.

Remedy against order denying a motion for new trial or reconsideration — An order denying a motion for new trial or reconsideration is not appealed. together with copies of the petition and the accompanying affidavits. accident. (n) RULE 38 Relief from Judgments. the court in which it is filed. he may file a petition in such court and in the same case praying that the judgment. or other proceeding to be set aside. — If the petition is sufficient in form and substance to justify relief. Preliminary injunction pending proceedings petition is filed may grant such preliminary injunction as may be necessary for . as the case may be. the remedy being an appeal from the judgment or final order. Time for filing petition. (3) Section 4. mistake. or such proceeding was taken. filed within sixty (60) days after the petitioner learns of the judgment. (1a) Section 3. final order. (7a) Section 9. Order to file an answer. (4a) Section 5. contents and verification for in either of the preceding sections of this Rule must be verified. or any other proceeding is thereafter taken against a party in any court through fraud. accident.trial. has been prevented from taking an appeal. and a party thereto. and not more than six (6) months after such judgment or final order was entered. shall issue an order requiring the adverse parties to answer the same within fifteen (15) days from the receipt thereof. or excusable negligence relied upon. Petition for relief from denial of appeal order is rendered by any court in a case. accident. Petition for relief from judgment judgment or final order is entered. or excusable negligence. The order shall be served in such manner as the court may direct. or excusable negligence. mistake. and must be accompanied with affidavits showing the fraud. (2a) Section 2. by fraud. he may file a petition in such court and in the same case praying that the appeal be given due course. or Other Proceedings Section 1. mistake. order or proceeding be set aside. and the facts constituting the petitioner's good and substantial cause of action or defense. Orders.

it finds that the allegations thereof are not true. on motion of the judgment obligee. Proceedings after answer is filed expiration of the period therefor. The appellate court may. (7a) RULE 39 Execution. Procedure where the denial of an appeal is set aside of an appeal is set aside. 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 proper appeal had been made. when the interest of justice so requires. the execution may forthwith be applied for in the court of origin. Satisfaction and Effect of Judgments Section 1. (5a) Section 6.the preservation of the rights of the parties. it shall set aside the judgment or final order or other proceeding complained of upon such terms as may be just. submitting therewith certified true copies of the judgment or judgments or final order or orders sought to be enforced and of the entry thereof. Execution upon judgments or final orders matter of right. direct the court of origin to issue the writ of execution. final order or other proceeding had never been rendered. Thereafter the case shall stand as if such judgment. (n) . 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. the court shall hear the petition and if after such hearing. the petition shall be dismissed. The court shall then proceed to hear and determine the case as if a timely motion for a new trial or reconsideration had been granted by it. of the petitioner. conditioned that if the petition is dismissed or the petitioner fails on the trial of the case upon its merits. upon the filing by the petitioner of a bond in favor of the adverse party. but such injunction shall not operate to discharge or extinguish any lien which the adverse party may have acquired upon. 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. issued or taken. (6a) Section 7. with notice to the adverse party. but if it finds said allegations to be true. the property. or motion. (1a) If the appeal has been duly perfected and finally resolved. on motion in the same case.

(3a ) Section 4. (2a) Section 3. as the case may be. 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 party. at the time of the filing of such motion. accounting. Discretionary execution. accounting and support.Section 2. unless otherwise ordered by the trial court. — (a) Execution of a judgment or final order pending appeal prevailing party with notice to the adverse party filed in the trial court while it has jurisdiction over the case and is in possession of either the original record or the record on appeal. (b) Execution of several. the appellate court in its discretion may make an order suspending. On appeal therefrom. shall be enforceable after their rendition and shall not. order execution of a judgment or final order even before the expiration of the period to appeal. — Discretionary execution issued under the preceding section may be stayed upon approval by the proper court of a sufficient supersedeas bond filed by the party against whom it is directed. or award of support. restoring or granting the injunction. said court may. separate or partial judgments partial judgment may be executed under the same terms and conditions as execution of a judgment or final order pending appeal. Judgments not stayed by appeal receivership. receivership. modifying. (4a) . Stay of discretionary execution. conditioned upon the performance of the judgment or order allowed to be executed in case it shall be finally sustained in whole or in part. and such other judgments as are now or may hereafter be declared to be immediately executory. be stayed by an appeal taken therefrom. The bond thus given may be proceeded against on motion with notice to the surety. in its discretion. Discretionary execution may only issue upon good reasons to be stated in a special order after due hearing. After the trial court has lost jurisdiction the motion for execution pending appeal may be filed in the appellate court.

(c) In case of the death of the judgment obligor. form and contents of a writ of execution execution shall: (1) issue in the name of the Republic of the Philippines from the court which granted the motion. (7a) Section 8. (2) state the name of the court. After the lapse of such time. (5a) Section 6. with interest. the trial court may. . Execution in case of death of party execution may issue or be enforced in the following manner: (a) In case of the death of the judgment obligee. and (3) require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms. out of the real or personal property of such judgment obligor. on appeal or otherwise. if the judgment be for the recovery of real or personal property. against his executor or administrator or successor in interest. the dispositive part of the subject judgment or order. in the manner hereinafter provided: (a) If the execution be against the property of the judgment obligor. The revived judgment may also be enforced by motion within five (5) years from the date of its entry and thereafter by action before it is barred by the statute of limitations. and before it is barred by the statute of limitations. Execution by motion or by independent action judgment or order may be executed on motion within five (5) years from the date of its entry. after execution is actually levied upon any of his property. Effect of reversal of executed judgment judgment is reversed totally or partially. and the officer making the sale shall account to the corresponding executor or administrator for any surplus in his hands. the case number and title. or the enforcement of a lien thereon. on motion. issue such orders of restitution or reparation of damages as equity and justice may warrant under the circumstances. to satisfy the judgment. Issuance. upon the application of his executor or administrator. (b) In case of the death of the judgment obligor. a judgment may be enforced by action. (6a) Section 7. the same may be sold for the satisfaction of the judgment obligation. or successor in interest. or annulled.Section 5.

or profits due as of the date of the issuance of the writ. the material parts of which shall be recited in the writ of execution. heirs. costs. The latter shall turn over all the amounts coming into his possession within the same day to the clerk of court of the court that issued the . The lawful fees shall 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 issued the writ. (d) If it be for the delivery of the possession of real or personal property. and (e) In all cases.(b) If it be against real or personal property in the hands of personal representatives. the judgment obligor shall deliver the aforesaid payment to the executing sheriff. describing it. and if sufficient personal property cannot be found. and to satisfy any costs. and apply the proceeds in conformity with the judgment. to satisfy the judgment. rents. to the party entitled thereto. or profits covered by the judgment out of the personal property of the person against whom it was rendered. out of such property. the writ of execution shall specifically state the amount of the interest. the motion for execution shall specify the amounts of the foregoing reliefs sought by the movant. For this purpose. damages. aside from the principal obligation under the judgment. certified bank check payable to the judgment obligee. then out of the real property. or trustees of the judgment obligor. Execution of judgments for money (a) Immediate payment on demand. tenants. legatees. (c) If it be for the sale of real or personal property to sell such property describing it. rents. with interest. to deliver the possession of the same. damages. the amount of the judgment debt under proper receipt directly to the judgment obligee or his authorized representative if present at the time of payment. If the judgment obligee or his authorized representative is not present to receive payment. or any other form of payment acceptable to the latter.(8a) Section 9. The judgment obligor shall pay in cash. devisees. — The officer shall enforce an execution of a judgment for money by demanding from the judgment obligor the immediate payment of the full amount stated in the writ of execution and all lawful fees.

the officer shall levy upon the properties of the judgment obligor of every kind and nature whatsoever which may be disposed. — If the judgment obligor cannot pay all or part of the obligation in cash. and other personal property. of for value and not otherwise exempt from execution giving the latter the option to immediately choose which property or part thereof may be levied upon. The sheriff shall sell only a sufficient portion of the personal or real property of the judgment obligor which has been levied upon. debts. if any. commissions and other personal property not capable of manual delivery in the possession or control of third parties. he must sell only so much of the personal or real property as is sufficient to satisfy the judgment and lawful fees. When there is more property of the judgment obligor than is sufficient to satisfy the judgment and lawful fees. deposit said amounts to a fiduciary account in the nearest government depository bank of the Regional Trial Court of the locality. or any interest in either real or personal property. credits. (c) Garnishment of debts and credits. If the judgment obligor does not exercise the option. The excess. stocks. sufficient to satisfy the judgment. or if the same is not practicable. shall be delivered to the judgment obligor while the lawful fees shall be retained by the clerk of court for disposition as provided by law. shares. — The officer may levy on debts due the judgment obligor and other credits. including bank deposits. The clerk of said court shall thereafter arrange for the remittance of the deposit to the account of the court that issued the writ whose clerk of court shall then deliver said payment to the judgment obligee in satisfaction of the judgment. and then on the real properties if the personal properties are insufficient to answer for the judgment. financial interests. if any. royalties. certified bank check or other mode of payment acceptable to the judgment obligee. may be levied upon in like manner and with like effect as under a writ of attachment. the officer shall first levy on the personal properties. (b) Satisfaction by levy. Real property. Levy shall be made by .writ. In no case shall the executing sheriff demand that any payment by check be made payable to him.

serving notice upon the person owing such debts or having in his possession or control such credits to which the judgment obligor is entitled. The garnishment shall cover only such amount as will satisfy the judgment and all lawful fees. The garnishee shall make a written report to the court within five (5) days from service of the notice of garnishment stating whether or not the judgment obligor has sufficient funds or credits to satisfy the amount of the judgment. If not, the report shall state how much funds or credits the garnishee holds for the judgment obligor. The garnished amount in cash, or certified bank check issued in the name of the judgment obligee, shall be delivered directly to the judgment obligee within ten (10) working days from service of notice on said garnishee requiring such delivery, except the lawful fees which shall be paid directly to the court. In the event there are two or more garnishees holding deposits or credits sufficient to satisfy the judgment, the judgment obligor, if available, shall have the right to indicate the garnishee or garnishees who shall be required to deliver the amount due, otherwise, the choice shall be made by the judgment obligee. The executing sheriff shall observe the same procedure under paragraph (a) with respect to delivery of payment to the judgment obligee. (8a, 15a) Section 10. Execution of judgments for specific act (a) Conveyance, delivery of deeds, or other specific acts judgment directs a party to execute a conveyance of land or personal property, or to deliver deeds or other documents, or to perform, any other specific act in connection therewith, and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done shall have like effect as if done by the party. If real or personal property is situated within the Philippines, the court in lieu of directing a conveyance thereof may by an order divest the title of any party and vest it in others, which shall have the force and effect of a conveyance executed in due form of law. (10a) (b) Sale of real or personal property. — If the judgment be for the sale of real or personal property, to sell such property, describing it, and apply the proceeds in conformity with the judgment. (8[c]a)

(c) Delivery or restitution of real property. — 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 vacate the property within three (3) working days, and restore possession thereof to the judgment obligee, otherwise, the officer shall oust all such persons therefrom with the assistance, if necessary, of appropriate peace officers, and employing such means as may be reasonably necessary to retake possession, and place the judgment obligee in possession of such property. Any costs, damages, rents or profits awarded by the judgment shall be satisfied in the same manner as a judgment for money. (13a) (d) Removal of improvements on property subject of execution property subject of the execution contains improvements constructed or planted by the judgment obligor or his agent, the officer shall not destroy, demolish or remove said improvements except upon special order of the court, issued upon motion of the judgment obligee after the hearing and after the former has failed to remove the same within a reasonable time fixed by the court. (14a) (e) Delivery of personal property. — In judgment for the delivery of personal property, the officer shall take possession of the same and forthwith deliver it to the party entitled thereto and satisfy any judgment for money as therein provided. (8a) Section 11. Execution of special judgments performance of any act other than those mentioned in the two preceding sections, a certified copy of the judgment shall be attached to the writ of execution and shall be served by the officer upon the party against whom the same is rendered, or upon any other person required thereby, or by law, to obey the same, and such party or person may be punished for contempt if he disobeys such judgment. (9a) Section 12. Effect of levy on execution as to third person shall create a lien in favor of the judgment obligee over the right, title and interest of the judgment obligor in such property at the time of the levy, subject to liens and encumbrances then existing. (16a) Section 13. Property exempt from execution provided by law, the following property, and no other, shall be exempt from

execution: (a) The judgment obligor's family home as provided by law, or the homestead in which he resides, and land necessarily used in connection therewith; (b) Ordinary tools and implements personally used by him in his trade, employment, or livelihood; (c) Three horses, or three cows, or three carabaos, or other beasts of burden, such as the judgment obligor may select necessarily used by him in his ordinary occupation; (d) His necessary clothing and articles for ordinary personal use, excluding jewelry; (e) Household furniture and utensils necessary for housekeeping, and used for that purpose by the judgment obligor and his family, such as the judgment obligor may select, of a value not exceeding one hundred thousand pesos; (f) Provisions for individual or family use sufficient for four months; (g) The professional libraries and equipment of judges, lawyers, physicians, pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other professionals, not exceeding three hundred thousand pesos in value; (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; (i) So much of the salaries, wages, 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; (j) Lettered gravestones; (k) Monies, benefits, privileges, or annuities accruing or in any manner growing out of any life insurance;

(l) The right to receive legal support, or money or property obtained as such support, or any pension or gratuity from the Government; (m) Properties specially exempted by law. 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. (12a) Section 14. Return of writ of execution. — The writ of execution shall be returnable to the court issuing it immediately after the judgment has been satisfied in part or in full. If the judgment cannot be satisfied in full within thirty (30) days after his receipt of the writ, the officer shall report to the court and state the reason therefor. Such writ shall continue in effect during the period within which the judgment may be enforced by motion. The officer shall make a report to the court every thirty (30) days on the proceedings taken thereon until the judgment is satisfied in full, or its effectivity expires. The returns or periodic reports shall set forth the whole of the proceedings taken, and shall be filed with the court and copies thereof promptly furnished the parties. (11a) Section 15. Notice of sale of property on execution on execution, notice thereof must be given as follows: (a) In case of perishable property, by posting written notice of the time and place of the sale in three (3) public places, preferably in conspicuous areas of the municipal or city hall, post office and public market in the municipality or city where the sale is to take place, for such time as may be reasonable, considering the character and condition of the property; (b) In case of other personal property, by posting a similar notice in the three (3) public places above-mentioned for not less than five (5) days; (c) In case of real property, 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, and if the assessed value of the property exceeds fifty thousand (P50,000.00) pesos, by publishing a copy of the notice once a week for two (2) consecutive weeks in one newspaper selected by raffle, whether in English, Filipino, or any major regional language published, edited

and circulated or, in the absence thereof, having general circulation in the province or city; (d) In all cases, written notice of the sale shall be given to the judgment obligor, at least three (3) days before the sale, except as provided in paragraph (a) hereof where notice shall be given the same manner as personal service of pleadings and other papers as provided by section 6 of Rule 13. The notice shall specify the place, 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 the afternoon. The place of the sale may be agreed upon by the parties. In the absence of such agreement, the sale of the property or personal property not capable 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 of or which was designated by the appellate court. In the case of personal property capable of manual delivery, the sale shall be held in the place where the property is located. (18a) Section 16. Proceedings where property claimed by third person levied on is claimed by any person other than the judgment obligor or his agent, and such person makes an affidavit of his title thereto or right to the possession thereof, stating the grounds of such right or title, and serves the same upon the officer making the levy and copy thereof, stating the grounds of such right or tittle, and a serves the same upon the officer making the levy and a copy thereof upon the judgment obligee, the officer shall not be bound to keep the property, unless such judgment obligee, on demand of the officer, files a bond approved by the court to indemnity the third-party claimant in a sum not less than the value of the property levied on. In case of disagreement as to such value, the same shall be determined by the court issuing the writ of execution. No claim for damages for the taking or keeping of the 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. The officer shall not be liable for damages for the taking or keeping of the property, to any third-party claimant if such bond is filed. Nothing herein contained shall prevent such claimant or any third person from vindicating his claim to the property in a separate action, or prevent the judgment obligee from claiming damages in the same or a separate action against a third-party claimant

who filed a frivolous or plainly spurious claim. When the writ of execution is issued in favor of the Republic of the Philippines, or any officer duly representing it, the filing of such bond shall not be required, and in case the sheriff or levying officer is sued for damages as a result of the levy, he shall be represented by the Solicitor General and if held liable therefor, the actual damages adjudged by the court shall be paid by the National Treasurer out of such funds as may be appropriated for the purpose. (17a) Section 17. Penalty for selling without notice officer selling without the notice prescribed by section 15 of this Rule shall be liable to pay punitive damages in the amount of five thousand (P5,000.00) pesos to any person injured thereby, in addition to his actual damages, both to be recovered by motion in the same action; and a person willfully removing or defacing the notice posted, if done before the sale, or before the satisfaction of the judgment if it be satisfied before the sale, shall be liable to pay five thousand (P5,000.00) pesos to any person injured by reason thereof, in addition to his actual damages, to be recovered by motion in the same action. (19a) Section 18. No sale if judgment and costs paid property on execution, the judgment obligor may prevent the sale by paying the amount required by the execution and the costs that have been incurred therein. (20a) Section 19. How property sold on execution sale. — All sales of property under execution must be made at public auction, to the highest bidder, to start at the exact time fixed in the notice. After sufficient property has been sold to satisfy the execution, no more shall be sold and any excess property or proceeds of the sale shall be promptly delivered to the judgment obligor or his authorized representative, unless otherwise directed by the judgment or order of the court. When the sale is of real property, consisting of several known lots, they must be sold separately; or, when a portion of such real property is claimed by a third person, he may require it to be sold separately. When the sale is of personal property capable of manual delivery, it must be sold within view of those attending the same and in such parcels as are likely to bring the highest price. The judgment obligor, if present at the sale, may direct the order in which property, real or personal shall be sold, when such property consists of several known lots or parcels which can be sold to advantage separately. Neither the officer conducting the execution sale, nor his deputies,

can become a purchaser, nor be interested directly or indirectly in any purchase at such sale. (21a) Section 20. Refusal of purchaser to pay. — If a purchaser refuses to pay the amount bid by him for property struck off to him at a sale under execution, the officer may again sell the property to the highest bidder and shall not be responsible for any loss occasioned thereby; but the court may order the refusing purchaser to pay into the court the amount of such loss, with costs, and may punish him for contempt if he disobeys the order. The amount of such payment shall be for the benefit of the person entitled to the proceeds of the execution, unless the execution has been fully satisfied, in which event such proceeds shall be for the benefit of the judgment obligor. The officer may thereafter reject any subsequent bid of such purchaser who refuses to pay. (22a) Section 21. Judgment obligee as purchaser judgment obligee, and no third-party claim has been filed, he need not pay the amount of the bid if it does not exceed the amount of his judgment. If it does, he shall pay only the excess. (23a) Section 22. Adjournment of sale. — By written consent of the judgment obligor and obligee, or their duly authorized representatives, the officer may adjourn the sale to any date and time agreed upon by them. Without such agreement, he may adjourn the sale from day to day if it becomes necessary to do so for lack of time to complete the sale on the day fixed in the notice or the day to which it was adjourned. (24a) Section 23. Conveyance to purchaser of personal property capable of manual delivery. — When the purchaser of any personal property, capable of manual delivery, pays the purchase price, the officer making the sale must deliver the property to the purchaser and, if desired, execute and deliver to him a certificate of sale. The sale conveys to the purchaser all the rights which the judgment obligor had in such property as of the date of the levy on execution or preliminary attachment. (25a) Section 24. Conveyance to purchaser of personal property not capable of manual delivery. — When the purchaser of any personal property, not capable of manual delivery, pays the purchase price, the officer making the sale must execute and deliver to the purchaser 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 of the levy on execution or preliminary attachment. (26a) Section 25. Conveyance of real property; certificate thereof given to purchaser and filed with registry of deeds. — Upon a sale of real property, the officer must give to the purchaser a certificate of sale containing: (a) A particular description of the real property sold; (b) The price paid for each distinct lot or parcel; (c) The whole price paid by him; (d) A statement that the right of redemption expires one (1) year from the date of the registration of the certificate of sale. Such certificate must be registered in the registry of deeds of the place where the property is situated. (27 a) Section 26. Certificate of sale where property claimed by third person property sold by virtue of a writ of execution has been claimed by a third person, the certificate of sale to be issued by the sheriff pursuant to sections 23, 24 and 25 of this Rule shall make express mention of the existence of such third-party claim. (28a) Section 27. Who may redeem real property so sold provided in the last preceding section, or any part thereof sold separately, may be redeemed in the manner hereinafter provided, by the following persons: (a) The judgment obligor; or his successor in interest in the whole or any part of the property; (b) A creditor having a lien by virtue of an attachment, judgment or mortgage on the property sold, or on some part thereof, subsequent to the lien under which the property was sold. Such redeeming creditor is termed a redemptioner. (29a) Section 28. Time and manner of, and amounts payable on notice to be given and filed. — The judgment obligor, or redemptioner, may

and if any assessments or taxes are paid by the redemptioner or if he has or acquires any lien other than that upon which the redemption was made. The person to whom the redemption payment is made must execute and deliver to him a certificate of redemption . with two thereon in addition. up to the time of redemption. (30a) Section 29. other than the judgment under which such purchase was made. the property may be redeemed without paying such assessments. with interest. no further redemption shall be allowed and he is restored to his estate. to whom payments on redemption made judgment obligor redeems he must make the same payments as are required to effect a redemption by a redemptioner. with two per centum thereon in addition and the amount of any assessments or taxes which the last redemptioner may have paid thereon after redemption by him. taxes. and the amount of any liens held by the last redemptioner prior to his own. and the amounts of any assessments or taxes which the last previous redemptioner paid after the redemption thereon. the amount of such other lien. The property may be again. with interest. with interest thereon. with interest. the amount of any liens held by said last redemptioner prior to his own. with the per centum addition. 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. if such notice be not filed. or liens. at any time within one (1) year from the date of the registration of the certificate of sale. with interest on such last named amount.redeem the property from the purchaser. 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. whereupon. Effect of redemption by judgment obligor delivered and recorded thereupon. and if the purchaser be also a creditor having a prior lien to that of the redemptioner. and in addition. and as often as a redemptioner is so disposed. and interest on such last named amount at the same rate. redeemed from any previous redemptioner within sixty (60) days after the last redemption. notice thereof must in like manner be given to the officer and filed with the registry of deeds. together with the amount of any assessments or taxes which the purchaser may have paid thereon after purchase. on paying the sum paid on the last previous redemption. by paying the purchaser the amount of his purchase.

on the application of the purchaser or the judgment obligee. — If no redemption be made within one (1) year from the date of the registration of the certificate of sale. (32a) Section 31. or to make the necessary repairs to buildings thereon while he occupies the property. and an affidavit executed by him or his agent. as in other proper cases. if he redeems upon a mortgage or other lien. to continue to use it in the same manner in which it was previously used. the court may. earnings and income derived from the property pending redemption shall belong to the judgment obligor until the expiration of his period of redemption. Proof required of redemptioner the officer. or entitled to possession afterwards. certified by the registrar of deeds. showing the amount then actually due on the lien. or for him to the officer who made the sale. (33a) Section 32. during the period allowed for redemption. certified by the clerk of the court wherein the judgment or final order is entered. Manner of using premises pending redemption Until the expiration of the time allowed for redemption. a memorandum of the record thereof. All rents. or to use it in the ordinary course of husbandry. Deed and possession to be given at expiration of redemption period whom executed or given. restrain the commission of waste on the property by injunction.acknowledged before a notary public or other officer authorized to take acknowledgments of conveyances of real property. or. or the value of the use and occupation thereof when such property is in the possession of a tenant. (34a) Section 33. with or without notice. The payments mentioned in this and the last preceding sections may be made to the purchaser or redemptioner. earnings and income of the property sold on execution. or an original or certified copy of any assignment necessary to establish his claim. or. if so redeemed whenever sixty . Such certificate must be filed and recorded in the registry of deeds of the place in which the property is situated and the registrar of deeds must note the record thereof on the margin of the record of the certificate of sale. earnings and income of property pending redemption purchaser or a redemptioner shall not be entitled to receive the rents. but it is not waste for a person in possession of the property at the time of the sale. and serve with his notice to the officer a copy of the judgment or final order under which he claims the right to redeem. (31a) Section 30. the purchaser is entitled to a conveyance and possession of the property. Rents. or person from whom he seeks to redeem.

or. or is evicted therefrom. or because the property sold was exempt from execution. (36a) Section 35. and in the latter case shall have the same validity as though the officer making the sale had continued in office and executed it. interest and claim of the judgment obligor to the property as of the time of the levy. and the time for redemption has expired. the last redemptioner is entitled to the conveyance and possession. or one of them pays. (37a) . as security for another. or his successor in interest. or any part thereof. either by sale of his property or before sale. fails to recover the possession thereof. and when a judgment is upon an obligation of one of them. he may on motion in the same action or in a separate action recover from the judgment obligee the price paid. without a sale. if so redeemed whenever sixty (60) days have elapsed and no other redemption has been made. the purchaser or redemptioner shall be substituted to and acquire all the rights. he may compel repayment from the principal. Upon the expiration of the right of redemption. or because a third person has vindicated his claim to the property. or he may. and notice thereof given. or so much thereof as has been delivered to the judgment obligor. (35a) Section 34. have the original judgment revived in his name for the whole price with interest. and the surety pays the amount. he may compel a contribution from the others. more than his proportion. title. with interest. The deed shall be executed by the officer making the sale or by his successor in office.conveyance and possession of the property. The possession of the property shall be given to the purchaser or last redemptioner by the same officer unless a third party adversely to the judgment obligor. on motion. Recovery of price if sale not effective purchaser of real property sold on execution. or so much thereof as has not been delivered to the judgment obligor. Right to contribution or reimbursement execution against several persons is sold thereon. or because the judgment has been reversed or set aside. and more than a due proportion of the judgment is satisfied out of the proceeds of the sale of the property of one of them. but in all cases the judgment obligor shall have the entire period of one (1) year from the date of the registration of the sale to redeem the property. in consequence of irregularities in the proceedings concerning the sale. The judgment so revived shall have the same force and effect as an original judgment would have as of the date of the revival and no more.

Enforcement of attendance and conduct of examination other person may be compelled. or other juridical entity has property of such judgment obligor or is indebted to him. at a time and place within the province or city where such debtor resides or is found. the court may. (38a) Section 37. If the examination is before a commissioner. may be punished for contempt as in other cases. and the court may also require notice of such proceedings to be given to any party to the action in such manner as it may deem proper. until they are completed. and be examined concerning the same. at any time after such return is made. or any one of several obligors in the same judgment. and proceedings may thereupon be had for the application of the property and income of the judgment obligor towards the satisfaction of the judgment. corporation. in whole or in part. to appear before the court or a commissioner appointed by it. Examination of obligor of judgment obligor writ of execution against the property of a judgment obligor shows that the judgment remain unsatisfied. and when a corporation or other juridical entity answers. or to answer as a witness or to subscribe his deposition. in whole or in part. and upon proof to the satisfaction of the court which issued the writ. the judgment obligee. or juridical entity from the time of service. require such person. he must take it in writing and certify it to the court. Examinations shall not be unduly prolonged. and upon failure to obey such order or subpoena or to be sworn. but the proceedings may be adjourned from time to time. or member thereof. corporation. shall be entitled to an order from the court which rendered the said judgment. or any officer. (39a) Section 38.Section 36. it must be on the oath of an . Examination of judgment obligor when judgment unsatisfied the return of a writ of execution issued against property of a judgment obligor. by an order. All examinations and answers before a court commissioner must be under oath. by an order or subpoena. But no judgment obligor shall be so required to appear before a court or commissioner outside the province or city in which such obligor resides or is found. to attend before the court or commissioner to testify as provided in the two preceding sections. requiring such judgment obligor to appear and be examined concerning his property and income before such court or before a commissioner appointed by it at a specified time and place. that a person. The service of the order shall bind all credits due the judgment obligor and all money and property of the judgment obligor in the possession or in the control of such person corporation. or other juridical entity. shows that the judgment remains unsatisfied.

the court may order that he pay the judgment in fixed monthly installments. and such sale shall be conducted in all respects in the same manner as is provided for the sale of real state upon execution. Order for application of property and income to satisfaction of judgment. in the hands of either himself or another person. (42a) Section 41.authorized officer or agent thereof. (40a) Section 39. to be applied to the satisfaction of the judgment. Proceedings when indebtedness denied or another person claims the . and his interest therein can be ascertained without controversy the receiver may be ordered to sell and convey such real estate or the interest of the obligor therein. or of a corporation or other juridical entity.wise. may punish him for indirect contempt. and it may also forbid a transfer or other disposition of. (43a) Section 42. Obligor may pay execution against obligee against property has been issued. If. in the manner prescribed in section 9 of this Rule. and the sheriff's receipt shall be a sufficient discharge for the amount so paid or directed to be credited by the judgment obligee on the execution. Sale of ascertainable interest of judgment obligor in real estate appears that the judgment obligor has an interest in real estate in the place in which proceedings are had. (41a) Section 40. 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 thereof as may be necessary to satisfy the judgment. — The court may order any property of the judgment obligor. upon investigation of his current income and expenses. or money due him. as mortgagor or mortgagee or other. — The court may appoint a receiver of the property of the judgment obligor. and upon his failure to pay any such installment when due without good excuse. Appointment of receiver. it appears that the earnings of the judgment obligor for his personal services are more than necessary for the support of his family. (34a) Section 43. the property of the judgment obligor not exempt from execution. subject to any prior rights over such property. not exempt from execution. and the proceedings thereon shall be approved by the court before the execution of the deed. or any interference with.

Entry of satisfaction with or without admission judgment is satisfied in fact. and an opportunity at the surety's request to join in the defense. Entry of satisfaction of judgment by clerk of court judgment shall be entered by the clerk of court in the court docket. (47a) Section 46. the latter is also bound from the time that he has notice of the action or proceeding. When principal bound by judgment against surety judgment is rendered against a party who stands as surety for another. and in the execution book.property. or upon the filing of an admission to the satisfaction of the 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 authority is filed. or indorse an admission of the satisfaction as provided in the last preceding section. Such order may be modified or vacated at any time by the court which issued it. the court may authorize. and may punish disobedience of such order as for contempt. or upon the endorsement of such admission by the judgment obligee or his counsel. having jurisdiction to pronounce the judgment or final order. and after notice and upon motion the court may order either the judgment obligee or his counsel to do so. the judgment obligee to institute an action against such person or corporation for the recovery of such interest or debt. by an order made to that effect. or by the court in which the action is brought. or otherwise than upon an execution on demand of the judgment obligor. (45a) Section 44. Effect of judgments or final orders order rendered by a court of the Philippines. — If it appears that a person or corporation. (48a) Section 47. claims an interest in the property adverse to him or denied the debt. alleged to have property of the judgment obligor or to be indebted to him. (46a) Section 45. upon such terms as may be just. upon the return of a writ of execution showing the full satisfaction of the judgment. or may order the entry of satisfaction to be made without such admission. the judgment obligee or his counsel must execute and acknowledge. forbid a transfer or other disposition of such interest or debt within one hundred twenty (120) days from notice of the order. may be as follows: . on the face of the record of the judgment.

the judgment or final order is conclusive upon the title to the thing. the will or administration or the condition. the probate of a will or granting of letters of administration shall only be prima facie evidence of the death of the testator or intestate. the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title. and (c) In any other litigation between the same parties or their successors in interest. having jurisdiction to render the judgment or final order is as follows: (a) In case of a judgment or final order upon a specific thing. collusion. or in respect to the personal. (b) In other cases. Effect of foreign judgments or final orders or final order of a tribunal of a foreign country.(a) In case of a judgment or final order against a specific thing. or in respect to the probate of a will. and (b) In case of a judgment or final order against a person. the judgment or final order is. political. or clear mistake of law or fact. fraud. status or relationship of the person. (49a) Section 48. the judgment or final order may be repelled by evidence of a want of jurisdiction. with respect to the matter directly adjudged or as to any other matter that could have been missed in relation thereto. that only is deemed to have been adjudged in a former judgment or final order which appears upon its face to have been so adjudged. the judgment or final order. is conclusive upon the title to the thing. or which was actually and necessarily included therein or necessary thereto. or the administration of the estate of a deceased person. want of notice to the party. (50a) Appeals RULE 40 Appeal From Municipal Trial Courts to the Regional Trial Courts . litigating for the same thing and under the same title and in the same capacity. however. or legal condition or status of a particular person or his relationship to another. In either case. by title subsequent to the commencement of the action or special proceeding. conclusive between the parties and their successors in interest.

Appellate court docket and other lawful fees taking an appeal. (a) Section 2. and the record on appeal where required. and state the material dates showing the timeliness of the appeal.Section 1. A record on appeal shall be required only in special proceedings and in other cases of multiple or separate appeals. (n) Section 4. — An appeal may be taken within fifteen (15) days after notice to the appellant of the judgment or final order appealed from. The form and contents of the record on appeal shall be as provided in section 6. the judgment or final order or part thereof appealed from. Copies of the notice of appeal. effect thereof. The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. — An appeal from a judgment or final order of a Municipal Trial Court may be taken to the Regional Trial Court exercising jurisdiction over the area to which the former pertains. (n) Section 3. Rule 41. The notice of appeal shall indicate the parties to the appeal. — The appeal is taken by filing a notice of appeal with the court that rendered the judgment or final order appealed from. How to appeal. Rule 41. the effect thereof shall be governed by the provisions of section 9. but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee. 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 . Where a record on appeal is required. 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. No motion for extension of time to file a motion for new trial or reconsideration shall be allowed. When to appeal. Perfection of appeal. (n) Section 5. Where to appeal. shall be served on the adverse party. The title of the case shall remain as it was in the court of origin.

the case shall be considered submitted for decision. Proof of payment thereof shall be transmitted to the appellate court together with the original record or the record on appeal. as the case may be. (n) Section 8. (n) Section 6. Within fifteen (15) days from receipt of the appellant's memorandum. shall try the case on the merits as if the case was originally filed with it. A copy of his letter of transmittal of the records to the appellate court shall be furnished the parties. which he shall certify as complete. it shall be the duty of the appellant to submit a memorandum which shall briefly discuss the errors imputed to the lower court. the Regional Trial Court on appeal shall not dismiss the case . the case shall be remanded for further proceedings. Failure of the appellant to file a memorandum shall be a ground for dismissal of the appeal. Duty of the clerk of court. Procedure in the Regional Trial Court (a) Upon receipt of the complete record or the record on appeal. or the expiration of the period to do so. if it has jurisdiction thereover. the appellee may file his memorandum. the clerk of court of the Regional Trial Court shall notify the parties of such fact. In case of reversal. (n) Section 7.docket and other lawful fees. as the case may be. a copy of which shall be furnished by him to the adverse party. In case of affirmance and the ground of dismissal is lack of jurisdiction over the subject matter. (b) Within fifteen (15) days from such notice. the Regional Trial Court may affirm or reverse it. the clerk of court or the branch clerk of court of the lower court shall transmit the original record or the record on appeal. together with the transcripts and exhibits. — Within fifteen (15) days from the perfection of the appeal. Appeal from orders dismissing case without trial If an appeal is taken from an order of the lower court dismissing the case without a trial on the merits. The Regional Trial Court shall decide the case on the basis of the entire record of the proceedings had in the court of original and such memoranda as are filed. (c) Upon the filing of the memorandum of the appellee. to the proper Regional Trial Court. the Regional Trial Court. If the case was tried on the merits by the lower court without jurisdiction over the subject matter.

Applicability of Rule 41. (e) An order denying a motion to set aside a judgment by consent. (g) A judgment or final order for or against one or more of several parties or in separate claims. No appeal may be taken from: (a) An order denying a motion for new trial or reconsideration. Subject of appeal. (n) RULE 41 Appeal From The Regional Trial Courts Section 1. but shall decide the case in accordance with the preceding section. while the main case is pending. — The other provisions of Rule 41 shall apply to appeals provided for herein insofar as they are not inconsistent with or may serve to supplement the provisions of this Rule. (c) An interlocutory order. unless the court allows an appeal therefrom. — An appeal may be taken from a judgment or final order that completely disposes of the case. (b) An order denying a petition for relief or any similar motion seeking relief from judgment. or of a particular matter therein when declared by these Rules to be appealable. (d) An order disallowing or dismissing an appeal. (f) An order of execution. mistake or duress. (n) Section 9. and (h) An order dismissing an action without prejudice. cross-claims and third-party complaints. counterclaims. confession or compromise on the ground of fraud. or any other ground vitiating consent.if it has original jurisdiction thereof. . without prejudice to the admission of amended pleadings and additional evidence in the interest of justice.

— In all cases where only questions of law are raised or involved. (n) Section 2. No motion for extension of time to file a motion for new trial or reconsideration shall be allowed. Period of ordinary appeal. Appellate court docket and other lawful fees taking an appeal. — (a) Ordinary appeal. (n) Section 3. — The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule 42. (b) Petition for review.In all the above instances where the judgment or final order is not appealable. (c) Appeal by certiorari. (n) Section 4. the record on appeal shall be filed and served in like manner. Where a record on appeal is required. the appellant shall pay to the clerk of the court which rendered the judgment or final order appealed from. Modes of appeal. the appellant shall file a notice of appeal and a record on appeal within thirty (30) days from notice of the judgment or final order. Proof of payment of said fees shall be transmitted to the appellate court together with the original record or the record on appeal. — The appeal shall be taken within fifteen (15) days from notice of the judgment or final order appealed from. (n) . No record on appeal shall be required except in special proceedings and other cases of multiple or separate appeals where law on these Rules so require. In such cases. the aggrieved party may file an appropriate special civil action under Rule 65. — The appeal to the Court of Appeals in cases decided 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 judgment or final order appealed from and serving a copy thereof upon the adverse party. the full amount of the appellate court docket and other lawful fees. The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. the appeal shall be to the Supreme Court by petition for review on certiorari in accordance with the Rule 45.

or if no time is fixed by the order within ten (10) days from receipt thereof. the appellant. or that fixed by the court. — The notice of appeal shall indicate the parties to the appeal. and state the material dates showing the timeliness of the appeal. they may file a joint record on appeal within the time fixed by section 3 of this Rule. in chronological order. a statement to that effect will be sufficient without mentioning the names of the witnesses or the numbers or letters of exhibits. Joint record on appeal. taken upon the issue involved. (7a) Section 8. motions and all interlocutory orders as are related to the appealed judgment or final order for the proper understanding of the issue involved. specify the court to which the appeal is being taken. (8a) . in like manner as the original draft. Approval of record on appeal.Section 5. If an issue of fact is to be raised on appeal. petitions. If the whole testimonial and documentary evidence in the case is to be included. the trial court may approve it as presented or upon its own motion or at the instance of the appellee. — 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. upon notice to the appellee. in their proper chronological sequence. or such extension thereof as may be granted. such additional matters as the court may have directed him to incorporate. the record on appeal shall include by reference all the evidence. Record on appeal. and shall thereupon submit the redrafted record for approval. and the testimonial evidence by the names of the corresponding witnesses. testimonial and documentary. (4a) Section 6. Notice of appeal. together with such data as will show that the appeal was perfected on time. The reference shall specify the documentary evidence by the exhibit numbers or letters by which it was identified when admitted or offered at the hearing. shall redraft the record by including therein. copies of only such pleadings. If the trial court orders the amendment of the record. specify the judgment or final order or part thereof appealed from. Every record on appeal exceeding twenty (20) pages must contain a subject index. — Where both parties are appellants. may direct its amendment by the inclusion of any omitted matters which are deemed essential to the determination of the issue of law or fact involved in the appeal. the parties to the proceedings shall be stated in the caption of the record on appeal and it shall include the judgment or final order from which the appeal is taken and. within the time limited in the order. (6a) Section 7. form and contents thereof.

(b) To verify the completeness of the records that will be. (9a) Section 10. 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 due time. Perfection of appeal. as the case may be aid to make certification of its correctness. to take such measures as may be required to complete the records. and allow withdrawal of the appeal. In appeals by record on appeal. In either case. In appeals by notice of appeal. (c) If found to be incomplete. prior to the transmittal of the original record or the record on appeal. appeal is deemed perfected as to him upon the filing of the notice of appeal in due time. permit appeals of indigent litigants.Section 9. the 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 other parties. availing of the authority that he or the court may exercise for this purpose. transmitted to the appellate court. and . the court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal. the court loses jurisdiction only over the subject matter thereof upon the approval of the records on appeal filed in due time and the expiration of the appeal of the other parties. order execution pending appeal in accordance with 2 of Rule 39. 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. effect thereof. approve compromises. Duty of clerk of court of the lower court upon perfection of appeal Within thirty (30) days after perfection of all the appeals in accordance with the preceding section.

(12a) Section 12. he shall indicate in his letter of transmittal the exhibits or transcripts not included in the records being transmitted to the appellate court. and shall cause the pages to be numbered consecutively. the trial court may on motion dismiss the appeal for having been taken out of time. Transcript. a certified true copy of the minutes of the proceedings. Dismissal of appeal.(d) To transmit the records to the appellate court. (11a) Section 13. — Prior to the transmittal of the original record or the record on appeal to the appellate court. and the original and three (3) copies of the transcripts. Transmittal. the original documentary evidence referred to therein. (14a) RULE 42 Petition for Review From the Regional Trial Courts to the Court of Appeals . the clerk shall immediately 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 record on appeal. — Upon the perfection of the appeal. The stenographers concerned shall transcribe such testimonial evidence and shall prepare and affix to their transcripts an index containing the names of the witnesses and the pages wherein their testimonies are found. — The clerk of the trial court shall transmit to the appellate court the original record or the approved record on appeal within thirty (30) days from the perfection of the appeal. the reasons for their non-transmittal. the order of approval. If the efforts to complete the records fail. The clerk of court shall furnish the parties with copies of his letter of transmittal of the records to the appellate court. The transcripts shall be transmitted to the clerk of the trial court who shall thereupon arrange the same in the order in which the witnesses testified at the trial. Copies of the transcripts and certified true copies of the documentary evidence shall remain in the lower court for the examination of the parties. (10a) Section 11. and a list of the exhibits and the pages wherein each of them appears to have been offered and admitted or rejected by the trial court. the certificate of correctness. and the steps taken or that could be taken to have them available. together with the proof of payment of the appellate court docket and other lawful fees.

and furnishing the Regional Trial Court and the adverse party with a copy of the petition. (c) set forth concisely a statement of the matters involved. the Court of Appeals. the specification of errors of fact or law. and shall (a) state the full names of the parties to the case. or any other tribunal or agency.00 for costs. depositing the amount of P500. the requisite number of plain copies thereof and of the pleadings and other material portions of the record as would support the allegations of the petition. the issues raised. The petitioner shall also submit together with the petition a certification under oath that he has not theretofore commenced any other action involving the same issues in the Supreme Court. time for filing decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction may file a verified petition for review with the Court of Appeals. (b) indicate the specific material dates showing that it was filed on time. he undertakes to promptly inform the aforesaid courts and . with the original copy intended for the court being indicated as such by the petitioner. Form and contents. if there is such other action or proceeding. allegedly committed by the Regional Trial Court.Section 1. and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court. — The petition shall be filed in seven (7) legible copies. and the reasons or arguments relied upon for the allowance of the appeal. (n) Section 2. How appeal taken. he must state the status of the same. paying at the same time to the clerk of said court the corresponding docket and other lawful fees. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days. or any other tribunal or agency. or different divisions thereof. the Court of Appeals or different divisions thereof. The petition shall be filed and served within fifteen (15) days from notice of the decision sought to be reviewed or of the denial of petitioner's motion for new trial or reconsideration filed in due time after judgment. or both. without impleading the lower courts or judges thereof either as petitioners or respondents. (d) be accompanied by clearly legible duplicate originals or true copies of the judgments or final orders of both lower courts. the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. certified correct by the clerk of court of the Regional Trial Court. Upon proper motion and the payment of the full amount of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period.

Action on the petition. — The comment of the respondent shall be filed in seven (7) legible copies. the deposit for costs. Elevation of record. the appeal is deemed perfected as to the petitioner. (n) Section 5. or dismiss the petition if it finds the same to be patently without merit. (n) Section 3. effect thereof. 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. — If upon the filing of the comment or such other pleadings as the court may allow or require. and (c) state the reasons why the petition should not be given due course. not a motion to dismiss. (n) Section 7. Due course. . proof of service of the petition. (a) Section 6. the Court of Appeals finds prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the appealed decision. it may accordingly give due course to the petition. (n) Section 8. A copy thereof shall be served on the petitioner. (b) point out such insufficiencies or inaccuracies as he believes exist in petitioner's statement of matters involved but without repetition. petition for review and the payment of the corresponding docket and other lawful fees. Effect of failure to comply with requirements petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees. and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof. — Whenever the Court of Appeals deems it necessary. accompanied by certified true copies of such material portions of the record referred to therein together with other supporting papers and shall (a) state whether or not he accepts the statement of matters involved in the petition. or that the questions raised therein are too insubstantial to require consideration. — The Court of Appeals may require the respondent to file a comment on the petition. Perfection of appeal. or after the expiration of the period for the filing thereof without such comment or pleading having been submitted. (n) Section 4.other tribunal or agency thereof within five (5) days therefrom. Contents of comment. within ten (10) days from notice. prosecuted manifestly for delay.

judgments. 6657. approve compromises. Central Board of Assessment Appeals. The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum required by these Rules or by the court itself. (9a. Scope. — If the petition is given due course. the appeal shall stay the judgment or final order unless the Court of Appeals. Bureau of Patents. the law. Trademarks and Technology Transfer. and voluntary . Board of Investments. Energy Regulatory Board. National Telecommunications Commission. Agricultural Invention Board. final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions.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 other parties. permit appeals of indigent litigants. Office of the President. Construction Industry Arbitration Commission. Philippine Atomic Energy Commission. order execution pending appeal in accordance with section 2 of Rule 39. Among these agencies are the Civil Service Commission. However. Government Service Insurance System. — This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards. (a) Section 9. Land Registration Authority. the Court of Appeals may set the case for oral argument or require the parties to submit memoranda within a period of fifteen (15) days from notice. before the Court of Appeals gives due course to the petition. Department of Agrarian Reform under Republic Act No. the Regional Trial Court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal. Social Security Commission. or these Rules shall provide otherwise. R41) (b) Except in civil cases decided under the Rule on Summary Procedure. and allow withdrawal of the appeal. National Electrification Administration. Securities and Exchange Commission. Employees Compensation Commission. Civil Aeronautics Board. Insurance Commission. Submission for decision. (n) RULE 43 Appeals From the Court of Tax Appeals and Quasi-Judicial Agencies to the Court of Appeals Section 1.

(n) Section 3. Contents of the petition. without impleading the court or agencies .arbitrators authorized by law. or mixed questions of fact and law. — The petition for review shall (a) state the full names of the parties to the case. — The appeal shall be taken within fifteen (15) days from notice of the award. the petitioner shall pay the docketing and other lawful fees and deposit for costs within fifteen (15) days from notice of the denial. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days. with proof of service of a copy thereof on the adverse party and on the court or agency The original copy of the petition intended for the Court of Appeals shall be indicated as such by the petitioner. the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. final order or resolution. — An appeal under this Rule may be taken to the Court of Appeals within the period and in the manner herein provided. or from the date of its last publication. whether the appeal involves questions of fact. — Appeal shall be taken by filing a verified petition for review in seven (7) legible copies with the Court of Appeals. (n) Section 4. 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. Upon proper motion and the payment of the full amount of the docket fee before the expiration of the reglementary period. How appeal taken. (n) Section 5. of law. 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 motion for reconsideration shall be allowed. Cases not covered.00 for costs. Where to appeal. if publication is required by law for its effectivity. judgment. Period of appeal. (n) Section 6. 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. (n) Section 2. If the Court of Appeals denies the motion. — This Rule shall not apply to judgments or final orders issued under the Labor Code of the Philippines. Upon the filing of the petition.

(c) be accompanied by a clearly legible duplicate original or a certified true copy of the award. — The Court of Appeals may require the respondent to file a comment on the petition not a motion to dismiss. The findings of . (2a) Section 7. otherwise. it may give due course to the petition. and (b) state the reasons why the petition should be denied or dismissed. judgment. or that the questions raised therein are too unsubstantial to require consideration. proof of service of the petition. within ten (10) days from notice. it shall dismiss the same. or dismiss the petition if it finds the same to be patently without merit. final order or resolution appealed from. the deposit for costs. A copy thereof shall be served on the petitioner. and on the records the Court of Appeals finds prima facie that the court or agency concerned has committed errors of fact or law that would warrant reversal or modification of the award. final order or resolution sought to be reviewed. (9a) Section 10. — 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 expiration of the period for the filing thereof. (n) Section 8. and (d) contain a sworn certification against forum shopping as provided in the last paragraph of section 2. together with certified true copies of such material portions of the record referred to therein and other supporting papers. (6a) Section 9. judgment. Contents of comment. Due course. Effect of failure to comply with requirements petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees.either as petitioners or respondents. (b) contain a concise statement of the facts and issues involved and the grounds relied upon for the review. Action on the petition. and proof of such service shall be filed with the Court of Appeals. — 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. The comment shall (a) point out insufficiencies or inaccuracies in petitioner's statement of facts and issues. The petition shall state the specific material dates showing that it was filed within the period fixed herein. Rule 42. and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof. prosecuted manifestly for delay.

the Court of Appeals may set the case for oral argument or require the parties to submit memoranda within a period of fifteen (15) days from notice. notice thereof shall be served immediately on the adverse party and filed with the court. (10a) Section 13. Effect of appeal. but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee. the title of the case shall remain as it was in the court of origin. Order of transmittal of record. the Court of Appeals may require the court or agency concerned to transmit the original or a legible certified true copy of the entire record of the proceeding under review. R46) Section 3. — The appeal shall not stay the award. — The counsel and guardians parties in the court of origin shall be respectively considered as their counsel and guardians ad litem in the Court of Appeals. — Within fifteen (15) days from notice that the petition has been given due course. — If the petition is given due course. final order or resolution sought to be reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just. judgment. When others appear or are appointed. (1a. — In all cases appealed to the Court of Appeals under Rule 41. (2a. shall be binding on the Court of Appeals. — If the original record or the record on . R46) Section 2. (n) Section 11. Counsel and guardians. The Court of Appeals may require or permit subsequent correction of or addition to the record. Submission for decision. when supported by substantial evidence. The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum required by these Rules or by the court of Appeals. Transmittal of record. (8a) Section 12. The record to be transmitted may be abridged by agreement of all parties to the proceeding. Title of cases. (n) Procedure in the Court of Appeals RULE 44 Ordinary Appealed Cases Section 1.fact of the court or agency concerned.

with notice to the other. oral and documentary. R46) . omission or addition in the approved record on appeal shall be a ground for dismissal of the appeal. R46) Within ten (10) days from receipt of said notice.appeal is not transmitted to the Court of Appeals within thirty (30) days after the perfection of the appeal. mimeographed or printed brief. the clerk of court of the Court of Appeals shall docket the case and notify the parties thereof. Any unauthorized alteration. are attached to the record. Appellant's brief. on its own motion or on motion of any of the parties. — Where the record of the docketed case is incomplete. — It shall be the duty of the appellant to file with the court. (n) Section 7. and shall issue an order explaining the reasons for such declaration. with proof of service of two (2) copies thereof upon the appellee. (4a. the appellant. as well as the proof of payment of the docket and other lawful fees. the court. for the transmittal of such record or record on appeal. R46) Section 4. Dispensing with complete record record could not be accomplished within a sufficient period allotted for said purpose due to insuperable or extremely difficult causes. may declare that the record and its accompanying transcripts and exhibits so far available are sufficient to decide the issues raised in the appeal. (10a. (3a. It shall be the duty of said court to take appropriate action towards the completion of the record within the shortest possible time. in appeals by record on appeal. the clerk of court of the Court of Appeals shall so inform said court and recommend to it measures necessary to complete the record. seven (7) copies of his legibly typewritten. Docketing of case. within forty-five (45) days from receipt of the notice of the clerk that all the evidence. (n) Section 5. Completion of record. (n) Section 6. — Upon receiving the original record or the record on appeal and the accompanying documents and exhibits transmitted by the lower court. together with the proof of service of two (2) copies thereof upon the appellee. either party may file a motion with the trial court. shall file with the clerk of court seven (7) clearly legible copies of the approved record on appeal.

Extension of time for filing briefs briefs will not be allowed. When several counsel represent one appellant or appellee. (14a. the following: (a) A subject index of the matter in the brief with a digest of the arguments and page references. — Within twenty (20) days from receipt of the appellee's brief. quo warranto and habeas corpus briefs. R46) Section 10. with proof of service of two (2) copies thereof upon the appellant. in the order herein indicated. (b) An assignment of errors intended to be urged. textbooks and statutes cited with references to the pages where they are cited. Time of filing memoranda in special cases mandamus. — Within forty-five (45) days from receipt of the appellant's brief. 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. except for good and sufficient cause. R46) Section 9. — The appellant's brief shall contain. which errors shall be separately. Several appellants or appellees or several counsel for each party Where there are several appellants or appellees. R46) The failure of the appellant to file his memorandum within the period therefor may be a ground for dismissal of the appeal. distinctly and concisely stated without repetition and numbered . the appellee shall file with the court seven (7) copies of his legibly typewritten. the appellant may file a reply brief answering points in the appellee's brief not covered in his main brief. is already attached to the record.Section 8. Contents of appellant's brief. (12a. (13a. and only if the motion for extension is filed before the expiration of the time sought to be extended. mimeographed or printed brief. Appellee's brief. and a table of cases alphabetically arranged. (11a. R46) Section 12. (15. oral and documentary. R46) Section 13. (n) Section 11. copies of the brief may be served upon any of them. Appellant's reply brief. each counsel representing one or more but not all of them shall be served with only one copy of the briefs.

as an appendix. a copy of the judgment or final order appealed from. (16a. a summary of the proceedings. with page references to the record. (d) Under the heading "Statement of Facts. and (h) In cases not brought up by record on appeal. and a table of cases alphabetically arranged." a specification of the order or judgment which the appellant seeks. Contents of appellee's brief." a clear and concise statement of the nature of the action." the appellee shall state that he accepts the statement of facts in the appellant's brief." a clear and concise statement in a narrative form of the facts admitted by both parties and of those in controversy. (g) Under the heading "Relief. (c) Under the heading "Statement of the Case. together with the substance of the proof relating thereto in sufficient detail to make it clearly intelligible. (e) A clear and concise statement of the issues of fact or law to be submitted. (f) Under the heading "Argument. the appellant's brief shall contain. textbooks and statutes cited with references to the pages where they are cited. (b) Under the heading "Statement of Facts." he shall point out such insufficiencies or . to the court for its judgment. or under the heading "Counter-Statement of Facts." the appellant's arguments on each assignment of error with page references to the record.consecutively. — The appellee's brief shall contain. the appealed rulings and orders of the court. the nature of the judgment and any other matters necessary to an understanding of the nature of the controversy with page references to the record. in the order herein indicated the following: (a) A subject index of the matter in the brief with a digest of the arguments and page references. R46) Section 14. The authorities relied upon shall be cited by the page of the report at which the case begins and the page of the report on which the citation is found.

proof of service of petition has theretofore done so. extension. Time for filing. with full payment of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period. (17a. the petitioner shall pay the corresponding docket and other lawful fees to the clerk of court of the Supreme Court and deposit the amount of P500. R46) RULE 45 Appeal by Certiorari to the Supreme Court Section 1. the Regional Trial Court or other courts whenever authorized by law. Questions that may be raised on appeal appellant has filed a motion for new trial in the court below he may include in his assignment of errors any question of law or fact that has been raised in the court below and which is within the issues framed by the parties. 2a) Section 2.00 for costs at the time of the filing of the petition. 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. but without repetition of matters in the appellant's statement of facts. The petition shall raise only questions of law which must be distinctly set forth. Docket and other lawful fees. (18. or of the denial of the petitioner's motion for new trial or reconsideration filed in due time after notice of the judgment. thereof on the lower court concerned and on the adverse party . — The petition shall be filed within fifteen (15) days from notice of the judgment or final order or resolution appealed from. (1a. (1a. may file with the Supreme Court a verified petition for review on certiorari. the Supreme Court may for justifiable reasons grant an extension of thirty (30) days only within which to file the petition. On motion duly filed and served. 5a) Section 3. Filing of petition with Supreme Court certiorari from a judgment or final order or resolution of the Court of Appeals. the Sandiganbayan. and (c) Under the heading "Argument. Proof of service of a copy. R46) Section 15." the appellee shall set forth his arguments in the case on each assignment of error with page references to the record.inaccuracies as he believes exist in the appellant's statement of facts with references to the pages of the record in support thereof.

shall be submitted together with the petition. (1a) Section 4. Contents of petition. — The petition shall be filed in eighteen (18) copies, with the original copy intended for the court being indicated as such by the petitioner and shall (a) state the full name of the appealing party as the petitioner and the adverse party as respondent, without impleading the lower courts or judges thereof either as petitioners or respondents; (b) indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received, when a motion for new trial or reconsideration, if any, was filed and when notice of the denial thereof was received; (c) set forth concisely a statement of the matters involved, and the reasons or arguments relied on for the allowance of the petition; (d) be accompanied by a clearly legible duplicate original, or a certified true copy of the judgment or final order or resolution certified by the clerk of court of the court number of plain copies thereof, and such material portions of the record as would support the petition; and (e) contain a sworn certification against forum shopping as provided in the last paragraph of section 2, Rule 42. (2a) Section 5. Dismissal or denial of petition. — The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees, deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof. The Supreme Court may on its own initiative deny the petition on the ground that the appeal is without merit, or is prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration. (3a) Section 6. Review discretionary. — A review is not a matter of right, but of sound judicial discretion, and will be granted only when there are special and important reasons thereof. The following, while neither controlling nor fully measuring the court's discretion, indicate the character of the reasons which will be considered: (a) When the court a quo has decided a question of substance, not theretofore determined by the Supreme Court, or has decided it in a way probably not in accord with law or with the applicable decisions of the Supreme Court; or

(b) When the court a quo has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such departure by a lower court, as to call for an exercise of the power of supervision. (4a) Section 7. Pleadings and documents that may be required purposes of determining whether the petition should be dismissed or denied pursuant to section 5 of this Rule, or where the petition is given due course under section 8 hereof, the Supreme Court may require or allow the filing of such pleadings, briefs, memoranda or documents as it may deem necessary within such periods and under such conditions as it may consider appropriate, and impose the corresponding sanctions in case of non-filing or unauthorized filing of such pleadings and documents or non-compliance with the conditions therefor. (n) Section 8. Due course; elevation of records the Supreme Court may require the elevation of the complete record of the case or specified parts thereof within fifteen (15) days from notice. (2a) Section 9. Rule applicable to both civil and criminal cases prescribed in this Rule shall be applicable to both civil and criminal cases, except in criminal cases where the penalty imposed is death, imprisonment. (n) RULE 46 Original Cases Section 1. Title of cases. — In all cases originally filed in the Court of Appeals, the party instituting the action shall be called the petitioner and the opposing party the respondent. (1a) Section 2. To what actions applicable. — This Rule shall apply to original actions for certiorari, prohibition, mandamus and Except as otherwise provided, the actions for annulment of judgment shall be governed by Rule 47, for certiorari, prohibition and mandamus by Rule 65, and for quo warranto by Rule 66. (n) Section 3. Contents and filing of petition; effect of noncompliance with requirements. — The petition shall contain the full names and actual addresses of

requirements. — The petition shall contain the full names and actual addresses of all the petitioners and respondents, a concise statement of the matters involved, the factual background of the case, and the grounds relied upon for the relief prayed for. In actions filed under Rule 65, the petition shall further indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received, when a motion for new trial or reconsideration, if any, was filed and when notice of the denial thereof was received. It shall be filed in seven (7) clearly legible copies together with proof of service thereof on the respondent with the original copy intended for the court indicated as such by the petitioner, and shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment, order, resolution, or ruling subject thereof, such material portions of the record as are referred to therein, and other documents relevant or pertinent thereto. The certification shall be accomplished by the proper clerk of court or by his duly authorized representative, or by the proper officer of the court, tribunal, agency or office involved or by his duly authorized representative. The other requisite number of copies of the petition shall be accompanied by clearly legible plain copies of all documents attached to the original. The petitioner shall also submit together with the petition a sworn certification that he has not theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same; and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom. The petitioner shall pay the corresponding docket and other lawful fees to the clerk of court and deposit the amount of P500.00 for costs at the time of the filing of the petition. The failure of the petitioner to comply any of the requirements shall be sufficient ground for the dismissal of the petition. (n; Bar Matter No. 803, 21 July 1998)

Section 4. Jurisdiction over person of respondent acquire jurisdiction over the person of the respondent by the service on him of its order or resolution indicating its initial action on the petition or by his voluntary submission to such jurisdiction. (n) Section 5. Action by the court. — The court may dismiss the petition outright with specific reasons for such dismissal or require the respondent to file a comment on the same within ten (10) days from notice. Only pleadings required by the court shall be allowed. All other pleadings and papers, may be filed only with leave of court. (n) Section 6. Determination of factual issues. — Whenever necessary to resolve factual issues, the court itself may conduct hearings thereon or delegate the reception of the evidence on such issue to any of its members or to an appropriate court, agency or office. (n) Section 7. Effect of failure to file comment. — When no comment is filed by any of the respondents, the case may be decided on the basis of the record, without prejudice to any disciplinary action which the court may take against the disobedient party. (n) RULE 47 Annulment of Judgments of Final Orders and Resolutions Section 1. Coverage. — 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, appeal, petition for relief or other appropriate remedies are no longer available through no fault of the petitioner. (n) Section 2. Grounds for annulment. — The annulment may be based only on the grounds of extrinsic fraud and lack of jurisdiction. Extrinsic fraud shall not be a valid ground if it was availed of, or could have been availed of, in a motion for new trial or petition for relief. (n) Section 3. Period for filing action. — If based on extrinsic fraud, the action must

Action by the court. — Should the court find no substantial merit in the petition. the reception of the evidence may be referred to a member of the court or a judge of a Regional Trial Court. The petition shall be filed in seven (7) clearly legible copies. (n) Section 5. (n) Section 6. Effect of judgment. Should trial be necessary. A certified true copy of the judgment or final order or resolution shall be attached to the original copy of the petition intended for the court and indicated as such by the petitioner. — The procedure in ordinary civil cases shall be observed. — The action shall be commenced by filing a verified petition alleging therein with particularity the facts and the law relied upon for annulment. Should prima facie merit be found in the petition. the Court of Appeals. before it is barred by laches or estoppel. the Court of Appeals or different divisions thereof. Filing and contents of petition. or any other tribunal or agency. (n) Section 7. and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court. the same shall be given due course and summons shall be served on the respondent. as the case may be. — A judgment of annulment shall set aside the questioned judgment or final order or resolution and render the same null and . together with sufficient copies corresponding to the number of respondents. or different divisions thereof. and if based on lack of jurisdiction. the same may be dismissed outright with specific reasons for such dismissal. he must state the status of the same. as well as those supporting the petitioner's good and substantial cause of action or defense. he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom. The petitioner shall also submit together with the petition affidavits of witnesses or documents supporting the cause of action or defense and a sworn certification that he has not theretofore commenced any other action involving the same issues in the Supreme Court. (n) Section 4.be filed within four (4) years from its discovery. or any other tribunal or agency if there is such other action or proceeding. Procedure.

the prescriptive period shall not be suspended where the extrinsicfraud is attributable to the plaintiff in the original action. where the judgment or final order or resolution is set aside on the ground of extrinsic fraud. 8 and 9 of this Rule shall be applicable thereto. 3. Relief available. attorney's fees and other relief. However. — The judgment of annulment may include the award of damages. (a) To consider the possibility of an amicable settlement. (n) Section 9. 7. the court may on motion order the trial court to try the case as if a timely motion for new trial had been granted therein. or those within its appellate jurisdiction where a . without prejudice to the original action being refiled in the proper court. — The prescriptive period for the refiling of the aforesaid original action shall be deemed suspended from the filing of such original action until the finality of the judgment of annulment. (c) To formulate stipulations of facts and admissions of documentary exhibits. Annulment of judgments or final orders of Municipal Trial Courts An action to annul a judgment or final order of a Municipal Trial Court shall be filed in the Regional Trial Court having jurisdiction over the former. (n) RULE 48 Preliminary Conference Section 1. (n) Section 8. — At any time during the pendency of a case. 4. (n) Section 10. except when the case is not allowed by law to be compromised (b) To define. It shall be treated as an ordinary civil action and sections 2. the court may call the parties and their counsel to a preliminary conference. limit the number of witnesses to be presented in cases falling within the original jurisdiction of the court. Suspension prescriptive period. simplify and clarify the issues for determination.void. However. If the questioned judgment or final order or resolution had already been executed the court may issue such orders of restitution or other relief as justice and equity may warrant under the circumstances. Preliminary conference.

When allowed. the court may hear the parties in oral argument on the merits of a case. within five (5) days from notice thereof. The duration allowed for each party. Conduct of oral argument. No hearing or oral argument for motions hearing and. and (d) To take up such other matters which may aid the court in the prompt disposition of the case. (n) Section 3. — The proceedings at such conference shall be recorded and. any party shall satisfactorily show valid cause why the same should not be followed. the stipulations and admissions made and the issues defined. (n) The oral argument shall be limited to such matters as the court may specify in its order or resolution. only one counsel may argue for a party. or on any material incident in connection therewith. The adverse party may file objections to the motion within five (5) days from service. no hearing or oral argument shall be allowed in support thereof. Binding effect of the results of the conference modifications which may be made to prevent manifest injustice. upon the conclusion thereof. (n) Section 3. a resolution shall be issued embodying all the actions taken therein. the sequence of the argumentation. Record of the conference. the resolution in the preceding section shall control the subsequent proceedings in the case unless. (n) RULE 49 Oral Argument Section 1. and all other related matters shall be as directed by the court. R49) RULE 50 Dismissal of Appeal . (29. — Unless authorized by the court. (1a. — At its own instance or upon motion of a party. unless the court otherwise directs.motion for new trial is granted on the ground of newly discovered evidence. CA Internal Rules) (n) Section 2. upon the expiration of which such motion shall be deemed submitted for resolution. R48) Section 2. (Rule 7.

Similarly. (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.Section 1. Grounds for dismissal of appeal Court of Appeals. omissions or additions in the approved record on appeal as provided in section 4 of Rule 44. circulars. (b) Failure to file the notice of appeal or the record on appeal within the period prescribed by these Rules. (d) and (f) of Rule 44. on the following grounds: (a) Failure of the record on appeal to show on its face that the appeal was taken within the period fixed by these Rules. and (i) The fact that the order or judgment appealed from is not appealable. (h) Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply with orders. 17 February 1998) (d) Unauthorized alterations. (f) Absence of specific assignment of errors in the appellant's brief. issues purely of law not being reviewable by said court. (c). (Bar Matter No. on its own motion or on that of the appellee. paragraphs (a). Rule 40 and section 4 of Rule 41. (c) Failure of the appellant to pay the docket and other lawful fees as provided in section 5. Dismissal of improper appeal to the Court of Appeals under Rule 41 taken from the Regional Trial Court to the Court of Appeals raising only questions of law shall be dismissed. or of page references to the record as required in section 13. an appeal by notice of appeal instead of by . (g) Failure of the appellant to take the necessary steps for the correction or completion of the record within the time limited by the court in its order. or directives of the court without justifiable cause. (1a) Section 2. 803.

or the expiration of the period for its filing. (4a) RULE 51 Judgment Section 1. — An appeal may be withdrawn as of right at any time before the filing of the appellee's brief. When case deemed submitted for judgment submitted for judgment: A. (n) An appeal erroneously taken to the Court of Appeals shall not be transferred to the appropriate court but shall be dismissed outright.petition for review from the appellate judgment of a Regional Trial Court shall be dismissed. or memorandum required by the Rules or by the court itself. (3a) Section 3. 2) Where such a hearing is held. — 1) Where no hearing on the merits of the main case is held. By whom rendered. upon the filing of the last pleading. (n) Section 2. or the expiration of the period for its filing. — The judgment shall be rendered by the members . or the expiration of the period for its filing. upon the expiration of the period to comment. — 1) Where no comment is filed. or the expiration of the period for its filing. brief. B. upon the filing of the last pleading required or permitted to be filed by the court. the withdrawal may be allowed in the discretion of the court. 2) Where no hearing is held. upon its termination or upon the filing of the last pleading or memorandum as may be required or permitted to be filed by the court. upon its termination or upon the filing of the last pleading or memorandum as may be required or permitted to be filed by the court. Withdrawal of appeal. In ordinary appeals. Thereafter. In original actions and petitions for review. 3) Where a hearing on the merits of the main case is held.

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 shall be required for the pronouncement of a judgment or final resolution. reverse. BP Blg. as if separate actions had been begun and prosecuted. order. The court at every stage of the proceeding must disregard any error or defect which does not affect the substantial rights of the parties. If the three justices do not reach a unanimous vote. 129) (n) Section 6. (3a) Section 5. an appealed judgment may be affirmed as to some of the appellants. or otherwise disturbing a judgment or order. so far as necessary. Quorum and voting in the court. — Every decision or final resolution of the court in appealed cases shall clearly and distinctly state the findings of fact and the conclusions of law on which it is based. (5a) Section 7.of the court who participated in the deliberation on the merits of the case before its assignment to a member for the writing of the decision. or adopted from those set forth in the decision. (Sec. to the Presiding Justice who shall designate two Justices chosen by raffle from among all the other members of the court to sit temporarily with them. 40. the clerk shall enter the votes of the dissenting Justices in the record. Disposition of a case. and the case shall thereafter be proceeded with. (2a) Section 4. together with the minutes of the deliberation. Judgment where there are several parties proceedings. . forming a special division of five Justices. or resolution appealed from. and reversed as to others. Harmless error. unless refusal to take such action appears to the court inconsistent with substantial justice. Thereafter. — The Court of Appeals. and may direct a new trial or further proceedings to be had. which may be contained in the decision or final resolution itself. Form of decision. or modify the judgment or final order appealed from. in the exercise of its appellate jurisdiction. the Chairman of the division shall refer the case. (n) Section 3. — 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 resolution. may affirm. — No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the trial court or by any of the parties is ground for granting a new trial or for setting aside. modifying.

or closely related to or dependent on an assigned error and properly argued in the brief. and costs may be adjudged in such cases. save as the court may pass upon plain errors and clerical errors. In original actions in the Court of Appeals. 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 the record on appeal. (7a) Section 9. The date when the judgment or final resolution becomes executory shall be deemed as the date of its entry. The record shall contain the dispositive part of the judgment or final resolution and shall be signed by the clerk. the resolution granting such motion shall be transmitted to the lower court from which the case originated. — No error which does not affect the jurisdiction over the subject matter or the validity of the judgment appealed from or the proceedings therein will be considered unless stated in the assignment of errors. Execution of judgment. or a portion thereof. are signed by the Justices taking part. Entry of judgments and final resolutions new trial or reconsideration is filed within the time provided in these Rules. Promulgation and notice of judgment resolution and dissenting or separate opinions. they shall be delivered for filing to the clerk who shall indicate thereon the date of promulgation and cause true copies thereof to be served upon the parties or their counsel. with a certificate that such judgment or final resolution has become final and executory. Questions that may be decided. the motion for its execution may only be filed in the proper court after its entry.and execution of the judgment of affirmance may be had accordingly. as the court shall deem proper. In appealed cases. together with a certified true copy of the judgment or final order to be executed. the judgment or final resolution shall forthwith be entered by the clerk in the book of entries of judgments. with a directive for such . (2a. if any. — Except where the judgment or final order or resolution. (n) Section 10. its writ of execution shall be accompanied by a certified true copy of the entry of judgment or final resolution and addressed to any appropriate officer for its enforcement. (6) Section 8. is ordered to be immediately executory. R36) Section 11.

with proof of service on the adverse party. Stay of execution. — A party may file a motion for reconsideration of a judgment or final resolution within fifteen (15) days from notice thereof. (n) Section 2. either orally in court. Hearing and order. Period for filing. or may make such order. The motion shall be accompanied by affidavits showing the facts constituting the grounds therefor and the newly discovered evidence. and may grant or refuse a new trial. (n) Section 4. Second motion for reconsideration reconsideration of a judgment or final resolution by the same party shall be entertained. or by depositions. Period for filing. (2a) . a motion for reconsideration shall be resolved within ninety (90) days from the date when the court declares it submitted for resolution. or render such other judgment as ought to be rendered upon such terms as it may deem just. (1a) Section 2.court of origin to issue the proper writ for its enforcement. — At any time after the appeal from the lower court has been perfected and before the Court of Appeals loses jurisdiction over the case. (n) RULE 52 Motion for Reconsideration Section 1. — The Court of Appeals shall consider the new evidence together with that adduced at the trial below. ground. — In the Court of Appeals. with notice to both parties. for good reasons. as to the taking of further testimony. a party may file a motion for a new trial on the ground of newly discovered evidence which could not have been discovered prior to the trial in the court below by the exercise of due diligence and which is of such a character as would probably change the result. (n) Section 3. Resolution of motion. — The pendency of a motion for reconsideration filed on time and by the proper party shall stay the execution of the judgment or final resolution sought to be reconsidered unless the court. shall otherwise direct. (n) RULE 53 New Trial Section 1.

Resolution of motion. of BP Blg. — In the Court of Appeals. as amended by Sec. 129. (Sec. (3a) RULE 55 Publications of Judgments and Final Resolutions Section 1. Publication. Procedure in new trial. which shall be reached in consultation before the writing of the opinion by any member of the division. Quorum of the court. The Court of Appeals. first par. The affirmative votes of three members of a division shall be necessary for the pronouncement of a judgment or final resolution. 6 of EO 33). the constitution of such divisions. — A majority of the actual members of the court shall constitute a quorum for its sessions en banc constitute a quorum for the sessions of a division. The affirmative votes of the majority of the members present shall be necessary to pass a resolution of the court en banc. sitting en banc to govern the allotment of cases among the different divisions. together with the syllabi therefor prepared by the reporter in consultation with the . — The judgments and final resolutions of the court shall be published in the Official Gazette and in the Reports officially authorized by the court in the language in which they have been originally written. and other matters relating to the business of the court. Distribution of cases among divisions Appeals shall be allotted among the different divisions thereof for hearing and decision. 11.Section 3. and such rules shall continue in force until repealed or altered by the Supreme Court. the procedure in the new trial shall be the same as that granted by a Regional Trial Court. — Unless the court otherwise directs. the regular rotation of Justices among them. (3a) RULE 54 Internal Business Section 1. a motion for new trial shall be resolved within ninety (90) days from the date when the court declares it submitted for resolution. (1a) Section 2. (n) Section 4. the filing of vacancies occurring therein.

Original Cases Section 1.A. the names of counsel. — The published decisions and final resolutions of the Supreme Court shall be called "Philippine Reports. quo warranto and with the applicable provisions of the Constitution. quo warranto. and Rules 46. (Sec. disciplinary proceedings against members of the judiciary and attorneys.A. — Only petitions for mandamus. and cases affecting ambassadors. No. habeas corpus. Original cases cognizable.writers thereof. the authorities cited therein. laws. Rules applicable. No. — The procedure in original cases for prohibition." while those of the Court of Appeals shall be known as the "Court of Appeals Reports. 52 and this Rule. mandamus. Preparation of opinions for publication and publish with each reported judgment and final resolution a concise synopsis of the facts necessary for a clear understanding of the case. 23a. (n) Section 2. R. It shall consist of not less than seven hundred pages printed upon good paper. with a complete alphabetical index of the subject matters of the volume. 22a." Each volume thereof shall contain a table of the cases reported and the cases cited in the opinions. R. and a syllabus which shall be confined to points of law. subject to the following provisions: a) All references in said Rules to the Court of Appeals shall be understood to also apply to the Supreme Court. (1a) Section 2. other public ministers and consuls may be filed originally in the Supreme Court. well bound and numbered consecutively in the order of the volumes published. General make-up of volumes. b) The portions of said Rules dealing strictly with and specifically intended for . (Sec. the material and controverted points involved. 48. 296) (n) Procedure In The Supreme Court RULE 56 A. 296) (n) Section 3. Memoranda of all other judgments and final resolutions not so published shall be made by the reporter and published in the Official Gazette and the authorized reports. 51. 49.

The proceedings for disciplinary action against members of the judiciary shall be governed by the laws and Rules prescribed therefor. (n) B. (f) Error in the choice or mode of appeal. except in criminal cases where the penalty imposed is death. (n) . Appealed Cases Section 3. — An appeal to the Supreme Court may be taken only by a petition for review on certiorari. sections 1. (c) Failure to pay the requisite docket fee and other lawful fees or to make a deposit for costs. as amended. (e) Failure to comply with any circular. Grounds for dismissal of appeal proprio or on motion of the respondent on the following grounds: (a) Failure to take the appeal within the reglementary period. Procedure. laws. (n) Section 5. and 5 to 11 of Rule 51. Mode of appeal.appealed cases in the Court of Appeals shall not be applicable. reclusion perpetua or life imprisonment. Rules 45. and (g) The fact that the case is not appealable to the Supreme Court. (d) Failure to comply with the requirements regarding proof of service and contents of and the documents which should accompany the petition. 2. and c) Eighteen (18) clearly legible copies of the petition shall be filed. (b) Lack of merit in the petition. directive or order of the Supreme Court without justifiable cause. (n) Section 4. and those against attorneys by Rules 139-B. together with proof of service on all adverse parties. 48. — The appeal shall be governed by and disposed of in accordance with the applicable provisions of the Constitution. 52 and this Rule.

delict or quasi-delict against a party who is about to depart from the Philippines with intent to defraud his creditors. reclusion perpetua or life imprisonment. or the necessary majority cannot be had. or an attorney. Procedure if opinion is equally divided equally divided in opinion. in appealed cases. Grounds upon which attachment may issue the action or at any time before entry of judgment. quasi-contract. agent. the original action commenced in the court shall be dismissed. The determination of the Supreme Court on whether or not issues of fact are involved shall be final. or for a willful violation of duty. or clerk. the judgment or order appealed from shall stand affirmed. on a cause of action arising from law. or an officer of a corporation. in the course of his employment as such. — Except as provided in section 3. Provisional Remedies RULE 57 Preliminary Attachment Section 1. . and if after such deliberation no decision is reached. a plaintiff or any proper party may have the property of the adverse party attached as security for the satisfaction of any judgment that may be recovered in the following cases: (a) In an action for the recovery of a specified amount of money or damages. the petition or motion shall be denied. other than moral and exemplary. factor. or by any other person in a fiduciary capacity. the case shall again be deliberated on. and on all incidental matters. Rule 122 regarding appeals in criminal cases where the penalty imposed is death. Disposition of improper appeal.Section 6. (n) Section 7. 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. contract. an appeal taken to the Supreme Court by notice of appeal shall be dismissed. (b) In an action for money or property embezzled or fraudulently misapplied or converted to his own use by a public officer. broker.

or in the performance thereof. (3a) Section 4. or disposed of to prevent its being found or taken by the applicant or an authorized person. Several writs may be issued at the same time to the sheriffs of the courts of different judicial regions. or any part thereof. is as much as the sum for which the order is granted above all legal counterclaims. that the case is one of those mentioned in section 1 hereof. (1a) Section 2. unless such party makes deposit or gives a bond as hereinafter provided in an amount equal to that fixed in the order. or of some other person who personally knows the facts. or by the Court of Appeals or the Supreme Court. — An order of attachment shall be granted only when it appears by the affidavit of the applicant. and the bond required by the next succeeding section.(c) In an action to recover the possession of property unjustly or fraudulently taken. Issuance and contents of order. which may be the amount sufficient to satisfy the applicant's demand or the value of the property to be attached as stated by the applicant. has been concealed. must be duly filed with the court before the order issues. with intent to defraud his creditors. and that the amount due to the applicant. exclusive of costs. not exempt from execution. when the property. The affidavit. that there is no other sufficient security for the claim sought to be enforced by the action. removed. that a sufficient cause of action exists. — An order of attachment may be issued either ex parte or upon motion with notice and hearing by the court in which the action is pending. or (f) In an action against a party who does not reside and is not found in the Philippines. and must require the sheriff of the court to attach so much of the property in the Philippines of the party against whom it is issued. (2a) Section 3. or is about to do so. or on whom summons may be served by publication. (e) In an action against a party who has removed or disposed of his property. — The party applying for the order must . detained or converted. as may be sufficient to satisfy the applicant's demand. Affidavit and bond required. Condition of applicant's bond. (d) In an action against a party who has been guilty of a fraud in contracting the debt or incurring the obligation upon which the action is brought. or the value of the property the possession of which he is entitled to recover.

not exempt from execution. Sheriff's return. if the court shall finally adjudge that the applicant was not entitled thereto. or gives a counter-bond executed to the applicant. No levy on attachment pursuant to the writ issued under section 2 hereof shall be enforced unless it is preceded. or any interest therein. standing . (4a) Section 5. — After enforcing the writ. the sheriff must likewise without delay make a return thereon to the court from which the writ issued. by service of summons. in an amount equal to the bond fixed by the court in the order of attachment or to the value of the property to be attached. or the defendant is a non-resident of the Philippines. or growing crops thereon. on the defendant within the Philippines. Manner of attaching property. (6a) Section 7. or the defendant is a resident of the Philippines temporarily absent therefrom. the application for attachment the applicant's affidavit and bond. as may be sufficient to satisfy the applicant's demand. or the action is one in rem or Section 6. with a full statement of his proceedings under the writ and a complete inventory of the property attached. only so much of the property in the Philippines of the party against whom the writ is issued. Attachment of real and personal property personal property shall be attached by the sheriff executing the writ in the following manner: (a) Real property. exclusive of costs.thereafter give a bond executed to the adverse party in the amount fixed by the court in its order granting the issuance of the writ. to await judgment and execution in the action. or contemporaneously accompanied. together with any counter-bond given by the party against whom attachment is issued. The requirement of prior or contemporaneous service of summons shall not apply where the summons could not be served personally or by substituted service despite diligent efforts. and the order and writ of attachment. — The sheriff enforcing the writ shall without delay and with all reasonable diligence attach. together with a copy of the complaint. unless the former makes a deposit with the court from which the writ is issued. and serve copies thereof on the applicant. conditioned that the latter will pay all the costs which may be adjudged to the adverse party and all damages which he may sustain by reason of the attachment.

. the volume and page in the registration book where the certificate is registered. and notice with the occupant of the property.upon the record of the registry of deeds of the province in the name of the party against whom attachment is issued. belonging to said party. by leaving with the person owing such debts. and the registered owner or owners thereof. financial interest. commissions and other personal property not capable of manual delivery. or that such real property and any interest therein held by or standing in the name of such other person are attached. or the person by whom the property is held or in whose name it stands in the records. or under his control. and by leaving a copy of such order. together with a description of the property attached. and notice that the debts owing by him to the party against whom attachment is issued. such credits or other personal property. Where the property has been brought under the operation of either the Land Registration Act or the Property Registration Decree. or with such other person or his agent if found within the province. a description sufficiently accurate for the identification of the land or interest to be affected shall be included in the registration of such attachment. and a notice stating that the stock or interest of the party against whom the attachment is issued is attached in pursuance of such writ. or having in his possession or under his control. a copy of the writ. of any corporation or company. by filing with the registry of deeds a copy of the order. (d) Debts and credits. a copy of the writ. or with his agent. including bank deposits. If the attachment is not claimed on the entire area of the land covered by the certificate of title. and the credits and other personal property in his possession. if any. (c) Stocks or shares. after issuing the corresponding receipt therefor. or not appearing at all upon such records. by taking and safely keeping it in his custody. or standing on the records of the registry of deeds in the name of any other person. or belonging to the party against whom attachment is issued and held by any other person. or an interest in stocks or shares. the adverse party. are attached in pursuance of such writ. (b) Personal property capable of manual delivery. the notice shall contain a reference to the number of the certificate of title. royalties. description. by leaving with the president or managing agent thereof. and a notice that it is attached. The registrar of deeds must index attachments filed under this section in the names of the applicant.

legatee. or devisee. distribution may be awarded to such heir. subject to the claim of such heir. legatee. (9a) Section 10. to the clerk. sheriff.(e) The interest of the party against whom attachment is issued in property belonging to the estate of the decedent. legatee. — The attachment of the interest of an heir. by serving the executor or administrator or other personal representative of the decedent with a copy of the writ and notice that said interest is attached. or other personal representative of the decedent over such property for the purpose of administration. legatee or devisee concerned. legatee or devisee. unless such property is delivered or transferred. — All persons having in their possession or under their control any credits or other similar personal property belonging to the party against whom attachment is issued. but the property attached shall be ordered delivered to the sheriff making the levy. credits and all other similar personal property. shall report the attachment to the court when any petition for distribution is filed. however. Effect of attachment of debts. debts or other similar personal property. at the time of service upon them of the copy of the writ of attachment and notice as provided in the last preceding section. or other proper officer of the court issuing the attachment. Such personal representative. or any person claiming under him. A copy of said writ of attachment and of said notice shall also be filed in the office of the clerk of the court in which said estate is being settled and served upon the heir. Examination of party whose property is attached and persons indebted to him or controlling his property. until the attachment is discharged. whether as heir. or devisee. administrator. or owing any debts to him. delivery of property to sheriff. and notice of the attachment served upon the custodian of such property. (7a) Section 8. shall be liable to the applicant for the amount of such credits. owing debts to the party whose property is attached or having in his possession . (8a) Section 9. Effect of attachment of interests in property belonging to the estate of a decedent. or such debts are paid. and in the order made upon such petition. or devisee in the property belonging to the estate of a decedent shall not impair the powers of the executor. or any judgment recovered by him is satisfied. If the property sought to be attached is in attachment shall be filed with the proper court or quasi-judicial agency.

or the proceeds of any sale thereof. in the possession of the person so required to attend before the court. In either case. or to the person appearing on his behalf. order the discharge of the attachment if the movant makes a cash deposit. The court shall. and the party furnishing the same fail to file an additional counter- . or that the interests of all the parties to the action will be subserved by the sale thereof. The court may. Discharge of attachment upon giving counter-bond attachment has been enforced. and be examined on oath respecting the same. the party whose property has been attached. upon hearing with notice to both parties. to await the judgment in the action. or before a commissioner appointed by the court. or the person appearing on his behalf. to be delivered to the clerk of the court or sheriff on such terms as may be just. When attached property may be sold after levy on attachment and before entry of judgment. may be required to attend before the court in which the action is pending. A notice of the deposit shall forthwith be served on the attaching party. shall be delivered to the party making the deposit or giving the counter-bond. after due notice and hearing. Upon the discharge of an attachment in accordance with the provisions of this section. the cash deposit or the counter-bond shall secure the payment of any judgment that the attaching party may recover in the action. may move for the discharge of the attachment wholly or in part on the security given.or under his control any credit or other personal property belonging to such party. or files a counter-bond executed to the attaching party with the clerk of the court where the application is made. the property attached. having reference to any lien thereon or claim against the same. exclusive of costs. But if the attachment is sought to be discharged with respect to a particular property. The party whose property is attached may also be required to attend for the purpose of giving information respecting his property. in an amount equal to that fixed by the court in the order of attachment. and may be examined on oath. the deposit or counter-bond aforesaid standing in place of the property so released. after such examination. order personal property capable of manual delivery belonging to him. (11a) Section 12. the counterbond shall be equal to the value of that property as determined by the court. — Whenever it shall be made to appear to the court in which the action is pending. that the property attached is perishable. and the proceeds of such sale to be deposited in court to abide the judgment in the action. (10a) Section 11. the court may order such property to be sold at public auction in such manner as it may direct. Should such counter-bond for any reason be found to be or become insufficient.

the court shall order the setting aside or the corresponding discharge of the attachment if it appears that it was improperly or irregularly issued or enforced. unless the attaching party or his agent.bond. the sheriff shall not be bound to keep the property under attachment. shall file a bond approved by the court to indemnify the third-party claimant in a sum not less than the value of the property levied upon. and such person makes an affidavit of his title thereto. If the attachment is excessive. Nothing herein contained shall prevent such claimant or any third person from vindicating his claim to the property. No claim for damages for the taking or keeping of the 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. Proceedings where property claimed by third person attached is claimed by any person other than the party against whom attachment had been issued or his agent. stating the grounds of such right or title. the attaching party may apply for a new order of attachment. and the defect is not cured forthwith. Discharge of attachment on other grounds property has been ordered attached may file a motion with the court in which he action is pending. for an order to set aside or discharge the attachment on the ground that the same was improperly or irregularly issued or enforced. the discharge shall be limited to the excess. or prevent the attaching party from claiming damages against a third-party claimant who filed a frivolous or plainly spurious claim. When the writ of attachment is issued in favor of the Republic of the Philippines. the same shall be decided by the court issuing the writ of attachment. if such bond shall be filed. . on demand of the sheriff. (13a) Section 14. or right to the possession thereof. (12a) Section 13. In case of disagreement as to such value. or that the bond is insufficient. If the motion be made on affidavits on the part of the movant but not otherwise. The sheriff shall not be liable for damages for the taking or keeping of such property to any such third-party claimant. the attaching party may oppose the motion by counter-affidavits or other evidence in addition to that on which the attachment was made. After due notice and hearing. in the same or a separate action. or that the bond is insufficient. or that the attachment is excessive. and a copy thereof upon the attaching party. before or after levy or even after the release of the attached property. and serves such affidavit upon the sheriff while the latter has possession of the attached property.

by selling so much of the property. — If after realizing upon all the property attached. or so much as shall be necessary to satisfy the judgment. real or personal. the filing of such bond shall not be required. the sheriff may cause the judgment to be satisfied out of the property attached. and paying the proceeds of such collection over to the judgment obligee. (c) By collecting from all persons having in their possession credits belonging to the judgment obligor. the sheriff must proceed to collect such balance as upon ordinary execution. the actual damages adjudged by the court shall be paid by the National Treasurer out of the funds to be appropriated for the purpose. (14a) Section 15. or owing debts to the latter at the time of the attachment of such credits or debts. as may be necessary to satisfy the balance. (15a) Section 16. (b) If any balance remains due. The sheriff shall forthwith make a return in writing to the court of his proceedings under this section and furnish the parties with copies thereof. Whenever the judgment shall have been paid. or in those the clerk of the court. and applying the proceeds to the satisfaction of the judgment less the expenses of proceedings upon the judgment any balance shall remain due. he shall be represented by the Solicitor General. including the proceeds of any debts or credits collected. (16a) . and if held liable therefor. and stated in the judgment. Satisfaction of judgment out of property attached judgment be recovered by the attaching party and execution issue thereon. and in case the sheriff is sued for damages as a result of the attachment. and any proceeds of the sale of the property attached not applied to the judgment. if enough for that purpose remain in the sheriff's hands. Balance due collected upon an execution obligor. must return to the judgment obligor the attached property remaining in his hands. if it be sufficient for that purpose in the following manner: (a) By paying to the judgment obligee the proceeds of all sales of perishable or other property sold in pursuance of the order of the court. the amount of such credits and debts as determined by the court in the action. the sheriff.or any officer duly representing it. upon reasonable demand.

and after satisfying the judgment the balance shall be refunded to the depositor or his assignee. with notice to the party in whose favor the attachment was issued or his surety or sureties. under the order of attachment. the surety or sureties on any counter-bond given pursuant to the provisions of this Rule to secure the payment of the judgment shall become charged on such counter-bond and bound to pay the judgment obligee upon demand the amount due under the judgment. If the judgment is in favor of the party against whom attachment was issued. shall be delivered to the party against whom attachment was issued. the whole sum deposited must be refunded to him or his assignee. before the judgment of the appellate court becomes executory. (17a) Section 18. and the order of attachment discharged. (19a) Section 20. and all property attached remaining in any such officer's hands. Disposition of money deposited attachment had been issued has deposited money instead of giving counterbond. it shall be applied under the direction of the court to the satisfaction of any judgment rendered in favor of the attaching party. all the proceeds of sales and money collected or received by the sheriff.Section 17. Disposition of attached property where judgment is for party against whom attachment was issued. Recovery upon the counter-bond executory. (18a) Section 19. — If judgment be rendered against the attaching party. The appellate court may allow the application to be heard and decided by the trial court. . with due notice to the attaching party and his surety or sureties setting forth the facts showing his right to damages and the amount thereof. Such damages may be awarded only after proper hearing and shall be included in the judgment on the main case. irregular or excessive attachment must be filed before the trial or before appeal is perfected or before the judgment becomes executory. Claim for damages on account of improper attachment. which amount may be recovered from such surety or sureties after notice and summary hearing in the same action. If the judgment of the appellate court be favorable to the party against whom the attachment was issued he must claim damages sustained during the pendency of the appeal by filing an application in the appellate court. — An application for damages on account of improper.

Preliminary injunction defined. or in requiring the performance of an act or acts either for a limited period or perpetually. or is procuring or suffering to be done some act or acts probably in violation of the rights of the applicant respecting the subject of the action or proceeding. or is attempting to do. an order granted at any stage of an action or proceeding prior to the judgment or final order. requiring a party or a court. Who may grant preliminary injunction be granted by the court where the action or proceeding is pending. in which case it shall be known as a preliminary mandatory injunction. It may also require the performance of a particular act or acts. and tending to render the judgment ineffectual. Verified application and bond for preliminary injunction or temporary restraining order. threatening. or (c) That a party.Nothing herein contained shall prevent the party against whom the attachment was issued from recovering in the same action the damages awarded to him from any property of the attaching party not exempt from execution should the bond or deposit given by the latter be insufficient or fail to fully satisfy the award. Grounds for issuance of preliminary injunction injunction may be granted when it is established: (a) That the applicant is entitled to the relief demanded. and the whole or part of such relief consists in restraining the commission or continuance of the act or acts complained of. (3a) Section 4. — A preliminary injunction or temporary restraining order may . (1a) Section 2. (2a) Section 3. it may be issued by said court or any member thereof. If the action or proceeding is pending in the Court of Appeals or in the Supreme Court. agency or a person to refrain from a particular act or acts. (b) That the commission. (20a) RULE 58 Preliminary Injunction Section 1. agency or a person is doing. court. continuance or non-performance of the act or acts complained of during the litigation would probably work injustice to the applicant.

in an amount to be fixed by the court. by service of summons. or the adverse party is a resident of the Philippines temporarily absent therefrom or is a nonresident thereof. to the effect that the applicant will pay to such party or person all damages which he may sustain by reason of the injunction or temporary restraining order if the court should finally decide that the applicant was not entitled thereto. where the summons could not be served personally or by substituted service despite diligent efforts. together with a copy of the complaint or initiatory pleading and the applicant's affidavit and bond. If it shall appear from facts shown by affidavits or by the verified application that great or irreparable injury would result to the applicant before the matter can be heard on notice. or contemporaneously accompanied. upon the adverse party in the Philippines. a bond executed to the party or person enjoined. the case. Upon approval of the requisite bond. (d) The application for a temporary restraining order shall thereafter be acted upon only after all parties are heard in a summary hearing which shall be conducted within twenty-four (24) hours after the sheriff's return of service and/or the records are received by the branch selected by raffle and to which the records shall be transmitted immediately. (4a) (c) When an application for a writ of preliminary injunction or a temporary restraining order is included in a complaint or any initiatory pleading. However. may issue a temporary restraining order to be effective only for a period of twenty (20) days . such notice shall be preceded. Preliminary injunction not granted without notice preliminary injunction shall be granted without hearing and prior notice to the party or person sought to be enjoined. In any event. and shows facts entitling the applicant to the relief demanded. if filed in a multiple-sala court. the requirement of prior or contemporaneous service of summons shall not apply. Section 5. shall be raffled only after notice to and in the presence of the adverse party or the person to be enjoined. a writ of preliminary injunction shall be issued.be granted only when: (a) The application in the action or proceeding is verified. the court to which the application for preliminary injunction was made. and (b) Unless exempted by the court the applicant files with the court where the action or proceeding is pending.

if granted. (5a) Section 6. 803. — The application for injunction or restraining order may be denied.temporary restraining order to be effective only for a period of twenty (20) days from service on the party or person sought to be enjoined. may be dissolved. A restraining. Thereafter. upon a showing of its insufficiency. if the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury. However. or. automatically vacated. injunction or restraining order. and subject to the provisions of the preceding sections. Within the said twenty-day period. In no case shall the total period of effectivity of the temporary restraining order exceed twenty (20) days. or if granted. and accordingly issue the corresponding order. or for motion of dissolution of. on other grounds upon affidavits of the party or person enjoined. The injunction or restraining order may also be denied. the judge before whom the case is pending shall conduct a summary hearing to determine whether the temporary restraining order shall be extended until the application for preliminary injunction can be heard. (Bar Matter No. the temporary restraining order shall be effective for sixty (60) days from service on the party or person sought to be enjoined. if issued by the Court of Appeals or a member thereof. at a specified time and place. 17 February 1998) However. determine within the same period whether or not the preliminary injunction shall be granted. including the original seventy-two hours provided herein. the court must order said party or person to show cause. the executive judge of a multiple-sala court or the presiding judge of a single sala court may issue ex parte a temporary restraining order effective for only seventy-two (72) hours from issuance but he shall immediately comply with the provisions of the next preceding section as to service of summons and the documents to be served therewith. within the aforesaid seventy-two (72) hours. may be . except as herein provided. Grounds for objection to. It may further be denied. the temporary restraining order is deemed. The effectivity of a temporary restraining order is not extendible without need of any judicial declaration to that effect and no court shall have authority to extend or renew the same on the same ground for which it was issued. why the injunction should not be granted. order issued by the Supreme Court or a member thereof shall be effective until further orders. which may be opposed by the applicant also by affidavits. In the event that the application for preliminary injunction is denied or not resolved within the said period.

(6a) Section 7. — Upon a verified application. the injunction shall be granted or restored. Service of copies of bonds. as the case may be.dissolved. or of the surety or sureties thereon. If it appears that the extent of the preliminary injunction or restraining order granted is too great. it may be modified. if it appears after hearing that although the applicant is entitled to the injunction or restraining order. one or more receivers of the property subject of the action or proceeding may be appointed . — If after the trial of the action it appears that the applicant is entitled to have the act or acts complained of permanently enjoined the court shall grant a final injunction perpetually restraining the party or person enjoined from the commission or continuance of the act or acts of confirming the preliminary mandatory injunction. When final injunction granted. (9a) Section 9. ascertained. upon the bond of the adverse party. If the applicant's bond is found to be insufficient in amount. and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith the injunction shall be dissolved. or if the surety or sureties thereon fail to justify. would cause irreparable damage to the party or person enjoined while the applicant can be fully compensated for such damages as he may suffer. Appointment of receiver. the issuance or continuance thereof. Judgment to include damages against party and sureties the amount of damages to be awarded to either party. (10a) RULE 59 Receivership Section 1. and the former files a bond in an amount fixed by the court conditioned that he will pay all damages which the applicant may suffer by the denial or the dissolution of the injunction or restraining order. shall be claimed. or the surety or sureties thereon fail to justify a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith. If the bond of the adverse party is found to be insufficient in amount. who may except to the sufficiency of the bond. and awarded under the same procedure prescribed in section 20 of Rule 57. as the case may be. (8a) Section 8. effect of disapproval of same filing a bond in accordance with the provisions of this Rule shall forthwith serve a copy of such bond on the other party.

require an additional bond as further security for such damages. at any time after the appointment. in the following cases: (a) When it appears from the verified application. that the party applying for the appointment of a receiver has an interest in the property or fund which is the subject of the action or proceeding. or otherwise to carry the judgment into effect. to preserve the property during the pendency of an appeal. or disposing of the property in litigation. or a member thereof.by the court where the action is pending or by the Court of Appeals or by the Supreme Court. administering. to the effect that the applicant will pay such party all damages he may sustain by reason of the appointment of such receiver in case the applicant shall have procured such appointment without sufficient cause. or materially injured unless a receiver be appointed to administer and preserve it. in its discretion. and that its value is probably insufficient to discharge the mortgage debt. in an amount to be fixed by the court. or to dispose of it according to the judgment. (3a) Section 3. and such other proof as the court may require. (c) After judgment. (d) Whenever in other cases it appears that the appointment of a receiver is the most convenient and feasible means of preserving. or that the parties have so stipulated in the contract of mortgage. and the court may. (1a) Section 2. or to aid execution when the execution has been returned unsatisfied or the judgment obligor refuses to apply his property in satisfaction of the judgment. and that such property or fund is in danger of being lost. the appellate court may allow an application for the appointment of a receiver to be filed in and decided by the court of origin and the receiver appointed to be subject to the control of said court. removed. Bond on appointment of receiver appointing a receiver the court shall require the applicant to file a bond executed to the party against whom the application is presented. (b) When it appears in an action by the mortgagee for the foreclosure of a mortgage that the property is in danger of being wasted or dissipated or materially injured. During the pendency of an appeal. Denial of application or discharge of receiver .

However. or if the surety or sureties thereon fail to justify. executed to such person and in such sum as the court may direct. or other matters specified in the application as ground for such appointment. funds in the hands of a receiver may be invested only by order of the court upon the written consent of all the parties to the action. to divide the money and other property that shall remain among the persons legally entitled to receive the same. person. omissions. and shall file a bond. estate. or corporation of which he is the receiver. — Before entering upon his duties. as the case may be. to receive rents. as the case may be. (5a) Section 5. property. (7a) . effect of disapproval of same filing a bond in accordance with the provisions of this Rule shall forthwith serve a copy thereof on each interested party. to compound for and compromise the same. (4a) Section 4. If the bond of the adverse party is found to be insufficient in amount or the surety or sureties thereon fail to justify. to pay outstanding debts. or the receiver discharged. to take and keep possession of the property in controversy. and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith. in such capacity. and generally to do such acts respecting the property as the court may authorize. the receiver shall be sworn to perform them faithfully. to collect debts due to himself as receiver or to the fund. to the effect that he will faithfully discharge his duties in the action or proceeding and obey the orders of the court. to the effect that such party will pay the applicant all damages he may suffer by reason of the acts. — Subject to the control of the court in which the action or proceeding is pending a receiver shall have the power to bring and defend. in an amount to be fixed by the court. when the adverse party files a bond executed to the applicant. who may except to its sufficiency or of the surety or sureties thereon. (6a) Section 6. General powers of receiver. the receiver shall be appointed or re-appointed. The receiver may also be discharged if it is shown that his appointment was obtained without sufficient cause. Service of copies of bonds. the application shall be denied or the receiver discharged.denied. Oath and bond of receiver. to make transfers. and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith. If either the applicant's or the receiver's bond is found to be insufficient in amount. actions in his own name.

or apportioned. settle the accounts of the receiver. Termination of receivership. — The applicant must show by his own affidavit or that of some other person who personally knows the facts: . subject of or involved in the action or proceeding.No action may be filed by or against a receiver without leave of the court which appointed him. it shall. (n) Section 7. The court shall allow the receiver such reasonable compensation as the circumstances of the case warrant. (n) Section 8. Affidavit and bond. after due notice to all interested parties and hearing. documents and papers within his power or control. compensation of receiver court. (9a) RULE 60 Replevin Section 1. notes. direct the delivery of the funds and other property in his possession to the person adjudged to be entitled to receive them and order the discharge of the receiver from further duty as such. at the commencement of the action or at any time before answer. Liability for refusal or neglect to deliver property to receiver who refuses or neglects. together with all damages that may have been sustained by the party or parties entitled thereto as a consequence of such refusal or neglect. shall be claimed. (1a) Section 2. books. deeds. (8a) Section 9. may be punished for contempt and shall be liable to the receiver for the money or the value of the property and other things so refused or neglected to be surrendered. shall determine that the necessity for a receiver no longer exists. apply for an order for the delivery of such property to him. — A party praying for the recovery of possession of personal property may. bills. motu proprio or on motion of either party. to be taxed as costs against the defeated party. as justice requires. Application. as determined and ordered by the court. to deliver to the receiver all the property. and granted under the same procedure prescribed in section 20 of Rule 57. ascertained. Judgment to include recovery against sureties be awarded to any party upon any bond filed in accordance with the provisions of this Rule. or in case of disagreement. upon reasonable demand. in the manner hereinafter provided. money.

or seized under a writ of execution or preliminary attachment. if it be in the possession of the adverse party. (c) That the property has not been distrained or taken for a tax assessment or a fine pursuant to law. executed to the adverse party in double the value of the property as stated in the affidavit aforementioned. — Upon the filing of such affidavit and approval of the bond. (4a) Section 5. information. and must forthwith take the property. If the property or any part thereof be concealed in a building or enclosure. he must cause the building or enclosure to be broken open and take the property into his possession. the court shall issue an order and the corresponding writ of replevin. for the return of the property to the adverse party if such return be adjudged. the sheriff must serve a copy thereof on the adverse party. and belief . the sheriff must demand its delivery. and (d) The actual market value of the property. — If the adverse party objects to the sufficiency of . or otherwise placed under custodia legis exempt from such seizure or custody. particularly describing it. The applicant must also give a bond. and if it be not delivered.(a) That the applicant is the owner of the property claimed. After the sheriff has take possession of the property as herein provided. describing the personal property alleged to be wrongfully detained and requiring the sheriff forthwith to take such property into his custody. affidavit and bond. and retain it in his custody. or his agent. (2a) Section 3. Order. alleging the cause of detention thereof according to the best of his knowledge. (b) That the property is wrongfully detained by the adverse party. or is entitled to the possession thereof. he must keep it in a secure place and shall be responsible for its delivery to the party entitled thereto upon receiving his fees and necessary expenses for taking and keeping the same. and for the payment to the adverse party of such sum as he may recover from the applicant in the action. together with a copy of the application. — Upon receiving such order. Return of property. Duty of the sheriff. (3a) Section 4.

by filing with the court where the action is pending a bond executed to the applicant. the adverse party does not object to the sufficiency of the bond. (6a) Section 7. The sheriff shall not be liable for damages. (5a) Section 6. or if the adverse party so objects and the court affirms its approval of the applicant's bond or approves a new bond. or of the surety or sureties thereon. stating the grounds therefor. the court shall determine the same. or right to the possession thereof. taking of the property by the sheriff. but if he does not so object. for the taking or keeping of such property. the sheriff must return it to the adverse party. of the 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. require the return thereof. the sheriff shall not be bound to keep the property under replevin or deliver it to the applicant unless the applicant or his agent. and such person makes an affidavit of his title thereto.the applicant's bond. or if the adverse party requires the return of the property but his bond is objected to and found insufficient and he does not forthwith file an approved bond. to any such third-party claimant if such bond shall be filed. and by serving a copy of such bond on the applicant. and serves such affidavit upon the sheriff while the latter has possession of the property and a copy thereof upon the applicant. if such delivery be adjudged. No claim for damages for the taking or keeping. on demand of said sheriff. he may. in double the value of the property as stated in the applicant's affidavit for the delivery thereof to the applicant. If for any reason the property is not delivered to the applicant. Disposition of property by sheriff. he cannot immediately require the return of the property. at any time before the delivery of the property to the applicant. or of the surety or sureties thereon. the property shall be delivered to the applicant. In case of disagreement as to such value. Nothing herein contained shall prevent such claimant or any third person from vindicating his claim to the property. and for the payment of such sum. Proceedings where property claimed by third person taken is claimed by any person other than the party against whom the writ of replevin had been issued or his agent. to him as may be recovered against the adverse party. shall file a bond approved by the court to indemnify the third-party claimant in a sum not less than the value of the property under replevin as provided in section 2 hereof. or prevent the applicant from claiming .

and granted under the same procedure as prescribed in section 20 of Rule 57. Return of papers. — The sheriff must file the order. and accompanied by affidavits. ascertained. — A copy of the application and all supporting documents shall be served upon the adverse party. (7a) Section 8. thereon. (9a) Section 10. (10a) RULE 61 Support Pendente Lite Section 1. the actual damages adjudged by the court shall be paid by the National Treasurer out of the funds to be appropriated for the purpose. with costs. Judgment. or for its value in case delivery cannot be made. shall be claimed. the filing of such bond shall not be required. or at any time prior to the judgment or final order. who shall have five (5) days to comment thereon unless a different period is fixed by the court upon his motion. — After trial of the issues the court shall determine who has the right of possession to and the value of the property and shall render judgment in the alternative for the delivery thereof to the party entitled to the same. with his proceedings indorsed. (1a) Section 2. Judgment to include recovery against sureties be awarded to any party upon any bond filed in accordance with the provisions of this Rule. depositions or other authentic documents in support thereof. in the same or a separate action. a verified application for support pendente lite may be filed by any party stating the grounds for the claim and the financial conditions of both parties. Application. and in case the sheriff is sued for damages as a result of the replevin. (8a) Section 9.damages against a third-party claimant who filed a frivolous or plainly spurious claim. When the writ of replevin is issued in favor of the Republic of the Philippines. with the court within ten (10) days after taking the property mentioned therein. or any officer duly representing it. and also for such damages as either party may prove. The . he shall be represented by the Solicitor General. Comment. and if held liable therefor. — At the commencement of the proper action or proceeding.

3a) Section 3. the court shall. (6a) When the person ordered to give support pendente lite any third person who furnished that support to the applicant may. — After the comment is filed. the principal case shall be tried and decided as early as possible. (5a) Section 5. her parents. If the application is denied. without prejudice to his liability for contempt. the accused may be ordered to provide support born to the offended party allegedly because of the crime. Enforcement of order. (h) Section 6. taking into account the necessities of the applicant and the resources or means of the adverse party. (n) . having the regard to the probable outcome of the case and such other circumstances as may aid in the proper resolution of the question involved. Order. — If the adverse party fails to comply with an order granting support pendente lite. (4a) Section 4. — In criminal actions where the civil liability includes support for the offspring as a consequence of the crime and the civil aspect thereof has not been waived. If the application is granted. Support in criminal cases. The facts in issue shall be proved in the same manner as is provided for evidence on motions. issue an order of execution against him. motion. Hearing. and shall render such orders as justice and equity may require. reserved and instituted prior to its filing. in accordance with the procedure established under this Rule. or after the expiration of the period for its filing. — The court shall determine provisionally the pertinent facts. depositions or other authentic documents in support thereof. after due notice and hearing in the same case obtain a writ of execution to enforce his right of reimbursement against the person ordered to provide such support. the court shall fix the amount of money to be provisionally paid or such other forms of support as should be provided. The application therefor may be filed successively by the offended party.comment shall be verified and shall be accompanied by affidavits. (2a. and the terms of payment or mode for providing the support. grandparents or guardian and the State in the corresponding criminal case during its pendency. the application shall be set for hearing not more than three (3) days thereafter.

Summons. — Summons shall be served upon the conflicting claimants. The period to file the answer shall be tolled and if the motion is denied. (2a. the person who provided the same may likewise seek reimbursement thereof in a separate action from the person legally obliged to give such support. Restitution. (1a.Section 7. When interpleader proper. Answer and other pleadings. Motion to dismiss. serving a copy thereof upon each of the other conflicting claimants . the court may direct in such order that the subject matter be paid or delivered to the court. R63) Section 4. reckoned from notice of denial. (n) Special Civil Actions RULE 62 Interpleader Section 1. it shall order the recipient thereof to return to the former the amounts already paid with legal interest from the dates of actual payment. the court shall issue an order requiring the conflicting claimants to interplead with one another. — Each claimant shall file his answer setting forth his claim within fifteen (15) days from service of the summons upon him. — Whenever conflicting claims upon the same subject matter are or may be made against a person who claims no interest whatever in the subject matter. the movant may file his answer within the remaining period. (n) Section 5. he may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves. without prejudice to the right of the recipient to obtain reimbursement in a separate action from the person legally obliged to give the support. (3. Order. If the interests of justice so require. — Upon the filing of the complaint. Should the recipient fail to reimburse said amounts. each claimant may file a motion to dismiss on the ground of impropriety of the interpleader action or on other appropriate grounds specified in Rule 16. — When the judgment or final order of the court finds that the person who has been providing support therefor. but which shall not be less than five (5) days in any event. R63) Section 3. — Within the time for filing an answer. or an interest which in whole or in part is not disputed by the claimants. R63) Section 2. together with a copy of the complaint and order.

costs and litigation expenses as liens The docket and other lawful fees paid by the party who filed a complaint under this Rule. unless the court shall order otherwise. (4a. as provided by these Rules. Docket and other lawful fees. as well as the costs and litigation expenses. before breach or violation thereof bring an action in the appropriate Regional Trial Court to determine any question of construction or validity arising. ordinance. thereunder. — All persons who have or claim any interest which would be affected by the declaration shall be made parties. (Bar Matter No. declare him in default and thereafter render judgment barring him from any claim in respect to the subject matter. contract or other written instrument. thirdparty complaints and responsive pleadings thereto. may be brought under this Rule. (5a. If any claimant fails to plead within the time herein fixed. shall constitute a lien or change upon the subject matter of the action. the court may. and pre-trial has been conducted in accordance with the Rules. executive order or regulation. and for a declaration of his rights or duties.who may file their reply thereto as provided by these Rules. or to consolidate ownership under Article 1607 of the Civil Code. Who may file petition. will. R63) Section 7. except as otherwise provided in these Rules. or whose rights are affected by a statute. 803. — Any person interested under a deed. R63) RULE 63 Declaratory Relief and Similar Remedies Section 1. and no declaration shall. the court shall proceed to determine their respective rights and adjudicate their several claims. R64) Section 2. prejudice the rights of persons not . (6a. Determination. or any other governmental regulation may. on motion. 17 February 1998) An action for the reformation of an instrument. (1a. cross-claims. to quiet title to real property or remove clouds therefrom. R63) Section 6. The parties in an interpleader action may file counterclaims. — After the pleadings of the conflicting claimants have been filed. Parties.

ordinance. Notice on Solicitor General. Scope. the Solicitor General shall be notified by the party assailing the same and shall be entitled to be heard upon such question. Court action discretionary. motion. (n) Section 2. If such ordinance is alleged to be unconstitutional. 803. Conversion into ordinary action the case. or any other governmental regulation. the action may thereupon be converted into an ordinary action. Local government ordinances. a breach or violation of an instrument or a statute. Bar Matter No. R64) Section 6. the Solicitor General shall also be notified and entitled to be heard. the corresponding prosecutor or attorney of the local governmental unit involved shall be similarly notified and entitled to be heard. — In any action involving the validity of a local government ordinance. (n. the court. or any other governmental regulation should take place. — A judgment or final order or resolution of the Commission on Elections and the Commission on Audit may be brought by the aggrieved party to the Supreme Court on hereinafter provided. executive order or regulation. — This Rule shall govern the review of judgments and final orders or resolutions of the Commission on Elections and the Commission on Audit. may refuse to exercise the power to declare rights and to construe instruments in any case where a decision would not terminate the uncertainty or controversy which gave rise to the action. (4a. — Except in actions falling under the second paragraph of section 1 of this Rule. R64) Section 5. or in any case where the declaration or construction is not necessary and proper under the circumstances. executive order or regulation.parties to the action. R64) RULE 64 Review of Judgments and Final Orders or Resolutions of the Commission on Elections and the Commission on Audit Section 1. (3a. and the parties shall be allowed to file such pleadings as may be necessary or proper. R64) Section 4. (2a. R64) Section 3. (6a. Mode of review. (5a. 17 February 1998) . — In any action which involves the validity of a statute.

present clearly the issues involved. The petition shall state the facts with certainty. and pray for judgment annulling or modifying the questioned judgment. and of the timely payment of docket and other lawful fees. final order or resolution. if allowed under the procedural rules of the Commission concerned. The petition shall state the specific material dates showing that it was filed within the period fixed herein. (n) Section 4. The filing of a motion for new trial or reconsideration of said judgment or final order or resolution. — Upon the filing of the petition. and shall contain a sworn certification against forum shopping as provided in the third paragraph of section 3. — The petition shall be filed within thirty (30) days from notice of the judgment or final order or resolution sought to be reviewed. The petition shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment. The petition shall name the aggrieved party as petitioner and shall join as respondents the Commission concerned and the person or persons interested in sustaining the judgment. the petitioner shall pay to the clerk of court the docket and other lawful fees and deposit the amount of P500. Rule 46.00 for costs. The petition shall further be accompanied by proof of service of a copy thereof on the Commission concerned and on the adverse party. final order or resolution subject thereof. the aggrieved party may file the petition within the remaining period. shall interrupt the period herein fixed.Section 3. Time to file petition. Form and contents of petition. Findings of fact of the Commission supported by substantial evidence shall be final and non-reviewable. final order or resolution a quo. reckoned from notice of denial. — The petition shall be verified and filed in eighteen (18) legible copies. . Docket and other lawful fees. together with certified true copies of such material portions of the record as are referred to therein and other documents relevant and pertinent thereto. If the motion is denied. set forth the grounds and brief arguments relied upon for review. (n) Section 5. but which shall not be less than five (5) days in any event. The requisite number of copies of the petition shall contain plain copies of all documents attached to the original copy of said petition.

otherwise. or with grave abuse of discretion amounting to lack or excess of . — When any tribunal. Order to comment. or the expiration of the period to do so. The original shall be accompanied by certified true copies of such material portions of the record as are referred to therein together with other supporting papers. Submission for decision. board or officer exercising judicial or quasi-judicial functions has acted without or in excess its or his jurisdiction. (n) Section 8. (n) Section 6. Effect of filing. unless the Supreme Court shall direct otherwise upon such terms as it may deem just. — The comments of the respondents shall be filed in eighteen (18) legible copies. — Unless the Court sets the case for oral argument. (n) RULE 65 Certiorari. The requisite number of copies of the comments shall contain plain copies of all documents attached to the original and a copy thereof shall be served on the petitioner. or of such other pleadings or papers as may be required or allowed. it shall order the respondents to file their comments on the petition within ten (10) days from notice thereof.The failure of petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition. Comments of respondents. the Court may dismiss the petition outright. Petition for certiorari. The Court may also dismiss the petition if it was filed manifestly for delay or the questions raised are too unsubstantial to warrant further proceedings. (n) Section 9. the case shall be deemed submitted for decision upon the filing of the comments on the petition. or requires the parties to submit memoranda. — The filing of a petition for the execution of the judgment or final order or resolution sought to be reviewed. Prohibition and Mandamus Section 1. (n) Section 7. — If the Supreme Court finds the petition sufficient in form and substance. No other pleading may be filed by any party unless required or allowed by the Court.

speedy. (2a) Section 3. Petition for mandamus. Petition for prohibition. board. speedy. Rule 46. and there is no other plain. officer or person. order or resolution subject thereof. order or resolution subject thereof. (1a) Section 2. . trust. and a sworn certification of nonforum shopping as provided in the third paragraph of section 3. alleging the facts with certainty and praying that judgment be rendered commanding the respondent. corporation. to do the act required to be done to protect the rights of the petitioner. a person aggrieved thereby may file a verified petition in the proper court. and there is no appeal. officer or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office. a person aggrieved thereby may file a verified petition in the proper court. or otherwise granting such incidental reliefs as law and justice may require. and granting such incidental reliefs as law and justice may require. copies of all pleadings and documents relevant and pertinent thereto. and a sworn certification of non-forum shopping as provided in the third paragraph of section 3. — When any tribunal. whether exercising judicial. and adequate remedy in the ordinary course of law. alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal.jurisdiction. — When the proceedings of any tribunal. corporation. alleging the facts with certainty and praying that judgment be rendered commanding the respondent to desist from further proceedings in the action or matter specified therein. or any plain. and adequate remedy in the ordinary course of law. the person aggrieved thereby may file a verified petition in the proper court. or unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled. and there is no appeal or any other plain. or with grave abuse of discretion amounting to lack or excess of jurisdiction. quasi-judicial or ministerial functions. or station. speedy and adequate remedy in the ordinary course of law. copies of all pleadings and documents relevant and pertinent thereto. The petition shall likewise be accompanied by a certified true copy of the judgment. immediately or at some other time to be specified by the court. board or officer. The petition shall be accompanied by a certified true copy of the judgment. and to pay the damages sustained by the petitioner by reason of the wrongful acts of the respondent. board. are without or in excess of its or his jurisdiction. Rule 46.

unless otherwise provided by law or these Rules. both in his or their own behalf and in behalf of the public respondent or respondents affected by the proceedings. — The petition shall be filed not later than sixty (60) days from notice of the judgment. if it relates to the acts or omissions of a lower court or of a corporation. officer or person. as private respondent or respondents with such public respondent or respondents. and not against the judge. If the case is elevated to a higher court by either party. Unless otherwise specifically directed by the court where the petition is pending. 00-2-03-SC) Section 5. tribunal. (4a) (Bar Matter No. quasi-judicial agency. A. board. in the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme Court. the public respondents shall not appear in or file an answer or comment to the petition or any pleading therein. When and where petition filed. court. Rule 46. quasi-judicial agency. board. In case a motion for reconsideration or new trial is timely filed. the petitioner shall join.M. the petition shall be filed in and cognizable only by the Court of Appeals. court. the public respondents shall be included therein as nominal parties. . board. Respondents and costs in certain cases relates to the acts or omissions of a judge. whether such motion is required or not. officer or person. corporation. corporation. If it involves the acts or omissions of a quasijudicial agency. No extension of time to file the petition shall be granted except for compelling reason and in no case exceeding fifteen (15) days. the person or persons interested in sustaining the proceedings in the court. order or resolution. The petition shall be filed in the Supreme Court or.The petition shall also contain a sworn certification of non-forum shopping as provided in the third paragraph of section 3. the sixty (60) day period shall be counted from notice of the denial of said motion. (3a) Section 4. No. and it shall be the duty of such private respondents to appear and defend. or in the Sandiganbayan if it is in aid of its appellate jurisdiction. officer or person impleaded as public respondent or respondents. tribunal. It may also be filed in the Court of Appeals whether or not the same is in aid of its appellate jurisdiction. 803. and the costs awarded in such proceedings in favor of the petitioner shall be against the private respondents only. 21 July 1998.

may dismiss the petition if it finds the same to be patently without merit. injunctive relief. (7a) Section 8. the petition. The court. Order to comment. and not a motion to dismiss. or that the questions raised therein are too unsubstantial to require consideration. prosecuted manifestly for delay. Service and enforcement of order or judgment . — If the petition is sufficient in form and substance to justify such process. (6a) Section 7. and it may also grant a temporary restraining order or a writ of preliminary injunction for the preservation of the rights of the parties pending such proceedings.However. In petitions for certiorari before the Supreme Court and the Court of Appeals. The petition shall not interrupt the course of the principal case unless a temporary restraining order or a writ of preliminary injunction has been issued against the public respondent from further proceeding in the case. Before giving due course thereto. they shall not appear or participate in the proceedings therein. or the time for the filing thereof has expired. unless otherwise specifically directed by the court. the court shall issue an order requiring the respondent or respondents to comment on the petition within ten (10) days from receipt of a copy thereof. the court may hear the case or require the parties to submit memoranda. Proceedings after comment is filed pleadings required by the court are filed. petition is filed may issue orders expediting the proceedings. it shall render judgment for the relief prayed for or to which the petitioner is entitled. shall be observed. the court may require the respondents to file their comment to. Thereafter. the court may require the filing of a reply and such other responsive or other pleadings as it may deem necessary and proper. the provisions of section 2. Such order shall be served on the respondents in such manner as the court may direct together with a copy of the petition and any annexes thereto. Rule 56. Expediting proceedings. (8a) Section 9. however. (5a) Section 6. If after such hearing or submission of memoranda or the expiration of the period for the filing thereof the court finds that the allegations of the petition are true.

When hearing had on application for permission to commence action Upon application for permission to commence such action in accordance with . officer or person concerned in such manner as the court may direct. or unlawfully holds or exercises a public office. tribunal. (b) A public officer who does or suffers an act which. must commence such action. position or franchise may be commenced by a verified petition brought in the name of the Republic of the Philippines against: (a) A person who usurps. corporation. When Solicitor General or public prosecutor must commence action The Solicitor General or a public prosecutor. (4a) Section 4. when directed by the President of the Philippines.judgment rendered in accordance with the last preceding section shall be served upon the court. (3a) Section 3. quasi-judicial agency. and disobedience thereto shall be punished as contempt. (9a) RULE 66 Quo Warranto Section 1. with the permission of the court in which the action is to be commenced. position or franchise. but in such case the officer bringing it may first require an indemnity for the expenses and costs of the action in an amount approved by and to be deposited in the court by the person at whose request and upon whose relation the same is brought. constitutes a ground for the forfeiture of his office. or when upon complaint or otherwise he has good reason to believe that any case specified in the preceding section can be established by proof. intrudes into. When Solicitor General or public prosecutor may commence action with permission of court. Action by Government against individuals usurpation of a public office. by the provision of law. (1a) Section 2. or (c) An association which acts as a corporation within the Philippines without being legally incorporated or without lawful authority so to act. board. An execution may issue for any damages or costs awarded in accordance with section 1 of Rule 39. — The Solicitor General or a public prosecutor may. bring such an action at the request and upon the relation of another person.

or unlawfully holding or exercising a public office. the court shall direct that notice be given to the respondent so that he may be heard in opposition thereto. copies of which shall be served on all interested parties. and their respective rights to such public office. (5a) Section 5. position or franchise determined. and that the petitioner or relator. and the petition shall then be filed within the period ordered by the court. position or franchise may be made parties. (8a) Section 8. — The court may reduce the period provided by these Rules for filing pleadings and for all other proceedings in the action in order to secure the most expeditious determination of the matters involved therein consistent with the rights of the parties. but when the Solicitor General commences the action. position . Such action may be given precedence over any other civil matter pending in the court.the next preceding section. Judgment where usurpation found guilty of usurping into. recover his costs. with an averment of his right to the same and that the respondent is unlawfully in possession thereof. (9a) Section 9. judgment shall be rendered that such respondent be ousted and altogether excluded therefrom. in the same action. Parties and contents of petition against usurpation is against a person for usurping a public office. it may be brought in a Regional Trial Court in the City of Manila. Venue. the Court of Appeals. Period for pleadings and proceedings may be reduced precedence. All persons who claim to be entitled to the public office. Such further judgment may be rendered determining the respective rights in and to the public office. or in the Supreme Court. or in the Regional Trial Court exercising jurisdiction over the territorial area where the respondent or any of the respondents resides. When an individual may commence such an action to be entitled to a public office or position usurped or unlawfully held or exercised by another may bring an action therefor in his own name. in the Court of Appeals. position or franchise. if any. position or franchise. — An action under the preceding six sections can be brought only in the Supreme Court. as the case may be. the court shall issue an order to that effect. (7a) Section 7. (6) Section 6. and if permission is granted. the petition shall set forth the name of the person who claim to be entitled thereto. intruding into.

If the title to any property sought to be expropriated appears to be in the Republic of the Philippines. or occupying. (15a) Section 11. If the respondent refuses or neglects to deliver any book or paper pursuant to such demand. — Nothing contained in this Rule shall be construed to authorize an action against a public officer or employee for his ouster from office unless the same be commenced within one (1) year after the cause of such ouster. — The right of eminent domain shall be exercised by the filing of a verified complaint which shall state with certainty the right and purpose of expropriation. Limitations. — In an action brought in accordance with the provisions of this Rule. and may immediately thereafter demand of the respondent all the books and papers in the respondent's custody or control appertaining to the office to which the judgment relates. or may apportion the costs. nor to authorize an action for damages in accordance with the provisions of the next preceding section unless the same be commenced within one (1) year after the entry of the judgment establishing the petitioner's right to the office in question.or franchise of all the parties to the action as justice requires. The complaint. so far as practicable. showing. (10a) Section 10. describe the real or personal property sought to be expropriated. the court may render judgment for costs against either the petitioner. (16a) Section 12. — If judgment be rendered in favor of the person averred in the complaint to be entitled to the public office he may. or the right of the petitioner to hold such office or position. arose. take upon himself the execution of the office. after taking the oath of office and executing any official bond required by law. Judgment for costs. the relator. Rights of persons adjudged entitled to public office and papers. or the respondent. he may be punished for contempt as having disobeyed a lawful order of the court. and join as defendants all persons owning or claiming to own. any part thereof or interest therein. the separate interest of each defendant. as justice requires. damages. The person adjudged entitled to the office may also bring action against the respondent to recover the damages sustained by such person by reason of the usurpation. or the person or persons claiming to be a corporation. although occupied . (17a) RULE 67 Expropriation Section 1.

Such deposit shall be in money. and adduce all his objections and defenses to the taking of his property. Entry of plaintiff upon depositing value with authorized government depositary. crossclaim or third-party complaint shall be alleged or allowed in the answer or any subsequent pleading. — If a defendant has no objection or defense to the action or the taking of his property. If a defendant has any objection to the filing of or the allegations in the complaint.by private individuals. state the nature and extent of the interest claimed. . he may file and serve a notice of appearance and a manifestation to that effect. No counterclaim. If personal property is involved. the plaintiff shall have the right to take or enter upon the possession of the real property involved if he deposits with the authorized government depositary an amount equivalent to the assessed value of the property for purposes of taxation to be held by such bank subject to the orders of the court. specifically designating or identifying the property in which he claims to be interested. After such deposit is made the court shall order the sheriff or other proper officer to forthwith place the plaintiff in possession of the property involved and promptly submit a report thereof to the court with service of copies to the parties. unless in lieu thereof the court authorizes the deposit of a certificate of deposit of a government bank of the Republic of the Philippines payable on demand to the authorized government depositary. he shall serve his answer within the time stated in the summons. Defenses and objections. he shall be entitled to notice of all proceedings affecting the same. or any objection or defense to the taking of his property. or if the title is otherwise obscure or doubtful so that the plaintiff cannot with accuracy or certainty specify who are the real owners. its value shall be provisionally ascertained and the amount to be deposited shall be promptly fixed by the court. (2a) Section 3. Thereafter. averment to that effect shall be made in the complaint. within the time stated in the summons. — Upon the filing of the complaint or at any time thereafter and after due notice to the defendant. (1a) Section 2. The answer shall specifically designate or identify the property in which he claims to have an interest.

— If the objections to and the defenses against the right of the plaintiff to expropriate the property are overruled. Objections to the appointment of any of the commissioners shall be filed with the court within ten (10) days from service. After the rendition of such an order. and shall be resolved within thirty (30) days after all the commissioners shall have received copies of the objections. the court may issue an order of expropriation declaring that the plaintiff has a lawful right to take the property sought to be expropriated. or when no party appears to defend as required by this Rule. However. (5a) . however. the plaintiff shall not be permitted to dismiss or discontinue the proceeding except on such terms as the court deems just and equitable. he may present evidence as to the amount of the compensation to be paid for his property. and he may share in the distribution of the award. Order of expropriation. may permit amendments to the answer to be made not later than ten (10) days from the filing thereof. in the interest of justice. A final order sustaining the right to expropriate the property may be appealed by any party aggrieved thereby. (4a) Section 5. shall not prevent the court from determining the just compensation to be paid. at the trial of the issue of just compensation whether or not a defendant has previously appeared or answered. (n) Section 4. Such appeal.A defendant waives all defenses and objections not so alleged but the court. upon the payment of just compensation to be determined as of the date of the taking of the property or the filing of the complaint. Ascertainment of compensation expropriation. whichever came first. Copies of the order shall be served on the parties. for the public use or purpose described in the complaint. The order of appointment shall designate the time and place of the first session of the hearing to be held by the commissioners and specify the time within which their report shall be submitted to the court. the court shall appoint not more than three (3) competent and disinterested persons as commissioners to ascertain and report to the court the just compensation for the property sought to be taken.

view and examine the property sought to be expropriated and its surroundings. Except as otherwise expressly ordered by the court. with notice that they are allowed ten (10) days within which to file objections to the findings of the report. and the commissioners shall. Report by commissioners and judgment thereupon order the commissioners to report when any particular portion of the real estate shall have been passed upon by them. But in no case shall the consequential benefits assessed exceed the consequential damages assessed. unless the parties consent to the contrary. the clerk of the court shall serve copies thereof on all interested parties. (7a) Section 8. (6a) Section 7. which time may be extended in the discretion of the court. the court . Evidence may be introduced by either party before the commissioners who are authorized to administer oaths on hearings before them. after which either party may. and may from time to time so deal with such property. and direct the commissioners to proceed with their work as to subsequent portions of the property sought to be expropriated. The commissioners shall make a full and accurate report to the court of all their proceedings. or the owner be deprived of the actual value of his property so taken. the commissioners shall take and subscribe an oath that they will faithfully perform their duties as commissioners. or even before the expiration of such period but after all the interested parties have filed their objections to the report or their statement of agreement therewith. after due notice to the parties. and may render judgment upon such partial report. to attend. the operation of its franchise by the corporation or the carrying on of the business of the corporation or person taking the property. Upon the filing of such report. and such proceedings shall not be effectual until the court shall have accepted their report and rendered judgment in accordance with their recommendations. Action upon commissioners' report period of ten (10) days referred to in the preceding section. by himself or counsel. — Before entering upon the performance of their duties. if they so desire. which oath shall be filed in court with the other proceedings in the case. The commissioners shall assess the consequential damages to the property not taken and deduct from such consequential damages the consequential benefits to be derived by the owner from the public use or purpose of the property taken. and may measure the same. argue the case. such report shall be filed within sixty (60) days from the date the commissioners were notified of their appointment.Section 6. Proceedings by commissioners.

or it may accept the report in part and reject it in part and it may make such order or render such judgment as shall secure to the plaintiff the property essential to the exercise of his right of expropriation. or decline to receive the amount tendered. But the judgment shall require the payment of the sum or sums awarded to either the defendant or the court before the plaintiff can enter upon the property. accept the report and render judgment in accordance therewith. If the defendant and his counsel absent themselves from the court. Entry not delayed by appeal. judgment shall be rendered ordering the Regional Trial Court to forthwith enforce the restoration to the defendant of the possession of the property. with legal interest thereon from the taking of the possession of the property. Costs. or retain it for the public use or purpose if entry has already been made. by whom paid. Rights of plaintiff after judgment and payment the plaintiff to the defendant of the compensation fixed by the judgment. it may recommit the same to the commissioners for further report of facts. (8a) Section 9. and to determine the damages which the defendant sustained and may recover by reason of the possession taken by the plaintiff. or to retain it should he have taken immediate possession thereof under the provisions of section 2 hereof. (11a) Section 12. (9a) Section 10. (10a) Section 11. or. or there are conflicting claims to any part thereof. for cause shown. conflicting claims property taken is uncertain. Uncertain ownership. or it may set aside the report and appoint new commissioners. and to the defendant just compensation for the property so taken.may. after hearing. effect of reversal plaintiff to enter upon the property of the defendant and appropriate the same for public use or purpose shall not be delayed by an appeal from the judgment. the same shall be ordered to be deposited in court and such deposit shall have the same effect as actual payment thereof to the defendant or the person ultimately adjudged entitled thereto. — The fees of the commissioners shall be taxed . the plaintiff shall have the right to enter upon the property expropriated and to appropriate it for the public use or purpose defined in the judgment. the court may order any sum or sums awarded as compensation for the property to be paid to the court for the benefit of the person adjudged in the same proceeding to be entitled thereto. But if the appellate court determines that plaintiff has no right of expropriation. or after tender to him of the amount so fixed and payment of the costs.

(12a) Section 13. the amount claimed to be unpaid thereon. a certified copy of such judgment shall be recorded in the registry of deeds of the place in which the property is situated. except those of rival claimants litigating their claims. its assignments. (13a) Section 14. all of whom shall be made defendants in the action. matter. — The fees of the commissioners shall be taxed as a part of the costs of the proceedings. Judgment on foreclosure for payment or sale action the court shall find the facts set forth in the complaint to be true. Costs. and the nature of the public use or purpose for which it is expropriated. Recording judgment. if any. it shall ascertain the amount due to the plaintiff upon the mortgage debt or obligation. Complaint in action for foreclosure of a mortgage or other encumbrance upon real estate.Section 12. the names and residences of the mortgagor and the mortgagee. with the approval of the court first had. by an adequate description. . Power of guardian in such proceedings litem of a minor or of a person judicially declared to be incompetent may. the complaint shall set forth the date and due execution of the mortgage. unless an appeal is taken by the owner of the property and the judgment is affirmed. and its effect expropriation proceedings shall state definitely. When real estate is expropriated. the particular property or interest therein expropriated. All costs. or thing respecting the expropriation for public use or purpose of property belonging to such minor or person judicially declared to be incompetent. which such minor or person judicially declared to be incompetent could do in such proceedings if he were of age or competent. in which event the costs of the appeal shall be paid by the owner. shall be paid by the plaintiff. and its effect shall be to vest in the plaintiff the title to the real estate so described for such public use or purpose. a description of the mortgaged property. and the names and residences of all persons having or claiming an interest in the property subordinate in right to that of the holder of the mortgage. (1a) Section 2. by whom paid. (14a) RULE 68 Foreclosure of Real Estate Mortgage Section 1. a statement of the date of the note or other documentary evidence of the obligation secured by the mortgage. do and perform on behalf of his ward any act.

(3a) Section 4. Upon the finality of the order of confirmation or upon the expiration of the period of redemption when allowed by law. shall be entitled to the possession of the property unless a third party is actually holding the same adversely to the judgment obligor. (4a) Section 5. subject to such rights of redemption as may be allowed by law. after paying off the mortgage debt due. Disposition of proceeds of sale. the court. or if there be no such encumbrancers or there be a balance or residue after payment to them. and that in default of such payment the property shall be sold at public auction to satisfy the judgment. the same shall be paid to junior encumbrancers in the order of their priority. How sale to proceed in case the debt is not all due which the mortgage or encumbrance was held is not all due as provided in the judgment as soon as a sufficient portion of the property has been sold to pay the total amount and the costs due. and afterwards as often . upon motion. effect directed to do so as provided in the next preceding section. be paid to the person foreclosing the mortgage.including interest and other charges as approved by the court. fails to pay the amount of the judgment within the period specified therein. to be ascertained by the court. the purchaser at the auction sale or last redemptioner. The said purchaser or last redemptioner may secure a writ of possession. — The amount realized from the foreclosure sale of the mortgaged property shall. and costs. if any. and shall render judgment for the sum so found due and order that the same be paid to the court or to the judgment obligee within a period of not less than ninety (90) days nor more than one hundred twenty (120) days from the entry of judgment. (2a) Section 3. from the court which ordered the foreclosure. shall order the property to be sold in the manner and under the provisions of Rule 39 and other regulations governing sales of real estate under execution. also upon motion. or to the person entitled to it. and when there shall be any balance or residue. and when confirmed by an order of the court. upon motion. Sale of mortgaged property. after deducting the costs of the sale. it shall operate to divest the rights in the property of all the parties to the action and to vest their rights in the purchaser. then to the mortgagor or his duly authorized agent. the sale shall terminate. Such sale shall not affect the rights of persons holding prior encumbrances upon the property or a part thereof.

by the record of the case. the certificate of title in the name of the mortgagor shall be cancelled. and the entire debt and costs shall be paid. he may be personally liable to the plaintiff. if the proceeds of the sale be sufficient therefor. otherwise. (n) Section 8. (5a) Section 6. Applicability of other provisions and 34 of Rule 39 shall be applicable to the judicial foreclosure of real estate mortgages under this Rule insofar as the former are not inconsistent with or may . But if the property cannot be sold in portions without prejudice to the parties. which time shall be stated in the judgment. the deed of redemption shall be registered with the registry of deeds. the court may. and a brief memorandum thereof shall be made by the registrar of deeds on said certificate of title. the plaintiff shall be entitled to execution at such time as the balance remaining becomes due under the terms of the original contract. order more to be sold. upon motion. Deficiency judgment.as more becomes due for principal or interest and other valid charges. on motion. whereupon the certificate of title in the name of the mortgagor shall be cancelled and a new one issued in the name of the purchaser. Where a right of redemption exists. the final deed of sale executed by the sheriff in favor of the purchaser at the foreclosure sale shall be registered with the registry of deeds. shall render judgment against the defendant for any such balance for which. but the certificate of sale and the order confirming the sale shall be registered and a brief memorandum thereof made by the registrar of deeds upon the certificate of title. the certificate of title in the name of the mortgagor shall not be cancelled. the whole shall be ordered to be sold in the first instance. and a new one issued in the name of the purchaser. (6a) Section 7. If no right of redemption exists. upon which execution may issue immediately if the balance is all due at the time of the rendition of the judgment. the court. Registration. In the event the property is redeemed. there being a rebate of interest where such rebate is proper. If the property is not redeemed. — If upon the sale of any real property as provided in the next preceding section there be a balance due to the plaintiff after applying the proceeds of the sale. — A certified copy of the final order of the court confirming the sale shall be registered in the registry of deeds.

shall be recorded in the registry of deeds of the place in which the property is situated. (8a) RULE 69 Partition Section 1. (1a) Section 2. and the court shall confirm the partition so agreed upon by all the parties. after due notice to the parties to attend at such view and examination. Commissioners to make partition when parties fail to agree parties are unable to agree upon the partition. Oath and duties of commissioners commissioners shall take and subscribe an oath that they will faithfully perform their duties as commissioners. together with the order of the court confirming the same. which oath shall be filed in court with the other proceedings in the case. (n) Section 3. Order for partition and partition by agreement thereunder trial the court finds that the plaintiff has the right thereto. Thereupon the parties may. situation . and shall hear the parties as to their preference in the portion of the property to be set apart to them and the comparative value thereof. setting forth in his complaint the nature and extent of his title and an adequate description of the real estate of which partition is demanded and joining as defendants all other persons interested in the property. if they are able to agree. In making the partition. commanding them to set off to the plaintiff and to each party in interest such part and proportion of the property as the court shall direct. and shall set apart the same to the parties in lots or parcels as will be most advantageous and equitable. Complaint in action for partition of real estate right to compel the partition of real estate may do so as provided in this Rule. the commissioners shall view and examine the real estate. make the partition among themselves by proper instruments of conveyance.serve to supplement the provisions of the latter. and such partition. it shall order the partition of the real estate among all the parties in interest. (2a) A final order decreeing partition and accounting may be appealed by any party aggrieved thereby. the court shall appoint not more than three (3) competent and disinterested persons as commissioners to make the partition. (3a) Section 4. having due regard to the improvements.

accept the report and render judgment in accordance therewith. Accounting for rent and profits in action for partition partition in accordance with this Rule. if assigned or sold as above provided. Report of commissioners. between the several owners thereof. Assignment or sale of real estate by commissioners to appear to the commissioners that the real state. cannot be divided without prejudice to the interests of the parties. (4a) Section 5. (7) Section 8. upon hearing. the clerk of court shall serve copies thereof on all the interested parties with notice that they are allowed ten (10) days within which to file objections to the findings of the report. or. and the judgment shall include an allowance for such rents and profits. (5a) Section 6. for cause shown recommit the same to the commissioners for further report of facts. or the sale of the same. the court may order it assigned to one of the parties willing to take the same. (8a) .and quality of the different parts thereof. (6a) Section 7. unless one of the interested parties asks that the property be sold instead of being so assigned. or of its value. No proceeding had before or conducted by the commissioners and rendered judgment thereon. provided he pays to the other parties such amount as the commissioners deem equitable. proceedings not binding until confirmed The commissioners shall make a full and accurate report to the court of all their proceedings as to the partition. if they so desire. or the assignment of real estate to one of the parties. and may make such order and render such judgment as shall effectuate a fair and just partition of the real estate. a party shall recover from another his just share of rents and profits received by such other party from the real estate in question. Action of the court upon commissioners report of the period of ten (10) days referred to in the preceding section or even before the expiration of such period but after the interested parties have filed their objections to the report or their statement of agreement therewith the court may. in which case the court shall order the commissioners to sell the real estate at public sale under such conditions and within such time as the court may determine. or accept the report in part and reject it in part. or set aside the report and appoint new commissioners. Upon the filing of such report. or a portion thereof.

(9a) Section 10. and the effect of the judgment shall be to vest the real estate in the purchaser or purchasers making the payment or payments. Costs and expenses to be taxed and collected equitably tax and apportion between or among the parties the costs and expenses which accrue in the action. If the whole property is assigned to one of the parties upon his paying to the others the sum or sums ordered by the court. nor so as to restrict or prevent persons . If the property is sold and the sale confirmed by the court. or thing respecting the partition of real estate. which the minor or person judicially declared to be incompetent could do in partition proceedings if he were of age or competent. or destroy the right or title of any person claiming the real estate involved by title under any other person. with the approval of the court first had. free from the claims of any of the parties to the action. The judgment and its effect. (11a) Section 12. (10a) Section 11. do and perform on behalf of his ward any act. Neither paramount rights nor amicable partition affected by this Rule — Nothing in this Rule contained shall be construed so as to prejudice. including the compensation of the commissioners. and execution may issue therefor as in other cases. and the effect of the judgment shall be to vest in each party to the action in severalty the portion of the real estate assigned to him. the judgment shall state the name of the purchaser or purchasers and a definite description of the parcels of real estate sold to each purchaser. the judgment shall state the fact of such payment and of the assignment of the real estate to the party making the payment. and the effect of the judgment shall be to vest in the party making the payment the whole of the real estate free from any interest on the part of the other parties to the action. or by title paramount to the title of the parties among whom the partition may have been made. by metes and bounds and adequate description. A certified copy of the judgment shall in either case be recorded in the registry of deeds of the place in which the real estate is situated. the judgment shall state definitely. and the expenses of such recording shall be taxed as part of the costs of the action.Section 9. matter. having regard to the interests of the parties. copy to be recorded in registry of deeds If actual partition of property is made. defeat. the particular portion of the real estate assigned to each party. Power of guardian in such proceedings litem of a minor or person judicially declared to be incompetent may.

holding real estate jointly or in common from making an amicable partition thereof by agreement and suitable instruments of conveyance without recourse to an action. Lessor to proceed against lessee only after demand stipulated. (12a) Section 13. by virtue of any contract. or by serving written notice of such demand upon the person found on the premises if no person be found thereon. together with damages and costs. intimidation. vendor. or the legal representatives or assigns of any such lessor. may. strategy. or any person or persons claiming under them. — The provisions of this Rule shall apply to partitions of estates composed of personal property. express or implied. in so far as the same may be applicable. and when of the next succeeding section. Partition of personal property. a person deprived of the possession of any land or building by force. — Except in cases covered by the agricultural tenancy laws or when the law otherwise expressly provides. irrespective of the amount of damages or unpaid rentals sought to be recovered. all actions for forcible entry and unlawful detainer. or other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession. Summary procedure. (13) RULE 70 Forcible Entry and Unlawful Detainer Section 1. or a lessor. (n) . vendee. for the restitution of such possession. (1a) Section 2. vendor. shall be governed by the summary procedure hereunder provided. threat. such action by the lesser shall be commenced only after demand to pay or comply with the conditions of the lease and to vacate is made upon the lessee. Who may institute proceedings. or other person. bring an action in the proper Municipal Trial Court against the person or persons unlawfully withholding or depriving of possession. or of both real and personal property. (2a) Section 3. vendee. or stealth. at any time within one (1) year after such unlawful deprivation or withholding of possession. and the lessee fails to comply therewith after fifteen (15) days in the case of land or five (5) days in the case of buildings.

Preliminary conference. All cross-claims shall be dismissed. — The court may. — The only pleadings allowed to be filed are the complaint. dismiss the case outright on any of the grounds for the dismissal of a civil action which are apparent therein. from an examination of the allegations in the complaint and such evidence as may be attached thereto. without prejudice to the applicability of section 3 (c). the plaintiff shall likewise be entitled to . the defendant shall file his answer to the complaint and serve a copy thereof on the plaintiff. except lack of jurisdiction over the subject matter. The failure of the plaintiff to appear in the preliminary conference shall be cause for the dismissal of his complaint. (3a. The court may in its discretion reduce the amount of damages and attorney's fees claimed for being excessive or otherwise unconscionable. compulsory counterclaim and cross-claim pleaded in the answer. it shall forthwith issue summons. Affirmative and negative defenses not pleaded therein shall be deemed waived. — Within ten (10) days from service of summons. The defendant who appears in the absence of the plaintiff shall be entitled to judgment on his counterclaim in accordance with the next preceding section. Pleadings allowed. RSP) Section 8. Rule 9 if there are two or more defendants. Action on complaint. (5 RSP) Section 7. RSP) Section 5. and the answers thereto. (n) Section 6.Section 4. Answers. All pleadings shall be verified. shall render judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for therein. the court. Cross-claims and compulsory counterclaims not asserted in the answer shall be considered barred. — Should the defendant fail to answer the complaint within the period above provided. The provisions of Rule 18 on pre-trial shall be applicable to the preliminary conference unless inconsistent with the provisions of this Rule. appearance of parties (30) days after the last answer is filed. Effect of failure to answer. If no ground for dismissal is found. motion of the plaintiff. a preliminary conference shall be held. RSP) If a sole defendant shall fail to appear. (6. (7. The answer to counterclaims or cross-claims shall be served and filed within ten (10) days from service of the answer in which they are pleaded.

Period for rendition of judgment receipt of the affidavits and position papers. Record of preliminary conference termination of the preliminary conference. and . RSP) Section 10. RSP) Section 11. the court shall render judgment. (9. on the basis of the pleadings and the stipulations and admission made by the parties. 4. issue an order specifying the matters to be clarified.judgment in accordance with the next preceding section. Such other matters intended to expedite the disposition of the case. (8. judgment may be rendered without the need of further proceedings. the parties shall submit the affidavits of their witnesses and other evidence on the factual issues defined in the order. and 5. and if so. should the court find it necessary to clarify certain material facts. during the said period. including but not limited to: 1. This procedure shall not apply where one of two or more defendants sued under a common cause of action defense shall appear at the preliminary conference. Whether the parties have arrived at an amicable settlement. 2. The stipulations or admissions entered into by the parties. the court shall issue an order stating the matters taken up therein. (n) Section 9. A clear specification of material facts which remain converted. the terms thereof. together with their position papers setting forth the law and the facts relied upon by them. However. or the expiration of the period for filing the same. Whether. 3. Submission of affidavits and position papers from receipt of the order mentioned in the next preceding section. No postponement of the preliminary conference shall be granted except for highly meritorious grounds and without prejudice to such sanctions as the court in the exercise of sound discretion may impose on the movant. in which event the judgment shall be rendered within thirty (30) days from issuance of the order.

Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject matter. or failure to comply with section 12. Motion for extension of time to file pleadings. 4. shall be dismissed without prejudice. Motion to declare the defendant in default. 2. or pleadings shall not be allowed: 1. 6. or for reopening of trial.require the parties to submit affidavits or other evidence on the said matters within ten (10) days from receipt of said order. Motion for a bill of particulars. RSP) Section 13. Dilatory motions for postponement. Memoranda. Reply. 8. Judgment shall be rendered within fifteen (15) days after the receipt of the last affidavit or the expiration of the period for filing the same. 5. Prohibited pleadings and motions motions. Petition for certiorari. (n) Section 12. (18a. Referral for conciliation. Motion for new trial. or prohibition against any interlocutory order issued by the court. 7. . mandamus. 10. 3. affidavits or any other paper. The court shall not resort to the foregoing procedure just to gain time for the rendition of the judgment. Petition for relief from judgment. — Cases requiring referral for conciliation. 9. and may be revived only after that requirement shall have been complied with. or for reconsideration of a judgment. where there is no showing of compliance with such requirement.

it shall render judgment in favor of the plaintiff for the restitution of the premises. RSP) Section 15. Affidavits. Judgment. The court shall decide the motion within thirty (30) days from the filing thereof. to prevent the defendant from committing further acts of dispossession against the plaintiff. Interventions. (20. (3a) Section 16.11. the sum justly due as arrears of rent or as reasonable compensation for the use and occupation of the premises. (19a. — The judgment rendered in an action for forcible entry or detainer shall be conclusive with respect to the possession only and . present a motion in the action for forcible entry or unlawful detainer for the issuance of a writ of preliminary mandatory injunction to restore him in his possession. (4a) Section 17. 12. — The affidavits required to be submitted under this Rule shall state only facts of direct personal knowledge of the affiants which are admissible in evidence. Preliminary injunction. attorney's fees and costs. the issue of ownership shall be resolved only to determine the issue of possession. If a counterclaim is established. — If after trial court finds that the allegations of the complaint are true. Judgment conclusive only on possession involving title or ownership. — The court may grant preliminary injunction. in accordance with the provisions of Rule 58 hereof. Resolving defense of ownership defense of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership. and shall be cause to expunge the inadmissible affidavit or portion thereof from the record. A possessor deprived of his possession through forcible from the filing of the complaint. the court shall render judgment for the sum found in arrears from either party and award costs as justice requires. (6a) Section 18. RSP) Section 14. and shall show their competence to testify to the matters stated therein. Third-party complaints. A violation of this requirement may subject the party or the counsel who submits the same to disciplinary action.

by agreement of the interested parties. he deposits with the appellate court the amount of rent due from time to time under the contract. or in the absence of reasonable grounds of opposition to a motion to withdraw. Such judgment shall not bar an action between the same parties respecting title to the land or building. if any. or for justifiable reasons. and shall be held there until the final disposition of the appeal. upon motion of the plaintiff. and costs accruing down to the time of the judgment appealed from. shall decree otherwise. and upon proof of such failure. with the papers. The supersedeas bond shall be transmitted by the Municipal Trial Court. In the absence of a contract. any money paid to the court by the defendant for purposes of the stay of execution shall be disposed of . After the case is decided by the Regional Trial Court. during the pendency of the appeal. execution shall issue immediately upon motion unless an appeal has been perfected and the defendant to stay execution files a sufficient supersedeas bond. The judgment or final order shall be appealable to the appropriate Regional Trial Court which shall decide the same on the basis of the entire record of the proceedings had in the court of origin and such memoranda and/or briefs as may be submitted by the parties or required by the Regional Trial Court. damages. Immediate execution of judgment rendered against the defendant. shall order the execution of the judgment appealed from with respect to the restoration of possession.shall in no wise bind the title or affect the ownership of the land or building. to the clerk of the Regional Trial Court to which the action is appealed. but such execution shall not be a bar to the appeal taking its course until the final disposition thereof on the merits. approved by the Municipal Trial Court and executed in favor of the plaintiff to pay the rents. the appellate court. and unless. (7a) Section 19. unless the court. as determined by the judgment of the Municipal Trial Court. Should the defendant fail to make the payments above prescribed from time to time during the pendency of the appeal. All amounts so paid to the appellate court shall be deposited with said court or authorized government depositary bank. he shall deposit with the Regional Trial Court the reasonable value of the use and occupation of the premises for the preceding month or period at the rate determined by the judgment of the lower court on or before the tenth day of each succeeding month or period.

if it be a lower court. without prejudice to a further appeal that may be taken therefrom. or to subscribe an affidavit or deposition when lawfully required to do so. or by a fine not exceeding two hundred pesos or imprisonment not exceeding one (1) day. may be summarily adjudged in contempt by such court and punished by a fine not exceeding two thousand pesos or imprisonment not exceeding ten (10) days.in accordance with the provisions of the judgment of the Regional Trial Court. — The person adjudged in direct contempt by any court may not appeal therefrom. The execution of the judgment shall be suspended pending resolution of such petition. Immediate execution on appeal to Court of Appeals or Supreme Court — The judgment of the Regional Trial Court against the defendant shall be immediately executory. (10a) RULE 71 Contempt Section 1. or both. (9a) Section 21. Remedy therefrom. provided such person files a bond fixed by . (8a) Section 20. within ten (10) days from the perfection of the appeal to the Regional Trial Court. offensive personalities toward others. Preliminary mandatory injunction in case of appeal the plaintiff. damages for such deprivation of possession and restoration of possession and restoration of possession may be allowed the defendant in the judgment of the Regional Trial Court disposing of the appeal. but may avail himself of the remedies of certiorari or prohibition. In any case wherein it appears that the defendant has been deprived of the lawful possession of land or building pending the appeal by virtue of the execution of the judgment of the Municipal Trial Court. or refusal to be sworn or to answer as a witness. Direct contempt punished summarily in the presence of or so near a court as to obstruct or interrupt the proceedings before the same. including disrespect toward the court. the latter may issue a writ of preliminary mandatory injunction to restore the plaintiff in possession if the court is satisfied that the defendant's appeal is frivolous or dilatory or that the appeal of the plaintiff is prima facie meritorious. (1a) Section 2. or both. if it be a Regional Trial Court or a court of equivalent or higher rank.

or degrade the administration of justice. including the act of a person who. or judgment of a court. after being dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction. obstruct. (c) Any abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt under section 1 of this Rule. (b) Disobedience of or resistance to a lawful writ. process. (d) Any improper conduct tending. But nothing in this section shall be so construed as to prevent the court from issuing process to bring the respondent into court. (g) The rescue. to impede. (f) Failure to obey a subpoena duly served. (a) Misbehavior of an officer of a court in the performance of his official duties or in his official transactions. order. for the purpose of executing acts of ownership or possession. enters or attempts or induces another to enter into or upon such real property. (2a) Section 3.the court which rendered the judgment and conditioned that he will abide by and perform the judgment should the petition be decided against him. and acting as such without authority. and an opportunity given to the respondent to comment thereon within such period as may be fixed by the court and to be heard by himself or counsel. or from holding him in custody pending such proceedings. a person guilty of any of the following acts may be punished for indirect contempt. of a person or property in the custody of an officer by virtue of an order or process of a court held by him. directly or indirectly. (3a) . Indirect contempt to be punished after charge and hearing charge in writing has been filed. or attempted rescue. (e) Assuming to be an attorney or an officer of a court. or in any manner disturbs the possession given to the person adjudged to be entitled thereto.

(n) Section 5. the petition for contempt shall allege that fact but said petition shall be docketed. Punishment for indirect contempt guilty of indirect contempt committed against a Regional Trial Court or a court of equivalent or higher rank. In all other cases.Section 4. Hearing. On the day set therefor. charges for indirect contempt shall be commenced by a verified petition with supporting particulars and certified true copies of documents or papers involved therein. 803. he may be punished by a fine not exceeding five thousand pesos or imprisonment not exceeding one (1) month. the respondent may be released from custody upon filing a bond. or both. for his appearance at the hearing of the charge. the court shall proceed to investigate the charge and consider such comment. Bar Matter No. heard and decided separately. (5a) Section 7. 21 July 1998) Section 6. How proceedings commenced. release on bail. Where such contempt has been committed against a lower court. unless the court in its discretion orders the consolidation of the contempt charge and the principal action for joint hearing and decision. — Where the charge for indirect contempt has been committed against a Regional Trial Court or a court of equivalent or higher rank. he may be punished by a fine not exceeding thirty thousand pesos or imprisonment not exceeding six (6) months. the charge may be filed with such court. or against an officer appointed by it. — Proceedings for indirect contempt may be initiated motu propio by the court against which the contempt was committed by an order or any other formal charge requiring the respondent to show cause why he should not be punished for contempt. but the proceedings may also be instituted in such lower court subject to appeal to the Regional Trial Court of such place in the same manner as provided in section 11 of this Rule. — If the hearing is not ordered to be had forthwith. in an amount fixed by the court. If the contempt consists in the violation of a writ of injunction. Where charge to be filed. temporary restraining order or . testimony or defense as the respondent may make or offer. and upon full compliance with the requirements for filing initiatory pleadings for civil actions in the court concerned. or both. the charge may be filed with the Regional Trial Court of the place in which the lower court is sitting. (4a. If the contempt charges arose out of or are related to a principal action pending in the court. If he is adjudged guilty of contempt committed against a lower court.

as in ordinary civil actions. Imprisonment until order obeyed refusal or omission to do an act which is yet in the power of the respondent to perform. with the costs of the proceedings. (6a) Section 8. Review of judgment or final order final order of a court in a case of indirect contempt may be appealed to the proper court as in criminal cases. (9a) Section 11. (8a) Section 10. shall issue for the enforcement of a judgment imposing a fine unless the court otherwise provides. — The court which issued the order imprisoning a person for contempt may discharge him from imprisonment when it appears that public interest will not be prejudiced by his release. But execution of the judgment or final order shall not be suspended until a bond is filed by the person adjudged in contempt. entities. Contempt against quasi-judicial entities Find a notebook by law. and. in an amount fixed by the court from which the appeal is taken. If there is no aggrieved party. conditioned that if the appeal be decided against him he will abide by and perform the judgment or final order. this Rule shall apply to contempt committed against persons. the measure of damages shall be the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the contempt charge was prosecuted. Proceeding when party released on bail fails to answer respondent released on bail fails to appear on the day fixed for the hearing. he may be imprisoned by order of the court concerned until he performs it. the court may issue another order of arrest or may order the bond for his appearance to be forfeited and confiscated. (10a) Untitled note Section 12. and such recovery shall be for the benefit of the party injured. (7a) Section 9. bodies or agencies exercising quasi-judicial functions.be ordered to make complete restitution to the party injured by such violation of the property involved or such amount as may be alleged and proved. the bond shall be liable and disposed of as in criminal cases. if the bond be proceeded against. The Regional Trial Court of the place BSP Regulations on Report … . The writ of execution. Bangko or Sentral shall ng have Pilipinas suppletory effect to such rules as they may have adopted pursuant to authority granted BSP General Examination 2… to them by law to punish for contempt. or both. Court may release respondent.

0. Upgrade to Premium Clip To: Share Article Simplified Article Save Full page Bookmark Tadili Screenshot .wherein the contempt has been committed shall have jurisdiction over such Law charges as may be filed therefor..250 Web Clipper tutorial Options Sign out of Tadili Saving clip.1..0.4: 492adde/1.Arellano Law Foundation Commercial Law Review Conflicts of Law Criminal Law Review Add tag Add comments Version 6. (n) Civil Law Review BSP Regulations on Report … The Lawphil Project .