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RULE 1 GENERAL PROVISONS Section 1. Title of the Rules. .

These Rules shall be known and cited as the Rules of Court. Sec. 2. In what courts applicable. These Rules shall apply in all the courts, except as otherwise provided by the Supre e Court. Sec. !. Cases "overned. These Rules shall "overn the procedure to be observed in actions, civil or cri inal, and special proceedin"s. #a$ % civil action is one by which a party sues another for the enforce ent or protection of a ri"ht, or the prevention or redress of a wron". % civil action ay either be ordinary or special. &oth are "overned by the rules for ordinary civil actions, sub'ect to the specific rules prescribed for a special civil action. #b$ % cri inal action is one by which the State pro secutes a person for an act or o ission punishable by law. #c$ % special proceedin" is a re edy by which a party seeks to establish a status, a ri"ht, or a particular fact. Sec. (. In what cases not applicable. These Rules shall not apply to election cases, land re"istration, cadastral, naturali)ation and insolvency proceedin"s, and other cases not herein provided for, except by analo"y or in a suppletory character and whenever practicable and convenient. Sec. *. Co ence ent of action.

% civil action is co enced by the filin" of the ori"inal co plaint in court. If an additional defendant is i pleaded in a later pleadin", the action is co enced with re"ard to hi on the date of the filin" of such later pleadin", irrespective of whether the otion for its ad ission, if necessary, is denied by the court. Sec. +. Construction. These Rules shall be liberally construed in order to pro ote their ob'ective of securin" a 'ust, speedy and inexpensive disposition of every action and proceedin".

CIVIL ACTIONS ORDINARY CIVIL ACTIONS ,Rules 2 to *R./0 2 CAUSE OF ACTION Section 1. 1rdinary civil actions, basis of. . 0very ordinary civil action ust be based on a cause of action.

Sec. 2. Cause of action, defined. % cause of action is the act or o ission by which a party violates a ri"ht of another. Sec. !. 1ne suit for a sin"le cause of action. % party ay not institute ore than one suit for a sin"le cause of action.

Sec. (. Splittin" a sin"le cause of action2 effect of. If two or ore suits are instituted on the basis of the sa e cause of action, the filin" of one or a 'ud" ent upon the erits in any one is available as a "round for the dis issal of the others. Sec. *. 3oinder of causes of action. % party ay in one pleadin" assert, in the alternative or otherwise, as any causes of action as he ay have a"ainst an opposin" party, sub'ect to the followin" conditions4chanroblesvirtuallawlibrary #a$ The party 'oinin" the causes of action shall co ply with the rules on 'oinder of parties2 #b$ The 'oinder shall not include special civil actions or actions "overned by special rules2 #c$ 5here the causes of action are between the sa e parties but pertain to different venues or 'urisdictions, the 'oinder ay be allowed in the Re"ional Trial Court provided one of the causes of action falls within the 'urisdiction of said court and the venue lies therein2 and . #d$ 5here the clai s in all the causes of action are principally for recovery of a""re"ate a ount clai ed shall be the test of 'urisdiction. . Sec. +. 6is'oinder of causes of action. 6is'oinder of causes of action is not a "round for dis issal of an action. % is'oined cause of action ay, on otion of a party or on the initiative of the court, be severed and proceeded with separately. oney, the

RULE 3 PARTIES TO CIVIL ACTIONS Section 1. 5ho ay be parties2 plaintiff and defendant. .

1nly natural or 'uridical persons, or entities authori)ed by law ay be parties in a civil action. The ter 7plaintiff7 ay refer to the clai in" party, the counter8clai ant, the cross8 clai ant, or the third #fourth, etc.$ party plaintiff. The ter 7defendant7 ay refer to the ori"inal defendin" party, the defendant in a counterclai , the cross8defendant, or the third #fourth, etc.$ party defendant. Sec. 2. 9arties in interest. % real party in interest is the party who stands to be benefited or in'ured by the 'ud" ent in the suit, or the party entitled to the avails of the suit. .nless otherwise authori)ed by law or these Rules, every action ust be pro secuted or defended in the na e of the real party in interest. Sec. !. Representatives as parties. 5here the action is allowed to be pro secuted or defended by a representative or so eone actin" in a fiduciary capacity, the beneficiary shall be included in the title of the case and shall be dee ed to be the real party in interest. % representative ay be a trustee of an express trust, a "uardian, an executor or ad inistrator, or a party authori)ed by law or these Rules. %n a"ent actin" in his own na e and for the benefit of an undisclosed principal ay sue or be sued without 'oinin" the principal except when the contract involves thin"s belon"in" to the principal. Sec. (. Spouses as parties. :usband and wife shall sue or be sued 'ointly, except as provided by law. Sec. *. 6inor or inco petent persons. % inor or a person alle"ed to be inco petent, ay sue or be sued, with the assistance of his father, other, "uardian, or if he has none, a "uardian ad lite . Sec. +. 9er issive 'oinder of parties. %ll persons in who or a"ainst who any ri"ht to relief in respect to or arisin" out of the sa e transaction or series of transactions is alle"ed to exist, whether 'ointly, severally, or in the alternative, ay, except as otherwise provided in these Rules, 'oin as plaintiffs or be 'oined as defendants in one co plaint, where any ;uestion of law or fact co on to all such plaintiffs or to all such defendants ay arise in the action2 but the court ay ake such orders as ay be 'ust to prevent any plaintiff or defendant fro bein" e barrassed or put to expense in connection with any proceedin"s in which he ay have no interest. Sec. <. Co pulsory 'oinder of indispensable parties.

9arties in interest without who no final deter ination can be had of an action shall be 'oined either as plaintiffs or defendants. Sec. =. >ecessary party. % necessary party is one who is not indispensable but who ou"ht to be 'oined as a party if co plete relief is to be accorded as to those already parties, or for a co plete deter ination or settle ent of the clai sub'ect of the action. Sec. ?. >on8'oinder of necessary parties to be pleaded. 5henever in any pleadin" in which a clai is asserted a necessary party is not 'oined, the pleader shall set forth his na e, if known, and shall state why he is o itted. Should the court find the reason for the o ission un eritorious, it ay order the inclusion of the o itted necessary party if 'urisdiction over his person ay be obtained. The failure to co ply with the order for his inclusion, without 'ustifiable cause, shall be dee ed a waiver of the clai a"ainst such party. The non8inclusion of a necessary party does not prevent the court fro proceedin" in the action, and the 'ud" ent rendered therein shall be without pre'udice to the ri"hts of such necessary party. . Sec. 1@. .nwillin" co8plaintiff. If the consent of any party who should be 'oined as plaintiff can not be obtained, he ade a defendant and the reason therefor shall be stated in the co plaint. Sec. 11. 6is'oinder and non8'oinder of parties. >either is'oinder nor non8'oinder of parties is "round for dis issal of an action. 9arties ay be dropped or added by order of the court on otion of any party or on its own initiative at any sta"e of the action and on such ter s as are 'ust. %ny clai a"ainst a is'oined party ay be severed and proceeded with separately. Sec. 12. Class suit. 5hen the sub'ect atter of the controversy is one of co on or "eneral interest to any persons so nu erous that it is i practicable to 'oin all as parties, a nu ber of the which the court finds to be sufficiently nu erous and representative as to fully protect the interests of all concerned ay sue or defend for the benefit of all. %ny party in interest shall have the ri"ht to intervene to protect his individual interest. Sec. 1!. %lternative defendants. 5here the plaintiff is uncertain a"ainst who of several persons he is entitled to relief, he ay 'oin any or all of the as defendants in the alternative, althou"h a ri"ht to relief a"ainst one ay be inconsistent with a ri"ht of relief a"ainst the other. ay be

Sec. 1(. .nknown identity or na e of defendant.

5henever the identity or na e of a defendant is unknown, he ay be sued as the unknown owner, heir, devisee, or by such other desi"nation as the case ay re;uire2 when his identity or true na e is discovered, the pleadin" ust be a ended accord Sec. 1*. 0ntity without 'uridical personality as defendant. 5hen two or ore persons not or"ani)ed as an entity with 'uridical personality enter into a transaction, they ay be sued under the na e by which they are "enerally or co only known. In the answer of such defendant, the na es and addresses of the persons co posin" said entity ust all be revealed. . Sec. 1+. Aeath of party2 duty of counsel. 5henever a party to a pendin" action dies, and the clai is not thereby extin"uished, it shall be the duty of his counsel to infor the court within thirty #!@$ days after such death of the fact thereof, and to "ive the na e and address of his le"al representative or representatives. Bailure of counsel to co ply with this duty shall be a "round for disciplinary action. The heirs of the deceased ay be allowed to be substituted for the deceased, without re;uirin" the appoint ent of an executor or ad inistrator and the court ay appoint a "uardian ad lite for the inor heirs. The court shall forthwith order said le"al representative or representatives to appear and be substituted within a period of thirty #!@$ days fro notice. . If no le"al representative is na ed by the counsel for the deceased party, or if the one so na ed shall fail to appear within the specified period, the court ay order the opposin" party, within a specified ti e, to procure the appoint ent of an executor or ad inistrator for the estate of the deceased and the latter shall i ediately appear for and on behalf of the deceased. The court char"es in procurin" such appoint ent, if defrayed by the opposin" party, ay be recovered as costs. . Sec. 1<. Aeath or separation of a party who is a public officer. 5hen a public officer is a party in an action in his official capacity and durin" its pendency dies, resi"ns, or otherwise ceases to hold office, the action ay be continued and aintained by or a"ainst his successor if, within thirty #!@$ days after the successor takes office or such ti e as ay be "ranted by the court, it is satisfactorily shown to the court by any party that there is a substantial need for continuin" or aintainin" it and that the successor adopts or continues or threatens to adopt or continue the action of his predecessor. &efore a substitution is ade, the party or officer to be affected, unless expressly assentin" thereto, shall be "iven reasonable notice of the application therefor and accorded an opportunity to be heard. Sec. 1=. Inco petency or incapacity.

If a party beco es inco petent or incapacitated, the court, upon otion with notice, ay allow the action to be continued by or a"ainst the inco petent or incapacitated person assisted by his le"al "uardian or "uardian ad lite . Sec. 1?. Transfer of interest. In case of any transfer of interest, the action ay be continued by or a"ainst the ori"inal party, unless the court upon otion directs the person to who the interest is transferred to be substituted in the action or 'oined with the ori"inal party. Sec. 2@. %ction on contractual oney clai s.

5hen the action is for recovery of oney arisin" fro contract, express or i plied, and the defendant dies before entry of final 'ud" ent in the court in which the action was pendin" at the ti e of such death, it shall not be dis issed but shall instead be allowed to continue until entry of final 'ud" ent. % favorable 'ud" ent obtained by the plaintiff therein shall be enforced in the anner especially provided in these Rules for pro secutin" clai s a"ainst the estate of a deceased person. Sec. 21. Indi"ent party. % party ay be authori)ed to liti"ate his action, clai or defense as an indi"ent if the court, upon an ex parte application and hearin", is satisfied that the party is one who has no oney or property sufficient and available for food, shelter and basic necessities for hi self and his fa ily. Such authority shall include an exe ption fro pay ent of docket and other lawful fees, and of transcripts of steno"raphic notes which the court ay order to be furnished hi . The a ount of the docket and other lawful fees which the indi"ent was exe pted fro payin" shall be a lien on any 'ud" ent rendered in the case favorable to the indi"ent, unless the court otherwise provides. . %ny adverse party ay contest the "rant of such authority at any ti e before 'ud" ent is rendered by the trial court. If the court should deter ine after hearin" that the party declared as an indi"ent is in fact a person with sufficient inco e or property, the proper docket and other lawful fees shall be assessed and collected by the clerk of court. If pay ent is not ade within the ti e fixed by the court, execution shall issue for the pay ent thereof, without pre'udice to such other sanctions as the court ay i pose. . Sec. 22. >otice to the Solicitor Ceneral. In any action involvin" the validity of any treaty, law, ordinance, executive order, presidential decree, rules or re"ulations, the court, in its discretion, ay re;uire the appearance of the Solicitor Ceneral who ay be heard in person or throu"h a representative duly desi"nated by hi .

RULE 4 VENUE OF ACTIONS Section 1. Denue of real actions. . %ctions affectin" title to or possession of real property, or interest therein, shall be co enced and tried in the proper court which has 'urisdiction over the area wherein the real property involved, or a portion thereof, is situated. Borcible entry and detainer actions shall be co enced and tried in the unicipal trial court of the unicipality or city wherein the real property involved, or a portion thereof, is situated. . Sec. 2. Denue of personal actions. %ll other actions ay be co enced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non8resident defendant where he ay be found, at the election of the plaintiff. Sec. !. Denue of actions a"ainst non8residents. If any of the defendants does not reside and is not found in the 9hilippines, and the action affects the personal status of the plaintiff, or any property of said defendant located in the 9hilippines, the action ay be co enced and tried in the court of the place where the plaintiff resides, or where the property or any portion thereof is situated or found. Sec. (. 5hen Rule not applicable. This Rule shall not apply4chanroblesvirtuallawlibrary #a$ In those cases where a specific rule or law provides otherwise2 or #b$ 5here the parties have validly a"reed in writin" before the filin" of the action on the exclusive venue thereof. RULE 5 UNIFORM PROCEDURE IN TRIAL COURTS Section 1. .nifor procedure. .

The procedure in the 6unicipal Trial Courts shall be the sa e as in the Re"ional Trial Courts, except #a$ where a particular provision expressly or i pliedly applies only to either of said courts, or #b$ in civil cases "overned by the Rule on Su ary 9rocedure. Sec. 2. 6eanin" of ter s.

The ter 76unicipal Trial Courts7 as used in these Rules shall include 6etropolitan Trial Courts, 6unicipal Trial Courts in Cities, 6unicipal Trial Courts, and 6unicipal Circuit Trial Courts.

RULE 6 KINDS OF PLEADINGS Section 1. 9leadin"s defined.

9leadin"s are the written state ents of the respective clai s and defenses of the parties sub itted to the court for appropriate 'ud" ent. Sec. 2. 9leadin"s allowed.

The clai s of a party are asserted in a co plaint, counterclai , cross8clai , third #fourth, etc.$ party co plaint, or co plaint8in8intervention. The defenses of a party are alle"ed in the answer to the pleadin" assertin" a clai hi . %n answer ay be responded to by a reply. a"ainst

Sec. !. Co plaint.

The co plaint is the pleadin" alle"in" the plaintiffEs cause or causes of action. The na es and residences of the plaintiff and defendant ust be stated in the co plaint. Sec. (. %nswer.

%n answer is a pleadin" in which a defendin" party sets forth his defenses. Sec. *. Aefenses.


ay either be ne"ative or affir ative.

#a$ % ne"ative defense is the specific denial of the aterial fact or facts alle"ed in the pleadin" of the clai ant essential to his cause or causes of action. #b$ %n affir ative defense is an alle"ation of a new atter which, while hypothetically ad ittin" the aterial alle"ations in the pleadin" of the clai ant, would nevertheless prevent or bar recovery by hi . The affir ative defenses include fraud, statute of

li itations, release, pay ent, ille"ality, statute of frauds, estoppel, for er recovery, dischar"e in bankruptcy, and any other atter by way of confession and avoidance. Sec. +. Counterclai .

% counterclai

is any clai

which a defendin" party

ay have a"ainst an opposin" party.

Sec. <. Co pulsory counterclai .

% co pulsory counterclai is one which, bein" co"ni)able by the re"ular courts of 'ustice, arises out of or is connected with the transaction or occurrence constitutin" the sub'ect atter of the opposin" partyEs clai and does not re;uire for its ad'udication the presence of third parties of who the court cannot ac;uire 'urisdiction. Such a counterclai ust be within the 'urisdiction of the court both as to the a ount and the nature thereof, except that in an ori"inal action before the Re"ional Trial Court, the counterclai ay be considered co pulsory re"ardless of the a ount. Sec. =. Cross8clai . % cross8clai is any clai by one party a"ainst a co8party arisin" out of the transaction or occurrence that is the sub'ect atter either of the ori"inal action or of a counterclai therein. Such cross8clai ay include a clai that the party a"ainst who it is asserted is or ay be liable to the cross8clai ant for all or part of a clai asserted in the action a"ainst the cross8clai ant. Sec. ?. Counter8counterclai s and counter8cross8clai s.

% counterclai % cross8clai Sec. 1@. Reply.

ay be asserted a"ainst an ori"inal counter8clai ant. ay also be filed a"ainst an ori"inal cross8clai ant.

% reply is a pleadin", the office or function of which is to deny, or alle"e facts in denial or avoidance of new atters alle"ed by way of defense in the answer and thereby 'oin or ake issue as to such new atters. If a party does not file such reply, all the new atters alle"ed in the answer are dee ed controverted. If the plaintiff wishes to interpose any clai s arisin" out of the new clai s shall be set forth in an a ended or supple ental co plaint. Sec. 11. Third, #fourth, etc.$ party co plaint. atters so alle"ed, such

% third #fourth, etc.$ party co plaint is a clai that a defendin" party ay, with leave of court, file a"ainst a person not a party to the action, called the third #fourth, etc.$ party defendant, for contribution, inde nity, subro"ation or any other relief, in respect of his opponentEs clai . Sec. 12. &rin"in" new parties.

5hen the presence of parties other than those to the ori"inal action is re;uired for the "rantin" of co plete relief in the deter ination of a counterclai or cross8clai , the court shall order the to be brou"ht in as defendants, if 'urisdiction over the can be obtained. Sec. 1!. %nswer to third #fourth, etc.$ party co plaint.

% third #fourth, etc.$ party defendant ay alle"e in his answer his defenses, counterclai s or cross8clai s, includin" such defenses that the third #fourth, etc.$ party plaintiff ay have a"ainst the ori"inal plaintiffEs clai . In proper cases, he ay also assert a counterclai a"ainst the ori"inal plaintiff in respect of the latterEs clai a"ainst the third8party plaintiff.

RULE 7 PARTS OF A PLEADING Section 1. Caption.

The caption sets forth the na e of the court, the title of the action, and the docket nu ber if assi"ned. The title of the action indicates the na es of the parties. They shall all be na ed in the ori"inal co plaint or petition2 but in subse;uent pleadin"s, it shall be sufficient if the na e of the first party on each side be stated with an appropriate indication when there are other parties. Their respective participation in the case shall be indicated. Sec. 2. The body.

The body of the pleadin" sets forth its desi"nation, the alle"ations of the partyEs clai s or defenses, the relief prayed for, and the date of the pleadin". #a$ 9ara"raphs. 8 The alle"ations in the body of a pleadin" shall be divided into para"raphs so nu bered as to be readily identified, each of which shall contain a state ent of a sin"le

set of circu stances so far as that can be done with convenience. % para"raph referred to by its nu ber in all succeedin" pleadin"s.

ay be

#b$ :eadin"s. 8 5hen two or ore causes of action are 'oined, the state ent of the first shall be prefaced by the words 7first cause of action,7 of the second by 7second cause of action,7 and so on for the others. 5hen one or ore para"raphs in the answer are addressed to one of several causes of action in the co plaint, they shall be prefaced by the words 7answer to the first cause of action7 or 7answer to the second cause of action7 and so on2 and when one or ore para"raphs of the answer are addressed to several causes of action, they shall be prefaced by words to that effect. #c$ Relief. 8 The pleadin" shall specify the relief sou"ht, but it ay add a "eneral prayer for such further or other relief as ay be dee ed 'ust or e;uitable. #d$ Aate. 8 0very pleadin" shall be dated. Sec. !. Si"nature and address.

0very pleadin" ust be si"ned by the party or counsel representin" hi , statin" in either case his address which should not be a post office box. The si"nature of counsel constitutes a certificate by hi that he has read the pleadin"2 that to the best of his knowled"e, infor ation, and belief there is "ood "round to support it2 and that it is not interposed for delay. %n unsi"ned pleadin" produces no le"al effect. :owever, the court ay, in its discretion, allow such deficiency to be re edied if it shall appear that the sa e was due to ere inadvertence and not intended for delay. Counsel who deliberately files an unsi"ned pleadin", or si"ns a pleadin" in violation of this Rule, or alle"es scandalous or indecent atter therein, or fails to pro ptly report to the court a chan"e of his address, shall be sub'ect to appropriate disciplinary action. Sec. (. Derification. 0xcept when otherwise specifically re;uired by law or rule, pleadin"s need not be under oath, verified or acco panied by affidavit. % pleadin" is verified by an affidavit that the affiant has read the pleadin" and that the alle"ations therein are true and correct of his knowled"e and belief. % pleadin" re;uired to be verified which contains a verification based on 7infor ation and belief,7 or upon 7knowled"e, infor ation and belief,7 or lacks a proper verification, shall be treated as an unsi"ned pleadin". Sec. *. Certification a"ainst foru shoppin".

The plaintiff or principal party shall certify under oath in the co plaint or other initiatory pleadin" assertin" a clai for relief, or in a sworn certification annexed thereto and si ultaneously filed therewith4 #a$ that he has not theretofore co enced any action or filed any clai involvin" the sa e issues in any court, tribunal or ;uasi8'udicial a"ency and, to the best of his knowled"e, no such other action or clai is pendin" therein2 #b$ if there is such other pendin" action or clai , a co plete state ent of the present status thereof2 and #c$ if he should thereafter learn that the sa e or si ilar action or clai has been filed or is pendin", he shall report that fact within five #*$ days therefro to the court wherein his aforesaid co plaint or initiatory pleadin" has been filed. Bailure to co ply with the fore"oin" re;uire ents shall not be curable by ere a end ent of the co plaint or other initiatory pleadin" but shall be cause for the dis issal of the case without pre'udice, unless otherwise provided, upon otion and after hearin". The sub ission of a false certification or non8co pliance with any of the undertakin"s therein shall constitute indirect conte pt of court, without pre'udice to the correspondin" ad inistrative and cri inal actions. If the acts of the party or his counsel clearly constitute willful and deliberate foru shoppin", the sa e shall be "round for su ary dis issal with pre'udice and shall constitute direct conte pt, as well as a cause for ad inistrative sanctions.

RULE 110 PROSECUTION OF OFFENSES Section 1. :ow instituted.

Bor offenses not sub'ect to the rule on su ary procedure in special cases, the institution of cri inal actions shall be as follows4chanroblesvirtuallawlibrary #a$ Bor offenses fallin" under the 'urisdiction of the Re"ional Trial Courts, by filin" the co plaint with the appropriate officer for the purpose of conductin" the re;uisite preli inary investi"ation therein2 #b$ Bor offenses fallin" under the 'urisdiction of the 6unicipal Trial Courts and 6unicipal Circuit Trial Courts, by filin" the co plaint or infor ation directly with the said courts, or a co plaint with the fiscalFs office. :owever, in 6etropolitan 6anila and other chartered cities, the co plaint ay be filed only with the office of the fiscal. In all cases, such institution shall interrupt the period of prescription of the offense char"ed. Sec. 2. The co plaint or infor ation.

The co plaint or infor ation shall be in writin" in the na e of the 9eople of the 9hilippines a"ainst all persons who appear to be responsible for the offense involved. Sec. !. Co plaint defined.

Co plaint is a sworn written state ent char"in" a person with an offense, subscribed by the offended party, any peace officer or the republic officer char"ed with the enforce ent of the law violated. Sec. (. Infor ation defined.

%n infor ation is an accusation in writin" char"in" a person with an offense subscribed by the fiscal and filed with the court. Sec. *. 5ho ust prosecute cri inal actions.

%ll cri inal actions either co enced by co plaint or by infor ation shall be pro secuted under the direction and control of the fiscal. :owever, in the 6unicipal Trial Courts or 6unicipal Circuit Trial Courts when there is no fiscal available, the offended party, any peace officer or public officer char"ed with the enforce ent of the law violated ay prosecute the case. This authority ceases upon actual intervention of the fiscal or upon elevation of the case to the Re"ional Trial Court. The cri es of adultery and concubina"e shall not be pro secuted except upon a co plaint filed by the offended spouse. The offended party cannot institute cri inal pro secution without includin" both the "uilty parties, if they are both alive, nor, in any case, if the offended party has consented to the offense or pardoned the offenders. The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted except upon a co plaint filed by the offended party or her parents, "randparents, or "uardian, nor, in any case, if the offender has been expressly pardoned by the above8na ed persons, as the case ay be. In case the offended party dies or beco es incapacitated before she could file the co plaint and has no known parents, "randparents or "uardian, the State shall initiate the cri inal action in her behalf. The offended party, even if she were a inor, has the ri"ht to initiate the pro secution for the above offenses, independently of her parents, "randparents or "uardian, unless she is inco petent or incapable of doin" so upon "rounds other than her inority. 5here the offended party who is a inor fails to file the co plaint, her parents, "randparents, or "uardian ay file the sa e. The ri"ht to file the action "ranted to the parents, "randparents or "uardian shall be exclusive of all other persons and shall be exercised successively in the order herein provided, except as stated in the i ediately precedin" para"raph. >o cri inal actions or defa ation which consists in the i putation of an offense entioned above, shall be brou"ht except at the instance of and upon co plaint filed by the offended party. Sec. +. Sufficiency of co plaint or infor ation.

% co plaint or infor ation is sufficient if it states the na e of the accused2 the desi"nation of the offense by the statute2 the acts or o issions co plained of as constitutin" the offense2 the na e of the offended party2 the approxi ate ti e of the co ission of the offense, and the place wherein the offense was co itted. 5hen an offense is co itted by co plaint or infor ation. ore than one person, all of the shall be included in the

Sec. <. >a e of accused.

% co plaint or infor ation ust state the na e and surna e of the accused or any appellation or nickna e by which he has been or is known, or if his na e cannot be discovered he ust be described under a fictitious na e with a state ent that his true na e is unknown. If in the course of the proceedin" the true na e of the accused is disclosed by hi , or appears in so e other anner to the court, the true na e of the accused shall be inserted in the co plaint or infor ation and record.

Sec. =. Aesi"nation of the offense. 5henever possible, a co plaint or infor ation should state the desi"nation "iven to the offense by the statute, besides the state ent of the acts or o issions constitutin" the sa e, and if there is no such desi"nation, reference should be ade to the section or subsection of the statute punishin" it. Sec. ?. Cause of accusation. The acts or o issions co plained of as constitutin" the offense ust be stated in ordinary and concise lan"ua"e without repetition, not necessarily in the ter s of the statute definin" the offense, but in such for as is sufficient to enable a person of co on understandin" to knowwhat offense is intended to be char"ed, and enable the court to pronounce proper 'ud" ent. Sec. 1@. 9lace of the co ission of the offense.

The co plaint or infor ation is sufficient if it can be understood therefro that the offense was co itted or so e of the essential in"redients thereof occurred at so e place within the 'urisdiction of the court, unless the particular place wherein it was co itted constitutes an essential ele ent of the offense or is necessary for identifyin" the offense char"ed. Sec. 11. Ti e of the co ission of the offense.

It is not necessary to state in the co plaint or infor ation the precise ti e at which the offense was co itted except when ti e is a aterial in"redient of the offense, but the act ay be alle"ed to have been co itted at any ti e as near to the actual date at which the offense was co itted as the infor ation or co plaint will per it. Sec. 12. >a e of the offended party.

% co plaint or infor ation ust state the na e and surna e of the person a"ainst who or a"ainst whose property the offense was co itted, or any appellation or nickna e by which such person has been or is known, and if there is no better way of identifyin" hi , he ust be described under a fictitious na e. #a$ In case of offenses a"ainst property, if the na e of the offended party is unknown, the property, sub'ect atter of the offense, ust be described with such particularity as to properly identify the particular offense char"ed. #b$ If in the course of the trial the true na e of the person a"ainst who or a"ainst whose property the offense was co itted is disclosed or ascertained, the court ust cause the true na e to be inserted in the co plaint or infor ation, or record. #c$ If the offended party is a corporation or any other 'uridical person, it is sufficient to state the na e of such corporation or 'uridical person, or any na e or desi"nation by which it has been or is known, or by which it ay be identified, without necessity of averrin" that it is a corporation, or that it is or"ani)ed in accordance with law. Sec. 1!. Auplicity of offense. % co plaint or infor ation ust char"e but one offense, except only in those cases in which existin" laws prescribe a sin"le punish ent for various offenses. Sec. 1(. % end ent. The infor ation or co plaint ay be a ended, in substance or for , without leave of court, at any ti e before the accused pleads2 and thereafter and durin" the trial as to all atters of for , by leave and at the discretion of the court, when the sa e can be done without pre'udice to the ri"hts of the accused. If it appears at any ti e before 'ud" ent that a istake has been ade in char"in" the proper offense, the court shall dis iss the ori"inal co plaint or infor ation upon the filin" of a new one char"in" the proper offense in accordance with Rule 11?, Section 11, provided the accused would not be placed thereby in double 'eopardy, and ay also re;uire the witnesses to "ive bail for their appearance at the trial. Sec. 1*. 9lace where action is to be instituted. #a$ Sub'ect to existin" laws, in all cri inal pro secutions the action shall be instituted and tried in the court of the unicipality or territory wherein the offense was co itted or any one of the essential in"redients thereof took place. #b$ 5here an offense is co itted on a railroad train, in an aircraft, or in any other public or private vehicle while in the course of its trip, the cri inal action ay be instituted and tried in the court of any unicipality or territory where such train, aircraft or other vehicle passed durin" such trip, includin" the place of departure and arrival. #c$ 5here an offense is co itted on board a vessel in the course of its voya"e, the cri inal action ay be instituted and tried in the proper court of the first port of entry or of

any unicipality or territory throu"h which the vessel passed durin" such voya"e sub'ect to the "enerally accepted principles of international law. #d$ 1ther cri es co itted outside of the 9hilippines but punishable therein under %rticle 2 of the Revised 9enal Code shall be co"ni)able by the proper court in which the char"e is first filed. Sec. 1+. Intervention of the offended party in cri inal action. .nless the offended party has waived the civil action or expressly reserved the ri"ht to institute it separately fro the cri inal action, and sub'ect to the provision of Section * hereof, he ay intervene by counsel in the pro secution of the offense.