RULES OF COURT

For the use of: Jackylin M. Quibolen June 2008

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1997 RULES OF CIVIL PROCEDURE, AS AMENDED (RULES 1 71, RULES OF COURT! EFFECTIVE "UL# 1, 1997 Per Resolution of the Supreme Court in Bar Matter No. 803 Adopted in Baguio City on April 8, !!" RULES OF COURT Pursuant to the provisions of section 5 (5) of Article !!! of the "onstitution# the $upre%e "ourt hereby a&opts an& pro%ul'ates the follo(in' rules concernin' the protection an& enforce%ent of constitutional ri'hts# plea&in'# practice an& proce&ure in all courts# the a&%ission to the practice of la(# the !nte'rate& )ar# an& le'al assistance to the un&erprivile'e&*

RULE 1 $e%er&' Pro()s)o%s Se*t)o% 1+ #itle of the Rules. � +hese ,ule shall be kno(n an& cite& as the ,ules of "ourt. (-) Se*t)o% ,+ $n %hat &ourts appli&a'le. � +hese ,ules shall apply in all the courts# e.cept as other(ise provi&e& by the $upre%e "ourt. (n) Se*t)o% -+ Cases go(erned. � +hese ,ules shall 'overn the proce&ure to be observe& in actions# civil or cri%inal an& special procee&in's. (a) A civil action is one by (hich a party sues another for the enforce%ent or protection of a ri'ht# or the prevention or re&ress of a (ron'# (-a# ,2) A civil action %ay either be or&inary or special. )oth are 'overne& by the rules for or&inary civil actions# sub/ect to the specific rules prescribe& for a special civil action. (n) (b) A cri%inal action is one by (hich the $tate prosecutes a person for an act or o%ission punishable by la(. (n) (c) A special procee&in' is a re%e&y by (hich a party seeks to establish a status# a ri'ht# or a particular fact. (2a# ,2) Se*t)o% .+ $n %hat &ase not appli&a'le. � +hese ,ules shall not apply to election cases# lan& re'istration# ca&astral# naturali0ation an& insolvency procee&in's# an& other cases not herein provi&e& for# e.cept by analo'y or in a suppletory character an& (henever practicable an& convenient. (,-12a) Se*t)o% /+ Commen&ement of a&tion. � A civil action is co%%ence& by the filin' of the ori'inal co%plaint in court. !f an a&&itional &efen&ant is i%plea&e& in a later plea&in'# the action is co%%ence& (ith re'ar& to hi% on the &ate& of the filin' of such later plea&in'# irrespective of (hether the %otion for its a&%ission# if necessary# is &enie& by the court. (3a)

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Se*t)o% 0+ Constru&tion. � +hese ,ules shall be liberally construe& in or&er to pro%ote their ob/ective of securin' a /ust# spee&y an& ine.pensive &isposition of every action an& procee&in'. (2a)

C)()' A*t)o%s Or1)%&r2 C)()' A*t)o%s

RULE , C&use of A*t)o% Se*t)o% 1+ )rdinary &i(il a&tions# 'asis of. � 4very or&inary civil action %ust be base& on a cause of action. (n) Se*t)o% ,+ Cause of a&tion# defined. � A cause of action is the act or o%ission by (hich a party violates a ri'ht of another. (n) Se*t)o% -+ )ne suit for a single &ause of a&tion. � A party %ay not institute %ore than one suit for a sin'le cause of action. (2a) Se*t)o% .+ Splitting a single &ause of a&tion5 effe&t of. � !f t(o or %ore suits are institute& on the basis of the sa%e cause of action# the filin' of one or a /u&'%ent upon the %erits in any one is available as a 'roun& for the &is%issal of the others. (1a) Se*t)o% /+ *oinder of &auses of a&tion. � A party %ay in one plea&in' assert# in the alternative or other(ise# as %any causes of action as he %ay have a'ainst an opposin' party# sub/ect to the follo(in' con&itions* (a) +he party /oinin' the causes of action shall co%ply (ith the rules on /oin&er of parties5 (b) +he /oin&er shall not inclu&e special civil actions or actions 'overne& by special rules5 (c) 6here the causes of action are bet(een the sa%e parties but pertain to &ifferent venues or /uris&ictions# the /oin&er %ay be allo(e& in the ,e'ional +rial "ourt provi&e& one of the causes of action falls (ithin the /uris&iction of sai& court an& the venue lies therein5 an& (&) 6here the clai%s in all the causes action are principally for recovery of %oney# the a''re'ate a%ount clai%e& shall be the test of /uris&iction. (5a) Se*t)o% 0+ Mis+oinder of &auses of a&tion. � Mis/oin&er of causes of action is not a 'roun& for &is%issal of an action. A %is/oine& cause of action %ay# on %otion of a party or on the initiative of the court# be severe& an& procee&e& (ith separately. (n)

RULE P&rt)es to C)()' A*t)o%s

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Se*t)o% 1+ ,ho may 'e parties5 plaintiff and defendant. � 7nly natural or /uri&ical persons# or entities authori0e& by la( %ay be parties in a civil action. +he ter% 8plaintiff8 %ay refer to the clai%in' party# the counter9clai%ant# the cross9clai%ant# or the thir& (fourth# etc.) � party plaintiff. +he ter% 8&efen&ant8 %ay refer to the ori'inal &efen&in' party# the &efen&ant in a counter9clai%# the cross9&efen&ant# or the thir& (fourth# etc.) � party &efen&ant. (-a) Se*t)o% ,+ Parties in interest. � A real party in interest is the party (ho stan&s to be benefite& or in/ure& by the /u&'%ent in the suit# or the party entitle& to the avails of the suit. :nless other(ise authori0e& by la( or these ,ules# every action %ust be prosecute& or &efen&e& in the na%e of the real party in interest. (2a) Se*t)o% -+ Representati(es as parties. � 6here the action is allo(e& to be prosecute& an& &efen&e& by a representative or so%eone actin' in a fi&uciary capacity# the beneficiary shall be inclu&e& in the title of the case an& shall be &ee%e& to be the real property in interest. A representative %ay be a trustee of an e.pert trust# a 'uar&ian# an e.ecutor or a&%inistrator# or a party authori0e& by la( or these ,ules. An a'ent actin' in his o(n na%e an& for the benefit of an un&isclose& principal %ay sue or be sue& (ithout /oinin' the principal e.cept (hen the contract involves thin's belon'in' to the principal. (2a) Se*t)o% .+ Spouses as parties. � ;usban& an& (ife shall sue or be sue& /ointly# e.cept as provi&e& by la(. (1a) Se*t)o% /+ Minor or in&ompetent persons. � A %inor or a person alle'e& to be inco%petent# %ay sue or be sue& (ith the assistance of his father# %other# 'uar&ian# or if he has none# a 'uar&ian ad litem. (5a) Se*t)o% 0+ Permissi(e +oinder of parties. � All persons in (ho% or a'ainst (ho% any ri'ht to relief in respect to or arisin' out of the sa%e transaction or series of transactions is alle'e& to e.ist# (hether /ointly# severally# or in the alternative# %ay# e.cept as other(ise provi&e& in these ,ules# /oin as plaintiffs or be /oine& as &efen&ants in one co%plaint# (here any <uestion of la( or fact co%%on to all such plaintiffs or to all such &efen&ants %ay arise in the action5 but the court %ay %ake such or&ers as %ay be /ust to prevent any plaintiff or &efen&ant fro% bein' e%barrasse& or put to e.pense in connection (ith any procee&in's in (hich he %ay have no interest. (3n) Se*t)o% 7+ Compulsory +oinder of indispensa'le parties. � Parties in interest (ithout (ho% no final &eter%ination can be ha& of an action shall be /oine& either as plaintiffs or &efen&ants. (=) Se*t)o% 3+ Ne&essary party. � A necessary party is one (ho is not in&ispensable but (ho ou'ht to be /oine& as a party if co%plete relief is to be accor&e& as to those alrea&y parties# or for a co%plete &eter%ination or settle%ent of the clai% sub/ect of the action. (8a) Se*t)o% 9+ Non-+oinder of ne&essary parties to 'e pleaded. � 6henever in any plea&in' in (hich a clai% is asserte& a necessary party is not /oine&# the plea&er shall set forth his na%e# if kno(n# an& shall state (hy he is o%itte&. $houl& the court fin& the reason for the o%ission un%eritorious# it %ay or&er the inclusion of the o%itte& necessary party if /uris&iction over his person %ay be obtaine&. +he failure to co%ply (ith the or&er for his inclusion# (ithout /ustifiable cause# shall be &ee%e& a (aiver of the clai% a'ainst such party. +he non9inclusion of a necessary party &oes not prevent the court fro% procee&in' in the action# an& the /u&'%ent ren&ere& therein shall be (ithout pre/u&ice to the ri'hts of such necessary party. (8a# >a)

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Se*t)o% 14+ .n%illing &o-plaintiff. � !f the consent of any party (ho shoul& be /oine& as plaintiff can not be obtaine&# he %ay be %a&e a &efen&ant an& the reason therefor shall be state& in the co%plaint. (-0) Se*t)o% 11+ Mis+oinder and non-+oinder of parties. � ?either %is/oin&er nor non9/oin&er of parties is 'roun& for &is%issal of an action. Parties %ay be &roppe& or a&&e& by or&er of the court on %otion of any party or on its o(n initiative at any sta'e the action an& on such ter%s as are /ust. Any clai% a'ainst a %is/oine& party %ay be severe& an& procee&e& (ith separately. (--a) Se*t)o% 1,+ Class suit. � 6hen 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% (hich the court fin&s to be sufficiently nu%erous an& representative as to fully protect the interests of all concerne& %ay sue or &efen& for the benefit of all. Any party in interest shall have the ri'ht to intervene to protect his in&ivi&ual interest. (-2a) Se*t)o% 1-+ Alternati(e defendants. � 6here the plaintiff is uncertain a'ainst (ho of several persons he is entitle& to relief# he %ay /oin any or all of the% as &efen&ants in the alternative# althou'h a ri'ht to relief a'ainst one %ay be inconsistent (ith a ri'ht of relief a'ainst the other. (-2a) Se*t)o% 1.+ .n/no%n identity or name of defendant. � 6henever the i&entity or na%e of a &efen&ant is unkno(n# he %ay be sue& as the unkno(n o(ner heir &evisee# or by such other &esi'nation as the case %ay re<uire# (hen his i&entity or true na%e is &iscovere&# the plea&in' %ust be a%en&e& accor&in'ly. (-1) Se*t)o% 1/+ 0ntity %ithout +uridi&al personality as defendant. � 6hen t(o or %ore persons not or'ani0e& as an entity (ith /uri&ical personality enter into a transaction# they %ay be sue& un&er the na%e by (hich they are 'enerally or co%%only kno(n. !n the ans(er of such &efen&ant# the na%e an& a&&resses of the persons co%posin' sai& entity %ust all be reveale&. (-5a) Se*t)o% 10+ 1eath of party5 duty of &ounsel. � 6henever a party to a pen&in' action &ies# an& the clai% is not thereby e.tin'uishe&# it shall be the &uty of his counsel to infor% the court (ithin thirty (20) &ays after such &eath of the fact thereof# an& to 'ive the na%e an& a&&ress of his le'al representative or representatives. @ailure of counsel to co%ply (ith his &uty shall be a 'roun& for &isciplinary action. +he heirs of the &ecease& %ay be allo(e& to be substitute& for the &ecease&# (ithout re<uirin' the appoint%ent of an e.ecutor or a&%inistrator an& the court %ay appoint a 'uar&ian ad litem for the %inor heirs. +he court shall forth(ith or&er sai& le'al representative or representatives to appear an& be substitute& (ithin a perio& of thirty (20) &ays fro% notice. !f no le'al representative is na%e& by the counsel for the &ecease& party# or if the one so na%e& shall fail to appear (ithin the specifie& perio&# the court %ay or&er the opposin' party# (ithin a specifie& ti%e to procure the appoint%ent of an e.ecutor or a&%inistrator for the estate of the &ecease& an& the latter shall i%%e&iately appear for an& on behalf of the &ecease&. +he court char'es in procurin' such appoint%ent# if &efraye& by the opposin' party# %ay be recovere& as costs. (-3a# -=a) Se*t)o% 17+ 1eath or separation of a party %ho is a pu'li& offi&er . � 6hen a public officer is a party in an action in his official capacity an& &urin' its pen&ency &ies# resi'ns# or other(ise ceases to hol& office# the action %ay be continue& an& %aintaine& by or a'ainst his successor if# (ithin thirty (20) &ays after the successor takes office or such ti%e as %ay be 'rante& by the court# it is

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satisfactorily sho(n to the court by any party that there is a substantial nee& for continuin' or %aintainin' it an& that the successor a&opts or continues or threatens to a&opt or continue to a&opt or continue the action of his pre&ecessor. )efore a substitution is %a&e# the party or officer to be affecte&# unless e.pressly assentin' thereto# shall be 'iven reasonable notice of the application therefor an& accor&e& an opportunity to be hear&. (-8a) Se*t)o% 13+ $n&ompeten&y or in&apa&ity. � !f a party beco%es inco%petent or incapacitate&# the court# upon %otion (ith notice# %ay allo( the action to be continue& by or a'ainst the inco%petent or incapacitate& person assiste& by his le'al 'uar&ian or 'uar&ian ad litem. (->a) Se*t)o% 19+ #ransfer of interest. � !n case of any transfer of interest# the action %ay be continue& by or a'ainst the ori'inal party# unless the court upon %otion &irects the person to (ho% the interest is transferre& to be substitute& in the action or /oine& (ith the ori'inal party. (20) Se*t)o% ,4+ A&tion and &ontra&tual money &laims. � 6hen the action is for recovery of %oney arisin' fro% contract# e.press or i%plie&# an& the &efen&ant &ies before entry of final /u&'%ent in the court in (hich the action (as pen&in' at the ti%e of such &eath# it shall not be &is%isse& but shall instea& be allo(e& to continue until entry of final /u&'%ent. A favorable /u&'%ent obtaine& by the plaintiff therein shall be enforce& in the %anner especially provi&e& in these ,ules for prosecutin' clai%s a'ainst the estate of a &ecease& person. (2-a) Se*t)o% ,1+ $ndigent party. � A party %ay be authori0e& to liti'ate his action# clai% or &efense as an in&i'ent if the court# upon an e2 parte application an& hearin'# is satisfie& that the party is one (ho has no %oney or property sufficient an& available for foo&# shelter an& basic necessities for hi%self an& his fa%ily. $uch authority shall inclu&e an e.e%ption fro% pay%ent of &ocket an& other la(ful fees# an& of transcripts of steno'raphic notes (hich the court %ay or&er to be furnishe& hi%. +he a%ount of the &ocket an& other la(ful fees (hich the in&i'ent (as e.e%pte& fro% payin' shall be a lien on any /u&'%ent ren&ere& in the case favorable to the in&i'ent# unless the court other(ise provi&es. Any a&verse party %ay contest the 'rant of such authority at any ti%e before /u&'%ent is ren&ere& by the trial court. !f the court shoul& &eter%ine after hearin' that the party &eclare& as an in&i'ent is in fact a person (ith sufficient inco%e or property# the proper &ocket an& other la(ful fees shall be assesse& an& collecte& by the clerk of court. !f pay%ent is not %a&e (ithin the ti%e fi.e& by the court# e.ecution shall issue or the pay%ent thereof# (ithout pre/u&ice to such other sanctions as the court %ay i%pose. (22a) Se*t)o% ,,+ Noti&e to the Soli&itor 3eneral. � !n any action involvin' the vali&ity of any treaty# la(# or&inance# e.ecutive or&er# presi&ential &ecree# rules or re'ulations# the court# in its &iscretion# %ay re<uire the appearance of the $olicitor Aeneral (ho %ay be hear& in person or a representative &uly &esi'nate& by hi%. (22a)

RULE . Ve%ue of A*t)o%s Se*t)o% 1+ 4enue of real a&tions. � Actions affectin' title to or possession of real property# or interest therein# shall be co%%ence& an& trie& in the proper court (hich has /uris&iction over the area (herein the real property involve&# or a portion thereof# is situate&.

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@orcible entry an& &etainer actions shall be co%%ence& an& trie& in the %unicipal trial court of the %unicipality or city (herein the real property involve&# or a portion thereof# is situate&. (-BaC# 2BaCa) Se*t)o% ,+ 4enue of personal a&tions. � All other actions %ay be co%%ence& an& trie& (here the plaintiff or any of the principal plaintiffs resi&es# or (here the &efen&ant or any of the principal &efen&ants resi&es# or in the case of a non9resi&ent &efen&ant (here he %ay be foun&# at the election of the plaintiff. (2BbCa) Se*t)o% -+ 4enue of a&tions against nonresidents. � !f any of the &efen&ants &oes not resi&e an& is not foun& in the Philippines# an& the action affects the personal status of the plaintiff# or any property of sai& &efen&ant locate& in the Philippines# the action %ay be co%%ence& an& trie& in the court of the place (here the plaintiff resi&es# or (here the property or any portion thereof is situate& or foun&. (2BcCa) Se*t)o% .+ ,hen Rule not appli&a'le. � +his ,ule shall not apply. (a) !n those cases (here a specific rule or la( provi&es other(ise5 or (b) 6here the parties have vali&ly a'ree& in (ritin' before the filin' of the action on the e.clusive venue thereof. (2a# 5a)

RULE / U%)for5 Pro*e1ure I% Tr)&' Courts Se*t)o% 1+ .niform pro&edure. � +he proce&ure in the Municipal +rial "ourts shall be the sa%e as in the ,e'ional +rial "ourts# e.cept (a) (here a particular provision e.pressly or i%plie&ly applies only to either of sai& courts# or (b) in civil cases 'overne& by the ,ule on $u%%ary Proce&ure. (n) Se*t)o% ,+ Meaning of terms. � +he ter% 8Municipal +rial "ourts8 as use& in these ,ules shall inclu&e Metropolitan +rial "ourts# Municipal +rial "ourts in "ities# Municipal +rial "ourts# an& Municipal "ircuit +rial "ourts. (-a)

Pro*e1ure I% Re6)o%&' Tr)&' Courts

RULE 0 7)%1s Of P'e&1)%6s Se*t)o% 1+ Pleadings defined. � Plea&in's are the (ritten state%ents of the respective clai%s an& &efenses of the parties sub%itte& to the court for appropriate /u&'%ent. (-a) Se*t)o% ,+ Pleadings allo%ed. � +he clai%s of a party are asserte& in a co%plaint# counterclai%# cross9clai%# thir& (fourth# etc.)9party co%plaint# or co%plaint9in9intervention. +he &efenses of a party are alle'e& in the ans(er to the plea&in' assertin' a clai% a'ainst hi%.

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An ans(er %ay be respon&e& to by a reply. (n) Se*t)o% -+ Complaint. � +he co%plaint is the plea&in' alle'in' the plaintiffDs cause or causes of action. +he na%es an& resi&ences of the plaintiff an& &efen&ant %ust be state& in the co%plaint. (2a) Se*t)o% .+ Ans%er. � An ans(er is a plea&in' in (hich a &efen&in' party sets forth his &efenses. (1a) Se*t)o% /+ 1efenses. � Eefenses %ay either be ne'ative or affir%ative. (a) A ne'ative &efense is the specific &enial of the %aterial fact or facts alle'e& in the plea&in' of the clai%ant essential to his cause or causes of action. (b) An affir%ative &efense is an alle'ation of a ne( %atter (hich# (hile hypothetically a&%ittin' the %aterial alle'ations in the plea&in' of the clai%ant# (oul& nevertheless prevent or bar recovery by hi%. +he affir%ative &efenses inclu&e frau&# statute of li%itations# release# pay%ent# ille'ality# statute of frau&s# estoppel# for%er recovery# &ischar'e in bankruptcy# an& any other %atter by (ay of confession an& avoi&ance. (5a) Se*t)o% 0+ Counter&laim. � A counterclai% is any clai% (hich a &efen&in' party %ay have a'ainst an opposin' party. (3a) Se*t)o% 7+ Compulsory &ounter&laim. � A co%pulsory counterclai% is one (hich# bein' co'ni0able by the re'ular courts of /ustice# arises out of or is connecte& (ith the transaction or occurrence constitutin' the sub/ect %atter of the opposin' partyDs clai% an& &oes not re<uire for its a&/u&ication the presence of thir& parties of (ho% the court cannot ac<uire /uris&iction. $uch a counterclai% %ust be (ithin the /uris&iction of the court both as to the a%ount an& the nature thereof# e.cept that in an ori'inal action before the ,e'ional +rial "ourt# the counter9clai% %ay be consi&ere& co%pulsory re'ar&less of the a%ount. (n) Se*t)o% 3+ Cross-&laim. � A cross9clai% is any clai% by one party a'ainst a co9party arisin' out of the transaction or occurrence that is the sub/ect %atter either of the ori'inal action or of a counterclai% therein. $uch cross9clai% %ay inclu&e a clai% that the party a'ainst (ho% it is asserte& is or %ay be liable to the cross9clai%ant for all or part of a clai% asserte& in the action a'ainst the cross9clai%ant. (=) Se*t)o% 9+ Counter-&ounter&laims and &ounter-&ross&laims. � A counter9clai% %ay be asserte& a'ainst an ori'inal counter9clai%ant. A cross9clai% %ay also be file& a'ainst an ori'inal cross9clai%ant. (n) Se*t)o% 14+ Reply. � A reply is a plea&in'# the office or function of (hich is to &eny# or alle'e facts in &enial or avoi&ance of ne( %atters alle'e& by (ay of &efense in the ans(er an& thereby /oin or %ake issue as to such ne( %atters. !f a party &oes not file such reply# all the ne( %atters alle'e& in the ans(er are &ee%e& controverte&. !f the plaintiff (ishes to interpose any clai%s arisin' out of the ne( %atters so alle'e&# such clai%s shall be set forth in an a%en&e& or supple%ental co%plaint. (--) Se*t)o% 11+ #hird, 5fourth, et&.6�party &omplaint. � A thir& (fourth# etc.) � party co%plaint is a clai% that a &efen&in' party %ay# (ith leave of court# file a'ainst a person not a party to the action# calle& the thir& (fourth# etc.) � party &efen&ant for contribution# in&e%nity# subro'ation or any other relief# in respect of his opponentDs clai%. (-2a)

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Se*t)o% 1,+ Bringing ne% parties. � 6hen the presence of parties other than those to the ori'inal action is re<uire& for the 'rantin' of co%plete relief in the &eter%ination of a counterclai% or cross9 clai%# the court shall or&er the% to be brou'ht in as &efen&ants# if /uris&iction over the% can be obtaine&. (-1) Se*t)o% 1-+ Ans%er to third 5fourth, et&.6�party &omplaint. � A thir& (fourth# etc.) � party &efen&ant %ay alle'e in his ans(er his &efenses# counterclai%s or cross9clai%s# inclu&in' such &efenses that the thir& (fourth# etc.) � party plaintiff %ay have a'ainst the ori'inal plaintiffDs clai%. !n proper cases# he %ay also assert a counterclai% a'ainst the ori'inal plaintiff in respect of the latterDs clai% a'ainst the thir&9party plaintiff. (n)

RULE 7 P&rts of & P'e&1)%6 Se*t)o% 1+ Caption. � +he caption sets forth the na%e of the court# the title of the action# an& the &ocket nu%ber if assi'ne&. +he title of the action in&icates the na%es of the parties. +hey shall all be na%e& in the ori'inal co%plaint or petition5 but in subse<uent plea&in's# it shall be sufficient if the na%e of the first party on each si&e be state& (ith an appropriate in&ication (hen there are other parties. +heir respective participation in the case shall be in&icate&. (-a# 2a) Se*t)o% ,+ #he 'ody. � +he bo&y of the plea&in' sets fourth its &esi'nation# the alle'ations of the partyDs clai%s or &efenses# the relief praye& for# an& the &ate of the plea&in'. (n) (a) Paragraphs. � +he alle'ations in the bo&y of a plea&in' shall be &ivi&e& into para'raphs so nu%bere& to be rea&ily i&entifie&# each of (hich shall contain a state%ent of a sin'le set of circu%stances so far as that can be &one (ith convenience. A para'raph %ay be referre& to by its nu%ber in all succee&in' plea&in's. (2a) (b) 7eadings. � 6hen t(o or %ore causes of action are /oine& the state%ent of the first shall be preface& by the (or&s 8first cause of action#DD of the secon& by 8secon& cause of action8# an& so on for the others. 6hen one or %ore para'raphs in the ans(er are a&&resse& to one of several causes of action in the co%plaint# they shall be preface& by the (or&s 8ans(er to the first cause of action8 or 8ans(er to the secon& cause of action8 an& so on5 an& (hen one or %ore para'raphs of the ans(er are a&&resse& to several causes of action# they shall be preface& by (or&s to that effect. (1) (c) Relief. � +he plea&in' shall specify the relief sou'ht# but it %ay a&& a 'eneral prayer for such further or other relief as %ay be &ee%e& /ust or e<uitable. (2a# ,3) (&) 1ate. � 4very plea&in' shall be &ate&. (n) Se*t)o% -+ Signature and address. � 4very plea&in' %ust be si'ne& by the party or counsel representin' hi%# statin' in either case his a&&ress (hich shoul& not be a post office bo..

9

+he si'nature of counsel constitutes a certificate by hi% that he has rea& the plea&in'5 that to the best of his kno(le&'e# infor%ation# an& belief there is 'oo& 'roun& to support it5 an& that it is not interpose& for &elay. An unsi'ne& plea&in' pro&uces no le'al effect. ;o(ever# the court %ay# in its &iscretion# allo( such &eficiency to be re%e&ie& if it shall appear that the sa%e (as &ue to %ere ina&vertence an& not inten&e& for &elay. "ounsel (ho &eliberately files an unsi'ne& plea&in'# or si'ns a plea&in' in violation of this ,ule# or alle'es scan&alous or in&ecent %atter therein# or fails pro%ptly report to the court a chan'e of his a&&ress# shall be sub/ect to appropriate &isciplinary action. (5a) Se*t)o% .+ 4erifi&ation. � 4.cept (hen other(ise specifically re<uire& by la( or rule# plea&in's nee& not be un&er oath# verifie& or acco%panie& by affi&avit .(5a) A plea&in' is verifie& by an affi&avit that the affiant has rea& the plea&in' an& that the alle'ations therein are true an& correct of his kno(le&'e an& belief. A plea&in' re<uire& to be verifie& (hich contains a verification base& on 8infor%ation an& belief8# or upon 8kno(le&'e# infor%ation an& belief8# or lacks a proper verification# shall be treate& as an unsi'ne& plea&in'. (3a) Se*t)o% /+ Certifi&ation against forum shopping. � +he plaintiff or principal party shall certify un&er oath in the co%plaint or other initiatory plea&in' assertin' a clai% for relief# or in a s(orn certification anne.e& thereto an& si%ultaneously file& there(ith* (a) that he has not theretofore co%%ence& any action or file& any clai% involvin' the sa%e issues in any court# tribunal or <uasi9 /u&icial a'ency an&# to the best of his kno(le&'e# no such other action or clai% is pen&in' therein5 (b) if there is such other pen&in' action or clai%# a co%plete state%ent of the present status thereof5 an& (c) if he shoul& thereafter learn that the sa%e or si%ilar action or clai% has been file& or is pen&in'# he shall report that fact (ithin five (5) &ays therefro% to the court (herein his aforesai& co%plaint or initiatory plea&in' has been file&. @ailure to co%ply (ith the fore'oin' re<uire%ents shall not be curable by %ere a%en&%ent of the co%plaint or other initiatory plea&in' but shall be cause for the &is%issal of the case (ithout pre/u&ice# unless other(ise provi&e&# upon %otion an& after hearin'. +he sub%ission of a false certification or non9co%pliance (ith any of the un&ertakin's therein shall constitute in&irect conte%pt of court# (ithout pre/u&ice to the correspon&in' a&%inistrative an& cri%inal actions. !f the acts of the party or his counsel clearly constitute (illful an& &eliberate foru% shoppin'# the sa%e shall be 'roun& for su%%ary &is%issal (ith pre/u&ice an& shall constitute &irect conte%pt# as (ell as a cause for a&%inistrative sanctions. (n)

RULE 3 M&%%er of M&8)%6 A''e6&t)o%s )% P'e&1)%6s Se*t)o% 1+ $n general. � 4very plea&in' shall contain in a %etho&ical an& lo'ical for%# a plain# concise an& &irect state%ent of the ulti%ate facts on (hich the party plea&in' relies for his clai% or &efense# as the case %ay be# o%ittin' the state%ent of %ere evi&entiary facts. (-) !f a &efense relie& on is base& on la(# the pertinent provisions thereof an& their applicability to hi% shall be clearly an& concisely state&. (n) Se*t)o% ,+ Alternati(e &auses of a&tion or defenses. � A party %ay set forth t(o or %ore state%ents of a clai% or &efense alternatively or hypothetically# either in one cause of action or

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&efense or in separate causes of action or &efenses. 6hen t(o or %ore state%ents are %a&e in the alternative an& one of the% if %a&e in&epen&ently (oul& be sufficient# the plea&in' is not %a&e insufficient by the insufficiency of one or %ore of the alternative state%ents. (2) Se*t)o% -+ Conditions pre&edent. � !n any plea&in' a 'eneral aver%ent of the perfor%ance or occurrence of all con&itions prece&ent shall be sufficient. (2) Se*t)o% .+ Capa&ity. � @acts sho(in' the capacity of a party to sue or be sue& or the authority of a party to sue or be sue& in a representative capacity or the le'al e.istence of an or'ani0e& association of person that is %a&e a party# %ust be averre&. A party &esirin' to raise an issue as to the le'al e.istence of any party or the capacity of any party to sue or be sue& in a representative capacity# shall &o so by specific &enial# (hich shall inclu&e such supportin' particulars as are peculiarly (ithin the plea&erDs kno(le&'e. (1) Se*t)o% /+ 8raud, mista/e, &ondition of the mind. � !n all aver%ents of frau& or %istake the circu%stances constitutin' frau& or %istake %ust be state& (ith particularity. Malice# intent# kno(le&'e# or other con&ition of the %in& of a person %ay be averre& 'enerally.(5a) Se*t)o% 0+ *udgment. � !n plea&in' a /u&'%ent or &ecision of a &o%estic or forei'n court# /u&icial or <uasi9/u&icial tribunal# or of a boar& or officer# it is sufficient to aver the /u&'%ent or &ecision (ithout settin' forth %atter sho(in' /uris&iction to ren&er it. (3) Se*t)o% 7+ A&tion or defense 'ased on do&ument. � 6henever an action or &efense is base& upon a (ritten instru%ent or &ocu%ent# the substance of such instru%ent or &ocu%ent shall be set forth in the plea&in'# an& the ori'inal or a copy thereof shall be attache& to the plea&in' as an e.hibit# (hich shall be &ee%e& to be a part of the plea&in'# or sai& copy %ay (ith like effect be set forth in the plea&in'. (=) Se*t)o% 3+ 7o% to &ontest su&h do&uments. � 6hen an action or &efense is foun&e& upon a (ritten instru%ent# copie& in or attache& to the correspon&in' plea&in' as provi&e& in the prece&in' section# the 'enuineness an& &ue e.ecution of the instru%ent shall be &ee%e& a&%itte& unless the a&verse party# un&er oath specifically &enies the%# an& sets forth (hat he clai%s to be the facts# but the re<uire%ent of an oath &oes not apply (hen the a&verse party &oes not appear to be a party to the instru%ent or (hen co%pliance (ith an or&er for an inspection of the ori'inal instru%ent is refuse&. (8a) Se*t)o% 9+ )ffi&ial do&ument or a&t. � !n plea&in' an official &ocu%ent or official act# it is sufficient to aver that the &ocu%ent (as issue& or the act &one in co%pliance (ith la(. (>) Se*t)o% 14+ Spe&ifi& denial. � A &efen&ant %ust specify each %aterial alle'ation of fact the truth of (hich he &oes not a&%it an&# (henever practicable# shall set forth the substance of the %atters upon (hich he relies to support his &enial. 6here a &efen&ant &esires to &eny only a part of an aver%ent# he shall specify so %uch of it as is true an& %aterial an& shall &eny only the re%ain&er. 6here a &efen&ant is (ithout kno(le&'e or infor%ation sufficient to for% a belief as to the truth of a %aterial aver%ent %a&e to the co%plaint# he shall so state# an& this shall have the effect of a &enial. (-0a) Se*t)o% 11+ Allegations not spe&ifi&ally denied deemed admitted. � Material aver%ent in the co%plaint# other than those as to the a%ount of unli<ui&ate& &a%a'es# shall be &ee%e& a&%itte& (hen not specifically &enie&. Alle'ations of usury in a co%plaint to recover usurious interest are &ee%e& a&%itte& if not &enie& un&er oath. (-a# ,>) Se*t)o% 1,+ Stri/ing out of pleading or matter &ontained therein. � :pon %otion %a&e by a party before respon&in' to a plea&in' or# if no responsive plea&in' is per%itte& by these ,ules# upon %otion %a&e by a party (ithin t(enty (20) &ays after the service of the plea&in' upon hi%# or upon

11

the courtDs o(n initiative at any ti%e# the court %ay or&er any plea&in' to be stricken out or that any sha% or false# re&un&ant# i%%aterial# i%pertinent# or scan&alous %atter be stricken out therefro%. (5# ,>)

RULE 9 Effe*t of F&)'ure to P'e&1 Se*t)o% 1+ 1efenses and o'+e&tions not pleaded. � Eefenses an& ob/ections not plea&e& either in a %otion to &is%iss or in the ans(er are &ee%e& (aive&. ;o(ever# (hen it appears fro% the plea&in's or the evi&ence on recor& that the court has no /uris&iction over the sub/ect %atter# that there is another action pen&in' bet(een the sa%e parties for the sa%e cause# or that the action is barre& by a prior /u&'%ent or by statute of li%itations# the court shall &is%iss the clai%. (2a) Se*t)o% ,+ Compulsory &ounter&laim# or &ross-&laim# not set up 'arred. � A co%pulsory counterclai%# or a cross9clai%# not set up shall be barre&. (1a) Se*t)o% -+ 1efault5 de&laration of. � !f the &efen&in' party fails to ans(er (ithin the ti%e allo(e& therefor# the court shall# upon %otion of the clai%in' party (ith notice to the &efen&in' party# an& proof of such failure# &eclare the &efen&in' party in &efault. +hereupon# the court shall procee& to ren&er /u&'%ent 'rantin' the clai%ant such relief as his plea&in' %ay (arrant# unless the court in its &iscretion re<uires the clai%ant to sub%it evi&ence. $uch reception of evi&ence %ay be &ele'ate& to the clerk of court. (-a# ,-8) (a) 0ffe&t of order of default. � A party in &efault shall be entitle& to notice of subse<uent procee&in's but not to take part in the trial. (2a# ,-8) (b) Relief from order of default. � A party &eclare& in &efault %ay at any ti%e after notice thereof an& before /u&'%ent file a %otion un&er oath to set asi&e the or&er of &efault upon proper sho(in' that his failure to ans(er (as &ue to frau&# acci&ent# %istake or e.cusable ne'li'ence an& that he has a %eritorious &efense. !n such case# the or&er of &efault %ay be set asi&e on such ter%s an& con&itions as the /u&'e %ay i%pose in the interest of /ustice. (2a# ,-8) (c) 0ffe&t of partial default. � 6hen a plea&in' assertin' a clai% states a co%%on cause of action a'ainst several &efen&in' parties# so%e of (ho% ans(er an& the others fail to &o so# the court shall try the case a'ainst all upon the ans(ers thus file& an& ren&er /u&'%ent upon the evi&ence presente&. (1a# ,-8). (&) 02tent of relief to 'e a%arded. � A /u&'%ent ren&ere& a'ainst a party in &efault shall not e.cee& the a%ount or be &ifferent in kin& fro% that praye& for nor a(ar& unli<ui&ate& &a%a'es. (5a# ,-8). (e) ,here no defaults allo%ed. � !f the &efen&in' party in an action for annul%ent or &eclaration of nullity of %arria'e or for le'al separation fails to ans(er# the court shall or&er the prosecutin' attorney to investi'ate (hether or not a collusion bet(een the parties e.ists# an& if there is no collusion# to intervene for the $tate in or&er to see to it that the evi&ence sub%itte& is not fabricate&. (3a# ,-8)

RULE 14

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A5e%1e1 &%1 Su99'e5e%t&' P'e&1)%6s Se*t)o% 1+ Amendments in general. � Plea&in's %ay be a%en&e& by a&&in' or strikin' out an alle'ation or the na%e of any party# or by correctin' a %istake in the na%e of a party or a %istaken or ina&e<uate alle'ation or &escription in any other respect# so that the actual %erits of the controversy %ay spee&ily be &eter%ine&# (ithout re'ar& to technicalities# an& in the %ost e.pe&itious an& ine.pensive %anner. (-) Se*t)o% ,+ Amendments as a matter of right. � A party %ay a%en& his plea&in' once as a %atter of ri'ht at any ti%e before a responsive plea&in' is serve& or# in the case of a reply# at any ti%e (ithin ten (-0) &ays after it is serve&. (2a) Se*t)o% -+ Amendments 'y lea(e of &ourt. � 4.cept as provi&e& in the ne.t prece&in' section# substantial a%en&%ents %ay be %a&e only upon leave of court. )ut such leave %ay be refuse& if it appears to the court that the %otion (as %a&e (ith intent to &elay. 7r&ers of the court upon the %atters provi&e& in this section shall be %a&e upon %otion file& in court# an& after notice to the a&verse party# an& an opportunity to be hear&. (2a) Se*t)o% .+ 8ormal amendments. � A &efect in the &esi'nation of the parties an& other clearly clerical or typo'raphical errors %ay be su%%arily correcte& by the court at any sta'e of the action# at its initiative or on %otion# provi&e& no pre/u&ice is cause& thereby to the a&verse party. (1a) Se*t)o% /+ Amendment to &onform to or authori9e presentation of e(iden&e. � 6hen issues not raise& by the plea&in's are trie& (ith the e.press or i%plie& consent of the parties they shall be treate& in all respects as if they ha& been raise& in the plea&in's. $uch a%en&%ent of the plea&in's as %ay be necessary to cause the% to confor% to the evi&ence an& to raise these issues %ay be %a&e upon %otion of any party at any ti%e# even after /u&'%ent5 but failure to a%en& &oes not effect the result of the trial of these issues. !f evi&ence is ob/ecte& to at the trial on the 'roun& that it is not (ithin the issues %a&e by the plea&in's# the court %ay allo( the plea&in's to be a%en&e& an& shall &o so (ith liberality if the presentation of the %erits of the action an& the en&s of substantial /ustice (ill be subserve& thereby. +he court %ay 'rant a continuance to enable the a%en&%ent to be %a&e. (5a) Se*t)o% 0+ Supplemental pleadings. � :pon %otion of a party the court %ay# upon reasonable notice an& upon such ter%s as are /ust# per%it hi% to serve a supple%ental plea&in' settin' forth transactions# occurrences or events (hich have happene& since the &ate of the plea&in' sou'ht to be supple%ente&. +he a&verse party %ay plea& thereto (ithin ten (-0) &ays fro% notice of the or&er a&%ittin' the supple%ental plea&in'. (3a) Se*t)o% 7+ 8iling of amended pleadings. � 6hen any plea&in' is a%en&e&# a ne( copy of the entire plea&in'# incorporatin' the a%en&%ents# (hich shall be in&icate& by appropriate %arks# shall be file&. (=a) Se*t)o% 3+ 0ffe&t of amended pleadings. � An a%en&e& plea&in' superse&es the plea&in' that it a%en&s. ;o(ever# a&%issions in superse&e& plea&in's %ay be receive& in evi&ence a'ainst the plea&er# an& clai%s or &efenses alle'e& therein not incorporate& in the a%en&e& plea&in' shall be &ee%e& (aive&. (n)

RULE 11 :he% to F)'e Res9o%s)(e P'e&1)%6s

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Se*t)o% 1+ Ans%er to the &omplaint. � +he &efen&ant shall file his ans(er to the co%plaint (ithin fifteen (-5) &ays after service of su%%ons# unless a &ifferent perio& is fi.e& by the court. (la) Se*t)o% ,+ Ans%er of a defendant foreign pri(ate +uridi&al entity. � 6here the &efen&ant is a forei'n private /uri&ical entity an& service of su%%ons is %a&e on the 'overn%ent official &esi'nate& by la( to receive the sa%e# the ans(er shall be file& (ithin thirty (20) &ays after receipt of su%%ons by such entity. (2a) Se*t)o% -+ Ans%er to amended &omplaint. � 6hen the plaintiff files an a%en&e& co%plaint as a %atter of ri'ht# the &efen&ant shall ans(er the sa%e (ithin fifteen (-5) &ays after bein' serve& (ith a copy thereof. 6here its filin' is not a %atter of ri'ht# the &efen&ant shall ans(er the a%en&e& co%plaint (ithin ten (l0) &ays fro% notice of the or&er a&%ittin' the sa%e. An ans(er earlier file& %ay serve as the ans(er to the a%en&e& co%plaint if no ne( ans(er is file&. +his ,ule shall apply to the ans(er to an a%en&e& counterclai%# a%en&e& cross9clai%# a%en&e& thir& (fourth# etc.)�party co%plaint# an& a%en&e& co%plaint9in9intervention. (2a) Se*t)o% .+ Ans%er to &ounter&laim or &ross-&laim. � A counterclai% or cross9clai% %ust be ans(ere& (ithin ten (-0) &ays fro% service. (1) Se*t)o% /+ Ans%er to third 5fourth, et&.6-party &omplaint. � +he ti%e to ans(er a thir& (fourth# etc.)�party co%plaint shall be 'overne& by the sa%e rule as the ans(er to the co%plaint. (5a) Se*t)o% 0+ Reply. � A reply %ay be file& (ithin ten (-0) &ays fro% service of the plea&in' respon&e& to. (3) Se*t)o% 7+ Ans%er to supplemental &omplain. � A supple%ental co%plaint %ay be ans(ere& (ithin ten (-0) &ays fro% notice of the or&er a&%ittin' the sa%e# unless a &ifferent perio& is fi.e& by the court. +he ans(er to the co%plaint shall serve as the ans(er to the supple%ental co%plaint if no ne( or supple%ental ans(er is file&. (n) Se*t)o% 3+ 02isting &ounter&laim or &ross-&laim. � A co%pulsory counterclai% or a cross9clai% that a &efen&in' party has at the ti%e he files his ans(er shall be containe& therein. (8a# ,3) Se*t)o% 9+ Counter&laim or &ross-&laim arising after ans%er. � A counterclai% or a cross9clai% (hich either %ature& or (as ac<uire& by a party after servin' his plea&in' %ay# (ith the per%ission of the court# be presente& as a counterclai% or a cross9clai% by supple%ental plea&in' before /u&'%ent. (># ,3) Se*t)o% 14+ )mitted &ounter&laim or &ross-&laim. � 6hen a plea&er fails to set up a counterclai% or a cross9clai% throu'h oversi'ht# ina&vertence# or e.cusable ne'lect# or (hen /ustice re<uires# he %ay# by leave of court# set up the counterclai% or cross9clai% by a%en&%ent before /u&'%ent. (2# ,>) Se*t)o% 11+ 02tension of time to plead. � :pon %otion an& on such ter%s as %ay be /ust# the court %ay e.ten& the ti%e to plea& provi&e& in these ,ules. +he court %ay also# upon like ter%s# allo( an ans(er or other plea&in' to be file& after the ti%e fi.e& by these ,ules. (=)

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RULE 1, ;)'' of P&rt)*u'&rs Se*t)o% 1+ ,hen applied for5 purpose. � )efore respon&in' to a plea&in'# a party %ay %ove for a &efinite state%ent or for a bill of particulars of any %atter (hich is not averte& (ith sufficient &efiniteness or particularity to enable hi% properly to prepare his responsive plea&in'. !f the plea&in' is a reply# the %otion %ust be file& (ithin ten (-0) &ays fro% service thereof. $uch %otion shall point out the &efects co%plaine& of# the para'raphs (herein they are containe&# an& the &etails &esire&. (-a) Se*t)o% ,+ A&tion 'y the &ourt. � :pon the filin' of the %otion# the clerk of court %ust i%%e&iately brin' it to the attention of the court (hich %ay either &eny or 'rant it outri'ht# or allo( the parties the opportunity to be hear&. (n) Se*t)o% -+ Complian&e %ith order. � !f the %otion is 'rante&# either in (hole or in part# the co%pliance there(ith %ust be effecte& (ithin ten (-0) &ays fro% notice of the or&er# unless a &ifferent perio& is fi.e& by the court. +he bill of particulars or a %ore &efinite state%ent or&ere& by the court %ay be file& either in a separate or in an a%en&e& plea&in'# servin' a copy thereof on the a&verse party. (n) Se*t)o% .+ 0ffe&t of non-&omplian&e. � !f the or&er is not obeye&# or in case of insufficient co%pliance there(ith# the court %ay or&er the strikin' out of the plea&in' or the portions thereof to (hich the or&er (as &irecte& or %ake such other or&er as it &ee%s /ust. (-BcCa) Se*t)o% /+ Stay of period to file responsi(e pleading. � After service of the bill of particulars or of a %ore &efinite plea&in'# or after notice of &enial of his %otion# the %ovin' party %ay file his responsive plea&in' (ithin the perio& to (hich he (as entitle& at the ti%e of filin' his %otion# (hich shall not be less than five (5) &ays in any event. (-BbCa) Se*t)o% 0+ Bill a part of pleading. � A bill of particulars beco%es part of the plea&in' for (hich it is inten&e&. (-BaCa)

RULE 1F)')%6 &%1 Ser()*e of P'e&1)%6s, "u165e%ts &%1 Other P&9ers Se*t)o% 1+ Co(erage. � +his ,ule shall 'overn the filin' of all plea&in's an& other papers# as (ell as the service thereof# e.cept those for (hich a &ifferent %o&e of service is prescribe&. (n) Se*t)o% ,+ 8iling and ser(i&e# defined. � @ilin' is the act of presentin' the plea&in' or other paper to the clerk of court. $ervice is the act of provi&in' a party (ith a copy of the plea&in' or paper concerne&. !f any party has appeare& by counsel# service upon hi% shall be %a&e upon his counsel or one of the%# unless service upon the party hi%self is or&ere& by the court. 6here one counsel appears for several parties# he shall only be entitle& to one copy of any paper serve& upon hi% by the opposite si&e. (2a) Se*t)o% -+ Manner of filing. � +he filin' of plea&in's# appearances# %otions# notices# or&ers# /u&'%ents an& all other papers shall be %a&e by presentin' the ori'inal copies thereof# plainly in&icate& as such# personally to the clerk of court or by sen&in' the% by re'istere& %ail. !n the first

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case# the clerk of court shall en&orse on the plea&in' the &ate an& hour of filin'. !n the secon& case# the &ate of the %ailin' of %otions# plea&in's# or any other papers or pay%ents or &eposits# as sho(n by the post office sta%p on the envelope or the re'istry receipt# shall be consi&ere& as the &ate of their filin'# pay%ent# or &eposit in court. +he envelope shall be attache& to the recor& of the case. (-a) Se*t)o% .+ Papers re:uired to 'e filed and ser(ed. � 4very /u&'%ent# resolution# or&er# plea&in' subse<uent to the co%plaint# (ritten %otion# notice# appearance# &e%an&# offer of /u&'%ent or si%ilar papers shall be file& (ith the court# an& serve& upon the parties affecte&. (2a) Se*t)o% /+ Modes of ser(i&e. � $ervice of plea&in's %otions# notices# or&ers# /u&'%ents an& other papers shall be %a&e either personally or by %ail. (2a) Se*t)o% 0+ Personal ser(i&e. � $ervice of the papers %ay be %a&e by &eliverin' personally a copy to the party or his counsel# or by leavin' it in his office (ith his clerk or (ith a person havin' char'e thereof. !f no person is foun& in his office# or his office is not kno(n# or he has no office# then by leavin' the copy# bet(een the hours of ei'ht in the %ornin' an& si. in the evenin'# at the partyDs or counselDs resi&ence# if kno(n# (ith a person of sufficient a'e an& &iscretion then resi&in' therein. (1a) Se*t)o% 7+ Ser(i&e 'y mail. � $ervice by re'istere& %ail shall be %a&e by &epositin' the copy in the post office in a seale& envelope# plainly a&&resse& to the party or his counsel at his office# if kno(n# other(ise at his resi&ence# if kno(n# (ith posta'e fully prepai&# an& (ith instructions to the post%aster to return the %ail to the sen&er after ten (-0) &ays if un&elivere&. !f no re'istry service is available in the locality of either the sen&ers or the a&&ressee# service %ay be &one by or&inary %ail. (5a5 )ar Matter ?o. 802# -= @ebruary ->>8) Se*t)o% 3+ Su'stituted ser(i&e. � !f service of plea&in's# %otions# notices# resolutions# or&ers an& other papers cannot be %a&e un&er the t(o prece&in' sections# the office an& place of resi&ence of the party or his counsel bein' unkno(n# service %ay be %a&e by &eliverin' the copy to the clerk of court# (ith proof of failure of both personal service an& service by %ail. +he service is co%plete at the ti%e of such &elivery. (3a) Se*t)o% 9+ Ser(i&e of +udgments# final orders# or resolutions. � Ju&'%ents# final or&ers or resolutions shall be serve& either personally or by re'istere& %ail. 6hen a party su%%one& by publication has faile& to appear in the action# /u&'%ents# final or&ers or resolutions a'ainst hi% shall be serve& upon hi% also by publication at the e.pense of the prevailin' party. (=a) Se*t)o% 14+ Completeness of ser(i&e. � Personal service is co%plete upon actual &elivery. $ervice by or&inary %ail is co%plete upon the e.piration of ten (-0) &ays after %ailin'# unless the court other(ise provi&es. $ervice by re'istere& %ail is co%plete upon actual receipt by the a&&ressee# or after five (5) &ays fro% the &ate he receive& the first notice of the post%aster# (hichever &ate is earlier. (8a) Se*t)o% 11+ Priorities in modes of ser(i&e and filing. � 6henever practicable# the service an& filin' of plea&in's an& other papers shall be &one personally. 4.cept (ith respect to papers e%anatin' fro% the court# a resort to other %o&es %ust be acco%panie& by a (ritten e.planation (hy the service or filin' (as not &one personally. A violation of this ,ule %ay be cause to consi&er the paper as not file&. (n) Se*t)o% 1,+ Proof of filing. � +he filin' of a plea&in' or paper shall be prove& by its e.istence in the recor& of the case. !f it is not in the recor&# but is clai%e& to have been file& personally# the filin' shall be prove& by the (ritten or sta%pe& ackno(le&'%ent of its filin' by the clerk of court on a copy of the sa%e5 if file& by re'istere& %ail# by the re'istry receipt an& by the affi&avit of the person (ho

16

&i& the %ailin'# containin' a full state%ent of the &ate an& place of &epositin' the %ail in the post office in a seale& envelope a&&resse& to the court# (ith posta'e fully prepai&# an& (ith instructions to the post%aster to return the %ail to the sen&er after ten (-0) &ays if not &elivere&. (n) Se*t)o% 1-+ Proof of Ser(i&e. � Proof of personal service shall consist of a (ritten a&%ission of the party serve&# or the official return of the server# or the affi&avit of the party servin'# containin' a full state%ent of the &ate# place an& %anner of service. !f the service is by or&inary %ail# proof thereof shall consist of an affi&avit of the person %ailin' of facts sho(in' co%pliance (ith section = of this ,ule. !f service is %a&e by re'istere& %ail# proof shall be %a&e by such affi&avit an& the re'istry receipt issue& by the %ailin' office. +he re'istry return car& shall be file& i%%e&iately upon its receipt by the sen&er# or in lieu thereof the unclai%e& letter to'ether (ith the certifie& or s(orn copy of the notice 'iven by the post%aster to the a&&ressee. (-0a) Se*t)o% 1.+ Noti&e of lis pendens. � !n an action affectin' the title or the ri'ht of possession of real property# the plaintiff an& the &efen&ant# (hen affir%ative relief is clai%e& in his ans(er# %ay recor& in the office of the re'istry of &ee&s of the province in (hich the property is situate& notice of the pen&ency of the action. $ai& notice shall contain the na%es of the parties an& the ob/ect of the action or &efense# an& a &escription of the property in that province affecte& thereby. 7nly fro% the ti%e of filin' such notice for recor& shall a purchaser# or encu%brancer of the property affecte& thereby# be &ee%e& to have constructive notice of the pen&ency of the action# an& only of its pen&ency a'ainst the parties &esi'nate& by their real na%es. +he notice of lis pendens hereinabove %entione& %ay be cancelle& only upon or&er of the court# after proper sho(in' that the notice is for the purpose of %olestin' the a&verse party# or that it is not necessary to protect the ri'hts of the ri'hts of the party (ho cause& it to be recor&e&. (21a# ,9-1)

RULE 1. Su55o%s Se*t)o% 1+ Cler/ to issue summons. � :pon the filin' of the co%plaint an& the pay%ent of the re<uisite le'al fees# the clerk of court shall forth(ith issue the correspon&in' su%%ons to the &efen&ants. (-a) Se*t)o% ,+ Contents. � +he su%%ons shall be &irecte& to the &efen&ant# si'ne& by the clerk of court un&er seal an& contain (a) the na%e of the court an& the na%es of the parties to the action5 (b) a &irection that the &efen&ant ans(er (ithin the ti%e fi.e& by these ,ules5 (c) a notice that unless the &efen&ant so ans(ers plaintiff (ill take /u&'%ent by &efault an& %ay be 'rante& the relief applie& for. A copy of the co%plaint an& or&er for appoint%ent of 'uar&ian ad litem if any# shall be attache& to the ori'inal an& each copy of the su%%ons. (2a) Se*t)o% -+ By %hom ser(ed. � +he su%%ons %ay be serve& by the sheriff# his &eputy# or other proper court officer# or for /ustifiable reasons by any suitable person authori0e& by the court issuin' the su%%ons. (5a) Se*t)o% .+ Return. � 6hen the service has been co%plete&# the server shall# (ithin five (5) &ays therefro%# serve a copy of the return# personally or by re'istere& %ail# to the plaintiffDs counsel# an& shall return the su%%ons to the clerk# (ho issue& it# acco%panie& by proof of service. (3a)

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Se*t)o% /+ $ssuan&e of alias summons. � !f a su%%ons is returne& (ithout bein' serve& on any or all of the &efen&ants# the server shall also serve a copy of the return on the plaintiffDs counsel# statin' the reasons for the failure of service# (ithin five (5) &ays therefro%. !n such a case# or if the su%%ons has been lost# the clerk# on &e%an& of the plaintiff# %ay issue an alias su%%ons. (1a) Se*t)o% 0+ Ser(i&e in person on defendant. � 6henever practicable# the su%%ons shall be serve& by han&lin' a copy thereof to the &efen&ant in person# or# if he refuses to receive an& si'n for it# by ten&erin' it to hi%. (=a) Se*t)o% 7+ Su'stituted ser(i&e. � !f# for /ustifiable causes# the &efen&ant cannot be serve& (ithin a reasonable ti%e as provi&e& in the prece&in' section# service %ay be effecte& (a) by leavin' copies of the su%%ons at the &efen&antDs resi&ence (ith so%e person of suitable a'e an& &iscretion then resi&in' therein# or (b) by leavin' the copies at &efen&antDs office or re'ular place of business (ith so%e co%petent person in char'e thereof. (8a) Se*t)o% 3+ Ser(i&e upon entity %ithout +uridi&al personality. � 6hen persons associate& in an entity (ithout /uri&ical personality are sue& un&er the na%e by (hich they are 'enerally or co%%only kno(n# service %ay be effecte& upon all the &efen&ants by servin' upon any one of the%# or upon the person in char'e of the office or place of business %aintaine& in such na%e. )ut such service shall not bin& in&ivi&ually any person (hose connection (ith the entity has# upon &ue notice# been severe& before the action (as brou'ht. (>a) Se*t)o% 9+ Ser(i&e upon prisoners. � 6hen the &efen&ant is a prisoner confine& in a /ail or institution# service shall be effecte& upon hi% by the officer havin' the %ana'e%ent of such /ail or institution (ho is &ee%e& &eputi0e& as a special sheriff for sai& purpose. (-2a) Se*t)o% 14+ Ser(i&e upon minors and in&ompetents. � 6hen the &efen&ant is a %inor# insane or other(ise an inco%petent# service shall be %a&e upon hi% personally an& on his le'al 'uar&ian if he has one# or if none his 'uar&ian ad litem (hose appoint%ent shall be applie& for by the plaintiff. !n the case of a %inor# service %ay also be %a&e on his father or %other. (l0a# --a) Se*t)o% 11+ Ser(i&e upon domesti& pri(ate +uridi&al entity. � 6hen the &efen&ant is a corporation# partnership or association or'ani0e& un&er the la(s of the Philippines (ith a /uri&ical personality# service %ay be %a&e on the presi&ent# %ana'in' partner# 'eneral %ana'er# corporate secretary# treasurer# or in9house counsel. (-2a) Se*t)o% 1,+ Ser(i&e upon foreign pri(ate +uridi&al entities. � 6hen the &efen&ant is a forei'n private /uri&ical entity (hich has transacte& business in the Philippines# service %ay be %a&e on its resi&ent a'ent &esi'nate& in accor&ance (ith la( for that purpose# or# if there be no such a'ent# on the 'overn%ent official &esi'nate& by la( to that effect# or on any of its officers or a'ents (ithin the Philippines. (-1a) Se*t)o% 1-+ Ser(i&e upon pu'li& &orporations. � 6hen the &efen&ant is the ,epublic of the Philippines# service %ay be effecte& on the $olicitor Aeneral5 in case of a province# city or %unicipality# or like public corporations# service %ay be effecte& on its e.ecutive hea&# or on such other officer or officers as the la( or the court %ay &irect. (-5) Se*t)o% 1.+ Ser(i&e upon defendant %hose identity or %herea'outs are un/no%n. � !n any action (here the &efen&ant is &esi'nate& as an unkno(n o(ner# or the like# or (henever his (hereabouts are unkno(n an& cannot be ascertaine& by &ili'ent in<uiry# service %ay# by leave of court# be effecte& upon hi% by publication in a ne(spaper of 'eneral circulation an& in such places an& for such ti%e as the court %ay or&er. (-3a)

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Se*t)o% 1/+ 02traterritorial ser(i&e. � 6hen the &efen&ant &oes not resi&e an& is not foun& in the Philippines# an& the action affects the personal status of the plaintiff or relates to# or the sub/ect of (hich is# property (ithin the Philippines# in (hich the &efen&ant has or clai%s a lien or interest# actual or contin'ent# or in (hich the relief &e%an&e& consists# (holly or in part# in e.clu&in' the &efen&ant fro% any interest therein# or the property of the &efen&ant has been attache& (ithin the Philippines# service %ay# by leave of court# be effecte& out of the Philippines by personal service as un&er section 35 or by publication in a ne(spaper of 'eneral circulation in such places an& for such ti%e as the court %ay or&er# in (hich case a copy of the su%%ons an& or&er of the court shall be sent by re'istere& %ail to the last kno(n a&&ress of the &efen&ant# or in any other %anner the court %ay &ee% sufficient. Any or&er 'rantin' such leave shall specify a reasonable ti%e# (hich shall not be less than si.ty (30) &ays after notice# (ithin (hich the &efen&ant %ust ans(er. (-=a) Se*t)o% 10+ Residents temporarily out of the Philippines. � 6hen any action is co%%ence& a'ainst a &efen&ant (ho or&inarily resi&es (ithin the Philippines# but (ho is te%porarily out of it# service %ay# by leave of court# be also effecte& out of the Philippines# as un&er the prece&in' section. (-8a) Se*t)o% 17+ ;ea(e of &ourt. � Any application to the court un&er this ,ule for leave to effect service in any %anner for (hich leave of court is necessary shall be %a&e by %otion in (ritin'# supporte& by affi&avit of the plaintiff or so%e person on his behalf# settin' forth the 'roun&s for the application. (->) Se*t)o% 13+ Proof of ser(i&e. � +he proof of service of a su%%ons shall be %a&e in (ritin' by the server an& shall set forth the %anner# place# an& &ate of service5 shall specify any papers (hich have been serve& (ith the process an& the na%e of the person (ho receive& the sa%e5 an& shall be s(orn to (hen %a&e by a person other than a sheriff or his &eputy. (20) Se*t)o% 19+ Proof of ser(i&e 'y pu'li&ation. � !f the service has been %a&e by publication# service %ay be prove& by the affi&avit of the printer# his fore%an or principal clerk# or of the e&itor# business or a&vertisin' %ana'er# to (hich affi&avit a copy of the publication shall be attache& an& by an affi&avit sho(in' the &eposit of a copy of the su%%ons an& or&er for publication in the post office# posta'e prepai&# &irecte& to the &efen&ant by re'istere& %ail to his last kno(n a&&ress. (2-) Se*t)o% ,4+ 4oluntary appearan&e. � +he &efen&antDs voluntary appearance in the action shall be e<uivalent to service of su%%ons. +he inclusion in a %otion to &is%iss of other 'roun&s asi&e fro% lack of /uris&iction over the person of the &efen&ant shall not be &ee%e& a voluntary appearance. (22a)

RULE 1/ Mot)o%s Se*t)o% 1+ Motion defined. � A %otion is an application for relief other than by a plea&in'. (-a) Se*t)o% ,+ Motions must 'e in %ritings. � All %otions shall be in (ritin' e.cept those %a&e in open court or in the course of a hearin' or trial. (2a) Se*t)o% -+ Contents. � A %otion shall state the relief sou'ht to be obtaine& an& the 'roun&s upon (hich it is base&# an& if re<uire& by these ,ules or necessary to prove facts alle'e& therein# shall be acco%panie& by supportin' affi&avits an& other papers. (2a)

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Se*t)o% .+ 7earing of motion. � 4.cept for %otions (hich the court %ay act upon (ithout pre/u&icin' the ri'hts of the a&verse party# every (ritten %otion shall be set for hearin' by the applicant. 4very (ritten %otion re<uire& to be hear& an& the notice of the hearin' thereof shall be serve& in such a %anner as to ensure its receipt by the other party at least three (2) &ays before the &ate of hearin'# unless the court for 'oo& cause sets the hearin' on shorter notice. (1a) Se*t)o% /+ Noti&e of hearing. � +he notice of hearin' shall be a&&resse& to all parties concerne&# an& shall specify the ti%e an& &ate of the hearin' (hich %ust not be later than ten (-0) &ays after the filin' of the %otion. (5a) Se*t)o% 0+ Proof of ser(i&e ne&essary. � ?o (ritten %otion set for hearin' shall be acte& upon by the court (ithout proof of service thereof. (3a) Se*t)o% 7+ Motion day. � 4.cept for %otions re<uirin' i%%e&iate action# all %otions shall be sche&ule& for hearin' on @ri&ay afternoons# or if @ri&ay is a non9(orkin' &ay# in the afternoon of the ne.t (orkin' &ay. (=a) Se*t)o% 3+ )mni'us motion. � $ub/ect to the provisions of section - of ,ule ># a %otion attackin' a plea&in'# or&er# /u&'%ent# or procee&in' shall inclu&e all ob/ections then available# an& all ob/ections not so inclu&e& shall be &ee%e& (aive&. (8a) Se*t)o% 9+ Motion for lea(e. � A %otion for leave to file a plea&in' or %otion shall be acco%panie& by the plea&in' or %otion sou'ht to be a&%itte&. (n) Se*t)o% 14+ 8orm. � +he ,ules applicable to plea&in's shall apply to (ritten %otions so far as concerns caption# &esi'nation# si'nature# an& other %atters of for%. (>a)

RULE 10 Mot)o% to D)s5)ss Se*t)o% 1+ 3rounds. � 6ithin the ti%e for but before filin' the ans(er to the co%plaint or plea&in' assertin' a clai%# a %otion to &is%iss %ay be %a&e on any of the follo(in' 'roun&s* (a) +hat the court has no /uris&iction over the person of the &efen&in' party5 (b) +hat the court has no /uris&iction over the sub/ect %atter of the clai%5 (c) +hat venue is i%properly lai&5 (&) +hat the plaintiff has no le'al capacity to sue5 (e) +hat there is another action pen&in' bet(een the sa%e parties for the sa%e cause5 (f) +hat the cause of action is barre& by a prior /u&'%ent or by the statute of li%itations5 (') +hat the plea&in' assertin' the clai% states no cause of action5

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(h) +hat the clai% or &e%an& set forth in the plaintiffDs plea&in' has been pai&# (aive&# aban&one&# or other(ise e.tin'uishe&5 (i) +hat the clai% on (hich the action is foun&e& is enforceable un&er the provisions of the statute of frau&s5 an& (/) +hat a con&ition prece&ent for filin' the clai% has not been co%plie& (ith. (-a) Se*t)o% ,+ 7earing of motion. � At the hearin' of the %otion# the parties shall sub%it their ar'u%ents on the <uestions of la( an& their evi&ence on the <uestions of fact involve& e.cept those not available at that ti%e. $houl& the case 'o to trial# the evi&ence presente& &urin' the hearin' shall auto%atically be part of the evi&ence of the party presentin' the sa%e. (n) Se*t)o% -+ Resolution of Motion. � After the hearin'# the court %ay &is%iss the action or clai%# &eny the %otion# or or&er the a%en&%ent of the plea&in'. +he court shall not &efer the resolution of the %otion for the reason that the 'roun& relie& upon is not in&ubitable. !n every case# the resolution shall state clearly an& &istinctly the reasons therefor. (2a) Se*t)o% .+ #ime to plead. � !f the %otion is &enie&# the %ovant shall file his ans(er (ithin the balance of the perio& prescribe& by ,ule -- to (hich he (as entitle& at the ti%e of servin' his %otion# but not less than five (5) &ays in any event# co%pute& fro% his receipt of the notice of the &enial. !f the plea&in' is or&ere& to be a%en&e&# he shall file his ans(er (ithin the perio& prescribe& by ,ule -- counte& fro% service of the a%en&e& plea&in'# unless the court provi&es a lon'er perio&. (1a) Se*t)o% /+ 0ffe&t of dismissal. � $ub/ect to the ri'ht of appeal# an or&er 'rantin' a %otion to &is%iss base& on para'raphs (f)# (h) an& (i) of section - hereof shall bar the refilin' of the sa%e action or clai%. (n) Se*t)o% 0+ Pleading grounds as affirmati(e defenses. � !f no %otion to &is%iss has been file&# any of the 'roun&s for &is%issal provi&e& for in this ,ule %ay be plea&e& as an affir%ative &efense in the ans(er an&# in the &iscretion of the court# a preli%inary hearin' %ay be ha& thereon as if a %otion to &is%iss ha& been file&. (5a) +he &is%issal of the co%plaint un&er this section shall be (ithout pre/u&ice to the prosecution in the sa%e or separate action of a counterclai% plea&e& in the ans(er. (n)

RULE 17 D)s5)ss&' of A*t)o%s Se*t)o% 1+ 1ismissal upon noti&e 'y plaintiff. � A co%plaint %ay be &is%isse& by the plaintiff by filin' a notice of &is%issal at any ti%e before service of the ans(er or of a %otion for su%%ary /u&'%ent. :pon such notice bein' file&# the court shall issue an or&er confir%in' the &is%issal. :nless other(ise state& in the notice# the &is%issal is (ithout pre/u&ice# e.cept that a notice operates as an a&/u&ication upon the %erits (hen file& by a plaintiff (ho has once &is%isse& in a co%petent court an action base& on or inclu&in' the sa%e clai%. (-a)

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Se*t)o% ,+ 1ismissal upon motion of plaintiff. � 4.cept as provi&e& in the prece&in' section# a co%plaint shall not be &is%isse& at the plaintiffDs instance save upon approval of the court an& upon such ter%s an& con&itions as the court &ee%s proper. !f a counterclai% has been plea&e& by a &efen&ant prior to the service upon hi% of the plaintiffs %otion for &is%issal# the &is%issal shall be li%ite& to the co%plaint. +he &is%issal shall be (ithout pre/u&ice to the ri'ht of the &efen&ant to prosecute his counterclai% in a separate action unless (ithin fifteen (-5) &ays fro% notice of the %otion he %anifests his preference to have his counterclai% resolve& in the sa%e action. :nless other(ise specifie& in the or&er# a &is%issal un&er this para'raph shall be (ithout pre/u&ice. A class suit shall not be &is%isse& or co%pro%ise& (ithout the approval of the court. (2a) Se*t)o% -+ 1ismissal due to fault of plaintiff. � !f# for no /ustifiable cause# the plaintiff fails to appear on the &ate of the presentation of his evi&ence in chief on the co%plaint# or to prosecute his action for an unreasonable len'th of ti%e# or to co%ply (ith these ,ules or any or&er of the court# the co%plaint %ay be &is%isse& upon %otion of the &efen&ant or upon the courtDs o(n %otion# (ithout pre/u&ice to the ri'ht of the &efen&ant to prosecute his counterclai% in the sa%e or in a separate action. +his &is%issal shall have the effect of an a&/u&ication upon the %erits# unless other(ise &eclare& by the court. (2a) Se*t)o% .+ 1ismissal of &ounter&laim# &ross-&laim# or third-party &omplaint. � +he provisions of this ,ule shall apply to the &is%issal of any counterclai%# cross9clai%# or thir&9party co%plaint. A voluntary &is%issal by the clai%ant by notice as in section - of this ,ule# shall be %a&e before a responsive plea&in' or a %otion for su%%ary /u&'%ent is serve& or# if there is none# before the intro&uction of evi&ence at the trial or hearin'. (1a)

RULE 13 Pre Tr)&' Se*t)o% 1+ ,hen &ondu&ted. � After the last plea&in' has been serve& an& file&# if shall be the &uty of the plaintiff to pro%ptly %ove e2 parte that the case be set for pre9trial (5a# ,20) Se*t)o% ,+ Nature and purpose. � +he pre9trial is %an&atory. +he court shall consi&er* (a) +he possibility of an a%icable settle%ent or of a sub%ission to alternative %o&es of &ispute resolution5 (b) +he si%plification of the issues5 (c) +he necessity or &esirability of a%en&%ents to the plea&in's5 (&) +he possibility of obtainin' stipulations or a&%issions of facts an& of &ocu%ents to avoi& unnecessary proof5 (e) +he li%itation of the nu%ber of (itnesses5 (f) +he a&visability of a preli%inary reference of issues to a co%%issioner5 (') +he propriety of ren&erin' /u&'%ent on the plea&in's# or su%%ary /u&'%ent# or of &is%issin' the action shoul& a vali& 'roun& therefor be foun& to e.ist5 (h) +he a&visability or necessity of suspen&in' the procee&in's5 an&

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(i) $uch other %atters as %ay ai& in the pro%pt &isposition of the action. (-a# ,20) Se*t)o% -+ Noti&e of pre-trial. � +he notice of pre9trial shall be serve& on counsel# or on the party (ho has no counsel. +he counsel serve& (ith such notice is char'e& (ith the &uty of notifyin' the party represente& by hi%. (n) Se*t)o% .+ Appearan&e of parties. � !t shall be the &uty of the parties an& their counsel to appear at the pre9trial. +he non9appearance of a party %ay be e.cuse& only if a vali& cause is sho(n therefor or if a representative shall appear in his behalf fully authori0e& in (ritin' to enter into an a%icable settle%ent# to sub%it to alternative %o&es of &ispute resolution# an& to enter into stipulations or a&%issions of facts an& of &ocu%ents. (n) Se*t)o% /+ 0ffe&t of failure to appear. � +he failure of the plaintiff to appear (hen so re<uire& pursuant to the ne.t prece&in' section shall be cause for &is%issal of the action. +he &is%issal shall be (ith pre/u&ice# unless other9(ise or&ere& by the court. A si%ilar failure on the part of the &efen&ant shall be cause to allo( the plaintiff to present his evi&ence e2 parte an& the court to ren&er /u&'%ent on the basis thereof. (2a# ,20) Se*t)o% 0+ Pre-trial 'rief. � +he parties shall file (ith the court an& serve on the a&verse party# in such %anner as shall ensure their receipt thereof at least three (2) &ays before the &ate of the pre9 trial# their respective pre9trial briefs (hich shall contain# a%on' others* (a) A state%ent of their (illin'ness to enter into a%icable settle%ent or alternative %o&es of &ispute resolution# in&icatin' the &esire& ter%s thereof5 (b) A su%%ary of a&%itte& facts an& propose& stipulation of facts5 (c) +he issues to be trie& or resolve&5 (&) +he &ocu%ents or e.hibits to be presente& statin' the purpose thereof5 (e) A %anifestation of their havin' availe& or their intention to avail the%selves of &iscovery proce&ures or referral to co%%issioners5 an& (f) +he nu%ber an& na%es of the (itnesses# an& the substance of their respective testi%onies. @ailure to file the pre9trial brief shall have the sa%e effect as failure to appear at the pre9trial. (n) Se*t)o% 7+ Re&ord of pre-trial. � +he procee&in's in the pre9trial shall be recor&e&. :pon the ter%ination thereof# the court shall issue an or&er (hich shall recite in &etail the %atters taken up in the conference# the action taken thereon# the a%en&%ents allo(e& to the plea&in's# an& the a'ree%ents or a&%issions %a&e by the parties as to any of the %atters consi&ere&. $houl& the action procee& to trial# the or&er shall# e.plicitly &efine an& li%it the issues to be trie&. +he contents of the or&er shall control the subse<uent course of the action# unless %o&ifie& before trial to prevent %anifest in/ustice. (5a# ,20)

RULE 19 I%ter(e%t)o%

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Se*t)o% 1+ ,ho may inter(ene. � A person (ho has a le'al interest in the %atter in liti'ation# or in the success of either of the parties# or an interest a'ainst both# or is so situate& as to be a&versely affecte& by a &istribution or other &isposition of property in the custo&y of the court or of an officer thereof %ay# (ith leave of court# be allo(e& to intervene in the action. +he court shall consi&er (hether or not the intervention (ill un&uly &elay or pre/u&ice the a&/u&ication of the ri'hts of the ori'inal parties# an& (hether or not the intervenorDs ri'hts %ay be fully protecte& in a separate procee&in'. (2BaC# BbCa# ,-2) Se*t)o% ,+ #ime to inter(ene. � +he %otion to intervene %ay be file& at any ti%e before ren&ition of /u&'%ent by the trial court. A copy of the plea&in'9in9intervention shall be attache& to the %otion an& serve& on the ori'inal parties. (n) Se*t)o% -+ Pleadings-in-inter(ention. � +he intervenor shall file a co%plaint9in9intervention if he asserts a clai% a'ainst either or all of the ori'inal parties# or an ans(er9in9intervention if he unites (ith the &efen&in' party in resistin' a clai% a'ainst the latter. (2BcCa# ,-2) Se*t)o% .+ Ans%er to &omplaint-in-inter(ention. � +he ans(er to the co%plaint9in9intervention shall be file& (ithin fifteen (-5) &ays fro% notice of the or&er a&%ittin' the sa%e# unless a &ifferent perio& is fi.e& by the court. (2B&Ca# ,-2)

RULE ,4 C&'e%1&r of C&ses Se*t)o% 1+ Calendar of &ases. � +he clerk of court# un&er the &irect supervision of the /u&'e# shall keep a calen&ar of cases for pre9trial# for trial# those (hose trials (ere a&/ourne& or postpone&# an& those (ith %otions to set for hearin'. Preference shall be 'iven to ha'eas &orpus cases# election cases# special civil actions# an& those so re<uire& by la(. (-a# ,22) Se*t)o% ,+ Assignment of &ases. � +he assi'n%ent of cases to the &ifferent branches of a court shall be &one e.clusively by raffle. +he assi'n%ent shall be &one in open session of (hich a&e<uate notice shall be 'iven so as to affor& intereste& parties the opportunity to be present. (=a# ,22)

RULE ,1 Su<9oe%& Se*t)o% 1+ Su'poena and su'poena du&es te&um. � $ubpoena is a process &irecte& to a person re<uirin' hi% to atten& an& to testify at the hearin' or the trial of an action# or at any investi'ation con&ucte& by co%petent authority# or for the takin' of his &eposition. !t %ay also re<uire hi% to brin' (ith hi% any books# &ocu%ents# or other thin's un&er his control# in (hich case it is calle& a subpoena du&es te&um. (-a# ,22) Se*t)o% ,+ By %hom issued. � +he subpoena %ay be issue& by � (a) the court before (ho% the (itness is re<uire& to atten&5 (b) the court of the place (here the &eposition is to be taken5

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(c) the officer or bo&y authori0e& by la( to &o so in connection (ith investi'ations con&ucte& by sai& officer or bo&y5 or (&) any Justice of the $upre%e "ourt or of the "ourt of Appeals in any case or investi'ation pen&in' (ithin the Philippines. 6hen application for a subpoena to a prisoner is %a&e# the /u&'e or officer shall e.a%ine an& stu&y carefully such application to &eter%ine (hether the sa%e is %a&e for a vali& purpose. ?o prisoner sentence& to &eath# re&lusion perpetua or life i%prison%ent an& (ho is confine& in any penal institution shall be brou'ht outsi&e the sai& penal institution for appearance or atten&ance in any court unless authori0e& by the $upre%e "ourt (2a# ,22) Se*t)o% -+ 8orm and &ontents. � A subpoena shall state the na%e of the court an& the title of the action or investi'ation# shall be &irecte& to the person (hose atten&ance is re<uire&# an& in the case of a subpoena du&es te&um# it shall also contain a reasonable &escription of the books# &ocu%ents or thin's &e%an&e& (hich %ust appear to the court prima fa&ie relevant. (2a# ,22) Se*t)o% .+ <uashing a su'poena. � +he court %ay <uash a subpoena du&es te&um upon %otion pro%ptly %a&e an&# in any event# at or before the ti%e specifie& therein if it is unreasonable an& oppressive# or the relevancy of the books# &ocu%ents or thin's &oes not appear# or if the person in (hose behalf the subpoena is issue& fails to a&vance the reasonable cost of the pro&uction thereof. +he court %ay <uash a subpoena a& testifi&andum on the 'roun& that the (itness is not boun& thereby. !n either case# the subpoena %ay be <uashe& on the 'roun& that the (itness fees an& kilo%etra'e allo(e& by these ,ules (ere not ten&ere& (hen the subpoena (as serve&. (1a# ,22) Se*t)o% /+ Su'poena for depositions. � Proof of service of a notice to take a &eposition# as provi&e& in sections -5 an& 25 of ,ule 22# shall constitute sufficient authori0ation for the issuance of subpoenas for the persons na%e& in sai& notice by the clerk of the court of the place in (hich the &eposition is to be taken. +he clerk shall not# ho(ever# issue a subpoena du&es te&um to any such person (ithout an or&er of the court. (5a# ,22) Se*t)o% 0+ Ser(i&e. � $ervice of a subpoena shall be %a&e in the sa%e %anner as personal or substitute& service of su%%ons. +he ori'inal shall be e.hibite& an& a copy thereof &elivere& to the person on (ho% it is serve&# ten&erin' to hi% the fees for one &ayDs atten&ance an& the kilo%etra'e allo(e& by these ,ules# e.cept that# (hen a subpoena is issue& by or on behalf of the ,epublic of the Philippines or an officer or a'ency thereof# the ten&er nee& not be %a&e. +he service %ust be %a&e so as to allo( the (itness a reasonable ti%e for preparation an& travel to the place of atten&ance. !f the subpoena is du&es te&um, the reasonable cost of pro&ucin' the books# &ocu%ents or thin's &e%an&e& shall also be ten&ere&. (3a# ,22) Se*t)o% 7+ Personal appearan&e in &ourt. � A person present in court before a /u&icial officer %ay be re<uire& to testify as if he (ere in atten&ance upon a subpoena is sue& by such court or officer. (-0# ,22) Se*t)o% 3+ Compelling attendan&e. � !n case of failure of a (itness to atten&# the court or /u&'e issuin' the subpoena# upon proof of the service thereof an& of the failure of the (itness# %ay issue a (arrant to the sheriff of the province# or his &eputy# to arrest the (itness an& brin' hi% before the court or officer (here his atten&ance is re<uire&# an& the cost of such (arrant an& sei0ure of such (itness shall be pai& by the (itness if the court issuin' it shall &eter%ine that his failure to ans(er the subpoena (as (illful an& (ithout /ust e.cuse. (--# ,22)

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Se*t)o% 9+ Contempt. � @ailure by any person (ithout a&e<uate cause to obey a subpoena serve& upon hi% shall be &ee%e& a conte%pt of the court fro% (hich the subpoena is issue&. !f the subpoena (as not issue& by a court# the &isobe&ience thereto shall be punishe& in accor&ance (ith the applicable la( or ,ule. (-2a ,22) Se*t)o% 14+ 02&eptions. � +he provisions of sections 8 an& > of this ,ule shall not apply to a (itness (ho resi&es %ore than one hun&re& (-00) kilo%eters fro% his resi&ence to the place (here he is to testify by the or&inary course of travel# or to a &etention prisoner if no per%ission of the court in (hich his case is pen&in' (as obtaine&. (>a# ,22)

RULE ,, Co59ut&t)o% of T)5e Se*t)o% 1+ 7o% to &ompute time. � !n co%putin' any perio& of ti%e prescribe& or allo(e& by these ,ules# or by or&er of the court# or by any applicable statute# the &ay of the act or event fro% (hich the &esi'nate& perio& of ti%e be'ins to run is to be e.clu&e& an& the &ate of perfor%ance inclu&e&. !f the last &ay of the perio&# as thus co%pute&# falls on a $atur&ay a $un&ay# or a le'al holi&ay in the place (here the court sits# the ti%e shall not run until the ne.t (orkin' &ay. (a) Se*t)o% ,+ 0ffe&t of interruption. � $houl& an act be &one (hich effectively interrupts the runnin' of the perio&# the allo(able perio& after such interruption shall start to run on the &ay after notice of the cessation of the cause thereof. +he &ay of the act that cause& the interruption shall be e.clu&e& in the co%putation of the perio&. (n)

RULE ,De9os)t)o%s Pe%1)%6 A*t)o% Se*t)o% 1+ 1epositions pending a&tion# %hen may 'e ta/en. � )y leave of court after /uris&iction has been obtaine& over any &efen&ant or over property (hich is the sub/ect of the action# or (ithout such leave after an ans(er has been serve&# the testi%ony of any person# (hether a party or not# %ay be taken# at the instance of any party# by &eposition upon oral e.a%ination or (ritten interro'atories. +he atten&ance of (itnesses %ay be co%pelle& by the use of a subpoena as provi&e& in ,ule 2-. Eepositions shall be taken only in accor&ance (ith these ,ules. +he &eposition of a person confine& in prison %ay be taken only by leave of court on such ter%s as the court prescribes. (-a# ,21) Se*t)o% ,+ S&ope of e2amination. � :nless other(ise or&ere& by the court as provi&e& by section -3 or -8 of this ,ule# the &eponent %ay be e.a%ine& re'ar&in' any %atter# not privile'e&# (hich is relevant to the sub/ect of the pen&in' action# (hether relatin' to the clai% or &efense of any other party# inclu&in' the e.istence# &escription# nature# custo&y# con&ition# an& location of any books# &ocu%ents# or other tan'ible thin's an& the i&entity an& location of persons havin' kno(le&'e of relevant facts. (2# ,21) Se*t)o% -+ 02amination and &ross-e2amination. � 4.a%ination an& cross9e.a%ination of &eponents %ay procee& as per%itte& at the trial un&er sections 2 to -8 of ,ule -22. (2a# ,21)

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Se*t)o% .+ .se of depositions. � At the trial or upon the hearin' of a %otion or an interlocutory procee&in'# any part or all of a &eposition# so far as a&%issible un&er the rules of evi&ence# %ay be use& a'ainst any party (ho (as present or represente& at the takin' of the &eposition or (ho ha& &ue notice thereof# in accor&ance (ith any one of the follo(in' provisions5 (a) Any &eposition %ay be use& by any party for the purpose of contra&ictin' or i%peachin' the testi%ony of &eponent as a (itness5 (b) +he &eposition of a party or of any one (ho at the ti%e of takin' the &eposition (as an officer# &irector# or %ana'in' a'ent of a public or private corporation# partnership# or association (hich is a party %ay be use& by an a&verse party for any purpose5 (c) +he &eposition of a (itness# (hether or not a party# %ay be use& by any party for any purpose if the court fin&s* (-) that the (itness is &ea&# or (2) that the (itness resi&es at a &istance %ore than one hun&re& (-00) kilo%eters fro% the place of trial or hearin'# or is out of the Philippines# unless it appears that his absence (as procure& by the party offerin' the &eposition# or (2) that the (itness is unable to atten& or testify because of a'e# sickness# infir%ity# or i%prison%ent# or (1) that the party offerin' the &eposition has been unable to procure the atten&ance of the (itness by subpoena5 or (5) upon application an& notice# that such e.ceptional circu%stances e.ist as to %ake it &esirable# in the interest of /ustice an& (ith &ue re'ar& to the i%portance of presentin' the testi%ony of (itnesses orally in open court# to allo( the &eposition to be use&5 an& (&) !f only part of a &eposition is offere& in evi&ence by a party# the a&verse party %ay re<uire hi% to intro&uce all of it (hich is relevant to the part intro&uce&# an& any party %ay intro&uce any other parts. (1a# ,21) Se*t)o% /+ 0ffe&t of su'stitution of parties. � $ubstitution of parties &oes not affect the ri'ht to use &epositions previously taken5 an&# (hen an action has been &is%isse& an& another action involvin' the sa%e sub/ect is after(ar& brou'ht bet(een the sa%e parties or their representatives or successors in interest# all &epositions la(fully taken an& &uly file& in the for%er action %ay be use& in the latter as if ori'inally taken therefor. (5# ,21) Se*t)o% 0+ )'+e&tions to admissi'ility. � $ub/ect to the provisions of section 2> of this ,ule# ob/ection %ay be %a&e at the trial or hearin'# to receivin' in evi&ence any &eposition or part thereof for any reason (hich (oul& re<uire the e.clusion of the evi&ence if the (itness (ere then present an& testifyin' (3# ,21) Se*t)o% 7+ 0ffe&t of ta/ing depositions. � A party shall not be &ee%e& to %ake a person his o(n (itness for any purpose by takin' his &eposition. (=# ,21) Se*t)o% 3+ 0ffe&t of using depositions. � +he intro&uction in evi&ence of the &eposition or any part thereof for any purpose other than that of contra&ictin' or i%peachin' the &eponent %akes the &eponent the (itness of the party intro&ucin' the &eposition# but this shall not apply to the use by an a&verse party of a &eposition as &escribe& in para'raph (b) of section 1 of this ,ule. (8# ,21) Se*t)o% 9+ Re'utting deposition. � At the trial or hearin' any party %ay rebut any relevant evi&ence containe& in a &eposition (hether intro&uce& by hi% or by any other party. (># ,21) Se*t)o% 14+ Persons 'efore %hom depositions may 'e ta/en %ithin the Philippines . � 6ithin the Philippines &epositions %ay be taken before any /u&'e# notary public# or the person referre& to in section -1 hereof. (-0a# ,21)

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Se*t)o% 11+ Persons 'efore %hom depositions may 'e ta/en in foreign &ountries. � !n a forei'n state or country# &epositions %ay be taken (a) on notice before a secretary of e%bassy or le'ation# consul 'eneral# consul# vice9consul# or consular a'ent of the ,epublic of the Philippines# (b) before such person or officer as %ay be appointe& by co%%ission or un&er letters ro'atory5 or (c) the person referre& to in section -1 hereof. (--a# ,21) Se*t)o% 1,+ Commission or letters rogatory. � A co%%ission or letters ro'atory shall be issue& only (hen necessary or convenient# on application an& notice# an& on such ter%s# an& (ith such &irection as are /ust an& appropriate. 7fficers %ay be &esi'nate& in notices or co%%issions either by na%e or &escriptive title an& letters ro'atory %ay be a&&resse& to the appropriate /u&icial authority in the forei'n country. (-2a# ,21) Se*t)o% 1-+ 1is:ualifi&ation 'y interest. � ?o &eposition shall be taken before a person (ho is a relative (ithin the si.th &e'ree of consan'uinity or affinity# or e%ployee or counsel of any of the parties# or (ho is a relative (ithin the sa%e &e'ree# or e%ployee of such counsel5 or (ho is financially intereste& in the action. (-2a# ,21) Se*t)o% 1.+ Stipulations regarding ta/ing of depositions. � !f the parties so stipulate in (ritin'# &epositions %ay be taken before any person authori0e& to a&%inister oaths# at any ti%e or place# in accor&ance (ith these ,ules an& (hen so taken %ay be use& like other &epositions. (-1a# ,21) Se*t)o% 1/+ 1eposition upon oral e2amination5 noti&e5 time and pla&e. � A party &esirin' to take the &eposition of any person upon oral e.a%ination shall 'ive reasonable notice in (ritin'# to every other party to the action. +he notice shall state the ti%e an& place for takin' the &eposition an& the na%e an& a&&ress of each person to be e.a%ine&# if kno(n# an& if the na%e is not kno(n# a 'eneral &escription sufficient to i&entify hi% or the particular class or 'roup to (hich he belon's. 7n %otion of any party upon (ho% the notice is serve&# the court %ay for cause sho(n enlar'e or shorten the ti%e. (-5# ,21) Se*t)o% 10+ )rders for the prote&tion of parties and deponents. � After notice is serve& for takin' a &eposition by oral e.a%ination# upon %otion seasonably %a&e by any party or by the person to be e.a%ine& an& for 'oo& cause sho(n# the court in (hich the action is pen&in' %ay %ake an or&er that the &eposition shall not be taken# or that it %ay be taken only at so%e &esi'nate& place other than that state& in the notice# or that it %ay be taken only on (ritten interro'atories# or that certain %atters shall not be in<uire& into# or that the scope of the e.a%ination shall be hel& (ith no one present e.cept the parties to the action an& their officers or counsel# or that after bein' seale& the &eposition shall be opene& only by or&er of the court# or that secret processes# &evelop%ents# or research nee& not be &isclose&# or that the parties shall si%ultaneously file specifie& &ocu%ents or infor%ation enclose& in seale& envelopes to be opene& as &irecte& by the court or the court %ay %ake any other or&er (hich /ustice re<uires to protect the party or (itness fro% annoyance# e%barrass%ent# or oppression. (-3a# ,21) Se*t)o% 17+ Re&ord of e2amination# oath5 o'+e&tions. � +he officer before (ho% the &eposition is to be taken shall put the (itness on oath an& shall personally# or by so%e one actin' un&er his &irection an& in his presence# recor& the testi%ony of the (itness. +he testi%ony shall be taken steno'raphically unless the parties a'ree other(ise. All ob/ections %a&e at the ti%e of the e.a%ination to the <ualifications of the officer takin' the &eposition# or to the %anner of talkin' it# or to the evi&ence presente&# or to the con&uct of any party# an& any other ob/ection to the procee&in's# shall be note& by the officer upon the &eposition. 4vi&ence ob/ecte& to shall be taken sub/ect to the ob/ections. !n lieu of participatin' in the oral e.a%ination# parties serve& (ith notice of takin' a &eposition %ay trans%it (ritten interro'atories to the officers# (ho shall propoun& the% to the (itness an& recor& the ans(ers (er'atim. (-=# ,21) Se*t)o% 13+ Motion to terminate or limit e2amination. � At any ti%e &urin' the takin' of the &eposition# on %otion or petition of any party or of the &eponent# an& upon a sho(in' that the

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e.a%ination is bein' con&ucte& in ba& faith or in such %anner as unreasonably to annoy# e%barrass# or oppress the &eponent or party# the court in (hich the action is pen&in' or the ,e'ional +rial "ourt of the place (here the &eposition is bein' taken %ay or&er the officer con&uctin' the e.a%ination to cease forth(ith fro% takin' the &eposition# or %ay li%it the scope an& %anner of the takin' of the &eposition# as provi&e& in section -3 of this ,ule. !f the or&er %a&e ter%inates the e.a%ination# it shall be resu%e& thereafter only upon the or&er of the court in (hich the action is pen&in'. :pon &e%an& of the ob/ectin' party or &eponent# the takin' of the &eposition shall be suspen&e& for the ti%e necessary to %ake a notice for an or&er. !n 'rantin' or refusin' such or&er# the court %ay i%pose upon either party or upon the (itness the re<uire%ent to pay such costs or e.penses as the court %ay &ee% reasonable. (-8a# ,21) Se*t)o% 19+ Su'mission to %itness5 &hanges5 signing. � 6hen the testi%ony is fully transcribe&# the &eposition shall be sub%itte& to the (itness for e.a%ination an& shall be rea& to or by hi%# unless such e.a%ination an& rea&in' are (aive& by the (itness an& by the parties. Any chan'es in for% or substance (hich the (itness &esires to %ake shall be entere& upon the &eposition by the officer (ith a state%ent of the reasons 'iven by the (itness for %akin' the%. +he &eposition shall then be si'ne& by the (itness# unless the parties by stipulation (aive the si'nin' or the (itness is ill or cannot be foun& or refuses to si'n. !f the &eposition is not si'ne& by the (itness# the officer shall si'n it an& state on the recor& the fact of the (aiver or of the illness or absence of the (itness or the fact of the refusal to si'n to'ether (ith the reason be 'iven therefor# if any# an& the &eposition %ay then be use& as fully as thou'h si'ne&# unless on a %otion to suppress un&er section 2> (f) of this ,ule# the court hol&s that the reasons 'iven for the refusal to si'n re<uire re/ection of the &eposition in (hole or in part. (->a# ,21) Se*t)o% ,4+ Certifi&ation# and filing 'y offi&er. � +he officer shall certify on the &eposition that the (itness (as &uly s(orn to by hi% an& that the &eposition is a true recor& of the testi%ony 'iven by the (itness. ;e shall then securely seal the &eposition in an envelope in&orse& (ith the title of the action an& %arke& 8Eeposition of (here insert the na%e of (itness)8 an& shall pro%ptly file it (ith the court in (hich the action is pen&in' or sen& it by re'istere& %ail to the clerk thereof for filin'. (20# ,21) Se*t)o% ,1+ Noti&e of filing. � +he officer takin' the &eposition shall 'ive pro%pt notice of its filin' to all the parties. (2-# ,21) Se*t)o% ,,+ 8urnishing &opies. � :pon pay%ent of reasonable char'es therefor# the officer shall furnish a copy of the &eposition to any party or to the &eponent. (22# ,21) Se*t)o% ,-+ 8ailure to attend of party gi(ing noti&e. � !f the party 'ivin' the notice of the takin' of a &eposition fails to atten& an& procee& there(ith an& another atten&s in person or by counsel pursuant to the notice# the court %ay or&er the party 'ivin' the notice to pay such other party the a%ount of the reasonable e.penses incurre& by hi% an& his counsel in so atten&in'# inclu&in' reasonable attorneyDs fees. (22a# ,21) Se*t)o% ,.+ 8ailure of party gi(ing noti&e to ser(e su'poena . � !f the party 'ivin' the notice of the takin' of a &eposition of a (itness fails to serve a subpoena upon hi% an& the (itness because of such failure &oes not atten&# an& if another party atten&s in person or by counsel because he e.pects the &eposition of that (itness to be taken# the court %ay or&er the party 'ivin' the notice to pay to such other party the a%ount of the reasonable e.penses incurre& by hi% an& his counsel in so atten&in'# inclu&in' reasonable attorneyDs fees. (21a# ,21) Se*t)o% ,/+ 1eposition upon %ritten interrogatories5 ser(i&e of noti&e and of interrogatories. � A party &esirin' to take the &eposition of any person upon (ritten interro'atories shall serve the% upon every other party (ith a notice statin' the na%e an& a&&ress of the person (ho is to ans(er the% an& the na%e or &escriptive title an& a&&ress of the officer before (ho% the &eposition is to be taken. 6ithin ten (-0) &ays thereafter# a party so serve& %ay serve cross9interro'atories upon the

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party proposin' to take the &eposition. 6ithin five (5) &ays thereafter# the latter %ay serve re9&irect interro'atories upon a party (ho has serve& cross9interro'atories. 6ithin three (2) &ays after bein' serve& (ith re9&irect interro'atories# a party %ay serve recross9interro'atories upon the party proposin' to take the &eposition. (25# ,21) Se*t)o% ,0+ )ffi&ers to ta/e responses and prepare re&ord. � A copy of the notice an& copies of all interro'atories serve& shall be &elivere& by the party takin' the &eposition to the officer &esi'nate& in the notice# (ho shall procee& pro%ptly# in the %anner provi&e& by sections -=# -> an& 20 of this ,ule# to take the testi%ony of the (itness in response to the interro'atories an& to prepare# certify# an& file or %ail the &eposition# attachin' thereto the copy of the notice an& the interro'atories receive& by hi%. (23# ,21) Se*t)o% ,7+ Noti&e of filing and furnishing &opies. � 6hen a &eposition upon interro'atories is file&# the officer takin' it shall pro%ptly 'ive notice thereof to all the parties# an& %ay furnish copies to the% or to the &eponent upon pay%ent of reasonable char'es therefor. (2=# ,21) Se*t)o% ,3+ )rder for the prote&tion of parties and deponents. � After the service of the interro'atories an& prior to the takin' of the testi%ony of the &eponent# the court in (hich the action is pen&in'# on %otion pro%ptly %a&e by a party or a &eponent# an& for 'oo& cause sho(n# %ay %ake any or&er specifie& in sections -5# -3 an& -8 of this ,ule (hich is appropriate an& /ust or an or&er that the &eposition shall not be taken before the officer &esi'nate& in the notice or that it shall not be taken e.cept upon oral e.a%ination. (28a# ,21) Se*t)o% ,9+ 0ffe&t of errors and irregularities in depositions. � (a) As to noti&e. � All errors an& irre'ularities in the notice for takin' a &eposition are (aive& unless (ritten ob/ection is pro%ptly serve& upon the party 'ivin' the notice. (b) As to dis:ualifi&ation of offi&er. � 7b/ection to takin' a &eposition because of &is<ualification of the officer before (ho% it is to be taken is (aive& unless %a&e before the takin' of the &eposition be'ins or as soon thereafter as the &is<ualification beco%es kno(n or coul& be &iscovere& (ith reasonable &ili'ence. (c) As to &ompeten&y or rele(an&y of e(iden&e. � 7b/ections to the co%petency of (itness or the co%petency# relevancy# or %ateriality of testi%ony are not (aive& by failure to %ake the% before or &urin' the takin' of the &eposition# unless the 'roun&# of the ob/ection is one (hich %i'ht have been obviate& or re%ove& if presente& at that ti%e. (&) As to oral e2amination and other parti&ulars. � 4rrors an& irre'ularities occurrin' at the oral e.a%ination in the %anner of takin' the &eposition in the for% of the <uestions or ans(ers# in the oath or affir%ation# or in the con&uct of the parties an& errors of any kin& (hich %i'ht be obviate&# re%ove&# or cure& if pro%ptly prosecute&# are (aive& unless reasonable ob/ection thereto is %a&e at the takin' of the &eposition. (e) As to form of %ritten interrogatories. � 7b/ections to the for% of (ritten interro'atories sub%itte& un&er sections 25 an& 23 of this ,ule are (aive& unless serve& in (ritin' upon the party propoun&in' the% (ithin the ti%e allo(e& for servin' succee&in' cross or other interro'atories an& (ithin three (2) &ays after service of the last interro'atories authori0e&. (f) As to manner of preparation. � 4rrors an& irre'ularities in the %anner in (hich the testi%ony is transcribe& or the &eposition is prepare&# si'ne&# certifie&# seale&# in&orse&# trans%itte&# file&# or other(ise &ealt (ith by the officer un&er sections -=# -># 20 an& 23 of this ,ule are (aive& unless a %otion to suppress the &eposition or so%e part thereof is %a&e

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(ith reasonable pro%ptness after such &efect is# or (ith &ue &ili'ence %i'ht have been# ascertaine&. (2>a# ,21)

RULE ,. De9os)t)o%s ;efore A*t)o% or Pe%1)%6 A99e&' Se*t)o% 1+ 1epositions 'efore a&tion5 petition. � A person (ho &esires to perpetuate his o(n testi%ony or that of another person re'ar&in' any %atter that %ay be co'ni0able in any court of the Philippines %ay file a verifie& petition in the court of the place of the resi&ence of any e.pecte& a&verse party. (-a ,-21) Se*t)o% ,+ Contents of petition. � +he petition shall be entitle& in the na%e of the petitioner an& shall sho(* (a) that the petitioner e.pects to be a party to an action in a court of the Philippines but is presently unable to brin' it or cause it to be brou'ht5 (b) the sub/ect %atter of the e.pecte& action an& his interest therein5 (c) the facts (hich he &esires to establish by the propose& testi%ony an& his reasons for &esirin' to perpetuate it5 (&) the na%es or a &escription of the persons he e.pects (ill be a&verse parties an& their a&&resses so far as kno(n5 an& (e) the na%es an& a&&resses of the persons to be e.a%ine& an& the substance of the testi%ony (hich he e.pects to elicit fro% each# an& shall ask for an or&er authori0in' the petitioner to take the &epositions of the persons to be e.a%ine& na%e& in the petition for the purpose of perpetuatin' their testi%ony. (2# ,-21) Se*t)o% -+ Noti&e and ser(i&e. � +he petitioner shall serve a notice upon each person na%e& in the petition as an e.pecte& a&verse party# to'ether (ith a copy of the petition# statin' that the petitioner (ill apply to the court# at a ti%e an& place na%e& therein# for the or&er &escribe& in the petition. At least t(enty (20) &ays before the &ate of the hearin'# the court shall cause notice thereof to be serve& on the parties an& prospective &eponents in the %anner provi&e& for service of su%%ons. (2a# ,-21) Se*t)o% .+ )rder and e2amination. � !f the court is satisfie& that the perpetuation of the testi%ony %ay prevent a failure or &elay of /ustice# it shall %ake an or&er &esi'natin' or &escribin' the persons (hose &eposition %ay be taken an& specifyin' the sub/ect %atter of the e.a%ination an& (hether the &epositions shall be taken upon oral e.a%ination or (ritten interro'atories. +he &epositions %ay be taken in accor&ance (ith ,ule 22 before the hearin'. (1a# ,-21) Se*t)o% /+ Referen&e to &ourt. � @or the purpose of applyin' ,ule 22 to &epositions for perpetuatin' testi%ony# each reference therein to the court in (hich the action is pen&in' shall be &ee%e& to refer to the court in (hich the petition for such &eposition (as file&. (5a# ,-21) Se*t)o% 0+ .se of deposition. � !f a &eposition to perpetuate testi%ony is taken un&er this ,ule# or if# althou'h not so taken# it (oul& be a&%issible in evi&ence# it %ay be use& in any action involvin' the sa%e sub/ect %atter sub9se<uently brou'ht in accor&ance (ith the provisions of sections 1 an& 5 of ,ule 22. (3a# ,-21) Se*t)o% 7+ 1epositions pending appeal. � !f an appeal has been taken fro% a /u&'%ent of a court# inclu&in' the "ourt of Appeals in proper cases# or before the takin' of an appeal if the ti%e therefor has not e.pire&# the court in (hich the /u&'%ent (as ren&ere& %ay allo( the takin' of &epositions of (itnesses to perpetuate their testi%ony for in the event of further procee&in's in the sai& court. !n such case the party (ho &esires to perpetuate the testi%ony %ay %ake a %otion in the sai& court for leave to take the &epositions# upon the sa%e notice an& service thereof as if the action (as pen&in' therein. +he %otion shall state (a) the na%es an& a&&resses of the persons to be e.a%ine& an& the substance of the testi%ony (hich he e.pects to elicit fro% each# an& (b) the reason for perpetuatin' their testi%ony. !f the court fin&s that the perpetuation of the testi%ony is proper to avoi& a failure

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or &elay of /ustice# it %ay %ake an or&er allo(in' the &eposition to be taken# an& thereupon the &epositions %ay be taken an& use& in the sa%e %anner an& un&er the sa%e con&itions as are prescribe& in these ,ules for &epositions taken in pen&in' actions. (=a# ,-21)

RULE ,/ I%terro6&tor)es to P&rt)es Se*t)o% 1+ $nterrogatories to parties5 ser(i&e thereof. � :n&er the sa%e con&itions specifie& in section - of ,ule 22# any party &esirin' to elicit %aterial an& relevant facts fro% any a&verse parties shall file an& serve upon the latter (ritten interro'atories to be ans(ere& by the party serve& or# if the party serve& is a public or private corporation or a partnership or association# by any officer thereof co%petent to testify in its behalf. (-a) Se*t)o% ,+ Ans%er to interrogatories. � +he interro'atories shall be ans(ere& fully in (ritin' an& shall be si'ne& an& s(orn to by the person %akin' the%. +he party upon (ho% the interro'atories have been serve& shall file an& serve a copy of the ans(ers on the party sub%ittin' the interro'atories (ithin fifteen (-5) &ays after service thereof unless the court on %otion an& for 'oo& cause sho(n# e.ten&s or shortens the ti%e. (2a) Se*t)o% -+ )'+e&tions to interrogatories. � 7b/ections to any interro'atories %ay be presente& to the court (ithin ten (-0) &ays after service thereof# (ith notice as in case of a %otion5 an& ans(ers shall be &eferre& until the ob/ections are resolve&# (hich shall be at as early a ti%e as is practicable. (2a) Se*t)o% .+ Num'er of interrogatories. � ?o party %ay# (ithout leave of court# serve %ore than one set of interro'atories to be ans(ere& by the sa%e party. (1) Se*t)o% /+ S&ope and use of interrogatories. � !nterro'atories %ay relate to any %atters that can be in<uire& into un&er section 2 of ,ule 22# an& the ans(ers %ay be use& for the sa%e purposes provi&e& in section 1 of the sa%e ,ule. (5a) Se*t)o% 0+ 0ffe&t of failure to ser(e %ritten interrogatories. � :nless thereafter allo(e& by the court for 'oo& cause sho(n an& to prevent a failure of /ustice# a party not serve& (ith (ritten interro'atories %ay not be co%pelle& by the a&verse party to 'ive testi%ony in open court# or to 'ive a &eposition pen&in' appeal. (n)

RULE ,0 A15)ss)o% <2 A1(erse P&rt2 Se*t)o% 1+ Re:uest for admission. � At any ti%e after issues have been /oine&# a party %ay file an& serve upon any other party %ay file an& serve upon any other party a (ritten re<uest for the a&%ission by the latter of the 'enuineness of any %aterial an& relevant &ocu%ent &escribe& in an& e.hibite& (ith the re<uest or of the truth of any %aterial an& relevant %atter of fact set forth in the re<uest. "opies of the &ocu%ents shall be &elivere& (ith the re<uest unless copy have alrea&y been furnishe&. (-a)

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Se*t)o% ,+ $mplied admission. � 4ach of the %atters of (hich an a&%ission is re<ueste& shall be &ee%e& a&%itte& unless# (ithin a perio& &esi'nate& in the re<uest# (hich shall not be less than fifteen (-5) &ays after service thereof# or (ithin such further ti%e as the court %ay allo( on %otion# the party to (ho% the re<uest is &irecte& files an& serves upon the party re<uestin' the a&%ission a s(orn state%ent either &enyin' specifically the %atters of (hich an a&%ission is re<ueste& or settin' forth in &etail the reasons (hy he cannot truthfully either a&%it or &eny those %atters. 7b/ections to any re<uest for a&%ission shall be sub%itte& to the court by the party re<ueste& (ithin the perio& for an& prior to the filin' of his s(orn state%ent as conte%plate& in the prece&in' para'raph an& his co%pliance there(ith shall be &eferre& until such ob/ections are resolve&# (hich resolution shall be %a&e as early as practicable. (2a) Se*t)o% -+ 0ffe&t of admission. � Any a&%ission %a&e by a party pursuant to such re<uest is for the purpose of the pen&in' action only an& shall not constitute an a&%ission by hi% for any other purpose nor %ay the sa%e be use& a'ainst hi% in any other procee&in'. (2) Se*t)o% .+ ,ithdra%al. � +he court %ay allo( the party %akin' an a&%ission un&er the ,ule# (hether e.press or i%plie&# to (ith&ra( or a%en& it upon such ter%s as %ay be /ust. (1) Se*t)o% /+ 0ffe&t of failure to file and ser(e re:uest for admission. � :nless other(ise allo(e& by the court for 'oo& cause sho(n an& to prevent a failure of /ustice a party (ho fails to file an& serve a re<uest for a&%ission on the a&verse party of %aterial an& relevant facts at issue (hich are# or ou'ht to be# (ithin the personal kno(le&'e of the latter# shall not be per%itte& to present evi&ence on such facts. (n)

RULE ,7 Pro1u*t)o% or I%s9e*t)o% of Do*u5e%ts or Th)%6s Se*t)o% 1+ Motion for produ&tion or inspe&tion5 order. � :pon %otion of any party sho(in' 'oo& cause therefor# the court in (hich an action is pen&in' %ay (a) or&er any party to pro&uce an& per%it the inspection an& copyin' or photo'raphin'# by or on behalf of the %ovin' party# of any &esi'nate& &ocu%ents# papers# books# accounts# letters# photo'raphs# ob/ects or tan'ible thin's# not privile'e&# (hich constitute or contain evi&ence %aterial to any %atter involve& in the action an& (hich are in his possession# custo&y or control# or (b) or&er any party to per%it entry upon &esi'nate& lan& or other property in his possession or control for the purpose of inspectin'# %easurin'# surveyin'# or photo'raphin' the property or any &esi'nate& relevant ob/ect or operation thereon. +he or&er shall specify the ti%e# place an& %anner of %akin' the inspection an& takin' copies an& photo'raphs# an& %ay prescribe such ter%s an& con&itions as are /ust. (-a)

RULE ,3 Ph2s)*&' &%1 Me%t&' E=&5)%&t)o% of Perso%s Se*t)o% 1+ ,hen e2amination may 'e ordered. � !n an action in (hich the %ental or physical con&ition of a party is in controversy# the court in (hich the action is pen&in' %ay in its &iscretion or&er hi% to sub%it to a physical or %ental e.a%ination by a physician. (-) Se*t)o% ,+ )rder for e2amination. � +he or&er for e.a%ination %ay be %a&e only on %otion for 'oo& cause sho(n an& upon notice to the party to be e.a%ine& an& to all other parties# an& shall

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specify the ti%e# place# %anner# con&itions an& scope of the e.a%ination an& the person or persons by (ho% it is to be %a&e. (2) Se*t)o% -+ Report of findings. � !f re<ueste& by the party e.a%ine&# the party causin' the e.a%ination to be %a&e shall &eliver to hi% a copy of a &etaile& (ritten report of the e.a%inin' physician settin' out his fin&in's an& conclusions. After such re<uest an& &elivery# the party causin' the e.a%ination to be %a&e shall be entitle& upon re<uest to receive fro% the party e.a%ine& a like report of any e.a%ination# previously or thereafter %a&e# of the sa%e %ental or physical con&ition. !f the party e.a%ine& refuses to &eliver such report# the court on %otion an& notice %ay %ake an or&er re<uirin' &elivery on such ter%s as are /ust# an& if a physician fails or refuses to %ake such a report the court %ay e.clu&e his testi%ony if offere& at the trial. (2a) Se*t)o% .+ ,ai(er of pri(ilege. � )y re<uestin' an& obtainin' a report of the e.a%ination so or&ere& or by takin' the &eposition of the e.a%iner# the party e.a%ine& (aives any privile'e he %ay have in that action or any other involvin' the sa%e controversy# re'ar&in' the testi%ony of every other person (ho has e.a%ine& or %ay thereafter e.a%ine hi% in respect of the sa%e %ental or physical e.a%ination. (1)

RULE ,9 Refus&' to Co59'2 >)th Mo1es of D)s*o(er2 Se*t)o% 1+ Refusal to ans%er. � !f a party or other &eponent refuses to ans(er any <uestion upon oral e.a%ination# the e.a%ination %ay be co%plete& on other %atters or a&/ourne& as the proponent of the <uestion %ay prefer. +he proponent %ay thereafter apply to the proper court of the place (here the &eposition is bein' taken# for an or&er to co%pel an ans(er. +he sa%e proce&ure %ay be availe& of (hen a party or a (itness refuses to ans(er any interro'atory sub%itte& un&er ,ules 22 or 25. !f the application is 'rante&# the court shall re<uire the refusin' party or &eponent to ans(er the <uestion or interro'atory an& if it also fin&s that the refusal to ans(er (as (ithout substantial /ustification# it %ay re<uire the refusin' party or &eponent or the counsel a&visin' the refusal# or both of the%# to pay the proponent the a%ount of the reasonable e.penses incurre& in obtainin' the or&er# inclu&in' attorneyDs fees. !f the application is &enie& an& the court fin&s that it (as file& (ithout substantial /ustification# the court %ay re<uire the proponent or the counsel a&visin' the filin' of the application# or both of the%# to pay to the refusin' party or &eponent the a%ount of the reasonable e.penses incurre& in opposin' the application# inclu&in' attorneyDs fees. (-a) Se*t)o% ,+ Contempt of &ourt. � !f a party or other (itness refuses to be s(orn or refuses to ans(er any <uestion after bein' &irecte& to &o so by the court of the place in (hich the &eposition is bein' taken# the refusal %ay be consi&ere& a conte%pt of that court. (2a) Se*t)o% -+ )ther &onse:uen&es. � !f any party or an officer or %ana'in' a'ent of a party refuses to obey an or&er %a&e un&er section - of this ,ule re<uirin' hi% to ans(er &esi'nate& <uestions# or an or&er un&er ,ule 2= to pro&uce any &ocu%ent or other thin' for inspection# copyin'# or photo'raphin' or to per%it it to be &one# or to per%it entry upon lan& or other property or an or&er %a&e un&er ,ule 28 re<uirin' hi% to sub%it to a physical or %ental e.a%ination# the court %ay %ake such or&ers in re'ar& to the refusal as are /ust# an& a%on' others the follo(in'*

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(a) An or&er that the %atters re'ar&in' (hich the <uestions (ere aske&# or the character or &escription of the thin' or lan&# or the contents of the paper# or the physical or %ental con&ition of the party# or any other &esi'nate& facts shall be taken to be establishe& for the purposes of the action in accor&ance (ith the clai% of the party obtainin' the or&er5 (b) An or&er refusin' to allo( the &isobe&ient party to support or oppose &esi'nate& clai%s or &efenses or prohibitin' hi% fro% intro&ucin' in evi&ence &esi'nate& &ocu%ents or thin's or ite%s of testi%ony# or fro% intro&ucin' evi&ence of physical or %ental con&ition5 (c) An or&er strikin' out plea&in's or parts thereof# or stayin' further procee&in's until the or&er is obeye&# or &is%issin' the action or procee&in' or any part thereof# or ren&erin' a /u&'%ent by &efault a'ainst the &isobe&ient party5 an& (&) !n lieu of any of the fore'oin' or&ers or in a&&ition thereto# an or&er &irectin' the arrest of any party or a'ent of a party for &isobeyin' any of such or&ers e.cept an or&er to sub%it to a physical or %ental e.a%ination. (2a) Se*t)o% .+ 02penses on refusal to admit. � !f a party after bein' serve& (ith a re<uest un&er ,ule 23 to a&%it the 'enuineness of any &ocu%ent or the truth of any %atter of fact serves a s(orn &enial thereof an& if the party re<uestin' the a&%issions thereafter proves the 'enuineness of such &ocu%ent or the truth of any such %atter of fact# he %ay apply to the court for an or&er re<uirin' the other party to pay hi% the reasonable e.penses incurre& in %akin' such proof# inclu&in' attorneyDs fees. :nless the court fin&s that there (ere 'oo& reasons for the &enial or that a&%issions sou'ht (ere of no substantial i%portance# such or&er shall be issue&. (1a) Se*t)o% /+ 8ailure of party to attend or ser(e ans%ers. � !f a party or an officer or %ana'in' a'ent of a party (ilfully fails to appear before the officer (ho is to take his &eposition# after bein' serve& (ith a proper notice# or fails to serve ans(ers to interro'atories sub%itte& un&er ,ule 25 after proper service of such interro'atories# the court on %otion an& notice# %ay strike out all or any part of any plea&in' of that party# or &is%iss the action or procee&in' or any part thereof# or enter a /u&'%ent by &efault a'ainst that party# an& in its &iscretion# or&er hi% to pay reasonable e.penses incurre& by the other# inclu&in' attorneyDs fees. (5) Se*t)o% 0+ 02penses against the Repu'li& of the Philippines. � 4.penses an& attorneyDs fees are not to be i%pose& upon the ,epublic of the Philippines un&er this ,ule. (3)

RULE -4 Tr)&' Se*t)o% 1+ Noti&e of #rial. � :pon entry of a case in the trial calen&ar# the clerk shall notify the parties of the &ate of its trial in such %anner as shall ensure his receipt of that notice at least five (5) &ays before such &ate. (2a# ,22) Se*t)o% ,+ Ad+ournments and postponements. � A court %ay a&/ourn a trial fro% &ay to &ay# an& to any state& ti%e# as the e.pe&itious an& convenient transaction of business %ay re<uire# but shall have no po(er to a&/ourn a trial for a lon'er perio& than one %onth for each a&/ourn%ent nor %ore than three %onths in all# e.cept (hen authori0e& in (ritin' by the "ourt A&%inistrator# $upre%e "ourt. (2a# ,22) Se*t)o% -+ Re:uisites of motion to postpone trial for a'sen&e of e(iden&e. � A %otion to postpone a trial on the 'roun& of absence of evi&ence can be 'rante& only upon affi&avit sho(in' the

35

%ateriality or relevancy of such evi&ence# an& that &ue &ili'ence has been use& to procure it. )ut if the a&verse party a&%its the facts to be 'iven in evi&ence# even if he ob/ects or reserves the ri'ht to ob/ect to their a&%issibility# the trial shall not be postpone&. (1a# ,225 )ar Matter ?o. 802# 2- July ->>8) Se*t)o% .+ Re:uisites of motion to postpone trial for illness of party or &ounsel . � A %otion to postpone a trial on the 'roun& of illness of a party or counsel %ay be 'rante& if it appears upon affi&avit or s(orn certification that the presence of such party or counsel at the trial is in&ispensable an& that the character of his illness is such as to ren&er his non9atten&ance e.cusable. (5a# ,22) Se*t)o% /+ )rder of trial. � $ub/ect to the provisions of section 2 of ,ule 2-# an& unless the court for special reasons other(ise &irects# the trial shall be li%ite& to the issues state& in the pre9trial or&er an& shall procee& as follo(s* (a) +he plaintiff shall a&&uce evi&ence in support of his co%plaint5 (b) +he &efen&ant shall then a&&uce evi&ence in support of his &efense# counterclai%# cross9 clai% an& thir&9party co%plaints5 (c) +he thir&9party &efen&ant if any# shall a&&uce evi&ence of his &efense# counterclai%# cross9clai% an& fourth9party co%plaint5 (&) +he fourth9party# an& so forth# if any# shall a&&uce evi&ence of the %aterial facts plea&e& by the%5 (e) +he parties a'ainst (ho% any counterclai% or cross9clai% has been plea&e&# shall a&&uce evi&ence in support of their &efense# in the or&er to be prescribe& by the court5 (f) +he parties %ay then respectively a&&uce rebuttin' evi&ence only# unless the court# for 'oo& reasons an& in the furtherance of /ustice# per%its the% to a&&uce evi&ence upon their ori'inal case5 an& (') :pon a&%ission of the evi&ence# the case shall be &ee%e& sub%itte& for &ecision# unless the court &irects the parties to ar'ue or to sub%it their respective %e%oran&a or any further plea&in's. !f several &efen&ants or thir&9party &efen&ants# an& so forth# havin' separate &efenses appear by &ifferent counsel# the court shall &eter%ine the relative or&er of presentation of their evi&ence. (-a# ,20) Se*t)o% 0+ Agreed statement of fa&ts. � +he parties to any action %ay a'ree# in (ritin'# upon the facts involve& in the liti'ation# an& sub%it the case for /u&'%ent on the facts a'ree& upon# (ithout the intro&uction of evi&ence. !f the parties a'ree only on so%e of the facts in issue# the trial shall be hel& as to the &ispute& facts in such or&er as the court shall prescribe. (2a# ,20) Se*t)o% 7+ Statement of +udge. � Eurin' the hearin' or trial of a case any state%ent %a&e by the /u&'e (ith reference to the case# or to any of the parties# (itnesses or counsel# shall be %a&e of recor& in the steno'raphic notes. (2a# ,20) Se*t)o% 3+ Suspension of a&tions. � +he suspension of actions shall be 'overne& by the provisions of the "ivil "o&e. (n)

36

Se*t)o% 9+ *udge to re&ei(e e(iden&e5 delegation to &ler/ of &ourt. � +he /u&'e of the court (here the case is pen&in' shall personally receive the evi&ence to be a&&uce& by the parties. ;o(ever# in &efault or e2 parte hearin's# an& in any case (here the parties a'ree in (ritin'# the court %ay &ele'ate the reception of evi&ence to its clerk of court (ho is a %e%ber of the bar. +he clerk of court shall have no po(er to rule on ob/ections to any <uestion or to the a&%ission of e.hibits# (hich ob/ections shall be resolve& by the court upon sub%ission of his report an& the transcripts (ithin ten (-0) &ays fro% ter%ination of the hearin'. (n)

RULE -1 Co%so')1&t)o% or Se(er&%*e Se*t)o% 1+ Consolidation. � 6hen actions involvin' a co%%on <uestion of la( or fact are pen&in' before the court# it %ay or&er a /oint hearin' or trial of any or all the %atters in issue in the actions5 it %ay or&er all the actions consoli&ate&# an& it %ay %ake such or&ers concernin' procee&in's therein as %ay ten& to avoi& unnecessary costs or &elay. (-) Se*t)o% ,+ Separate trials. � +he court# in furtherance of convenience or to avoi& pre/u&ice# %ay or&er a separate trial of any clai%# cross9clai%# counterclai%# or thir&9party co%plaint# or of any separate issue or of any nu%ber of clai%s# cross9clai%s# counterclai%s# thir&9party co%plaints or issues. (2a)

RULE -, Tr)&' <2 Co55)ss)o%er Se*t)o% 1+ Referen&e 'y &onsent. � )y (ritten consent of both parties# the court %ay or&er any or all of the issues in a case to be referre& to a co%%issioner to be a'ree& upon by the parties or to be appointe& by the court. As use& in these ,ules# the (or& 8co%%issioner8 inclu&es a referee# an au&itor an& an e.a%iner. (-a# ,22) Se*t)o% ,+ Referen&e ordered on motion. � 6hen the parties &o not consent# the court %ay# upon the application of either or of its o(n %otion# &irect a reference to a co%%issioner in the follo(in' cases* (a) 6hen the trial of an issue of fact re<uires the e.a%ination of a lon' account on either si&e# in (hich case the co%%issioner %ay be &irecte& to hear an& report upon the (hole issue or any specific <uestion involve& therein5 (b) 6hen the takin' of an account is necessary for the infor%ation of the court before /u&'%ent# or for carryin' a /u&'%ent or or&er into effect. (c) 6hen a <uestion of fact# other than upon the plea&in's# arises upon %otion or other(ise# in any sta'e of a case# or for carryin' a /u&'%ent or or&er into effect. (2a# ,22) Se*t)o% -+ )rder of referen&e5 po%ers of the &ommissioner. � 6hen a reference is %a&e# the clerk shall forth(ith furnish the co%%issioner (ith a copy of the or&er of reference. +he or&er %ay specify or li%it the po(ers of the co%%issioner# an& %ay &irect hi% to report only upon particular issues# or to &o or perfor% particular acts# or to receive an& report evi&ence only an& %ay fi. the &ate for

37

be'innin' an& closin' the hearin's an& for the filin' of his report. $ub/ect to other specifications an& li%itations state& in the or&er# the co%%issioner has an& shall e.ercise the po(er to re'ulate the procee&in's in every hearin' before hi% an& to &o all acts an& take all %easures necessary or proper for the efficient perfor%ance of his &uties un&er the or&er. ;e %ay issue subpoenas an& subpoenas du&es te&um# s(ear (itnesses# an& unless other(ise provi&e& in the or&er of reference# he %ay rule upon the a&%issibility of evi&ence. +he trial or hearin' before hi% shall procee& in all respects as it (oul& if hel& before the court. (2a# ,22) Se*t)o% .+ )ath of &ommissioner. � )efore enterin' upon his &uties the co%%issioner shall be s(orn to a faithful an& honest perfor%ance thereof. (-1# ,22) Se*t)o% /+ Pro&eedings 'efore &ommissioner. � :pon receipt of the or&er of reference an& unless other(ise provi&e& therein# the co%%issioner shall forth(ith set a ti%e an& place for the first %eetin' of the parties or their counsel to be hel& (ithin ten (-0) &ays after the &ate of the or&er of reference an& shall notify the parties or their counsel. (5a# ,22) Se*t)o% 0+ 8ailure of parties to appear 'efore &ommissioner. � !f a party fails to appear at the ti%e an& place appointe&# the co%%issioner %ay procee& e2 parte or# in his &iscretion# a&/ourn the procee&in's to a future &ay# 'ivin' notice to the absent party or his counsel of the a&/ourn%ent. (3a# ,22) Se*t)o% 7+ Refusal of %itness. � +he refusal of a (itness to obey a subpoena issue& by the co%%issioner or to 'ive evi&ence before hi%# shall be &ee%e& a conte%pt of the court (hich appointe& the co%%issioner. (=a ,22) Se*t)o% 3+ Commissioner shall a(oid delays. � !t is the &uty of the co%%issioner to procee& (ith all reasonable &ili'ence. 4ither party# on notice to the parties an& co%%issioner# %ay apply to the court for an or&er re<uirin' the co%%issioner to e.pe&ite the procee&in's an& to %ake his report. (8a# ,22) Se*t)o% 9+ Report of &ommissioner. � :pon the co%pletion of the trial or hearin' or procee&in' before the co%%issioner# he shall file (ith the court his report in (ritin' upon the %atters sub%itte& to hi% by the or&er of reference. 6hen his po(ers are not specifie& or li%ite&# he shall set forth his fin&in's of fact an& conclusions of la( in his report. ;e shall attach thereto all e.hibits# affi&avits# &epositions# papers an& the transcript# if any# of the testi%onial evi&ence presente& before hi%. (>a# ,22) Se*t)o% 14+ Noti&e to parties of the filing of report. � :pon the filin' of the report# the parties shall be notifie& by the clerk# an& they shall be allo(e& ten (-0) &ays (ithin (hich to si'nify 'roun&s of ob/ections to the fin&in's of the report# if they so &esire. 7b/ections to the report base& upon 'roun&s (hich (ere available to the parties &urin' the procee&in's before the co%%issioner# other than ob/ections to the fin&in's an& conclusions therein# set forth# shall not be consi&ere& by the court unless they (ere %a&e before the co%%issioner. (-0# ,22) Se*t)o% 11+ 7earing upon report. � :pon the e.piration of the perio& of ten (-0) &ays referre& to in the prece&in' section# the report shall be set for hearin'# after (hich the court shall issue an or&er a&optin'# %o&ifyin'# or re/ectin' the report in (hole or in part# or reco%%ittin' it (ith instructions# or re<uirin' the parties to present further evi&ence before the co%%issioner or the court. (--a# ,22) Se*t)o% 1,+ Stipulations as to findings. � 6hen the parties stipulate that a co%%issionerDs fin&in's of fact shall be final# only <uestions of la( shall thereafter be consi&ere&. (-2a# ,22)

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Se*t)o% 1-+ Compensation of &ommissioner. � +he court shall allo( the co%%issioner such reasonable co%pensation as the circu%stances of the case (arrant# to be ta.e& as costs a'ainst the &efeate& party# or apportione&# as /ustice re<uires. (-2# ,22)

RULE -De5urrer to E()1e%*e Se*t)o% 1+ 1emurrer to e(iden&e. � After the plaintiff has co%plete& the presentation of his evi&ence# the &efen&ant %ay %ove for &is%issal on the 'roun& that upon the facts an& the la( the plaintiff has sho(n no ri'ht to relief. !f his %otion is &enie& he shall have the ri'ht to present evi&ence. !f the %otion is 'rante& but on appeal the or&er of &is%issal is reverse& he shall be &ee%e& to have (aive& the ri'ht to present evi&ence. (-a# ,25)

RULE -. "u165e%t o% the P'e&1)%6s Se*t)o% 1+ *udgment on the pleadings. � 6here an ans(er fails to ten&er an issue# or other(ise a&%its the %aterial alle'ations of the a&verse partyDs plea&in'# the court %ay5 on %otion of that party# &irect /u&'%ent on such plea&in'. ;o(ever# in actions for &eclaration of nullity or annul%ent of %arria'e or for le'al separation# the %aterial facts alle'e& in the co%plaint shall al(ays be prove&. (-a# ,->)

RULE -/ Su55&r2 "u165e%ts Se*t)o% 1+ Summary +udgment for &laimant. � A party seekin' to recover upon a clai%# counterclai%# or cross9clai% or to obtain a &eclaratory relief %ay# at any ti%e after the plea&in' in ans(er thereto has been serve&# %ove (ith supportin' affi&avits# &epositions or a&%issions for a su%%ary /u&'%ent in his favor upon all or any part thereof. (-a# ,21) Se*t)o% ,+ Summary +udgment for defending party. � A party a'ainst (ho% a clai%# counterclai%# or cross9clai% is asserte& or a &eclaratory relief is sou'ht %ay# at any ti%e# %ove (ith supportin' affi&avits# &epositions or a&%issions for a su%%ary /u&'%ent in his favor as to all or any part thereof. (2a# ,21) Se*t)o% -+ Motion and pro&eedings thereon. � +he %otion shall be serve& at least ten (-0) &ays before the ti%e specifie& for the hearin'. +he a&verse party %ay serve opposin' affi&avits# &epositions# or a&%issions at least three (2) &ays before the hearin'. After the hearin'# the /u&'%ent sou'ht shall be ren&ere& forth(ith if the plea&in's# supportin' affi&avits# &epositions# an& a&%issions on file# sho( that# e.cept as to the a%ount of &a%a'es# there is no 'enuine issue as to any %aterial fact an& that the %ovin' party is entitle& to a /u&'%ent as a %atter of la(. (2a# ,21) Se*t)o% .+ Case not fully ad+udi&ated on motion. � !f on %otion un&er this ,ule# /u&'%ent is not ren&ere& upon the (hole case or for all the reliefs sou'ht an& a trial is necessary# the court at the

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hearin' of the %otion# by e.a%inin' the plea&in's an& the evi&ence before it an& by interro'atin' counsel shall ascertain (hat %aterial facts e.ist (ithout substantial controversy an& (hat are actually an& in 'oo& faith controverte&. !t shall thereupon %ake an or&er specifyin' the facts that appear (ithout substantial controversy# inclu&in' the e.tent to (hich the a%ount of &a%a'es or other relief is not in controversy# an& &irectin' such further procee&in's in the action as are /ust. +he facts so specifie& shall be &ee%e& establishe&# an& the trial shall be con&ucte& on the controverte& facts accor&in'ly. (1a# ,21) Se*t)o% /+ 8orm of affida(its and supporting papers. � $upportin' an& opposin' affi&avits shall be %a&e on personal kno(le&'e# shall set forth such facts as (oul& be a&%issible in evi&ence# an& shall sho( affir%atively that the affiant is co%petent to testify to the %atters state& therein. "ertifie& true copies of all papers or parts thereof referre& to in the affi&avit shall be attache& thereto or serve& there(ith. (5a# ,21) Se*t)o% 0+ Affida(its in 'ad faith. � $houl& it appear to its satisfaction at any ti%e that any of the affi&avits presente& pursuant to this ,ule are presente& in ba& faith# or solely for the purpose of &elay# the court shall forth(ith or&er the offen&in' party or counsel to pay to the other party the a%ount of the reasonable e.penses (hich the filin' of the affi&avits cause& hi% to incur inclu&in' attorneyDs fees# it %ay# after hearin' further a&/u&'e the offen&in' party or counsel 'uilty of conte%pt. (3a# ,21)

RULE -0 "u165e%ts, F)%&' Or1ers &%1 E%tr2 Thereof Se*t)o% 1+ Rendition of +udgments and final orders. � A /u&'%ent or final or&er &eter%inin' the %erits of the case shall be in (ritin' personally an& &irectly prepare& by the /u&'e# statin' clearly an& &istinctly the facts an& the la( on (hich it is base&# si'ne& by hi%# an& file& (ith the clerk of the court. (-a) Se*t)o% ,+ 0ntry of +udgments and final orders. � !f no appeal or %otion for ne( trial or reconsi&eration is file& (ithin the ti%e provi&e& in these ,ules# the /u&'%ent or final or&er shall forth(ith be entere& by the clerk in the book of entries of /u&'%ents. +he &ate of finality of the /u&'%ent or final or&er shall be &ee%e& to be the &ate of its entry. +he recor& shall contain the &ispositive part of the /u&'%ent or final or&er an& shall be si'ne& by the clerk# (ithin a certificate that such /u&'%ent or final or&er has beco%e final an& e.ecutory. (2a# -0# ,5-) Se*t)o% -+ *udgment for or against one or more of se(eral parties. � Ju&'%ent %ay be 'iven for or a'ainst one or %ore of several plaintiffs an& for or a'ainst one or %ore of several &efen&ants. 6hen /ustice so &e%an&s# the court %ay re<uire the parties on each si&e to file a&versary plea&in's as bet(een the%selves an& &eter%ine their ulti%ate ri'hts an& obli'ations. (2) Se*t)o% .+ Se(eral +udgments. � !n an action a'ainst several &efen&ants# the court %ay# (hen a several /u&'%ent is proper# ren&er /u&'%ent a'ainst one or %ore of the%# leavin' the action to procee& a'ainst the others. (1) Se*t)o% /+ Separate +udgments. � 6hen %ore than one clai% for relief is presente& in an action# the court# at any sta'e# upon a &eter%ination of the issues %aterial to a particular clai% an& all counterclai%s arisin' out of the transaction or occurrence (hich is the sub/ect %atter of the clai%# %ay ren&er a separate /u&'%ent &isposin' of such clai%. +he /u&'%ent shall ter%inate the action (ith respect to the clai% so &ispose& of an& the action shall procee& as to the re%ainin' clai%s. !n case a separate /u&'%ent is ren&ere& the court by or&er %ay stay its enforce%ent until the ren&ition

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of a subse<uent /u&'%ent or /u&'%ents an& %ay prescribe such con&itions as %ay be necessary to secure the benefit thereof to the party in (hose favor the /u&'%ent is ren&ere&. (5a) Se*t)o% 0+ *udgment against entity %ithout +uridi&al personality. � 6hen /u&'%ent is ren&ere& a'ainst t(o or %ore persons sue& as an entity (ithout /uri&ical personality# the /u&'%ent shall set out their in&ivi&ual or proper na%es# if kno(n. (3a)

RULE -7 Ne> Tr)&' or Re*o%s)1er&t)o%s Se*t)o% 1+ 3rounds of and period for filing motion for ne% trial or re&onsideration . � 6ithin the perio& for takin' an appeal# the a''rieve& party %ay %ove the trial court to set asi&e the /u&'%ent or final or&er an& 'rant a ne( trial for one or %ore of the follo(in' causes %aterially affectin' the substantial ri'hts of sai& party* (a) @rau&# acci&ent# %istake or e.cusable ne'li'ence (hich or&inary pru&ence coul& not have 'uar&e& a'ainst an& by reason of (hich such a''rieve& party has probably been i%paire& in his ri'hts5 or (b) ?e(ly &iscovere& evi&ence# (hich he coul& not# (ith reasonable &ili'ence# have &iscovere& an& pro&uce& at the trial# an& (hich if presente& (oul& probably alter the result. 6ithin the sa%e perio&# the a''rieve& party %ay also %ove for reconsi&eration upon the 'roun&s that the &a%a'es a(ar&e& are e.cessive# that the evi&ence is insufficient to /ustify the &ecision or final or&er# or that the &ecision or final or&er is contrary to la(. (-a) Se*t)o% ,+ Contents of motion for ne% trial or re&onsideration and noti&e thereof. � +he %otion shall be %a&e in (ritin' statin' the 'roun& or 'roun&s therefor# a (ritten notice of (hich shall be serve& by the %ovant on the a&verse party. A %otion for ne( trial shall be prove& in the %anner provi&e& for proof of %otion. A %otion for the cause %entione& in para'raph (a) of the prece&in' section shall be supporte& by affi&avits of %erits (hich %ay be rebutte& by affi&avits. A %otion for the cause %entione& in para'raph (b) shall be supporte& by affi&avits of the (itnesses by (ho% such evi&ence is e.pecte& to be 'iven# or by &uly authenticate& &ocu%ents (hich are propose& to be intro&uce& in evi&ence. A %otion for reconsi&eration shall point out a specifically the fin&in's or conclusions of the /u&'%ent or final or&er (hich are not supporte& by the evi&ence or (hich are contrary to la( %akin' e.press reference to the testi%onial or &ocu%entary evi&ence or to the provisions of la( alle'e& to be contrary to such fin&in's or conclusions. A pro forma %otion for ne( trial or reconsi&eration shall not toll the re'le%entary perio& of appeal. (2a) Se*t)o% -+ A&tion upon motion for ne% trial or re&onsideration . � +he trial court %ay set asi&e the /u&'%ent or final or&er an& 'rant a ne( trial# upon such ter%s as %ay be /ust# or %ay &eny the %otion. !f the court fin&s that e.cessive &a%a'es have been a(ar&e& or that the /u&'%ent or final or&er is contrary to the evi&ence or la(# it %ay a%en& such /u&'%ent or final or&er accor&in'ly. (2a)

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Se*t)o% .+ Resolution of motion. � A %otion for ne( trial or reconsi&eration shall be resolve& (ithin thirty (20) &ays fro% the ti%e it is sub%itte& for resolution. (n) Se*t)o% /+ Se&ond motion for ne% trial. � A %otion for ne( trial shall inclu&e all 'roun&s then available an& those not so inclu&e& shall be &ee%e& (aive&. A secon& %otion for ne( trial# base& on a 'roun& not e.istin' nor available (hen the first %otion (as %a&e# %ay be file& (ithin the ti%e herein provi&e& e.clu&in' the ti%e &urin' (hich the first %otion ha& been pen&in'. ?o party shall be allo(e& a secon& %otion for reconsi&eration of a /u&'%ent or final or&er (1a# 1# !,A) Se*t)o% 0+ 0ffe&t of granting of motion for ne% trial. � !f a ne( trial is 'rante& in accor&ance (ith the provisions of this ,ules the ori'inal /u&'%ent or final or&er shall be vacate&# an& the action shall stan& for trial de no(o5 but the recor&e& evi&ence taken upon the for%er trial# insofar as the sa%e is %aterial an& co%petent to establish the issues# shall be use& at the ne( trial (ithout retakin' the sa%e. (5a) Se*t)o% 7+ Partial ne% trial or re&onsideration . � !f the 'roun&s for a %otion un&er this ,ule appear to the court to affect the issues as to only a part# or less than an of the %atter in controversy# or only one# or less than all# of the parties to it# the court %ay or&er a ne( trial or 'rant reconsi&eration as to such issues if severable (ithout interferin' (ith the /u&'%ent or final or&er upon the rest. (3a) Se*t)o% 3+ 0ffe&t of order for partial ne% trial. � 6hen less than all of the issues are or&ere& retrie&# the court %ay either enter a /u&'%ent or final or&er as to the rest# or stay the enforce%ent of such /u&'%ent or final or&er until after the ne( trial. (=a) Se*t)o% 9+ Remedy against order denying a motion for ne% trial or re&onsideration . � An or&er &enyin' a %otion for ne( trial or reconsi&eration is not appeale&# the re%e&y bein' an appeal fro% the /u&'%ent or final or&er. (n)

RULE -3 Re')ef fro5 "u165e%ts, Or1ers, or Other Pro*ee1)%6s Se*t)o% 1+ Petition for relief from +udgment# order# or other pro&eedings. � 6hen a /u&'%ent or final or&er is entere&# or any other procee&in' is thereafter taken a'ainst a party in any court throu'h frau&# acci&ent# %istake# or e.cusable ne'li'ence# he %ay file a petition in such court an& in the sa%e case prayin' that the /u&'%ent# or&er or procee&in' be set asi&e. (2a) Se*t)o% ,+ Petition for relief from denial of appeal. � 6hen a /u&'%ent or final or&er is ren&ere& by any court in a case# an& a party thereto# by frau&# acci&ent# %istake# or e.cusable ne'li'ence# has been prevente& fro% takin' an appeal# he %ay file a petition in such court an& in the sa%e case prayin' that the appeal be 'iven &ue course. (-a) Se*t)o% -+ #ime for filing petition5 &ontents and (erifi&ation. � A petition provi&e& for in either of the prece&in' sections of this ,ule %ust be verifie&# file& (ithin si.ty (30) &ays after the petitioner learns of the /u&'%ent# final or&er# or other procee&in' to be set asi&e# an& not %ore than si. (3) %onths after such /u&'%ent or final or&er (as entere&# or such procee&in' (as taken# an& %ust be acco%panie& (ith affi&avits sho(in' the frau&# acci&ent# %istake# or e.cusable ne'li'ence relie& upon# an& the facts constitutin' the petitionerDs 'oo& an& substantial cause of action or &efense# as the case %ay be. (2)

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Se*t)o% .+ )rder to file an ans%er. � !f the petition is sufficient in for% an& substance to /ustify relief# the court in (hich it is file&# shall issue an or&er re<uirin' the a&verse parties to ans(er the sa%e (ithin fifteen (-5) &ays fro% the receipt thereof. +he or&er shall be serve& in such %anner as the court %ay &irect# to'ether (ith copies of the petition an& the acco%panyin' affi&avits. (1a) Se*t)o% /+ Preliminary in+un&tion pending pro&eedings. � +he court in (hich the petition is file& %ay 'rant such preli%inary in/unction as %ay be necessary for the preservation of the ri'hts of the parties# upon the filin' by the petitioner of a bon& in favor of the a&verse party# con&itione& that if the petition is &is%isse& or the petitioner fails on the trial of the case upon its %erits# he (ill pay the a&verse party all &a%a'es an& costs that %ay be a(ar&e& to hi% by reason of the issuance of such in/unction or the other procee&in's follo(in' the petition# but such in/unction shall not operate to &ischar'e or e.tin'uish any lien (hich the a&verse party %ay have ac<uire& upon# the property# of the petitioner. (5a) Se*t)o% 0+ Pro&eedings after ans%er is filed. � After the filin' of the ans(er or the e.piration of the perio& therefor# the court shall hear the petition an& if after such hearin'# it fin&s that the alle'ations thereof are not true# the petition shall be &is%isse&5 but if it fin&s sai& alle'ations to be true# it shall set asi&e the /u&'%ent or final or&er or other procee&in' co%plaine& of upon such ter%s as %ay be /ust. +hereafter the case shall stan& as if such /u&'%ent# final or&er or other procee&in' ha& never been ren&ere&# issue& or taken. +he court shall then procee& to hear an& &eter%ine the case as if a ti%ely %otion for a ne( trial or reconsi&eration ha& been 'rante& by it. (3a) Se*t)o% 7+ Pro&edure %here the denial of an appeal is set aside . � 6here the &enial of an appeal is set asi&e# the lo(er court shall be re<uire& to 'ive &ue course to the appeal an& to elevate the recor& of the appeale& case as if a ti%ely an& proper appeal ha& been %a&e. (=a)

RULE -9 E=e*ut)o%, S&t)sf&*t)o% &%1 Effe*t of "u165e%ts Se*t)o% 1+ 02e&ution upon +udgments or final orders. � 4.ecution shall issue as a %atter of ri'ht# or %otion# upon a /u&'%ent or or&er that &isposes of the action or procee&in' upon the e.piration of the perio& to appeal therefro% if no appeal has been &uly perfecte&. (-a) !f the appeal has been &uly perfecte& an& finally resolve&# the e.ecution %ay forth(ith be applie& for in the court of ori'in# on %otion of the /u&'%ent obli'ee# sub%ittin' there(ith certifie& true copies of the /u&'%ent or /u&'%ents or final or&er or or&ers sou'ht to be enforce& an& of the entry thereof# (ith notice to the a&verse party. +he appellate court %ay# on %otion in the sa%e case# (hen the interest of /ustice so re<uires# &irect the court of ori'in to issue the (rit of e.ecution. (n) Se*t)o% ,+ 1is&retionary e2e&ution. � (a) 02e&ution of a +udgment or final order pending appeal. � 7n %otion of the prevailin' party (ith notice to the a&verse party file& in the trial court (hile it has /uris&iction over the case an& is in possession of either the ori'inal recor& or the recor& on appeal# as the case %ay be# at the ti%e of the filin' of such %otion# sai& court %ay# in its &iscretion# or&er e.ecution of a /u&'%ent or final or&er even before the e.piration of the perio& to appeal. After the trial court has lost /uris&iction the %otion for e.ecution pen&in' appeal %ay be file& in the appellate court.

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Eiscretionary e.ecution %ay only issue upon 'oo& reasons to be state& in a special or&er after &ue hearin'. (b) 02e&ution of se(eral# separate or partial +udgments. � A several# separate or partial /u&'%ent %ay be e.ecute& un&er the sa%e ter%s an& con&itions as e.ecution of a /u&'%ent or final or&er pen&in' appeal. (2a) Se*t)o% -+ Stay of dis&retionary e2e&ution. � Eiscretionary e.ecution issue& un&er the prece&in' section %ay be staye& upon approval by the proper court of a sufficient superse&eas bon& file& by the party a'ainst (ho% it is &irecte&# con&itione& upon the perfor%ance of the /u&'%ent or or&er allo(e& to be e.ecute& in case it shall be finally sustaine& in (hole or in part. +he bon& thus 'iven %ay be procee&e& a'ainst on %otion (ith notice to the surety. (2a ) Se*t)o% .+ *udgments not stayed 'y appeal. � Ju&'%ents in actions for in/unction# receivership# accountin' an& support# an& such other /u&'%ents as are no( or %ay hereafter be &eclare& to be i%%e&iately e.ecutory# shall be enforceable after their ren&ition an& shall not# be staye& by an appeal taken therefro%# unless other(ise or&ere& by the trial court. 7n appeal therefro%# the appellate court in its &iscretion %ay %ake an or&er suspen&in'# %o&ifyin'# restorin' or 'rantin' the in/unction# receivership# accountin'# or a(ar& of support. +he stay of e.ecution shall be upon such ter%s as to bon& or other(ise as %ay be consi&ere& proper for the security or protection of the ri'hts of the a&verse party. (1a) Se*t)o% /+ 0ffe&t of re(ersal of e2e&uted +udgment. � 6here the e.ecute& /u&'%ent is reverse& totally or partially# or annulle&# on appeal or other(ise# the trial court %ay# on %otion# issue such or&ers of restitution or reparation of &a%a'es as e<uity an& /ustice %ay (arrant un&er the circu%stances. (5a) Se*t)o% 0+ 02e&ution 'y motion or 'y independent a&tion. � A final an& e.ecutory /u&'%ent or or&er %ay be e.ecute& on %otion (ithin five (5) years fro% the &ate of its entry. After the lapse of such ti%e# an& before it is barre& by the statute of li%itations# a /u&'%ent %ay be enforce& by action. +he revive& /u&'%ent %ay also be enforce& by %otion (ithin five (5) years fro% the &ate of its entry an& thereafter by action before it is barre& by the statute of li%itations. (3a) Se*t)o% 7+ 02e&ution in &ase of death of party. � !n case of the &eath of a party# e.ecution %ay issue or be enforce& in the follo(in' %anner* (a) !n case of the &eath of the /u&'%ent obli'ee# upon the application of his e.ecutor or a&%inistrator# or successor in interest5 (b) !n case of the &eath of the /u&'%ent obli'or# a'ainst his e.ecutor or a&%inistrator or successor in interest# if the /u&'%ent be for the recovery of real or personal property# or the enforce%ent of a lien thereon5 (c) !n case of the &eath of the /u&'%ent obli'or# after e.ecution is actually levie& upon any of his property# the sa%e %ay be sol& for the satisfaction of the /u&'%ent obli'ation# an& the officer %akin' the sale shall account to the correspon&in' e.ecutor or a&%inistrator for any surplus in his han&s. (=a) Se*t)o% 3+ $ssuan&e# form and &ontents of a %rit of e2e&ution. � +he (rit of e.ecution shall* (-) issue in the na%e of the ,epublic of the Philippines fro% the court (hich 'rante& the %otion5 (2) state the na%e of the court# the case nu%ber an& title# the &ispositive part of the sub/ect /u&'%ent or or&er5 an& (2) re<uire the sheriff or other proper officer to (ho% it is &irecte& to enforce the (rit accor&in' to its ter%s# in the %anner hereinafter provi&e&*

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(a) !f the e.ecution be a'ainst the property of the /u&'%ent obli'or# to satisfy the /u&'%ent# (ith interest# out of the real or personal property of such /u&'%ent obli'or5 (b) !f it be a'ainst real or personal property in the han&s of personal representatives# heirs# &evisees# le'atees# tenants# or trustees of the /u&'%ent obli'or# to satisfy the /u&'%ent# (ith interest# out of such property5 (c) !f it be for the sale of real or personal property to sell such property &escribin' it# an& apply the procee&s in confor%ity (ith the /u&'%ent# the %aterial parts of (hich shall be recite& in the (rit of e.ecution5 (&) !f it be for the &elivery of the possession of real or personal property# to &eliver the possession of the sa%e# &escribin' it# to the party entitle& thereto# an& to satisfy any costs# &a%a'es# rents# or profits covere& by the /u&'%ent out of the personal property of the person a'ainst (ho% it (as ren&ere&# an& if sufficient personal property cannot be foun&# then out of the real property5 an& (e) !n all cases# the (rit of e.ecution shall specifically state the a%ount of the interest# costs# &a%a'es# rents# or profits &ue as of the &ate of the issuance of the (rit# asi&e fro% the principal obli'ation un&er the /u&'%ent. @or this purpose# the %otion for e.ecution shall specify the a%ounts of the fore'oin' reliefs sou'ht by the %ovant.(8a) Se*t)o% 9+ 02e&ution of +udgments for money# ho% enfor&ed. � (a) $mmediate payment on demand. � +he officer shall enforce an e.ecution of a /u&'%ent for %oney by &e%an&in' fro% the /u&'%ent obli'or the i%%e&iate pay%ent of the full a%ount state& in the (rit of e.ecution an& all la(ful fees. +he /u&'%ent obli'or shall pay in cash# certifie& bank check payable to the /u&'%ent obli'ee# or any other for% of pay%ent acceptable to the latter# the a%ount of the /u&'%ent &ebt un&er proper receipt &irectly to the /u&'%ent obli'ee or his authori0e& representative if present at the ti%e of pay%ent. +he la(ful fees shall be han&e& un&er proper receipt to the e.ecutin' sheriff (ho shall turn over the sai& a%ount (ithin the sa%e &ay to the clerk of court of the court that issue& the (rit. !f the /u&'%ent obli'ee or his authori0e& representative is not present to receive pay%ent# the /u&'%ent obli'or shall &eliver the aforesai& pay%ent to the e.ecutin' sheriff. +he latter shall turn over all the a%ounts co%in' into his possession (ithin the sa%e &ay to the clerk of court of the court that issue& the (rit# or if the sa%e is not practicable# &eposit sai& a%ounts to a fi&uciary account in the nearest 'overn%ent &epository bank of the ,e'ional +rial "ourt of the locality. +he clerk of sai& court shall thereafter arran'e for the re%ittance of the &eposit to the account of the court that issue& the (rit (hose clerk of court shall then &eliver sai& pay%ent to the /u&'%ent obli'ee in satisfaction of the /u&'%ent. +he e.cess# if any# shall be &elivere& to the /u&'%ent obli'or (hile the la(ful fees shall be retaine& by the clerk of court for &isposition as provi&e& by la(. !n no case shall the e.ecutin' sheriff &e%an& that any pay%ent by check be %a&e payable to hi%. (b) Satisfa&tion 'y le(y. � !f the /u&'%ent obli'or cannot pay all or part of the obli'ation in cash# certifie& bank check or other %o&e of pay%ent acceptable to the /u&'%ent obli'ee# the officer shall levy upon the properties of the /u&'%ent obli'or of every kin& an& nature (hatsoever (hich %ay be &ispose&# of for value an& not other(ise e.e%pt fro% e.ecution 'ivin' the latter the option to i%%e&iately choose (hich property or part thereof %ay be levie& upon# sufficient to satisfy the /u&'%ent. !f the /u&'%ent obli'or &oes not e.ercise the

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option# the officer shall first levy on the personal properties# if any# an& then on the real properties if the personal properties are insufficient to ans(er for the /u&'%ent. +he sheriff shall sell only a sufficient portion of the personal or real property of the /u&'%ent obli'or (hich has been levie& upon. 6hen there is %ore property of the /u&'%ent obli'or than is sufficient to satisfy the /u&'%ent an& la(ful fees# he %ust sell only so %uch of the personal or real property as is sufficient to satisfy the /u&'%ent an& la(ful fees. ,eal property# stocks# shares# &ebts# cre&its# an& other personal property# or any interest in either real or personal property# %ay be levie& upon in like %anner an& (ith like effect as un&er a (rit of attach%ent. (c) 3arnishment of de'ts and &redits. � +he officer %ay levy on &ebts &ue the /u&'%ent obli'or an& other cre&its# inclu&in' bank &eposits# financial interests# royalties# co%%issions an& other personal property not capable of %anual &elivery in the possession or control of thir& parties. Fevy shall be %a&e by servin' notice upon the person o(in' such &ebts or havin' in his possession or control such cre&its to (hich the /u&'%ent obli'or is entitle&. +he 'arnish%ent shall cover only such a%ount as (ill satisfy the /u&'%ent an& all la(ful fees. +he 'arnishee shall %ake a (ritten report to the court (ithin five (5) &ays fro% service of the notice of 'arnish%ent statin' (hether or not the /u&'%ent obli'or has sufficient fun&s or cre&its to satisfy the a%ount of the /u&'%ent. !f not# the report shall state ho( %uch fun&s or cre&its the 'arnishee hol&s for the /u&'%ent obli'or. +he 'arnishe& a%ount in cash# or certifie& bank check issue& in the na%e of the /u&'%ent obli'ee# shall be &elivere& &irectly to the /u&'%ent obli'ee (ithin ten (-0) (orkin' &ays fro% service of notice on sai& 'arnishee re<uirin' such &elivery# e.cept the la(ful fees (hich shall be pai& &irectly to the court. !n the event there are t(o or %ore 'arnishees hol&in' &eposits or cre&its sufficient to satisfy the /u&'%ent# the /u&'%ent obli'or# if available# shall have the ri'ht to in&icate the 'arnishee or 'arnishees (ho shall be re<uire& to &eliver the a%ount &ue# other(ise# the choice shall be %a&e by the /u&'%ent obli'ee. +he e.ecutin' sheriff shall observe the sa%e proce&ure un&er para'raph (a) (ith respect to &elivery of pay%ent to the /u&'%ent obli'ee. (8a# -5a) Se*t)o% 14+ 02e&ution of +udgments for spe&ifi& a&t. � (a) Con(eyan&e# deli(ery of deeds# or other spe&ifi& a&ts5 (esting title. � !f a /u&'%ent &irects a party to e.ecute a conveyance of lan& or personal property# or to &eliver &ee&s or other &ocu%ents# or to perfor%# any other specific act in connection there(ith# an& the party fails to co%ply (ithin the ti%e specifie&# the court %ay &irect the act to be &one at the cost of the &isobe&ient party by so%e other person appointe& by the court an& the act (hen so &one shall have like effect as if &one by the party. !f real or personal property is situate& (ithin the Philippines# the court in lieu of &irectin' a conveyance thereof %ay by an or&er &ivest the title of any party an& vest it in others# (hich shall have the force an& effect of a conveyance e.ecute& in &ue for% of la(. (-0a) (b) Sale of real or personal property. � !f the /u&'%ent be for the sale of real or personal property# to sell such property# &escribin' it# an& apply the procee&s in confor%ity (ith the /u&'%ent. (8BcCa)

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(c) 1eli(ery or restitution of real property. � +he officer shall &e%an& of the person a'ainst (ho% the /u&'%ent for the &elivery or restitution of real property is ren&ere& an& all persons clai%in' ri'hts un&er hi% to peaceably vacate the property (ithin three (2) (orkin' &ays# an& restore possession thereof to the /u&'%ent obli'ee# other(ise# the officer shall oust all such persons therefro% (ith the assistance# if necessary# of appropriate peace officers# an& e%ployin' such %eans as %ay be reasonably necessary to retake possession# an& place the /u&'%ent obli'ee in possession of such property. Any costs# &a%a'es# rents or profits a(ar&e& by the /u&'%ent shall be satisfie& in the sa%e %anner as a /u&'%ent for %oney. (-2a) (&) Remo(al of impro(ements on property su'+e&t of e2e&ution . � 6hen the property sub/ect of the e.ecution contains i%prove%ents constructe& or plante& by the /u&'%ent obli'or or his a'ent# the officer shall not &estroy# &e%olish or re%ove sai& i%prove%ents e.cept upon special or&er of the court# issue& upon %otion of the /u&'%ent obli'ee after the hearin' an& after the for%er has faile& to re%ove the sa%e (ithin a reasonable ti%e fi.e& by the court. (-1a) (e) 1eli(ery of personal property. � !n /u&'%ent for the &elivery of personal property# the officer shall take possession of the sa%e an& forth(ith &eliver it to the party entitle& thereto an& satisfy any /u&'%ent for %oney as therein provi&e&. (8a) Se*t)o% 11+ 02e&ution of spe&ial +udgments. � 6hen a /u&'%ent re<uires the perfor%ance of any act other than those %entione& in the t(o prece&in' sections# a certifie& copy of the /u&'%ent shall be attache& to the (rit of e.ecution an& shall be serve& by the officer upon the party a'ainst (ho% the sa%e is ren&ere&# or upon any other person re<uire& thereby# or by la(# to obey the sa%e# an& such party or person %ay be punishe& for conte%pt if he &isobeys such /u&'%ent. (>a) Se*t)o% 1,+ 0ffe&t of le(y on e2e&ution as to third person. � +he levy on e.ecution shall create a lien in favor of the /u&'%ent obli'ee over the ri'ht# title an& interest of the /u&'%ent obli'or in such property at the ti%e of the levy# sub/ect to liens an& encu%brances then e.istin'. (-3a) Se*t)o% 1-+ Property e2empt from e2e&ution. � 4.cept as other(ise e.pressly provi&e& by la(# the follo(in' property# an& no other# shall be e.e%pt fro% e.ecution* (a) +he /u&'%ent obli'orDs fa%ily ho%e as provi&e& by la(# or the ho%estea& in (hich he resi&es# an& lan& necessarily use& in connection there(ith5 (b) 7r&inary tools an& i%ple%ents personally use& by hi% in his tra&e# e%ploy%ent# or livelihoo&5 (c) +hree horses# or three co(s# or three carabaos# or other beasts of bur&en# such as the /u&'%ent obli'or %ay select necessarily use& by hi% in his or&inary occupation5 (&) ;is necessary clothin' an& articles for or&inary personal use# e.clu&in' /e(elry5 (e) ;ousehol& furniture an& utensils necessary for housekeepin'# an& use& for that purpose by the /u&'%ent obli'or an& his fa%ily# such as the /u&'%ent obli'or %ay select# of a value not e.cee&in' one hun&re& thousan& pesos5 (f) Provisions for in&ivi&ual or fa%ily use sufficient for four %onths5 (') +he professional libraries an& e<uip%ent of /u&'es# la(yers# physicians# phar%acists# &entists# en'ineers# surveyors# cler'y%en# teachers# an& other professionals# not e.cee&in' three hun&re& thousan& pesos in value5

47

(h) 7ne fishin' boat an& accessories not e.cee&in' the total value of one hun&re& thousan& pesos o(ne& by a fisher%an an& by the la(ful use of (hich he earns his livelihoo&5 (i) $o %uch of the salaries# (a'es# or earnin's of the /u&'%ent obli'or for his personal services (ithin the four %onths prece&in' the levy as are necessary for the support of his fa%ily5 (/) Fettere& 'ravestones5 (k) Monies# benefits# privile'es# or annuities accruin' or in any %anner 'ro(in' out of any life insurance5 (l) +he ri'ht to receive le'al support# or %oney or property obtaine& as such support# or any pension or 'ratuity fro% the Aovern%ent5 (%) Properties specially e.e%pte& by la(. )ut no article or species of property %entione& in this section shall be e.e%pt fro% e.ecution issue& upon a /u&'%ent recovere& for its price or upon a /u&'%ent of foreclosure of a %ort'a'e thereon. (-2a) Se*t)o% 1.+ Return of %rit of e2e&ution. � +he (rit of e.ecution shall be returnable to the court issuin' it i%%e&iately after the /u&'%ent has been satisfie& in part or in full. !f the /u&'%ent cannot be satisfie& in full (ithin thirty (20) &ays after his receipt of the (rit# the officer shall report to the court an& state the reason therefor. $uch (rit shall continue in effect &urin' the perio& (ithin (hich the /u&'%ent %ay be enforce& by %otion. +he officer shall %ake a report to the court every thirty (20) &ays on the procee&in's taken thereon until the /u&'%ent is satisfie& in full# or its effectivity e.pires. +he returns or perio&ic reports shall set forth the (hole of the procee&in's taken# an& shall be file& (ith the court an& copies thereof pro%ptly furnishe& the parties. (--a) Se*t)o% 1/+ Noti&e of sale of property on e2e&ution. � )efore the sale of property on e.ecution# notice thereof %ust be 'iven as follo(s* (a) !n case of perishable property# by postin' (ritten notice of the ti%e an& place of the sale in three (2) public places# preferably in conspicuous areas of the %unicipal or city hall# post office an& public %arket in the %unicipality or city (here the sale is to take place# for such ti%e as %ay be reasonable# consi&erin' the character an& con&ition of the property5 (b) !n case of other personal property# by postin' a si%ilar notice in the three (2) public places above9%entione& for not less than five (5) &ays5 (c) !n case of real property# by postin' for t(enty (20) &ays in the three (2) public places above%entione& a si%ilar notice particularly &escribin' the property an& statin' (here the property is to be sol&# an& if the assesse& value of the property e.cee&s fifty thousan& (P50#000.00) pesos# by publishin' a copy of the notice once a (eek for t(o (2) consecutive (eeks in one ne(spaper selecte& by raffle# (hether in 4n'lish# @ilipino# or any %a/or re'ional lan'ua'e publishe&# e&ite& an& circulate& or# in the absence thereof# havin' 'eneral circulation in the province or city5 (&) !n all cases# (ritten notice of the sale shall be 'iven to the /u&'%ent obli'or# at least three (2) &ays before the sale# e.cept as provi&e& in para'raph (a) hereof (here notice shall be 'iven the sa%e %anner as personal service of plea&in's an& other papers as provi&e& by section 3 of ,ule -2.

48

+he notice shall specify the place# &ate an& e.act ti%e of the sale (hich shoul& not be earlier than nine oDclock in the %ornin' an& not later than t(o oDclock in the afternoon. +he place of the sale %ay be a'ree& upon by the parties. !n the absence of such a'ree%ent# the sale of the property or personal property not capable of %anual &elivery shall be hel& in the office of the clerk of court of the ,e'ional +rial "ourt or the Municipal +rial "ourt (hich issue& the (rit of or (hich (as &esi'nate& by the appellate court. !n the case of personal property capable of %anual &elivery# the sale shall be hel& in the place (here the property is locate&. (-8a) Se*t)o% 10+ Pro&eedings %here property &laimed 'y third person. � !f the property levie& on is clai%e& by any person other than the /u&'%ent obli'or or his a'ent# an& such person %akes an affi&avit of his title thereto or ri'ht to the possession thereof# statin' the 'roun&s of such ri'ht or title# an& serves the sa%e upon the officer %akin' the levy an& copy thereof# statin' the 'roun&s of such ri'ht or tittle# an& a serves the sa%e upon the officer %akin' the levy an& a copy thereof upon the /u&'%ent obli'ee# the officer shall not be boun& to keep the property# unless such /u&'%ent obli'ee# on &e%an& of the officer# files a bon& approve& by the court to in&e%nity the thir&9party clai%ant in a su% not less than the value of the property levie& on. !n case of &isa'ree%ent as to such value# the sa%e shall be &eter%ine& by the court issuin' the (rit of e.ecution. ?o clai% for &a%a'es for the takin' or keepin' of the property %ay be enforce& a'ainst the bon& unless the action therefor is file& (ithin one hun&re& t(enty (-20) &ays fro% the &ate of the filin' of the bon&. +he officer shall not be liable for &a%a'es for the takin' or keepin' of the property# to any thir&9 party clai%ant if such bon& is file&. ?othin' herein containe& shall prevent such clai%ant or any thir& person fro% vin&icatin' his clai% to the property in a separate action# or prevent the /u&'%ent obli'ee fro% clai%in' &a%a'es in the sa%e or a separate action a'ainst a thir&9party clai%ant (ho file& a frivolous or plainly spurious clai%. 6hen the (rit of e.ecution is issue& in favor of the ,epublic of the Philippines# or any officer &uly representin' it# the filin' of such bon& shall not be re<uire&# an& in case the sheriff or levyin' officer is sue& for &a%a'es as a result of the levy# he shall be represente& by the $olicitor Aeneral an& if hel& liable therefor# the actual &a%a'es a&/u&'e& by the court shall be pai& by the ?ational +reasurer out of such fun&s as %ay be appropriate& for the purpose. (-=a) Se*t)o% 17+ Penalty for selling %ithout noti&e# or remo(ing or defa&ing noti&e. � An officer sellin' (ithout the notice prescribe& by section -5 of this ,ule shall be liable to pay punitive &a%a'es in the a%ount of five thousan& (P5#000.00) pesos to any person in/ure& thereby# in a&&ition to his actual &a%a'es# both to be recovere& by %otion in the sa%e action5 an& a person (illfully re%ovin' or &efacin' the notice poste&# if &one before the sale# or before the satisfaction of the /u&'%ent if it be satisfie& before the sale# shall be liable to pay five thousan& (P5#000.00) pesos to any person in/ure& by reason thereof# in a&&ition to his actual &a%a'es# to be recovere& by %otion in the sa%e action. (->a) Se*t)o% 13+ No sale if +udgment and &osts paid. � At any ti%e before the sale of property on e.ecution# the /u&'%ent obli'or %ay prevent the sale by payin' the a%ount re<uire& by the e.ecution an& the costs that have been incurre& therein. (20a) Se*t)o% 19+ 7o% property sold on e2e&ution5 %ho may dire&t manner and order of sale. � All sales of property un&er e.ecution %ust be %a&e at public auction# to the hi'hest bi&&er# to start at the e.act ti%e fi.e& in the notice. After sufficient property has been sol& to satisfy the e.ecution# no %ore shall be sol& an& any e.cess property or procee&s of the sale shall be pro%ptly &elivere& to the /u&'%ent obli'or or his authori0e& representative# unless other(ise &irecte& by the /u&'%ent or or&er of the court. 6hen the sale is of real property# consistin' of several kno(n lots# they %ust be sol& separately5 or# (hen a portion of such real property is clai%e& by a thir& person# he %ay re<uire it to be sol& separately. 6hen the sale is of personal property capable of %anual &elivery# it %ust be sol& (ithin vie( of those atten&in' the sa%e an& in such parcels as are likely to brin' the hi'hest price. +he /u&'%ent obli'or# if present at the sale# %ay &irect the or&er in (hich property# real or

49

personal shall be sol&# (hen such property consists of several kno(n lots or parcels (hich can be sol& to a&vanta'e separately. ?either the officer con&uctin' the e.ecution sale# nor his &eputies# can beco%e a purchaser# nor be intereste& &irectly or in&irectly in any purchase at such sale. (2-a) Se*t)o% ,4+ Refusal of pur&haser to pay. � !f a purchaser refuses to pay the a%ount bi& by hi% for property struck off to hi% at a sale un&er e.ecution# the officer %ay a'ain sell the property to the hi'hest bi&&er an& shall not be responsible for any loss occasione& thereby5 but the court %ay or&er the refusin' purchaser to pay into the court the a%ount of such loss# (ith costs# an& %ay punish hi% for conte%pt if he &isobeys the or&er. +he a%ount of such pay%ent shall be for the benefit of the person entitle& to the procee&s of the e.ecution# unless the e.ecution has been fully satisfie&# in (hich event such procee&s shall be for the benefit of the /u&'%ent obli'or. +he officer %ay thereafter re/ect any subse<uent bi& of such purchaser (ho refuses to pay. (22a) Se*t)o% ,1+ *udgment o'ligee as pur&haser. � 6hen the purchaser is the /u&'%ent obli'ee# an& no thir&9party clai% has been file&# he nee& not pay the a%ount of the bi& if it &oes not e.cee& the a%ount of his /u&'%ent. !f it &oes# he shall pay only the e.cess. (22a) Se*t)o% ,,+ Ad+ournment of sale. � )y (ritten consent of the /u&'%ent obli'or an& obli'ee# or their &uly authori0e& representatives# the officer %ay a&/ourn the sale to any &ate an& ti%e a'ree& upon by the%. 6ithout such a'ree%ent# he %ay a&/ourn the sale fro% &ay to &ay if it beco%es necessary to &o so for lack of ti%e to co%plete the sale on the &ay fi.e& in the notice or the &ay to (hich it (as a&/ourne&. (21a) Se*t)o% ,-+ Con(eyan&e to pur&haser of personal property &apa'le of manual deli(ery. � 6hen the purchaser of any personal property# capable of %anual &elivery# pays the purchase price# the officer %akin' the sale %ust &eliver the property to the purchaser an&# if &esire&# e.ecute an& &eliver to hi% a certificate of sale. +he sale conveys to the purchaser all the ri'hts (hich the /u&'%ent obli'or ha& in such property as of the &ate of the levy on e.ecution or preli%inary attach%ent. (25a) Se*t)o% ,.+ Con(eyan&e to pur&haser of personal property not &apa'le of manual deli(ery. � 6hen the purchaser of any personal property# not capable of %anual &elivery# pays the purchase price# the officer %akin' the sale %ust e.ecute an& &eliver to the purchaser a certificate of sale. $uch certificate conveys to the purchaser all the ri'hts (hich the /u&'%ent obli'or ha& in such property as of the &ate of the levy on e.ecution or preli%inary attach%ent. (23a) Se*t)o% ,/+ Con(eyan&e of real property5 &ertifi&ate thereof gi(en to pur&haser and filed %ith registry of deeds. � :pon a sale of real property# the officer %ust 'ive to the purchaser a certificate of sale containin'* (a) A particular &escription of the real property sol&5 (b) +he price pai& for each &istinct lot or parcel5 (c) +he (hole price pai& by hi%5 (&) A state%ent that the ri'ht of re&e%ption e.pires one (-) year fro% the &ate of the re'istration of the certificate of sale. $uch certificate %ust be re'istere& in the re'istry of &ee&s of the place (here the property is situate&. (2= a) Se*t)o% ,0+ Certifi&ate of sale %here property &laimed 'y third person . � 6hen a property sol& by virtue of a (rit of e.ecution has been clai%e& by a thir& person# the certificate of sale to be issue& by

50

the sheriff pursuant to sections 22# 21 an& 25 of this ,ule shall %ake e.press %ention of the e.istence of such thir&9party clai%. (28a) Se*t)o% ,7+ ,ho may redeem real property so sold. � ,eal property sol& as provi&e& in the last prece&in' section# or any part thereof sol& separately# %ay be re&ee%e& in the %anner hereinafter provi&e&# by the follo(in' persons* (a) +he /u&'%ent obli'or5 or his successor in interest in the (hole or any part of the property5 (b) A cre&itor havin' a lien by virtue of an attach%ent# /u&'%ent or %ort'a'e on the property sol&# or on so%e part thereof# subse<uent to the lien un&er (hich the property (as sol&. $uch re&ee%in' cre&itor is ter%e& a re&e%ptioner. (2>a) Se*t)o% ,3+ #ime and manner of, and amounts paya'le on# su&&essi(e redemptions5 noti&e to 'e gi(en and filed. � +he /u&'%ent obli'or# or re&e%ptioner# %ay re&ee% the property fro% the purchaser# at any ti%e (ithin one (-) year fro% the &ate of the re'istration of the certificate of sale# by payin' the purchaser the a%ount of his purchase# (ith the per &entum per %onth interest thereon in a&&ition# up to the ti%e of re&e%ption# to'ether (ith the a%ount of any assess%ents or ta.es (hich the purchaser %ay have pai& thereon after purchase# an& interest on such last na%e& a%ount at the sa%e rate5 an& if the purchaser be also a cre&itor havin' a prior lien to that of the re&e%ptioner# other than the /u&'%ent un&er (hich such purchase (as %a&e# the a%ount of such other lien# (ith interest. Property so re&ee%e& %ay a'ain be re&ee%e& (ithin si.ty (30) &ays after the last re&e%ption upon pay%ent of the su% pai& on the last re&e%ption# (ith t(o per &entum thereon in a&&ition an& the a%ount of any assess%ents or ta.es (hich the last re&e%ptioner %ay have pai& thereon after re&e%ption by hi%# (ith interest on such last na%e& a%ount# an& in a&&ition# the a%ount of any liens hel& by sai& last re&e%ptioner prior to his o(n# (ith interest. +he property %ay be a'ain# an& as often as a re&e%ptioner is so &ispose&# re&ee%e& fro% any previous re&e%ptioner (ithin si.ty (30) &ays after the last re&e%ption# on payin' the su% pai& on the last previous re&e%ption# (ith t(o per &entum thereon in a&&ition# an& the a%ounts of any assess%ents or ta.es (hich the last previous re&e%ptioner pai& after the re&e%ption thereon# (ith interest thereon# an& the a%ount of any liens hel& by the last re&e%ptioner prior to his o(n# (ith interest. 6ritten notice of any re&e%ption %ust be 'iven to the officer (ho %a&e the sale an& a &uplicate file& (ith the re'istry of &ee&s of the place# an& if any assess%ents or ta.es are pai& by the re&e%ptioner or if he has or ac<uires any lien other than that upon (hich the re&e%ption (as %a&e# notice thereof %ust in like %anner be 'iven to the officer an& file& (ith the re'istry of &ee&s5 if such notice be not file&# the property %ay be re&ee%e& (ithout payin' such assess%ents# ta.es# or liens. (20a) Se*t)o% ,9+ 0ffe&t of redemption 'y +udgment o'ligor# and a &ertifi&ate to 'e deli(ered and re&orded thereupon5 to %hom payments on redemption made. � !f the /u&'%ent obli'or re&ee%s he %ust %ake the sa%e pay%ents as are re<uire& to effect a re&e%ption by a re&e%ptioner# (hereupon# no further re&e%ption shall be allo(e& an& he is restore& to his estate. +he person to (ho% the re&e%ption pay%ent is %a&e %ust e.ecute an& &eliver to hi% a certificate of re&e%ption ackno(le&'e& before a notary public or other officer authori0e& to take ackno(le&'%ents of conveyances of real property. $uch certificate %ust be file& an& recor&e& in the re'istry of &ee&s of the place in (hich the property is situate& an& the re'istrar of &ee&s %ust note the recor& thereof on the %ar'in of the recor& of the certificate of sale. +he pay%ents %entione& in this an& the last prece&in' sections %ay be %a&e to the purchaser or re&e%ptioner# or for hi% to the officer (ho %a&e the sale. (2-a) Se*t)o% -4+ Proof re:uired of redemptioner. � A re&e%ptioner %ust pro&uce to the officer# or person fro% (ho% he seeks to re&ee%# an& serve (ith his notice to the officer a copy of the /u&'%ent

51

or final or&er un&er (hich he clai%s the ri'ht to re&ee%# certifie& by the clerk of the court (herein the /u&'%ent or final or&er is entere&# or# if he re&ee%s upon a %ort'a'e or other lien# a %e%oran&u% of the recor& thereof# certifie& by the re'istrar of &ee&s# or an ori'inal or certifie& copy of any assi'n%ent necessary to establish his clai%5 an& an affi&avit e.ecute& by hi% or his a'ent# sho(in' the a%ount then actually &ue on the lien. (22a) Se*t)o% -1+ Manner of using premises pending redemption5 %aste restrained. � :ntil the e.piration of the ti%e allo(e& for re&e%ption# the court %ay# as in other proper cases# restrain the co%%ission of (aste on the property by in/unction# on the application of the purchaser or the /u&'%ent obli'ee# (ith or (ithout notice5 but it is not (aste for a person in possession of the property at the ti%e of the sale# or entitle& to possession after(ar&s# &urin' the perio& allo(e& for re&e%ption# to continue to use it in the sa%e %anner in (hich it (as previously use&# or to use it in the or&inary course of husban&ry5 or to %ake the necessary repairs to buil&in's thereon (hile he occupies the property. (22a) Se*t)o% -,+ Rents# earnings and in&ome of property pending redemption. � +he purchaser or a re&e%ptioner shall not be entitle& to receive the rents# earnin's an& inco%e of the property sol& on e.ecution# or the value of the use an& occupation thereof (hen such property is in the possession of a tenant. All rents# earnin's an& inco%e &erive& fro% the property pen&in' re&e%ption shall belon' to the /u&'%ent obli'or until the e.piration of his perio& of re&e%ption. (21a) Se*t)o% --+ 1eed and possession to 'e gi(en at e2piration of redemption period 5 'y %hom e2e&uted or gi(en. � !f no re&e%ption be %a&e (ithin one (-) year fro% the &ate of the re'istration of the certificate of sale# the purchaser is entitle& to a conveyance an& possession of the property5 or# if so re&ee%e& (henever si.ty (30) &ays have elapse& an& no other re&e%ption has been %a&e# an& notice thereof 'iven# an& the ti%e for re&e%ption has e.pire&# the last re&e%ptioner is entitle& to the conveyance an& possession5 but in all cases the /u&'%ent obli'or shall have the entire perio& of one (-) year fro% the &ate of the re'istration of the sale to re&ee% the property. +he &ee& shall be e.ecute& by the officer %akin' the sale or by his successor in office# an& in the latter case shall have the sa%e vali&ity as thou'h the officer %akin' the sale ha& continue& in office an& e.ecute& it. :pon the e.piration of the ri'ht of re&e%ption# the purchaser or re&e%ptioner shall be substitute& to an& ac<uire all the ri'hts# title# interest an& clai% of the /u&'%ent obli'or to the property as of the ti%e of the levy. +he possession of the property shall be 'iven to the purchaser or last re&e%ptioner by the sa%e officer unless a thir& party a&versely to the /u&'%ent obli'or. (25a) Se*t)o% -.+ Re&o(ery of pri&e if sale not effe&ti(e 5 re(i(al of +udgment. � !f the purchaser of real property sol& on e.ecution# or his successor in interest# fails to recover the possession thereof# or is evicte& therefro%# in conse<uence of irre'ularities in the procee&in's concernin' the sale# or because the /u&'%ent has been reverse& or set asi&e# or because the property sol& (as e.e%pt fro% e.ecution# or because a thir& person has vin&icate& his clai% to the property# he %ay on %otion in the sa%e action or in a separate action recover fro% the /u&'%ent obli'ee the price pai&# (ith interest# or so %uch thereof as has not been &elivere& to the /u&'%ent obli'or# or he %ay# on %otion# have the ori'inal /u&'%ent revive& in his na%e for the (hole price (ith interest# or so %uch thereof as has been &elivere& to the /u&'%ent obli'or. +he /u&'%ent so revive& shall have the sa%e force an& effect as an ori'inal /u&'%ent (oul& have as of the &ate of the revival an& no %ore. (23a) Se*t)o% -/+ Right to &ontri'ution or reim'ursement. � 6hen property liable to an e.ecution a'ainst several persons is sol& thereon# an& %ore than a &ue proportion of the /u&'%ent is satisfie& out of the procee&s of the sale of the property of one of the%# or one of the% pays# (ithout a sale# %ore than his proportion# he %ay co%pel a contribution fro% the others5 an& (hen a /u&'%ent is upon an obli'ation of one of the%# as security for another# an& the surety pays the a%ount# or any part thereof# either by sale of his property or before sale# he %ay co%pel repay%ent fro% the principal. (2=a)

52

Se*t)o% -0+ 02amination of +udgment o'ligor %hen +udgment unsatisfied. � 6hen the return of a (rit of e.ecution issue& a'ainst property of a /u&'%ent obli'or# or any one of several obli'ors in the sa%e /u&'%ent# sho(s that the /u&'%ent re%ains unsatisfie&# in (hole or in part# the /u&'%ent obli'ee# at any ti%e after such return is %a&e# shall be entitle& to an or&er fro% the court (hich ren&ere& the sai& /u&'%ent# re<uirin' such /u&'%ent obli'or to appear an& be e.a%ine& concernin' his property an& inco%e before such court or before a co%%issioner appointe& by it at a specifie& ti%e an& place5 an& procee&in's %ay thereupon be ha& for the application of the property an& inco%e of the /u&'%ent obli'or to(ar&s the satisfaction of the /u&'%ent. )ut no /u&'%ent obli'or shall be so re<uire& to appear before a court or co%%issioner outsi&e the province or city in (hich such obli'or resi&es or is foun&. (28a) Se*t)o% -7+ 02amination of o'ligor of +udgment o'ligor. � 6hen the return of a (rit of e.ecution a'ainst the property of a /u&'%ent obli'or sho(s that the /u&'%ent re%ain unsatisfie&# in (hole or in part# an& upon proof to the satisfaction of the court (hich issue& the (rit# that a person# corporation# or other /uri&ical entity has property of such /u&'%ent obli'or or is in&ebte& to hi%# the court %ay# by an or&er# re<uire such person# corporation# or other /uri&ical entity# or any officer# or %e%ber thereof# to appear before the court or a co%%issioner appointe& by it# at a ti%e an& place (ithin the province or city (here such &ebtor resi&es or is foun&# an& be e.a%ine& concernin' the sa%e. +he service of the or&er shall bin& all cre&its &ue the /u&'%ent obli'or an& all %oney an& property of the /u&'%ent obli'or in the possession or in the control of such person corporation# or /uri&ical entity fro% the ti%e of service5 an& the court %ay also re<uire notice of such procee&in's to be 'iven to any party to the action in such %anner as it %ay &ee% proper. (2>a) Se*t)o% -3+ 0nfor&ement of attendan&e and &ondu&t of e2amination . � A party or other person %ay be co%pelle&# by an or&er or subpoena# to atten& before the court or co%%issioner to testify as provi&e& in the t(o prece&in' sections# an& upon failure to obey such or&er or subpoena or to be s(orn# or to ans(er as a (itness or to subscribe his &eposition# %ay be punishe& for conte%pt as in other cases. 4.a%inations shall not be un&uly prolon'e&# but the procee&in's %ay be a&/ourne& fro% ti%e to ti%e# until they are co%plete&. !f the e.a%ination is before a co%%issioner# he %ust take it in (ritin' an& certify it to the court. All e.a%inations an& ans(ers before a court co%%issioner %ust be un&er oath# an& (hen a corporation or other /uri&ical entity ans(ers# it %ust be on the oath of an authori0e& officer or a'ent thereof. (10a) Se*t)o% -9+ )'ligor may pay e2e&ution against o'ligee. � After a (rit of e.ecution a'ainst property has been issue&# a person in&ebte& to the /u&'%ent obli'or %ay pay to the sheriff hol&in' the (rit of e.ecution the a%ount of his &ebt or so %uch thereof as %ay be necessary to satisfy the /u&'%ent# in the %anner prescribe& in section > of this ,ule# an& the sheriffDs receipt shall be a sufficient &ischar'e for the a%ount so pai& or &irecte& to be cre&ite& by the /u&'%ent obli'ee on the e.ecution. (1-a) Se*t)o% .4+ )rder for appli&ation of property and in&ome to satisfa&tion of +udgment . � +he court %ay or&er any property of the /u&'%ent obli'or# or %oney &ue hi%# not e.e%pt fro% e.ecution# in the han&s of either hi%self or another person# or of a corporation or other /uri&ical entity# to be applie& to the satisfaction of the /u&'%ent# sub/ect to any prior ri'hts over such property. !f# upon investi'ation of his current inco%e an& e.penses# it appears that the earnin's of the /u&'%ent obli'or for his personal services are %ore than necessary for the support of his fa%ily# the court %ay or&er that he pay the /u&'%ent in fi.e& %onthly install%ents# an& upon his failure to pay any such install%ent (hen &ue (ithout 'oo& e.cuse# %ay punish hi% for in&irect conte%pt. (12a) Se*t)o% .1+ Appointment of re&ei(er. � +he court %ay appoint a receiver of the property of the /u&'%ent obli'or5 an& it %ay also forbi& a transfer or other &isposition of# or any interference (ith# the property of the /u&'%ent obli'or not e.e%pt fro% e.ecution. (12a)

53

Se*t)o% .,+ Sale of as&ertaina'le interest of +udgment o'ligor in real estate. � !f it appears that the /u&'%ent obli'or has an interest in real estate in the place in (hich procee&in's are ha&# as %ort'a'or or %ort'a'ee or other9 (ise# an& his interest therein can be ascertaine& (ithout controversy the receiver %ay be or&ere& to sell an& convey such real estate or the interest of the obli'or therein5 an& such sale shall be con&ucte& in all respects in the sa%e %anner as is provi&e& for the sale of real state upon e.ecution# an& the procee&in's thereon shall be approve& by the court before the e.ecution of the &ee&. (21a) Se*t)o% .-+ Pro&eedings %hen inde'tedness denied or another person &laims the property. � !f it appears that a person or corporation# alle'e& to have property of the /u&'%ent obli'or or to be in&ebte& to hi%# clai%s an interest in the property a&verse to hi% or &enie& the &ebt# the court %ay authori0e# by an or&er %a&e to that effect# the /u&'%ent obli'ee to institute an action a'ainst such person or corporation for the recovery of such interest or &ebt# forbi& a transfer or other &isposition of such interest or &ebt (ithin one hun&re& t(enty (-20) &ays fro% notice of the or&er# an& %ay punish &isobe&ience of such or&er as for conte%pt. $uch or&er %ay be %o&ifie& or vacate& at any ti%e by the court (hich issue& it# or by the court in (hich the action is brou'ht# upon such ter%s as %ay be /ust. (15a) Se*t)o% ..+ 0ntry of satisfa&tion of +udgment 'y &ler/ of &ourt. � $atisfaction of a /u&'%ent shall be entere& by the clerk of court in the court &ocket# an& in the e.ecution book# upon the return of a (rit of e.ecution sho(in' the full satisfaction of the /u&'%ent# or upon the filin' of an a&%ission to the satisfaction of the /u&'%ent e.ecute& an& ackno(le&'e& in the sa%e %anner as a conveyance of real property by the /u&'%ent obli'ee or by his counsel unless a revocation of his authority is file&# or upon the en&orse%ent of such a&%ission by the /u&'%ent obli'ee or his counsel# on the face of the recor& of the /u&'%ent. (13a) Se*t)o% ./+ 0ntry of satisfa&tion %ith or %ithout admission. � 6henever a /u&'%ent is satisfie& in fact# or other(ise than upon an e.ecution on &e%an& of the /u&'%ent obli'or# the /u&'%ent obli'ee or his counsel %ust e.ecute an& ackno(le&'e# or in&orse an a&%ission of the satisfaction as provi&e& in the last prece&in' section# an& after notice an& upon %otion the court %ay or&er either the /u&'%ent obli'ee or his counsel to &o so# or %ay or&er the entry of satisfaction to be %a&e (ithout such a&%ission. (1=a) Se*t)o% .0+ ,hen prin&ipal 'ound 'y +udgment against surety. � 6hen a /u&'%ent is ren&ere& a'ainst a party (ho stan&s as surety for another# the latter is also boun& fro% the ti%e that he has notice of the action or procee&in'# an& an opportunity at the suretyDs re<uest to /oin in the &efense. (18a) Se*t)o% .7+ 0ffe&t of +udgments or final orders. � +he effect of a /u&'%ent or final or&er ren&ere& by a court of the Philippines# havin' /uris&iction to pronounce the /u&'%ent or final or&er# %ay be as follo(s* (a) !n case of a /u&'%ent or final or&er a'ainst a specific thin'# or in respect to the probate of a (ill# or the a&%inistration of the estate of a &ecease& person# or in respect to the personal# political# or le'al con&ition or status of a particular person or his relationship to another# the /u&'%ent or final or&er is conclusive upon the title to the thin'# the (ill or a&%inistration or the con&ition# status or relationship of the person# ho(ever# the probate of a (ill or 'rantin' of letters of a&%inistration shall only be prima fa&ie evi&ence of the &eath of the testator or intestate5 (b) !n other cases# the /u&'%ent or final or&er is# (ith respect to the %atter &irectly a&/u&'e& or as to any other %atter that coul& have been %isse& in relation thereto# conclusive bet(een the parties an& their successors in interest# by title subse<uent to the co%%ence%ent of the action or special procee&in'# liti'atin' for the sa%e thin' an& un&er the sa%e title an& in the sa%e capacity5 an&

54

(c) !n any other liti'ation bet(een the sa%e parties or their successors in interest# that only is &ee%e& to have been a&/u&'e& in a for%er /u&'%ent or final or&er (hich appears upon its face to have been so a&/u&'e&# or (hich (as actually an& necessarily inclu&e& therein or necessary thereto. (1>a) Se*t)o% .3+ 0ffe&t of foreign +udgments or final orders. � +he effect of a /u&'%ent or final or&er of a tribunal of a forei'n country# havin' /uris&iction to ren&er the /u&'%ent or final or&er is as follo(s* (a) !n case of a /u&'%ent or final or&er upon a specific thin'# the /u&'%ent or final or&er# is conclusive upon the title to the thin'# an& (b) !n case of a /u&'%ent or final or&er a'ainst a person# the /u&'%ent or final or&er is presu%ptive evi&ence of a ri'ht as bet(een the parties an& their successors in interest by a subse<uent title. !n either case# the /u&'%ent or final or&er %ay be repelle& by evi&ence of a (ant of /uris&iction# (ant of notice to the party# collusion# frau&# or clear %istake of la( or fact. (50a)

A99e&'s

RULE .4 A99e&' Fro5 Mu%)*)9&' Tr)&' Courts to the Re6)o%&' Tr)&' Courts Se*t)o% 1+ ,here to appeal. � An appeal fro% a /u&'%ent or final or&er of a Municipal +rial "ourt %ay be taken to the ,e'ional +rial "ourt e.ercisin' /uris&iction over the area to (hich the for%er pertains. +he title of the case shall re%ain as it (as in the court of ori'in# but the party appealin' the case shall be further referre& to as the appellant an& the a&verse party as the appellee. (a) Se*t)o% ,+ ,hen to appeal. � An appeal %ay be taken (ithin fifteen (-5) &ays after notice to the appellant of the /u&'%ent or final or&er appeale& fro%. 6here a recor& on appeal is re<uire&# the appellant shall file a notice of appeal an& a recor& on appeal (ithin thirty (20) &ays after notice of the /u&'%ent or final or&er. +he perio& of appeal shall be interrupte& by a ti%ely %otion for ne( trial or reconsi&eration. ?o %otion for e.tension of ti%e to file a %otion for ne( trial or reconsi&eration shall be allo(e&. (n) Se*t)o% -+ 7o% to appeal. � +he appeal is taken by filin' a notice of appeal (ith the court that ren&ere& the /u&'%ent or final or&er appeale& fro%. +he notice of appeal shall in&icate the parties to the appeal# the /u&'%ent or final or&er or part thereof appeale& fro%# an& state the %aterial &ates sho(in' the ti%eliness of the appeal. A recor& on appeal shall be re<uire& only in special procee&in's an& in other cases of %ultiple or separate appeals. +he for% an& contents of the recor& on appeal shall be as provi&e& in section 3# ,ule 1-. "opies of the notice of appeal# an& the recor& on appeal (here re<uire&# shall be serve& on the a&verse party. (n)

55

Se*t)o% .+ Perfe&tion of appeal5 effe&t thereof. � +he perfection of the appeal an& the effect thereof shall be 'overne& by the provisions of section ># ,ule 1-. (n) Se*t)o% /+ Appellate &ourt do&/et and other la%ful fees. � 6ithin the perio& for takin' an appeal# the appellant shall pay to the clerk of the court (hich ren&ere& the /u&'%ent or final or&er appeale& fro% the full a%ount of the appellate court &ocket an& other la(ful fees. Proof of pay%ent thereof shall be trans%itte& to the appellate court to'ether (ith the ori'inal recor& or the recor& on appeal# as the case %ay be. (n) Se*t)o% 0+ 1uty of the &ler/ of &ourt. � 6ithin fifteen (-5) &ays fro% the perfection of the appeal# the clerk of court or the branch clerk of court of the lo(er court shall trans%it the ori'inal recor& or the recor& on appeal# to'ether (ith the transcripts an& e.hibits# (hich he shall certify as co%plete# to the proper ,e'ional +rial "ourt. A copy of his letter of trans%ittal of the recor&s to the appellate court shall be furnishe& the parties. (n) Se*t)o% 7+ Pro&edure in the Regional #rial Court. � (a) :pon receipt of the co%plete recor& or the recor& on appeal# the clerk of court of the ,e'ional +rial "ourt shall notify the parties of such fact. (b) 6ithin fifteen (-5) &ays fro% such notice# it shall be the &uty of the appellant to sub%it a %e%oran&u% (hich shall briefly &iscuss the errors i%pute& to the lo(er court# a copy of (hich shall be furnishe& by hi% to the a&verse party. 6ithin fifteen (-5) &ays fro% receipt of the appellantDs %e%oran&u%# the appellee %ay file his %e%oran&u%. @ailure of the appellant to file a %e%oran&u% shall be a 'roun& for &is%issal of the appeal. (c) :pon the filin' of the %e%oran&u% of the appellee# or the e.piration of the perio& to &o so# the case shall be consi&ere& sub%itte& for &ecision. +he ,e'ional +rial "ourt shall &eci&e the case on the basis of the entire recor& of the procee&in's ha& in the court of ori'inal an& such %e%oran&a as are file&. (n) Se*t)o% 3+ Appeal from orders dismissing &ase %ithout trial5 la&/ of +urisdi&tion. � !f an appeal is taken fro% an or&er of the lo(er court &is%issin' the case (ithout a trial on the %erits# the ,e'ional +rial "ourt %ay affir% or reverse it# as the case %ay be. !n case of affir%ance an& the 'roun& of &is%issal is lack of /uris&iction over the sub/ect %atter# the ,e'ional +rial "ourt# if it has /uris&iction thereover# shall try the case on the %erits as if the case (as ori'inally file& (ith it. !n case of reversal# the case shall be re%an&e& for further procee&in's. !f the case (as trie& on the %erits by the lo(er court (ithout /uris&iction over the sub/ect %atter# the ,e'ional +rial "ourt on appeal shall not &is%iss the case if it has ori'inal /uris&iction thereof# but shall &eci&e the case in accor&ance (ith the prece&in' section# (ithout pre/u&ice to the a&%ission of a%en&e& plea&in's an& a&&itional evi&ence in the interest of /ustice. (n) Se*t)o% 9+ Appli&a'ility of Rule = . � +he other provisions of ,ule 1- shall apply to appeals provi&e& for herein insofar as they are not inconsistent (ith or %ay serve to supple%ent the provisions of this ,ule. (n)

RULE .1 A99e&' Fro5 The Re6)o%&' Tr)&' Courts

56

Se*t)o% 1+ Su'+e&t of appeal. � An appeal %ay be taken fro% a /u&'%ent or final or&er that co%pletely &isposes of the case# or of a particular %atter therein (hen &eclare& by these ,ules to be appealable. ?o appeal %ay be taken fro%* (a) An or&er &enyin' a %otion for ne( trial or reconsi&eration5 (b) An or&er &enyin' a petition for relief or any si%ilar %otion seekin' relief fro% /u&'%ent5 (c) An interlocutory or&er5 (&) An or&er &isallo(in' or &is%issin' an appeal5 (e) An or&er &enyin' a %otion to set asi&e a /u&'%ent by consent# confession or co%pro%ise on the 'roun& of frau&# %istake or &uress# or any other 'roun& vitiatin' consent5 (f) An or&er of e.ecution5 (') A /u&'%ent or final or&er for or a'ainst one or %ore of several parties or in separate clai%s# counterclai%s# cross9clai%s an& thir&9party co%plaints# (hile the %ain case is pen&in'# unless the court allo(s an appeal therefro%5 an& (h) An or&er &is%issin' an action (ithout pre/u&ice. !n all the above instances (here the /u&'%ent or final or&er is not appealable# the a''rieve& party %ay file an appropriate special civil action un&er ,ule 35. (n) Se*t)o% ,+ Modes of appeal. � (a) )rdinary appeal. � +he appeal to the "ourt of Appeals in cases &eci&e& by the ,e'ional +rial "ourt in the e.ercise of its ori'inal /uris&iction shall be taken by filin' a notice of appeal (ith the court (hich ren&ere& the /u&'%ent or final or&er appeale& fro% an& servin' a copy thereof upon the a&verse party. ?o recor& on appeal shall be re<uire& e.cept in special procee&in's an& other cases of %ultiple or separate appeals (here la( on these ,ules so re<uire. !n such cases# the recor& on appeal shall be file& an& serve& in like %anner. (b) Petition for re(ie%. � +he appeal to the "ourt of Appeals in cases &eci&e& by the ,e'ional +rial "ourt in the e.ercise of its appellate /uris&iction shall be by petition for revie( in accor&ance (ith ,ule 12. (c) Appeal 'y &ertiorari. � !n all cases (here only <uestions of la( are raise& or involve&# the appeal shall be to the $upre%e "ourt by petition for revie( on &ertiorari in accor&ance (ith the ,ule 15. (n) Se*t)o% -+ Period of ordinary appeal. � +he appeal shall be taken (ithin fifteen (-5) &ays fro% notice of the /u&'%ent or final or&er appeale& fro%. 6here a recor& on appeal is re<uire&# the appellant shall file a notice of appeal an& a recor& on appeal (ithin thirty (20) &ays fro% notice of the /u&'%ent or final or&er. +he perio& of appeal shall be interrupte& by a ti%ely %otion for ne( trial or reconsi&eration. ?o %otion for e.tension of ti%e to file a %otion for ne( trial or reconsi&eration shall be allo(e&. (n)

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Se*t)o% .+ Appellate &ourt do&/et and other la%ful fees. � 6ithin the perio& for takin' an appeal# the appellant shall pay to the clerk of the court (hich ren&ere& the /u&'%ent or final or&er appeale& fro%# the full a%ount of the appellate court &ocket an& other la(ful fees. Proof of pay%ent of sai& fees shall be trans%itte& to the appellate court to'ether (ith the ori'inal recor& or the recor& on appeal. (n) Se*t)o% /+ Noti&e of appeal. � +he notice of appeal shall in&icate the parties to the appeal# specify the /u&'%ent or final or&er or part thereof appeale& fro%# specify the court to (hich the appeal is bein' taken# an& state the %aterial &ates sho(in' the ti%eliness of the appeal. (1a) Se*t)o% 0+ Re&ord on appeal5 form and &ontents thereof. � +he full na%es of all the parties to the procee&in's shall be state& in the caption of the recor& on appeal an& it shall inclu&e the /u&'%ent or final or&er fro% (hich the appeal is taken an&# in chronolo'ical or&er# copies of only such plea&in's# petitions# %otions an& all interlocutory or&ers as are relate& to the appeale& /u&'%ent or final or&er for the proper un&erstan&in' of the issue involve&# to'ether (ith such &ata as (ill sho( that the appeal (as perfecte& on ti%e. !f an issue of fact is to be raise& on appeal# the recor& on appeal shall inclu&e by reference all the evi&ence# testi%onial an& &ocu%entary# taken upon the issue involve&. +he reference shall specify the &ocu%entary evi&ence by the e.hibit nu%bers or letters by (hich it (as i&entifie& (hen a&%itte& or offere& at the hearin'# an& the testi%onial evi&ence by the na%es of the correspon&in' (itnesses. !f the (hole testi%onial an& &ocu%entary evi&ence in the case is to be inclu&e&# a state%ent to that effect (ill be sufficient (ithout %entionin' the na%es of the (itnesses or the nu%bers or letters of e.hibits. 4very recor& on appeal e.cee&in' t(enty (20) pa'es %ust contain a sub/ect in&e.. (3a) Se*t)o% 7+ Appro(al of re&ord on appeal. � :pon the filin' of the recor& on appeal for approval an& if no ob/ection is file& by the appellee (ithin five (5) &ays fro% receipt of a copy thereof# the trial court %ay approve it as presente& or upon its o(n %otion or at the instance of the appellee# %ay &irect its a%en&%ent by the inclusion of any o%itte& %atters (hich are &ee%e& essential to the &eter%ination of the issue of la( or fact involve& in the appeal. !f the trial court or&ers the a%en&%ent of the recor&# the appellant# (ithin the ti%e li%ite& in the or&er# or such e.tension thereof as %ay be 'rante&# or if no ti%e is fi.e& by the or&er (ithin ten (-0) &ays fro% receipt thereof# shall re&raft the recor& by inclu&in' therein# in their proper chronolo'ical se<uence# such a&&itional %atters as the court %ay have &irecte& hi% to incorporate# an& shall thereupon sub%it the re&rafte& recor& for approval# upon notice to the appellee# in like %anner as the ori'inal &raft. (=a) Se*t)o% 3+ *oint re&ord on appeal. � 6here both parties are appellants# they %ay file a /oint recor& on appeal (ithin the ti%e fi.e& by section 2 of this ,ule# or that fi.e& by the court. (8a) Se*t)o% 9+ Perfe&tion of appeal5 effe&t thereof. � A partyDs appeal by notice of appeal is &ee%e& perfecte& as to hi% upon the filin' of the notice of appeal in &ue ti%e. A partyDs appeal by recor& on appeal is &ee%e& perfecte& as to hi% (ith respect to the sub/ect %atter thereof upon the approval of the recor& on appeal file& in &ue ti%e. !n appeals by notice of appeal# the court loses /uris&iction over the case upon the perfection of the appeals file& in &ue ti%e an& the e.piration of the ti%e to appeal of the other parties. !n appeals by recor& on appeal# the court loses /uris&iction only over the sub/ect %atter thereof upon the approval of the recor&s on appeal file& in &ue ti%e an& the e.piration of the appeal of the other parties. !n either case# prior to the trans%ittal of the ori'inal recor& or the recor& on appeal# the court %ay issue or&ers for the protection an& preservation of the ri'hts of the parties (hich &o not involve any

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%atter liti'ate& by the appeal# approve co%pro%ises# per%it appeals of in&i'ent liti'ants# or&er e.ecution pen&in' appeal in accor&ance (ith 2 of ,ule 2># an& allo( (ith&ra(al of the appeal. (>a) Se*t)o% 14+ 1uty of &ler/ of &ourt of the lo%er &ourt upon perfe&tion of appeal . � 6ithin thirty (20) &ays after perfection of all the appeals in accor&ance (ith the prece&in' section# it shall be the &uty of the clerk of court of the lo(er court* (a) +o verify the correctness of the ori'inal recor& or the recor& on appeal# as the case %ay be ai& to %ake certification of its correctness5 (b) +o verify the co%pleteness of the recor&s that (ill be# trans%itte& to the appellate court5 (c) !f foun& to be inco%plete# to take such %easures as %ay be re<uire& to co%plete the recor&s# availin' of the authority that he or the court %ay e.ercise for this purpose5 an& (&) +o trans%it the recor&s to the appellate court. !f the efforts to co%plete the recor&s fail# he shall in&icate in his letter of trans%ittal the e.hibits or transcripts not inclu&e& in the recor&s bein' trans%itte& to the appellate court# the reasons for their non9trans%ittal# an& the steps taken or that coul& be taken to have the% available. +he clerk of court shall furnish the parties (ith copies of his letter of trans%ittal of the recor&s to the appellate court. (-0a) Se*t)o% 11+ #rans&ript. � :pon the perfection of the appeal# the clerk shall i%%e&iately &irect the steno'raphers concerne& to attach to the recor& of the case five (5) copies of the transcripts of the testi%onial evi&ence referre& to in the recor& on appeal. +he steno'raphers concerne& shall transcribe such testi%onial evi&ence an& shall prepare an& affi. to their transcripts an in&e. containin' the na%es of the (itnesses an& the pa'es (herein their testi%onies are foun&# an& a list of the e.hibits an& the pa'es (herein each of the% appears to have been offere& an& a&%itte& or re/ecte& by the trial court. +he transcripts shall be trans%itte& to the clerk of the trial court (ho shall thereupon arran'e the sa%e in the or&er in (hich the (itnesses testifie& at the trial# an& shall cause the pa'es to be nu%bere& consecutively. (-2a) Se*t)o% 1,+ #ransmittal. � +he clerk of the trial court shall trans%it to the appellate court the ori'inal recor& or the approve& recor& on appeal (ithin thirty (20) &ays fro% the perfection of the appeal# to'ether (ith the proof of pay%ent of the appellate court &ocket an& other la(ful fees# a certifie& true copy of the %inutes of the procee&in's# the or&er of approval# the certificate of correctness# the ori'inal &ocu%entary evi&ence referre& to therein# an& the ori'inal an& three (2) copies of the transcripts. "opies of the transcripts an& certifie& true copies of the &ocu%entary evi&ence shall re%ain in the lo(er court for the e.a%ination of the parties. (--a) Se*t)o% 1-+ 1ismissal of appeal. � Prior to the trans%ittal of the ori'inal recor& or the recor& on appeal to the appellate court# the trial court %ay motu propio or on %otion &is%iss the appeal for havin' been taken out of ti%e. (-1a)

RULE ., Pet)t)o% for Re()e> Fro5 the Re6)o%&' Tr)&' Courts to the Court of A99e&'s

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Se*t)o% 1+ 7o% appeal ta/en5 time for filing. � A party &esirin' to appeal fro% a &ecision of the ,e'ional +rial "ourt ren&ere& in the e.ercise of its appellate /uris&iction %ay file a verifie& petition for revie( (ith the "ourt of Appeals# payin' at the sa%e ti%e to the clerk of sai& court the correspon&in' &ocket an& other la(ful fees# &epositin' the a%ount of P500.00 for costs# an& furnishin' the ,e'ional +rial "ourt an& the a&verse party (ith a copy of the petition. +he petition shall be file& an& serve& (ithin fifteen (-5) &ays fro% notice of the &ecision sou'ht to be revie(e& or of the &enial of petitionerDs %otion for ne( trial or reconsi&eration file& in &ue ti%e after /u&'%ent. :pon proper %otion an& the pay%ent of the full a%ount of the &ocket an& other la(ful fees an& the &eposit for costs before the e.piration of the re'le%entary perio&# the "ourt of Appeals %ay 'rant an a&&itional perio& of fifteen (-5) &ays only (ithin (hich to file the petition for revie(. ?o further e.tension shall be 'rante& e.cept for the %ost co%pellin' reason an& in no case to e.cee& fifteen (-5) &ays. (n) Se*t)o% ,+ 8orm and &ontents. � +he petition shall be file& in seven (=) le'ible copies# (ith the ori'inal copy inten&e& for the court bein' in&icate& as such by the petitioner# an& shall (a) state the full na%es of the parties to the case# (ithout i%plea&in' the lo(er courts or /u&'es thereof either as petitioners or respon&ents5 (b) in&icate the specific %aterial &ates sho(in' that it (as file& on ti%e5 (c) set forth concisely a state%ent of the %atters involve&# the issues raise&# the specification of errors of fact or la(# or both# alle'e&ly co%%itte& by the ,e'ional +rial "ourt# an& the reasons or ar'u%ents relie& upon for the allo(ance of the appeal5 (&) be acco%panie& by clearly le'ible &uplicate ori'inals or true copies of the /u&'%ents or final or&ers of both lo(er courts# certifie& correct by the clerk of court of the ,e'ional +rial "ourt# the re<uisite nu%ber of plain copies thereof an& of the plea&in's an& other %aterial portions of the recor& as (oul& support the alle'ations of the petition. +he petitioner shall also sub%it to'ether (ith the petition a certification un&er oath that he has not theretofore co%%ence& any other action involvin' the sa%e issues in the $upre%e "ourt# the "ourt of Appeals or &ifferent &ivisions thereof# or any other tribunal or a'ency5 if there is such other action or procee&in'# he %ust state the status of the sa%e5 an& if he shoul& thereafter learn that a si%ilar action or procee&in' has been file& or is pen&in' before the $upre%e "ourt# the "ourt of Appeals# or &ifferent &ivisions thereof# or any other tribunal or a'ency# he un&ertakes to pro%ptly infor% the aforesai& courts an& other tribunal or a'ency thereof (ithin five (5) &ays therefro%. (n) Se*t)o% -+ 0ffe&t of failure to &omply %ith re:uirements. � +he failure of the petitioner to co%ply (ith any of the fore'oin' re<uire%ents re'ar&in' the pay%ent of the &ocket an& other la(ful fees# the &eposit for costs# proof of service of the petition# an& the contents of an& the &ocu%ents (hich shoul& acco%pany the petition shall be sufficient 'roun& for the &is%issal thereof. (n) Se*t)o% .+ A&tion on the petition. � +he "ourt of Appeals %ay re<uire the respon&ent to file a co%%ent on the petition# not a %otion to &is%iss# (ithin ten (-0) &ays fro% notice# or &is%iss the petition if it fin&s the sa%e to be patently (ithout %erit# prosecute& %anifestly for &elay# or that the <uestions raise& therein are too insubstantial to re<uire consi&eration. (n) Se*t)o% /+ Contents of &omment. � +he co%%ent of the respon&ent shall be file& in seven (=) le'ible copies# acco%panie& by certifie& true copies of such %aterial portions of the recor& referre& to therein to'ether (ith other supportin' papers an& shall (a) state (hether or not he accepts the state%ent of %atters involve& in the petition5 (b) point out such insufficiencies or inaccuracies as he believes e.ist in petitionerDs state%ent of %atters involve& but (ithout repetition5 an& (c) state the reasons (hy the petition shoul& not be 'iven &ue course. A copy thereof shall be serve& on the petitioner. (a) Se*t)o% 0+ 1ue &ourse. � !f upon the filin' of the co%%ent or such other plea&in's as the court %ay allo( or re<uire# or after the e.piration of the perio& for the filin' thereof (ithout such co%%ent or plea&in' havin' been sub%itte&# the "ourt of Appeals fin&s prima fa&ie that the lo(er

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court has co%%itte& an error of fact or la( that (ill (arrant a reversal or %o&ification of the appeale& &ecision# it %ay accor&in'ly 'ive &ue course to the petition. (n) Se*t)o% 7+ 0le(ation of re&ord. � 6henever the "ourt of Appeals &ee%s it necessary# it %ay or&er the clerk of court of the ,e'ional +rial "ourt to elevate the ori'inal recor& of the case inclu&in' the oral an& &ocu%entary evi&ence (ithin fifteen (-5) &ays fro% notice. (n) Se*t)o% 3+ Perfe&tion of appeal5 effe&t thereof. � (a) :pon the ti%ely filin' of a petition for revie( an& the pay%ent of the correspon&in' &ocket an& other la(ful fees# the appeal is &ee%e& perfecte& as to the petitioner. +he ,e'ional +rial "ourt loses /uris&iction over the case upon the perfection of the appeals file& in &ue ti%e an& the e.piration of the ti%e to appeal of the other parties. ;o(ever# before the "ourt of Appeals 'ives &ue course to the petition# the ,e'ional +rial "ourt %ay issue or&ers for the protection an& preservation of the ri'hts of the parties (hich &o not involve any %atter liti'ate& by the appeal# approve co%pro%ises# per%it appeals of in&i'ent liti'ants# or&er e.ecution pen&in' appeal in accor&ance (ith section 2 of ,ule 2># an& allo( (ith&ra(al of the appeal. (>a# ,1-) (b) 4.cept in civil cases &eci&e& un&er the ,ule on $u%%ary Proce&ure# the appeal shall stay the /u&'%ent or final or&er unless the "ourt of Appeals# the la(# or these ,ules shall provi&e other(ise. (a) Se*t)o% 9+ Su'mission for de&ision. � !f the petition is 'iven &ue course# the "ourt of Appeals %ay set the case for oral ar'u%ent or re<uire the parties to sub%it %e%oran&a (ithin a perio& of fifteen (-5) &ays fro% notice. +he case shall be &ee%e& sub%itte& for &ecision upon the filin' of the last plea&in' or %e%oran&u% re<uire& by these ,ules or by the court itself. (n)

RULE .A99e&'s Fro5 the Court of T&= A99e&'s &%1 ?u&s) "u1)*)&' A6e%*)es to the Court of A99e&'s Se*t)o% 1+ S&ope. � +his ,ule shall apply to appeals fro% /u&'%ents or final or&ers of the "ourt of +a. Appeals an& fro% a(ar&s# /u&'%ents# final or&ers or resolutions of or authori0e& by any <uasi9 /u&icial a'ency in the e.ercise of its <uasi9/u&icial functions. A%on' these a'encies are the "ivil $ervice "o%%ission# "entral )oar& of Assess%ent Appeals# $ecurities an& 4.chan'e "o%%ission# 7ffice of the Presi&ent# Fan& ,e'istration Authority# $ocial $ecurity "o%%ission# "ivil Aeronautics )oar&# )ureau of Patents# +ra&e%arks an& +echnolo'y +ransfer# ?ational 4lectrification A&%inistration# 4ner'y ,e'ulatory )oar&# ?ational +eleco%%unications "o%%ission# Eepart%ent of A'rarian ,efor% un&er ,epublic Act ?o. 335=# Aovern%ent $ervice !nsurance $yste%# 4%ployees "o%pensation "o%%ission# A'ricultural !nvention )oar&# !nsurance "o%%ission# Philippine Ato%ic 4ner'y "o%%ission# )oar& of !nvest%ents# "onstruction !n&ustry Arbitration "o%%ission# an& voluntary arbitrators authori0e& by la(. (n) Se*t)o% ,+ Cases not &o(ered. � +his ,ule shall not apply to /u&'%ents or final or&ers issue& un&er the Fabor "o&e of the Philippines. (n) Se*t)o% -+ ,here to appeal. � An appeal un&er this ,ule %ay be taken to the "ourt of Appeals (ithin the perio& an& in the %anner herein provi&e&# (hether the appeal involves <uestions of fact# of la(# or %i.e& <uestions of fact an& la(. (n)

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Se*t)o% .+ Period of appeal. � +he appeal shall be taken (ithin fifteen (-5) &ays fro% notice of the a(ar&# /u&'%ent# final or&er or resolution# or fro% the &ate of its last publication# if publication is re<uire& by la( for its effectivity# or of the &enial of petitionerDs %otion for ne( trial or reconsi&eration &uly file& in accor&ance (ith the 'overnin' la( of the court or a'ency a :uo. 7nly one (-) %otion for reconsi&eration shall be allo(e&. :pon proper %otion an& the pay%ent of the full a%ount of the &ocket fee before the e.piration of the re'le%entary perio&# the "ourt of Appeals %ay 'rant an a&&itional perio& of fifteen (-5) &ays only (ithin (hich to file the petition for revie(. ?o further e.tension shall be 'rante& e.cept for the %ost co%pellin' reason an& in no case to e.cee& fifteen (-5) &ays. (n) Se*t)o% /+ 7o% appeal ta/en. � Appeal shall be taken by filin' a verifie& petition for revie( in seven (=) le'ible copies (ith the "ourt of Appeals# (ith proof of service of a copy thereof on the a&verse party an& on the court or a'ency a :uo. +he ori'inal copy of the petition inten&e& for the "ourt of Appeals shall be in&icate& as such by the petitioner. :pon the filin' of the petition# the petitioner shall pay to the clerk of court of the "ourt of Appeals the &ocketin' an& other la(ful fees an& &eposit the su% of P500.00 for costs. 4.e%ption fro% pay%ent of &ocketin' an& other la(ful fees an& the &eposit for costs %ay be 'rante& by the "ourt of Appeals upon a verifie& %otion settin' forth vali& 'roun&s therefor. !f the "ourt of Appeals &enies the %otion# the petitioner shall pay the &ocketin' an& other la(ful fees an& &eposit for costs (ithin fifteen (-5) &ays fro% notice of the &enial. (n) Se*t)o% 0+ Contents of the petition. � +he petition for revie( shall (a) state the full na%es of the parties to the case# (ithout i%plea&in' the court or a'encies either as petitioners or respon&ents5 (b) contain a concise state%ent of the facts an& issues involve& an& the 'roun&s relie& upon for the revie(5 (c) be acco%panie& by a clearly le'ible &uplicate ori'inal or a certifie& true copy of the a(ar&# /u&'%ent# final or&er or resolution appeale& fro%# to'ether (ith certifie& true copies of such %aterial portions of the recor& referre& to therein an& other supportin' papers5 an& (&) contain a s(orn certification a'ainst foru% shoppin' as provi&e& in the last para'raph of section 2# ,ule 12. +he petition shall state the specific %aterial &ates sho(in' that it (as file& (ithin the perio& fi.e& herein. (2a) Se*t)o% 7+ 0ffe&t of failure to &omply %ith re:uirements. � +he failure of the petitioner to co%ply (ith any of the fore'oin' re<uire%ents re'ar&in' the pay%ent of the &ocket an& other la(ful fees# the &eposit for costs# proof of service of the petition# an& the contents of an& the &ocu%ents (hich shoul& acco%pany the petition shall be sufficient 'roun& for the &is%issal thereof. (n) Se*t)o% 3+ A&tion on the petition. � +he "ourt of Appeals %ay re<uire the respon&ent to file a co%%ent on the petition not a %otion to &is%iss# (ithin ten (-0) &ays fro% notice# or &is%iss the petition if it fin&s the sa%e to be patently (ithout %erit# prosecute& %anifestly for &elay# or that the <uestions raise& therein are too unsubstantial to re<uire consi&eration. (3a) Se*t)o% 9+ Contents of &omment. � +he co%%ent shall be file& (ithin ten (-0) &ays fro% notice in seven (=) le'ible copies an& acco%panie& by clearly le'ible certifie& true copies of such %aterial portions of the recor& referre& to therein to'ether (ith other supportin' papers. +he co%%ent shall (a) point out insufficiencies or inaccuracies in petitionerDs state%ent of facts an& issues5 an& (b) state the reasons (hy the petition shoul& be &enie& or &is%isse&. A copy thereof shall be serve& on the petitioner# an& proof of such service shall be file& (ith the "ourt of Appeals. (>a) Se*t)o% 14+ 1ue &ourse. � !f upon the filin' of the co%%ent or such other plea&in's or &ocu%ents as %ay be re<uire& or allo(e& by the "ourt of Appeals or upon the e.piration of the perio& for the filin' thereof# an& on the recor&s the "ourt of Appeals fin&s prima fa&ie that the court or a'ency concerne& has co%%itte& errors of fact or la( that (oul& (arrant reversal or %o&ification of the a(ar&# /u&'%ent# final or&er or resolution sou'ht to be revie(e&# it %ay 'ive &ue course to the

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petition5 other(ise# it shall &is%iss the sa%e. +he fin&in's of fact of the court or a'ency concerne&# (hen supporte& by substantial evi&ence# shall be bin&in' on the "ourt of Appeals. (n) Se*t)o% 11+ #ransmittal of re&ord. � 6ithin fifteen (-5) &ays fro% notice that the petition has been 'iven &ue course# the "ourt of Appeals %ay re<uire the court or a'ency concerne& to trans%it the ori'inal or a le'ible certifie& true copy of the entire recor& of the procee&in' un&er revie(. +he recor& to be trans%itte& %ay be abri&'e& by a'ree%ent of all parties to the procee&in'. +he "ourt of Appeals %ay re<uire or per%it subse<uent correction of or a&&ition to the recor&. (8a) Se*t)o% 1,+ 0ffe&t of appeal. � +he appeal shall not stay the a(ar&# /u&'%ent# final or&er or resolution sou'ht to be revie(e& unless the "ourt of Appeals shall &irect other(ise upon such ter%s as it %ay &ee% /ust. (-0a) Se*t)o% 1-+ Su'mission for de&ision. � !f the petition is 'iven &ue course# the "ourt of Appeals %ay set the case for oral ar'u%ent or re<uire the parties to sub%it %e%oran&a (ithin a perio& of fifteen (-5) &ays fro% notice. +he case shall be &ee%e& sub%itte& for &ecision upon the filin' of the last plea&in' or %e%oran&u% re<uire& by these ,ules or by the court of Appeals. (n)

Proce&ure in the "ourt of Appeals

RULE .. Or1)%&r2 A99e&'e1 C&ses Se*t)o% 1+ #itle of &ases. � !n all cases appeale& to the "ourt of Appeals un&er ,ule 1-# the title of the case shall re%ain as it (as in the court of ori'in# but the party appealin' the case shall be further referre& to as the appellant an& the a&verse party as the appellee. (-a# ,13) Se*t)o% ,+ Counsel and guardians. � +he counsel an& 'uar&ians ad litem of the parties in the court of ori'in shall be respectively consi&ere& as their counsel an& 'uar&ians ad litem in the "ourt of Appeals. 6hen others appear or are appointe&# notice thereof shall be serve& i%%e&iately on the a&verse party an& file& (ith the court. (2a# ,13) Se*t)o% -+ )rder of transmittal of re&ord. � !f the ori'inal recor& or the recor& on appeal is not trans%itte& to the "ourt of Appeals (ithin thirty (20) &ays after the perfection of the appeal# either party %ay file a %otion (ith the trial court# (ith notice to the other# for the trans%ittal of such recor& or recor& on appeal. (2a# ,13) Se*t)o% .+ 1o&/eting of &ase. � :pon receivin' the ori'inal recor& or the recor& on appeal an& the acco%panyin' &ocu%ents an& e.hibits trans%itte& by the lo(er court# as (ell as the proof of pay%ent of the &ocket an& other la(ful fees# the clerk of court of the "ourt of Appeals shall &ocket the case an& notify the parties thereof. (1a# ,13) 6ithin ten (-0) &ays fro% receipt of sai& notice# the appellant# in appeals by recor& on appeal# shall file (ith the clerk of court seven (=) clearly le'ible copies of the approve& recor& on appeal# to'ether (ith the proof of service of t(o (2) copies thereof upon the appellee. Any unauthori0e& alteration# o%ission or a&&ition in the approve& recor& on appeal shall be a 'roun& for &is%issal of the appeal. (n)

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Se*t)o% /+ Completion of re&ord. � 6here the recor& of the &ockete& case is inco%plete# the clerk of court of the "ourt of Appeals shall so infor% sai& court an& reco%%en& to it %easures necessary to co%plete the recor&. !t shall be the &uty of sai& court to take appropriate action to(ar&s the co%pletion of the recor& (ithin the shortest possible ti%e. (n) Se*t)o% 0+ 1ispensing %ith &omplete re&ord. � 6here the co%pletion of the recor& coul& not be acco%plishe& (ithin a sufficient perio& allotte& for sai& purpose &ue to insuperable or e.tre%ely &ifficult causes# the court# on its o(n %otion or on %otion of any of the parties# %ay &eclare that the recor& an& its acco%panyin' transcripts an& e.hibits so far available are sufficient to &eci&e the issues raise& in the appeal# an& shall issue an or&er e.plainin' the reasons for such &eclaration. (n) Se*t)o% 7+ Appellant>s 'rief. � !t shall be the &uty of the appellant to file (ith the court# (ithin forty9five (15) &ays fro% receipt of the notice of the clerk that all the evi&ence# oral an& &ocu%entary# are attache& to the recor&# seven (=) copies of his le'ibly type(ritten# %i%eo'raphe& or printe& brief# (ith proof of service of t(o (2) copies thereof upon the appellee. (-0a# ,13) Se*t)o% 3+ Appellee>s 'rief. � 6ithin forty9five (15) &ays fro% receipt of the appellantDs brief# the appellee shall file (ith the court seven (=) copies of his le'ibly type(ritten# %i%eo'raphe& or printe& brief# (ith proof of service of t(o (2) copies thereof upon the appellant. (--a# ,13) Se*t)o% 9+ Appellant>s reply 'rief. � 6ithin t(enty (20) &ays fro% receipt of the appelleeDs brief# the appellant %ay file a reply brief ans(erin' points in the appelleeDs brief not covere& in his %ain brief. (-2a# ,13) Se*t)o% 14+ #ime of filing memoranda in spe&ial &ases. � !n &ertiorari# prohibition# %an&a%us# :uo %arranto an& ha'eas &orpus cases# the parties shall file in lieu of briefs# their respective %e%oran&a (ithin a non9e.ten&ible perio& of thirty (20) &ays fro% receipt of the notice issue& by the clerk that all the evi&ence# oral an& &ocu%entary# is alrea&y attache& to the recor&. (-2a# ,13) +he failure of the appellant to file his %e%oran&u% (ithin the perio& therefor %ay be a 'roun& for &is%issal of the appeal. (n) Se*t)o% 11+ Se(eral appellants or appellees or se(eral &ounsel for ea&h party . � 6here there are several appellants or appellees# each counsel representin' one or %ore but not all of the% shall be serve& (ith only one copy of the briefs. 6hen several counsel represent one appellant or appellee# copies of the brief %ay be serve& upon any of the%. (-1a# ,13) Se*t)o% 1,+ 02tension of time for filing 'riefs. � 4.tension of ti%e for the filin' of briefs (ill not be allo(e&# e.cept for 'oo& an& sufficient cause# an& only if the %otion for e.tension is file& before the e.piration of the ti%e sou'ht to be e.ten&e&. (-5# ,13) Se*t)o% 1-+ Contents of appellant>s 'rief. � +he appellantDs brief shall contain# in the or&er herein in&icate&# the follo(in'* (a) A sub/ect in&e. of the %atter in the brief (ith a &i'est of the ar'u%ents an& pa'e references# an& a table of cases alphabetically arran'e&# te.tbooks an& statutes cite& (ith references to the pa'es (here they are cite&5 (b) An assi'n%ent of errors inten&e& to be ur'e&# (hich errors shall be separately# &istinctly an& concisely state& (ithout repetition an& nu%bere& consecutively5 (c) :n&er the hea&in' 8$tate%ent of the "ase#8 a clear an& concise state%ent of the nature of the action# a su%%ary of the procee&in's# the appeale& rulin's an& or&ers of the court# the

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nature of the /u&'%ent an& any other %atters necessary to an un&erstan&in' of the nature of the controversy (ith pa'e references to the recor&5 (&) :n&er the hea&in' 8$tate%ent of @acts#8 a clear an& concise state%ent in a narrative for% of the facts a&%itte& by both parties an& of those in controversy# to'ether (ith the substance of the proof relatin' thereto in sufficient &etail to %ake it clearly intelli'ible# (ith pa'e references to the recor&5 (e) A clear an& concise state%ent of the issues of fact or la( to be sub%itte&# to the court for its /u&'%ent5 (f) :n&er the hea&in' 8Ar'u%ent#8 the appellantDs ar'u%ents on each assi'n%ent of error (ith pa'e references to the recor&. +he authorities relie& upon shall be cite& by the pa'e of the report at (hich the case be'ins an& the pa'e of the report on (hich the citation is foun&5 (') :n&er the hea&in' 8,elief#8 a specification of the or&er or /u&'%ent (hich the appellant seeks5 an& (h) !n cases not brou'ht up by recor& on appeal# the appellantDs brief shall contain# as an appen&i.# a copy of the /u&'%ent or final or&er appeale& fro%. (-3a# ,13) Se*t)o% 1.+ Contents of appellee>s 'rief. � +he appelleeDs brief shall contain# in the or&er herein in&icate& the follo(in'* (a) A sub/ect in&e. of the %atter in the brief (ith a &i'est of the ar'u%ents an& pa'e references# an& a table of cases alphabetically arran'e&# te.tbooks an& statutes cite& (ith references to the pa'es (here they are cite&5 (b) :n&er the hea&in' 8$tate%ent of @acts#8 the appellee shall state that he accepts the state%ent of facts in the appellantDs brief# or un&er the hea&in' 8"ounter9$tate%ent of @acts#8 he shall point out such insufficiencies or inaccuracies as he believes e.ist in the appellantDs state%ent of facts (ith references to the pa'es of the recor& in support thereof# but (ithout repetition of %atters in the appellantDs state%ent of facts5 an& (c) :n&er the hea&in' 8Ar'u%ent#8 the appellee shall set forth his ar'u%ents in the case on each assi'n%ent of error (ith pa'e references to the recor&. +he authorities relie& on shall be cite& by the pa'e of the report at (hich the case be'ins an& the pa'e of the report on (hich the citation is foun&. (-=a# ,13) Se*t)o% 1/+ <uestions that may 'e raised on appeal. � 6hether or not the appellant has file& a %otion for ne( trial in the court belo( he %ay inclu&e in his assi'n%ent of errors any <uestion of la( or fact that has been raise& in the court belo( an& (hich is (ithin the issues fra%e& by the parties. (-8# ,13)

RULE ./ A99e&' <2 Certiorari to the Su9re5e Court Se*t)o% 1+ 8iling of petition %ith Supreme Court. � A party &esirin' to appeal by &ertiorari fro% a /u&'%ent or final or&er or resolution of the "ourt of Appeals# the $an&i'anbayan# the ,e'ional +rial "ourt or other courts (henever authori0e& by la(# %ay file (ith the $upre%e "ourt a verifie&

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petition for revie( on &ertiorari. +he petition shall raise only <uestions of la( (hich %ust be &istinctly set forth. (-a# 2a) Se*t)o% ,+ #ime for filing5 e2tension. � +he petition shall be file& (ithin fifteen (-5) &ays fro% notice of the /u&'%ent or final or&er or resolution appeale& fro%# or of the &enial of the petitionerDs %otion for ne( trial or reconsi&eration file& in &ue ti%e after notice of the /u&'%ent. 7n %otion &uly file& an& serve&# (ith full pay%ent of the &ocket an& other la(ful fees an& the &eposit for costs before the e.piration of the re'le%entary perio&# the $upre%e "ourt %ay for /ustifiable reasons 'rant an e.tension of thirty (20) &ays only (ithin (hich to file the petition. (-a# 5a) Se*t)o% -+ 1o&/et and other la%ful fees5 proof of ser(i&e of petition. � :nless he has theretofore &one so# the petitioner shall pay the correspon&in' &ocket an& other la(ful fees to the clerk of court of the $upre%e "ourt an& &eposit the a%ount of P500.00 for costs at the ti%e of the filin' of the petition. Proof of service of a copy# thereof on the lo(er court concerne& an& on the a&verse party shall be sub%itte& to'ether (ith the petition. (-a) Se*t)o% .+ Contents of petition. � +he petition shall be file& in ei'hteen (-8) copies# (ith the ori'inal copy inten&e& for the court bein' in&icate& as such by the petitioner an& shall (a) state the full na%e of the appealin' party as the petitioner an& the a&verse party as respon&ent# (ithout i%plea&in' the lo(er courts or /u&'es thereof either as petitioners or respon&ents5 (b) in&icate the %aterial &ates sho(in' (hen notice of the /u&'%ent or final or&er or resolution sub/ect thereof (as receive&# (hen a %otion for ne( trial or reconsi&eration# if any# (as file& an& (hen notice of the &enial thereof (as receive&5 (c) set forth concisely a state%ent of the %atters involve&# an& the reasons or ar'u%ents relie& on for the allo(ance of the petition5 (&) be acco%panie& by a clearly le'ible &uplicate ori'inal# or a certifie& true copy of the /u&'%ent or final or&er or resolution certifie& by the clerk of court of the court a :uo an& the re<uisite nu%ber of plain copies thereof# an& such %aterial portions of the recor& as (oul& support the petition5 an& (e) contain a s(orn certification a'ainst foru% shoppin' as provi&e& in the last para'raph of section 2# ,ule 12. (2a) Se*t)o% /+ 1ismissal or denial of petition. � +he failure of the petitioner to co%ply (ith any of the fore'oin' re<uire%ents re'ar&in' the pay%ent of the &ocket an& other la(ful fees# &eposit for costs# proof of service of the petition# an& the contents of an& the &ocu%ents (hich shoul& acco%pany the petition shall be sufficient 'roun& for the &is%issal thereof. +he $upre%e "ourt %ay on its o(n initiative &eny the petition on the 'roun& that the appeal is (ithout %erit# or is prosecute& %anifestly for &elay# or that the <uestions raise& therein are too unsubstantial to re<uire consi&eration. (2a) Se*t)o% 0+ Re(ie% dis&retionary. � A revie( is not a %atter of ri'ht# but of soun& /u&icial &iscretion# an& (ill be 'rante& only (hen there are special an& i%portant reasons thereof. +he follo(in'# (hile neither controllin' nor fully %easurin' the courtDs &iscretion# in&icate the character of the reasons (hich (ill be consi&ere&* (a) 6hen the court a :uo has &eci&e& a <uestion of substance# not theretofore &eter%ine& by the $upre%e "ourt# or has &eci&e& it in a (ay probably not in accor& (ith la( or (ith the applicable &ecisions of the $upre%e "ourt5 or (b) 6hen the court a :uo has so far &eparte& fro% the accepte& an& usual course of /u&icial procee&in's# or so far sanctione& such &eparture by a lo(er court# as to call for an e.ercise of the po(er of supervision. (1a) Se*t)o% 7+ Pleadings and do&uments that may 'e re:uired5 san&tions. � @or purposes of &eter%inin' (hether the petition shoul& be &is%isse& or &enie& pursuant to section 5 of this ,ule# or (here the petition is 'iven &ue course un&er section 8 hereof# the $upre%e "ourt %ay re<uire or

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allo( the filin' of such plea&in's# briefs# %e%oran&a or &ocu%ents as it %ay &ee% necessary (ithin such perio&s an& un&er such con&itions as it %ay consi&er appropriate# an& i%pose the correspon&in' sanctions in case of non9filin' or unauthori0e& filin' of such plea&in's an& &ocu%ents or non9co%pliance (ith the con&itions therefor. (n) Se*t)o% 3+ 1ue &ourse5 ele(ation of re&ords. � !f the petition is 'iven &ue course# the $upre%e "ourt %ay re<uire the elevation of the co%plete recor& of the case or specifie& parts thereof (ithin fifteen (-5) &ays fro% notice. (2a) Se*t)o% 9+ Rule appli&a'le to 'oth &i(il and &riminal &ases. � +he %o&e of appeal prescribe& in this ,ule shall be applicable to both civil an& cri%inal cases# e.cept in cri%inal cases (here the penalty i%pose& is &eath# re&lusion perpetua or life i%prison%ent. (n)

RULE .0 Or)6)%&' C&ses Se*t)o% 1+ #itle of &ases. � !n all cases ori'inally file& in the "ourt of Appeals# the party institutin' the action shall be calle& the petitioner an& the opposin' party the respon&ent. (-a) Se*t)o% ,+ #o %hat a&tions appli&a'le. � +his ,ule shall apply to ori'inal actions for &ertiorari# prohibition# %an&a%us an& :uo %arranto. 4.cept as other(ise provi&e&# the actions for annul%ent of /u&'%ent shall be 'overne& by ,ule 1=# for &ertiorari# prohibition an& %an&a%us by ,ule 35# an& for :uo %arranto by ,ule 33. (n) Se*t)o% -+ Contents and filing of petition5 effe&t of non&omplian&e %ith re:uirements. � +he petition shall contain the full na%es an& actual a&&resses of all the petitioners an& respon&ents# a concise state%ent of the %atters involve&# the factual back'roun& of the case# an& the 'roun&s relie& upon for the relief praye& for. !n actions file& un&er ,ule 35# the petition shall further in&icate the %aterial &ates sho(in' (hen notice of the /u&'%ent or final or&er or resolution sub/ect thereof (as receive&# (hen a %otion for ne( trial or reconsi&eration# if any# (as file& an& (hen notice of the &enial thereof (as receive&. !t shall be file& in seven (=) clearly le'ible copies to'ether (ith proof of service thereof on the respon&ent (ith the ori'inal copy inten&e& for the court in&icate& as such by the petitioner# an& shall be acco%panie& by a clearly le'ible &uplicate ori'inal or certifie& true copy of the /u&'%ent# or&er# resolution# or rulin' sub/ect thereof# such %aterial portions of the recor& as are referre& to therein# an& other &ocu%ents relevant or pertinent thereto. +he certification shall be acco%plishe& by the proper clerk of court or by his &uly authori0e& representative# or by the proper officer of the court# tribunal# a'ency or office involve& or by his &uly authori0e& representative. +he other re<uisite nu%ber of copies of the petition shall be acco%panie& by clearly le'ible plain copies of all &ocu%ents attache& to the ori'inal. +he petitioner shall also sub%it to'ether (ith the petition a s(orn certification that he has not theretofore co%%ence& any other action involvin' the sa%e issues in the $upre%e "ourt# the "ourt of Appeals or &ifferent &ivisions thereof# or any other tribunal or a'ency5 if there is such other action or procee&in'# he %ust state the status of the sa%e5 an& if he shoul& thereafter learn that a si%ilar action or procee&in' has been file& or is pen&in' before the $upre%e "ourt# the "ourt of Appeals# or &ifferent &ivisions thereof# or any other tribunal or a'ency# he un&ertakes to pro%ptly infor% the aforesai& courts an& other tribunal or a'ency thereof (ithin five (5) &ays therefro%.

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+he petitioner shall pay the correspon&in' &ocket an& other la(ful fees to the clerk of court an& &eposit the a%ount of P500.00 for costs at the ti%e of the filin' of the petition. +he failure of the petitioner to co%ply any of the re<uire%ents shall be sufficient 'roun& for the &is%issal of the petition. (n5 )ar Matter ?o. 802# 2- July ->>8) Se*t)o% .+ *urisdi&tion o(er person of respondent# ho% a&:uired. � +he court shall ac<uire /uris&iction over the person of the respon&ent by the service on hi% of its or&er or resolution in&icatin' its initial action on the petition or by his voluntary sub%ission to such /uris&iction. (n) Se*t)o% /+ A&tion 'y the &ourt. � +he court %ay &is%iss the petition outri'ht (ith specific reasons for such &is%issal or re<uire the respon&ent to file a co%%ent on the sa%e (ithin ten (-0) &ays fro% notice. 7nly plea&in's re<uire& by the court shall be allo(e&. All other plea&in's an& papers# %ay be file& only (ith leave of court. (n) Se*t)o% 0+ 1etermination of fa&tual issues. � 6henever necessary to resolve factual issues# the court itself %ay con&uct hearin's thereon or &ele'ate the reception of the evi&ence on such issue to any of its %e%bers or to an appropriate court# a'ency or office. (n) Se*t)o% 7+ 0ffe&t of failure to file &omment . � 6hen no co%%ent is file& by any of the respon&ents# the case %ay be &eci&e& on the basis of the recor&# (ithout pre/u&ice to any &isciplinary action (hich the court %ay take a'ainst the &isobe&ient party. (n)

RULE .7 A%%u'5e%t of "u165e%ts of F)%&' Or1ers &%1 Reso'ut)o%s Se*t)o% 1+ Co(erage. � +his ,ule shall 'overn the annul%ent by the "ourt of Appeals of /u&'%ents or final or&ers an& resolutions in civil actions of ,e'ional +rial "ourts for (hich the or&inary re%e&ies of ne( trial# appeal# petition for relief or other appropriate re%e&ies are no lon'er available throu'h no fault of the petitioner. (n) Se*t)o% ,+ 3rounds for annulment. � +he annul%ent %ay be base& only on the 'roun&s of e.trinsic frau& an& lack of /uris&iction. 4.trinsic frau& shall not be a vali& 'roun& if it (as availe& of# or coul& have been availe& of# in a %otion for ne( trial or petition for relief. (n) Se*t)o% -+ Period for filing a&tion. � !f base& on e.trinsic frau&# the action %ust be file& (ithin four (1) years fro% its &iscovery5 an& if base& on lack of /uris&iction# before it is barre& by laches or estoppel. (n) Se*t)o% .+ 8iling and &ontents of petition. � +he action shall be co%%ence& by filin' a verifie& petition alle'in' therein (ith particularity the facts an& the la( relie& upon for annul%ent# as (ell as those supportin' the petitionerDs 'oo& an& substantial cause of action or &efense# as the case %ay be. +he petition shall be file& in seven (=) clearly le'ible copies# to'ether (ith sufficient copies correspon&in' to the nu%ber of respon&ents. A certifie& true copy of the /u&'%ent or final or&er or resolution shall be attache& to the ori'inal copy of the petition inten&e& for the court an& in&icate& as such by the petitioner.

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+he petitioner shall also sub%it to'ether (ith the petition affi&avits of (itnesses or &ocu%ents supportin' the cause of action or &efense an& a s(orn certification that he has not theretofore co%%ence& any other action involvin' the sa%e issues in the $upre%e "ourt# the "ourt of Appeals or &ifferent &ivisions thereof# or any other tribunal or a'ency if there is such other action or procee&in'# he %ust state the status of the sa%e# an& if he shoul& thereafter learn that a si%ilar action or procee&in' has been file& or is pen&in' before the $upre%e "ourt# the "ourt of Appeals# or &ifferent &ivisions thereof# or any other tribunal or a'ency# he un&ertakes to pro%ptly infor% the aforesai& courts an& other tribunal or a'ency thereof (ithin five (5) &ays therefro%. (n) Se*t)o% /+ A&tion 'y the &ourt. � $houl& the court fin& no substantial %erit in the petition# the sa%e %ay be &is%isse& outri'ht (ith specific reasons for such &is%issal. $houl& prima fa&ie %erit be foun& in the petition# the sa%e shall be 'iven &ue course an& su%%ons shall be serve& on the respon&ent. (n) Se*t)o% 0+ Pro&edure. � +he proce&ure in or&inary civil cases shall be observe&. $houl& trial be necessary# the reception of the evi&ence %ay be referre& to a %e%ber of the court or a /u&'e of a ,e'ional +rial "ourt. (n) Se*t)o% 7+ 0ffe&t of +udgment. � A /u&'%ent of annul%ent shall set asi&e the <uestione& /u&'%ent or final or&er or resolution an& ren&er the sa%e null an& voi&# (ithout pre/u&ice to the ori'inal action bein' refile& in the proper court. ;o(ever# (here the /u&'%ent or final or&er or resolution is set asi&e on the 'roun& of e.trinsic frau&# the court %ay on %otion or&er the trial court to try the case as if a ti%ely %otion for ne( trial ha& been 'rante& therein. (n) Se*t)o% 3+ Suspension pres&ripti(e period. � +he prescriptive perio& for the refilin' of the aforesai& ori'inal action shall be &ee%e& suspen&e& fro% the filin' of such ori'inal action until the finality of the /u&'%ent of annul%ent. ;o(ever# the prescriptive perio& shall not be suspen&e& (here the e.trinsic9frau& is attributable to the plaintiff in the ori'inal action. (n) Se*t)o% 9+ Relief a(aila'le. � +he /u&'%ent of annul%ent %ay inclu&e the a(ar& of &a%a'es# attorneyDs fees an& other relief. !f the <uestione& /u&'%ent or final or&er or resolution ha& alrea&y been e.ecute& the court %ay issue such or&ers of restitution or other relief as /ustice an& e<uity %ay (arrant un&er the circu%stances. (n) Se*t)o% 14+ Annulment of +udgments or final orders of Muni&ipal #rial Courts. � An action to annul a /u&'%ent or final or&er of a Municipal +rial "ourt shall be file& in the ,e'ional +rial "ourt havin' /uris&iction over the for%er. !t shall be treate& as an or&inary civil action an& sections 2# 2# 1# =# 8 an& > of this ,ule shall be applicable thereto. (n)

RULE .3 Pre')5)%&r2 Co%fere%*e Se*t)o% 1+ Preliminary &onferen&e. � At any ti%e &urin' the pen&ency of a case# the court %ay call the parties an& their counsel to a preli%inary conference. (a) +o consi&er the possibility of an a%icable settle%ent# e.cept (hen the case is not allo(e& by la( to be co%pro%ise&

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(b) +o &efine# si%plify an& clarify the issues for &eter%ination5 (c) +o for%ulate stipulations of facts an& a&%issions of &ocu%entary e.hibits# li%it the nu%ber of (itnesses to be presente& in cases fallin' (ithin the ori'inal /uris&iction of the court# or those (ithin its appellate /uris&iction (here a %otion for ne( trial is 'rante& on the 'roun& of ne(ly &iscovere& evi&ence5 an& (&) +o take up such other %atters (hich %ay ai& the court in the pro%pt &isposition of the case. (,ule =# "A !nternal ,ules) (n) Se*t)o% ,+ Re&ord of the &onferen&e. � +he procee&in's at such conference shall be recor&e& an&# upon the conclusion thereof# a resolution shall be issue& e%bo&yin' all the actions taken therein# the stipulations an& a&%issions %a&e an& the issues &efine&. (n) Se*t)o% -+ Binding effe&t of the results of the &onferen&e. � $ub/ect to such %o&ifications (hich %ay be %a&e to prevent %anifest in/ustice# the resolution in the prece&in' section shall control the subse<uent procee&in's in the case unless# (ithin five (5) &ays fro% notice thereof# any party shall satisfactorily sho( vali& cause (hy the sa%e shoul& not be follo(e&. (n)

RULE .9 Or&' Ar6u5e%t Se*t)o% 1+ ,hen allo%ed. � At its o(n instance or upon %otion of a party# the court %ay hear the parties in oral ar'u%ent on the %erits of a case# or on any %aterial inci&ent in connection there(ith. (n) +he oral ar'u%ent shall be li%ite& to such %atters as the court %ay specify in its or&er or resolution. (-a# ,18) Se*t)o% ,+ Condu&t of oral argument. � :nless authori0e& by the court# only one counsel %ay ar'ue for a party. +he &uration allo(e& for each party# the se<uence of the ar'u%entation# an& all other relate& %atters shall be as &irecte& by the court. (n) Se*t)o% -+ No hearing or oral argument for motions. � Motions shall not be set for hearin' an&# unless the court other(ise &irects# no hearin' or oral ar'u%ent shall be allo(e& in support thereof. +he a&verse party %ay file ob/ections to the %otion (ithin five (5) &ays fro% service# upon the e.piration of (hich such %otion shall be &ee%e& sub%itte& for resolution. (2># ,1>)

RULE /4 D)s5)ss&' of A99e&' Se*t)o% 1+ 3rounds for dismissal of appeal. � An appeal %ay be &is%isse& by the "ourt of Appeals# on its o(n %otion or on that of the appellee# on the follo(in' 'roun&s* (a) @ailure of the recor& on appeal to sho( on its face that the appeal (as taken (ithin the perio& fi.e& by these ,ules5

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(b) @ailure to file the notice of appeal or the recor& on appeal (ithin the perio& prescribe& by these ,ules5 (c) @ailure of the appellant to pay the &ocket an& other la(ful fees as provi&e& in section 5# ,ule 10 an& section 1 of ,ule 1-5 ()ar Matter ?o. 802# -= @ebruary ->>8) (&) :nauthori0e& alterations# o%issions or a&&itions in the approve& recor& on appeal as provi&e& in section 1 of ,ule 115 (e) @ailure of the appellant to serve an& file the re<uire& nu%ber of copies of his brief or %e%oran&u% (ithin the ti%e provi&e& by these ,ules5 (f) Absence of specific assi'n%ent of errors in the appellantDs brief# or of pa'e references to the recor& as re<uire& in section -2# para'raphs (a)# (c)# (&) an& (f) of ,ule 115 (') @ailure of the appellant to take the necessary steps for the correction or co%pletion of the recor& (ithin the ti%e li%ite& by the court in its or&er5 (h) @ailure of the appellant to appear at the preli%inary conference un&er ,ule 18 or to co%ply (ith or&ers# circulars# or &irectives of the court (ithout /ustifiable cause5 an& (i) +he fact that the or&er or /u&'%ent appeale& fro% is not appealable. (-a) Se*t)o% ,+ 1ismissal of improper appeal to the Court of Appeals. � An appeal un&er ,ule 1- taken fro% the ,e'ional +rial "ourt to the "ourt of Appeals raisin' only <uestions of la( shall be &is%isse&# issues purely of la( not bein' revie(able by sai& court. $i%ilarly# an appeal by notice of appeal instea& of by petition for revie( fro% the appellate /u&'%ent of a ,e'ional +rial "ourt shall be &is%isse&. (n) An appeal erroneously taken to the "ourt of Appeals shall not be transferre& to the appropriate court but shall be &is%isse& outri'ht. (2a) Se*t)o% -+ ,ithdra%al of appeal. � An appeal %ay be (ith&ra(n as of ri'ht at any ti%e before the filin' of the appelleeDs brief. +hereafter# the (ith&ra(al %ay be allo(e& in the &iscretion of the court. (1a)

RULE /1 "u165e%t Se*t)o% 1+ ,hen &ase deemed su'mitted for +udgment. � A case shall be &ee%e& sub%itte& for /u&'%ent* A. !n or&inary appeals. � -) 6here no hearin' on the %erits of the %ain case is hel&# upon the filin' of the last plea&in'# brief# or %e%oran&u% re<uire& by the ,ules or by the court itself# or the e.piration of the perio& for its filin'.

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2) 6here such a hearin' is hel&# upon its ter%ination or upon the filin' of the last plea&in' or %e%oran&u% as %ay be re<uire& or per%itte& to be file& by the court# or the e.piration of the perio& for its filin'. ). !n ori'inal actions an& petitions for revie(. � -) 6here no co%%ent is file&# upon the e.piration of the perio& to co%%ent. 2) 6here no hearin' is hel&# upon the filin' of the last plea&in' re<uire& or per%itte& to be file& by the court# or the e.piration of the perio& for its filin'. 2) 6here a hearin' on the %erits of the %ain case is hel&# upon its ter%ination or upon the filin' of the last plea&in' or %e%oran&u% as %ay be re<uire& or per%itte& to be file& by the court# or the e.piration of the perio& for its filin'. (n) Se*t)o% ,+ By %hom rendered. � +he /u&'%ent shall be ren&ere& by the %e%bers of the court (ho participate& in the &eliberation on the %erits of the case before its assi'n%ent to a %e%ber for the (ritin' of the &ecision. (n) Se*t)o% -+ <uorum and (oting in the &ourt. � +he participation of all three Justices of a &ivision shall be necessary at the &eliberation an& the unani%ous vote of the three Justices shall be re<uire& for the pronounce%ent of a /u&'%ent or final resolution. !f the three /ustices &o not reach a unani%ous vote# the clerk shall enter the votes of the &issentin' Justices in the recor&. +hereafter# the "hair%an of the &ivision shall refer the case# to'ether (ith the %inutes of the &eliberation# to the Presi&in' Justice (ho shall &esi'nate t(o Justices chosen by raffle fro% a%on' all the other %e%bers of the court to sit te%porarily (ith the%# for%in' a special &ivision of five Justices. +he participation of all the five %e%bers of the special &ivision shall be necessary for the &eliberation re<uire& in section 2 of this ,ule an& the concurrence of a %a/ority of such &ivision shall be re<uire& for the pronounce%ent of a /u&'%ent or final resolution. (2a) Se*t)o% .+ 1isposition of a &ase. � +he "ourt of Appeals# in the e.ercise of its appellate /uris&iction# %ay affir%# reverse# or %o&ify the /u&'%ent or final or&er appeale& fro%# an& %ay &irect a ne( trial or further procee&in's to be ha&. (2a) Se*t)o% /+ 8orm of de&ision. � 4very &ecision or final resolution of the court in appeale& cases shall clearly an& &istinctly state the fin&in's of fact an& the conclusions of la( on (hich it is base&# (hich %ay be containe& in the &ecision or final resolution itself# or a&opte& fro% those set forth in the &ecision# or&er# or resolution appeale& fro%. ($ec. 10# )P )l'. -2>) (n) Se*t)o% 0+ 7armless error. � ?o error in either the a&%ission or the e.clusion of evi&ence an& no error or &efect in any rulin' or or&er or in anythin' &one or o%itte& by the trial court or by any of the parties is 'roun& for 'rantin' a ne( trial or for settin' asi&e# %o&ifyin'# or other(ise &isturbin' a /u&'%ent or or&er# unless refusal to take such action appears to the court inconsistent (ith substantial /ustice. +he court at every sta'e of the procee&in' %ust &isre'ar& any error or &efect (hich &oes not affect the substantial ri'hts of the parties. (5a) Se*t)o% 7+ *udgment %here there are se(eral parties. � !n all actions or procee&in's# an appeale& /u&'%ent %ay be affir%e& as to so%e of the appellants# an& reverse& as to others# an& the case shall thereafter be procee&e& (ith# so far as necessary# as if separate actions ha& been be'un an& prosecute&# an& e.ecution of the /u&'%ent of affir%ance %ay be ha& accor&in'ly# an& costs %ay be a&/u&'e& in such cases# as the court shall &ee% proper. (3) Se*t)o% 3+ <uestions that may 'e de&ided. � ?o error (hich &oes not affect the /uris&iction over the sub/ect %atter or the vali&ity of the /u&'%ent appeale& fro% or the procee&in's therein (ill be

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consi&ere& unless state& in the assi'n%ent of errors# or closely relate& to or &epen&ent on an assi'ne& error an& properly ar'ue& in the brief# save as the court %ay pass upon plain errors an& clerical errors. (=a) Se*t)o% 9+ Promulgation and noti&e of +udgment. � After the /u&'%ent or final resolution an& &issentin' or separate opinions# if any# are si'ne& by the Justices takin' part# they shall be &elivere& for filin' to the clerk (ho shall in&icate thereon the &ate of pro%ul'ation an& cause true copies thereof to be serve& upon the parties or their counsel. (n) Se*t)o% 14+ 0ntry of +udgments and final resolutions. � !f no appeal or %otion for ne( trial or reconsi&eration is file& (ithin the ti%e provi&e& in these ,ules# the /u&'%ent or final resolution shall forth(ith be entere& by the clerk in the book of entries of /u&'%ents. +he &ate (hen the /u&'%ent or final resolution beco%es e.ecutory shall be &ee%e& as the &ate of its entry. +he recor& shall contain the &ispositive part of the /u&'%ent or final resolution an& shall be si'ne& by the clerk# (ith a certificate that such /u&'%ent or final resolution has beco%e final an& e.ecutory. (2a# ,23) Se*t)o% 11+ 02e&ution of +udgment. � 4.cept (here the /u&'%ent or final or&er or resolution# or a portion thereof# is or&ere& to be i%%e&iately e.ecutory# the %otion for its e.ecution %ay only be file& in the proper court after its entry. !n ori'inal actions in the "ourt of Appeals# its (rit of e.ecution shall be acco%panie& by a certifie& true copy of the entry of /u&'%ent or final resolution an& a&&resse& to any appropriate officer for its enforce%ent. !n appeale& cases# (here the %otion for e.ecution pen&in' appeal is file& in the "ourt of Appeals at a ti%e that it is in possession of the ori'inal recor& or the recor& on appeal# the resolution 'rantin' such %otion shall be trans%itte& to the lo(er court fro% (hich the case ori'inate&# to'ether (ith a certifie& true copy of the /u&'%ent or final or&er to be e.ecute&# (ith a &irective for such court of ori'in to issue the proper (rit for its enforce%ent. (n)

RULE /, Mot)o% for Re*o%s)1er&t)o% Se*t)o% 1+ Period for filing. � A party %ay file a %otion for reconsi&eration of a /u&'%ent or final resolution (ithin fifteen (-5) &ays fro% notice thereof# (ith proof of service on the a&verse party. (n) Se*t)o% ,+ Se&ond motion for re&onsideration. � ?o secon& %otion for reconsi&eration of a /u&'%ent or final resolution by the sa%e party shall be entertaine&. (n) Se*t)o% -+ Resolution of motion. � !n the "ourt of Appeals# a %otion for reconsi&eration shall be resolve& (ithin ninety (>0) &ays fro% the &ate (hen the court &eclares it sub%itte& for resolution. (n) Se*t)o% .+ Stay of e2e&ution. � +he pen&ency of a %otion for reconsi&eration file& on ti%e an& by the proper party shall stay the e.ecution of the /u&'%ent or final resolution sou'ht to be reconsi&ere& unless the court# for 'oo& reasons# shall other(ise &irect. (n)

RULE /-

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Ne> Tr)&' Se*t)o% 1+ Period for filing5 ground. � At any ti%e after the appeal fro% the lo(er court has been perfecte& an& before the "ourt of Appeals loses /uris&iction over the case# a party %ay file a %otion for a ne( trial on the 'roun& of ne(ly &iscovere& evi&ence (hich coul& not have been &iscovere& prior to the trial in the court belo( by the e.ercise of &ue &ili'ence an& (hich is of such a character as (oul& probably chan'e the result. +he %otion shall be acco%panie& by affi&avits sho(in' the facts constitutin' the 'roun&s therefor an& the ne(ly &iscovere& evi&ence. (-a) Se*t)o% ,+ 7earing and order. � +he "ourt of Appeals shall consi&er the ne( evi&ence to'ether (ith that a&&uce& at the trial belo(# an& %ay 'rant or refuse a ne( trial# or %ay %ake such or&er# (ith notice to both parties# as to the takin' of further testi%ony# either orally in court# or by &epositions# or ren&er such other /u&'%ent as ou'ht to be ren&ere& upon such ter%s as it %ay &ee% /ust. (2a) Se*t)o% -+ Resolution of motion. � !n the "ourt of Appeals# a %otion for ne( trial shall be resolve& (ithin ninety (>0) &ays fro% the &ate (hen the court &eclares it sub%itte& for resolution. (n) Se*t)o% .+ Pro&edure in ne% trial. � :nless the court other(ise &irects# the proce&ure in the ne( trial shall be the sa%e as that 'rante& by a ,e'ional +rial "ourt. (2a)

RULE /. I%ter%&' ;us)%ess Se*t)o% 1+ 1istri'ution of &ases among di(isions. � All the cases of the "ourt of Appeals shall be allotte& a%on' the &ifferent &ivisions thereof for hearin' an& &ecision. +he "ourt of Appeals# sittin' en 'an&# shall %ake proper or&ers or rules to 'overn the allot%ent of cases a%on' the &ifferent &ivisions# the constitution of such &ivisions# the re'ular rotation of Justices a%on' the%# the filin' of vacancies occurrin' therein# an& other %atters relatin' to the business of the court5 an& such rules shall continue in force until repeale& or altere& by the $upre%e "ourt. (-a) Se*t)o% ,+ <uorum of the &ourt. � A %a/ority of the actual %e%bers of the court shall constitute a :uorum for its sessions en 'an&. +hree %e%bers shall constitute a :uorum for the sessions of a &ivision. +he affir%ative votes of the %a/ority of the %e%bers present shall be necessary to pass a resolution of the court en 'an&. +he affir%ative votes of three %e%bers of a &ivision shall be necessary for the pronounce%ent of a /u&'%ent or final resolution# (hich shall be reache& in consultation before the (ritin' of the opinion by any %e%ber of the &ivision. ($ec. --# first par. of )P )l'. -2># as a%en&e& by $ec. 3 of 47 22). (2a)

RULE // Pu<')*&t)o%s of "u165e%ts &%1 F)%&' Reso'ut)o%s Se*t)o% 1+ Pu'li&ation. � +he /u&'%ents an& final resolutions of the court shall be publishe& in the 7fficial Aa0ette an& in the ,eports officially authori0e& by the court in the lan'ua'e in (hich they have been ori'inally (ritten# to'ether (ith the syllabi therefor prepare& by the reporter in consultation (ith the (riters thereof. Me%oran&a of all other /u&'%ents an& final resolutions not so publishe& shall be %a&e by the reporter an& publishe& in the 7fficial Aa0ette an& the authori0e& reports. (-a)

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Se*t)o% ,+ Preparation of opinions for pu'li&ation. � +he reporter shall prepare an& publish (ith each reporte& /u&'%ent an& final resolution a concise synopsis of the facts necessary for a clear un&erstan&in' of the case# the na%es of counsel# the %aterial an& controverte& points involve&# the authorities cite& therein# an& a syllabus (hich shall be confine& to points of la(. ($ec. 22a# ,.A. ?o. 2>3) (n) Se*t)o% -+ 3eneral ma/e-up of (olumes. � +he publishe& &ecisions an& final resolutions of the $upre%e "ourt shall be calle& 8Philippine ,eports#8 (hile those of the "ourt of Appeals shall be kno(n as the 8"ourt of Appeals ,eports.8 4ach volu%e thereof shall contain a table of the cases reporte& an& the cases cite& in the opinions# (ith a co%plete alphabetical in&e. of the sub/ect %atters of the volu%e. !t shall consist of not less than seven hun&re& pa'es printe& upon 'oo& paper# (ell boun& an& nu%bere& consecutively in the or&er of the volu%es publishe&. ($ec. 22a# ,.A. ?o. 2>3) (n)

Pro*e1ure I% The Su9re5e Court

RULE /0 A+ Or)6)%&' C&ses Se*t)o% 1+ )riginal &ases &ogni9a'le. � 7nly petitions for &ertiorari# prohibition# mandamus# :uo %arranto# ha'eas &orpus# &isciplinary procee&in's a'ainst %e%bers of the /u&iciary an& attorneys# an& cases affectin' a%bassa&ors# other public %inisters an& consuls %ay be file& ori'inally in the $upre%e "ourt. (n) Se*t)o% ,+ Rules appli&a'le. � +he proce&ure in ori'inal cases for &ertiorari# prohibition# mandamus# :uo %arranto an& ha'eas &orpus shall be in accor&ance (ith the applicable provisions of the "onstitution# la(s# an& ,ules 13# 18# 1># 5-# 52 an& this ,ule# sub/ect to the follo(in' provisions* a) All references in sai& ,ules to the "ourt of Appeals shall be un&erstoo& to also apply to the $upre%e "ourt5 b) +he portions of sai& ,ules &ealin' strictly (ith an& specifically inten&e& for appeale& cases in the "ourt of Appeals shall not be applicable5 an& c) 4i'hteen (-8) clearly le'ible copies of the petition shall be file&# to'ether (ith proof of service on all a&verse parties. +he procee&in's for &isciplinary action a'ainst %e%bers of the /u&iciary shall be 'overne& by the la(s an& ,ules prescribe& therefor# an& those a'ainst attorneys by ,ules -2>9)# as a%en&e&. (n) ;+ A99e&'e1 C&ses Se*t)o% -+ Mode of appeal. � An appeal to the $upre%e "ourt %ay be taken only by a petition for revie( on &ertiorari# e.cept in cri%inal cases (here the penalty i%pose& is &eath# re&lusion perpetua or life i%prison%ent. (n)

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Se*t)o% .+ Pro&edure. � +he appeal shall be 'overne& by an& &ispose& of in accor&ance (ith the applicable provisions of the "onstitution# la(s# ,ules 15# 18# sections -# 2# an& 5 to -- of ,ule 5-# 52 an& this ,ule. (n) Se*t)o% /+ 3rounds for dismissal of appeal. � +he appeal %ay be &is%isse& motu proprio or on %otion of the respon&ent on the follo(in' 'roun&s* (a) @ailure to take the appeal (ithin the re'le%entary perio&5 (b) Fack of %erit in the petition5 (c) @ailure to pay the re<uisite &ocket fee an& other la(ful fees or to %ake a &eposit for costs5 (&) @ailure to co%ply (ith the re<uire%ents re'ar&in' proof of service an& contents of an& the &ocu%ents (hich shoul& acco%pany the petition5 (e) @ailure to co%ply (ith any circular# &irective or or&er of the $upre%e "ourt (ithout /ustifiable cause5 (f) 4rror in the choice or %o&e of appeal5 an& (') +he fact that the case is not appealable to the $upre%e "ourt. (n) Se*t)o% 0+ 1isposition of improper appeal. � 4.cept as provi&e& in section 2# ,ule -22 re'ar&in' appeals in cri%inal cases (here the penalty i%pose& is &eath# re&lusion perpetua or life i%prison%ent# an appeal taken to the $upre%e "ourt by notice of appeal shall be &is%isse&. An appeal by &ertiorari taken to the $upre%e "ourt fro% the ,e'ional +rial "ourt sub%ittin' issues of fact %ay be referre& to the "ourt of Appeals for &ecision or appropriate action. +he &eter%ination of the $upre%e "ourt on (hether or not issues of fact are involve& shall be final. (n) Se*t)o% 7+ Pro&edure if opinion is e:ually di(ided. � 6here the court en 'an& is e<ually &ivi&e& in opinion# or the necessary %a/ority cannot be ha&# the case shall a'ain be &eliberate& on# an& if after such &eliberation no &ecision is reache&# the ori'inal action co%%ence& in the court shall be &is%isse&# in appeale& cases# the /u&'%ent or or&er appeale& fro% shall stan& affir%e&5 an& on all inci&ental %atters# the petition or %otion shall be &enie&.

Pro()s)o%&' Re5e1)es

RULE /7 Pre')5)%&r2 Att&*h5e%t Se*t)o% 1+ 3rounds upon %hi&h atta&hment may issue. � At the co%%ence%ent of the action or at any ti%e before entry of /u&'%ent# a plaintiff or any proper party %ay have the property of the a&verse party attache& as security for the satisfaction of any /u&'%ent that %ay be recovere& in the follo(in' cases*

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(a) !n an action for the recovery of a specifie& a%ount of %oney or &a%a'es# other than %oral an& e.e%plary# on a cause of action arisin' fro% la(# contract# <uasi9contract# &elict or <uasi9&elict a'ainst a party (ho is about to &epart fro% the Philippines (ith intent to &efrau& his cre&itors5 (b) !n an action for %oney or property e%be00le& or frau&ulently %isapplie& or converte& to his o(n use by a public officer# or an officer of a corporation# or an attorney# factor# broker# a'ent# or clerk# in the course of his e%ploy%ent as such# or by any other person in a fi&uciary capacity# or for a (illful violation of &uty5 (c) !n an action to recover the possession of property un/ustly or frau&ulently taken# &etaine& or converte&# (hen the property# or any part thereof# has been conceale&# re%ove&# or &ispose& of to prevent its bein' foun& or taken by the applicant or an authori0e& person5 (&) !n an action a'ainst a party (ho has been 'uilty of a frau& in contractin' the &ebt or incurrin' the obli'ation upon (hich the action is brou'ht# or in the perfor%ance thereof5 (e) !n an action a'ainst a party (ho has re%ove& or &ispose& of his property# or is about to &o so# (ith intent to &efrau& his cre&itors5 or (f) !n an action a'ainst a party (ho &oes not resi&e an& is not foun& in the Philippines# or on (ho% su%%ons %ay be serve& by publication. (-a) Se*t)o% ,+ $ssuan&e and &ontents of order. � An or&er of attach%ent %ay be issue& either e2 parte or upon %otion (ith notice an& hearin' by the court in (hich the action is pen&in'# or by the "ourt of Appeals or the $upre%e "ourt# an& %ust re<uire the sheriff of the court to attach so %uch of the property in the Philippines of the party a'ainst (ho% it is issue&# not e.e%pt fro% e.ecution# as %ay be sufficient to satisfy the applicantDs &e%an&# unless such party %akes &eposit or 'ives a bon& as hereinafter provi&e& in an a%ount e<ual to that fi.e& in the or&er# (hich %ay be the a%ount sufficient to satisfy the applicantDs &e%an& or the value of the property to be attache& as state& by the applicant# e.clusive of costs. $everal (rits %ay be issue& at the sa%e ti%e to the sheriffs of the courts of &ifferent /u&icial re'ions. (2a) Se*t)o% -+ Affida(it and 'ond re:uired. � An or&er of attach%ent shall be 'rante& only (hen it appears by the affi&avit of the applicant# or of so%e other person (ho personally kno(s the facts# that a sufficient cause of action e.ists# that the case is one of those %entione& in section - hereof# that there is no other sufficient security for the clai% sou'ht to be enforce& by the action# an& that the a%ount &ue to the applicant# or the value of the property the possession of (hich he is entitle& to recover# is as %uch as the su% for (hich the or&er is 'rante& above all le'al counterclai%s. +he affi&avit# an& the bon& re<uire& by the ne.t succee&in' section# %ust be &uly file& (ith the court before the or&er issues. (2a) Se*t)o% .+ Condition of appli&ant>s 'ond. � +he party applyin' for the or&er %ust thereafter 'ive a bon& e.ecute& to the a&verse party in the a%ount fi.e& by the court in its or&er 'rantin' the issuance of the (rit# con&itione& that the latter (ill pay all the costs (hich %ay be a&/u&'e& to the a&verse party an& all &a%a'es (hich he %ay sustain by reason of the attach%ent# if the court shall finally a&/u&'e that the applicant (as not entitle& thereto. (1a) Se*t)o% /+ Manner of atta&hing property. � +he sheriff enforcin' the (rit shall (ithout &elay an& (ith all reasonable &ili'ence attach# to a(ait /u&'%ent an& e.ecution in the action# only so %uch of the property in the Philippines of the party a'ainst (ho% the (rit is issue&# not e.e%pt fro% e.ecution# as %ay be sufficient to satisfy the applicantDs &e%an&# unless the for%er %akes a &eposit (ith the court fro% (hich the (rit is issue&# or 'ives a counter9bon& e.ecute& to the applicant# in an a%ount e<ual to the bon& fi.e& by the court in the or&er of attach%ent or to the value of the property

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to be attache&# e.clusive of costs. ?o levy on attach%ent pursuant to the (rit issue& un&er section 2 hereof shall be enforce& unless it is prece&e&# or conte%poraneously acco%panie&# by service of su%%ons# to'ether (ith a copy of the co%plaint# the application for attach%ent the applicantDs affi&avit an& bon&# an& the or&er an& (rit of attach%ent# on the &efen&ant (ithin the Philippines. +he re<uire%ent of prior or conte%poraneous service of su%%ons shall not apply (here the su%%ons coul& not be serve& personally or by substitute& service &espite &ili'ent efforts# or the &efen&ant is a resi&ent of the Philippines te%porarily absent therefro%# or the &efen&ant is a non9 resi&ent of the Philippines# or the action is one in rem or :uasi in rem. (5a) Se*t)o% 0+ Sheriff>s return. � After enforcin' the (rit# the sheriff %ust like(ise (ithout &elay %ake a return thereon to the court fro% (hich the (rit issue&# (ith a full state%ent of his procee&in's un&er the (rit an& a co%plete inventory of the property attache&# to'ether (ith any counter9bon& 'iven by the party a'ainst (ho% attach%ent is issue&# an& serve copies thereof on the applicant. (3a) Se*t)o% 7+ Atta&hment of real and personal property5 re&ording thereof. � ,eal an& personal property shall be attache& by the sheriff e.ecutin' the (rit in the follo(in' %anner* (a) ,eal property# or 'ro(in' crops thereon# or any interest therein# stan&in' upon the recor& of the re'istry of &ee&s of the province in the na%e of the party a'ainst (ho% attach%ent is issue&# or not appearin' at all upon such recor&s# or belon'in' to the party a'ainst (ho% attach%ent is issue& an& hel& by any other person# or stan&in' on the recor&s of the re'istry of &ee&s in the na%e of any other person# by filin' (ith the re'istry of &ee&s a copy of the or&er# to'ether (ith a &escription of the property attache&# an& a notice that it is attache&# or that such real property an& any interest therein hel& by or stan&in' in the na%e of such other person are attache&# an& by leavin' a copy of such or&er# &escription# an& notice (ith the occupant of the property# if any# or (ith such other person or his a'ent if foun& (ithin the province. 6here the property has been brou'ht un&er the operation of either the Fan& ,e'istration Act or the Property ,e'istration Eecree# the notice shall contain a reference to the nu%ber of the certificate of title# the volu%e an& pa'e in the re'istration book (here the certificate is re'istere&# an& the re'istere& o(ner or o(ners thereof. +he re'istrar of &ee&s %ust in&e. attach%ents file& un&er this section in the na%es of the applicant# the a&verse party# or the person by (ho% the property is hel& or in (hose na%e it stan&s in the recor&s. !f the attach%ent is not clai%e& on the entire area of the lan& covere& by the certificate of title# a &escription sufficiently accurate for the i&entification of the lan& or interest to be affecte& shall be inclu&e& in the re'istration of such attach%ent5 (b) Personal property capable of %anual &elivery# by takin' an& safely keepin' it in his custo&y# after issuin' the correspon&in' receipt therefor. (c) $tocks or shares# or an interest in stocks or shares# of any corporation or co%pany# by leavin' (ith the presi&ent or %ana'in' a'ent thereof# a copy of the (rit# an& a notice statin' that the stock or interest of the party a'ainst (ho% the attach%ent is issue& is attache& in pursuance of such (rit5 (&) Eebts an& cre&its# inclu&in' bank &eposits# financial interest# royalties# co%%issions an& other personal property not capable of %anual &elivery# by leavin' (ith the person o(in' such &ebts# or havin' in his possession or un&er his control# such cre&its or other personal property# or (ith his a'ent# a copy of the (rit# an& notice that the &ebts o(in' by hi% to the party a'ainst (ho% attach%ent is issue&# an& the cre&its an& other personal property in his possession# or un&er his control# belon'in' to sai& party# are attache& in pursuance of such (rit5

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(e) +he interest of the party a'ainst (ho% attach%ent is issue& in property belon'in' to the estate of the &ece&ent# (hether as heir# le'atee# or &evisee# by servin' the e.ecutor or a&%inistrator or other personal representative of the &ece&ent (ith a copy of the (rit an& notice that sai& interest is attache&. A copy of sai& (rit of attach%ent an& of sai& notice shall also be file& in the office of the clerk of the court in (hich sai& estate is bein' settle& an& serve& upon the heir# le'atee or &evisee concerne&. !f the property sou'ht to be attache& is in &ustodia legis# a copy of the (rit of attach%ent shall be file& (ith the proper court or <uasi9/u&icial a'ency# an& notice of the attach%ent serve& upon the custo&ian of such property. (=a) Se*t)o% 3+ 0ffe&t of atta&hment of de'ts# &redits and all other similar personal property . � All persons havin' in their possession or un&er their control any cre&its or other si%ilar personal property belon'in' to the party a'ainst (ho% attach%ent is issue&# or o(in' any &ebts to hi%# at the ti%e of service upon the% of the copy of the (rit of attach%ent an& notice as provi&e& in the last prece&in' section# shall be liable to the applicant for the a%ount of such cre&its# &ebts or other si%ilar personal property# until the attach%ent is &ischar'e&# or any /u&'%ent recovere& by hi% is satisfie&# unless such property is &elivere& or transferre&# or such &ebts are pai&# to the clerk# sheriff# or other proper officer of the court issuin' the attach%ent. (8a) Se*t)o% 9+ 0ffe&t of atta&hment of interests in property 'elonging to the estate of a de&edent . � +he attach%ent of the interest of an heir# le'atee# or &evisee in the property belon'in' to the estate of a &ece&ent shall not i%pair the po(ers of the e.ecutor# a&%inistrator# or other personal representative of the &ece&ent over such property for the purpose of a&%inistration. $uch personal representative# ho(ever# shall report the attach%ent to the court (hen any petition for &istribution is file&# an& in the or&er %a&e upon such petition# &istribution %ay be a(ar&e& to such heir# le'atee or &evisee# but the property attache& shall be or&ere& &elivere& to the sheriff %akin' the levy# sub/ect to the clai% of such heir# le'atee# or &evisee# or any person clai%in' un&er hi%. (>a) Se*t)o% 14+ 02amination of party %hose property is atta&hed and persons inde'ted to him or &ontrolling his property5 deli(ery of property to sheriff. � Any person o(in' &ebts to the party (hose property is attache& or havin' in his possession or un&er his control any cre&it or other personal property belon'in' to such party# %ay be re<uire& to atten& before the court in (hich the action is pen&in'# or before a co%%issioner appointe& by the court# an& be e.a%ine& on oath respectin' the sa%e. +he party (hose property is attache& %ay also be re<uire& to atten& for the purpose of 'ivin' infor%ation respectin' his property# an& %ay be e.a%ine& on oath. +he court %ay# after such e.a%ination# or&er personal property capable of %anual &elivery belon'in' to hi%# in the possession of the person so re<uire& to atten& before the court# to be &elivere& to the clerk of the court or sheriff on such ter%s as %ay be /ust# havin' reference to any lien thereon or clai% a'ainst the sa%e# to a(ait the /u&'%ent in the action. (-0a) Se*t)o% 11+ ,hen atta&hed property may 'e sold after le(y on atta&hment and 'efore entry of +udgment. � 6henever it shall be %a&e to appear to the court in (hich the action is pen&in'# upon hearin' (ith notice to both parties# that the property attache& is perishable# or that the interests of all the parties to the action (ill be subserve& by the sale thereof# the court %ay or&er such property to be sol& at public auction in such %anner as it %ay &irect# an& the procee&s of such sale to be &eposite& in court to abi&e the /u&'%ent in the action. (--a) Se*t)o% 1,+ 1is&harge of atta&hment upon gi(ing &ounter-'ond. � After a (rit of attach%ent has been enforce&# the party (hose property has been attache&# or the person appearin' on his behalf# %ay %ove for the &ischar'e of the attach%ent (holly or in part on the security 'iven. +he court shall# after &ue notice an& hearin'# or&er the &ischar'e of the attach%ent if the %ovant %akes a cash &eposit# or files a counter9bon& e.ecute& to the attachin' party (ith the clerk of the court (here the application is %a&e# in an a%ount e<ual to that fi.e& by the court in the or&er of attach%ent# e.clusive of costs. )ut if the attach%ent is sou'ht to be &ischar'e& (ith respect to a particular

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property# the counter9bon& shall be e<ual to the value of that property as &eter%ine& by the court. !n either case# the cash &eposit or the counter9bon& shall secure the pay%ent of any /u&'%ent that the attachin' party %ay recover in the action. A notice of the &eposit shall forth(ith be serve& on the attachin' party. :pon the &ischar'e of an attach%ent in accor&ance (ith the provisions of this section# the property attache&# or the procee&s of any sale thereof# shall be &elivere& to the party %akin' the &eposit or 'ivin' the counter9bon&# or to the person appearin' on his behalf# the &eposit or counter9bon& aforesai& stan&in' in place of the property so release&. $houl& such counter9bon& for any reason be foun& to be or beco%e insufficient# an& the party furnishin' the sa%e fail to file an a&&itional counter9bon&# the attachin' party %ay apply for a ne( or&er of attach%ent. (-2a) Se*t)o% 1-+ 1is&harge of atta&hment on other grounds. � +he party (hose property has been or&ere& attache& %ay file a %otion (ith the court in (hich he action is pen&in'# before or after levy or even after the release of the attache& property# for an or&er to set asi&e or &ischar'e the attach%ent on the 'roun& that the sa%e (as i%properly or irre'ularly issue& or enforce&# or that the bon& is insufficient. !f the attach%ent is e.cessive# the &ischar'e shall be li%ite& to the e.cess. !f the %otion be %a&e on affi&avits on the part of the %ovant but not other(ise# the attachin' party %ay oppose the %otion by counter9affi&avits or other evi&ence in a&&ition to that on (hich the attach%ent (as %a&e. After &ue notice an& hearin'# the court shall or&er the settin' asi&e or the correspon&in' &ischar'e of the attach%ent if it appears that it (as i%properly or irre'ularly issue& or enforce&# or that the bon& is insufficient# or that the attach%ent is e.cessive# an& the &efect is not cure& forth(ith. (-2a) Se*t)o% 1.+ Pro&eedings %here property &laimed 'y third person. � !f the property attache& is clai%e& by any person other than the party a'ainst (ho% attach%ent ha& been issue& or his a'ent# an& such person %akes an affi&avit of his title thereto# or ri'ht to the possession thereof# statin' the 'roun&s of such ri'ht or title# an& serves such affi&avit upon the sheriff (hile the latter has possession of the attache& property# an& a copy thereof upon the attachin' party# the sheriff shall not be boun& to keep the property un&er attach%ent# unless the attachin' party or his a'ent# on &e%an& of the sheriff# shall file a bon& approve& by the court to in&e%nify the thir&9party clai%ant in a su% not less than the value of the property levie& upon. !n case of &isa'ree%ent as to such value# the sa%e shall be &eci&e& by the court issuin' the (rit of attach%ent. ?o clai% for &a%a'es for the takin' or keepin' of the property %ay be enforce& a'ainst the bon& unless the action therefor is file& (ithin one hun&re& t(enty (-20) &ays fro% the &ate of the filin' of the bon&. +he sheriff shall not be liable for &a%a'es for the takin' or keepin' of such property to any such thir&9party clai%ant# if such bon& shall be file&. ?othin' herein containe& shall prevent such clai%ant or any thir& person fro% vin&icatin' his clai% to the property# or prevent the attachin' party fro% clai%in' &a%a'es a'ainst a thir&9party clai%ant (ho file& a frivolous or plainly spurious clai%# in the sa%e or a separate action. 6hen the (rit of attach%ent is issue& in favor of the ,epublic of the Philippines# or any officer &uly representin' it# the filin' of such bon& shall not be re<uire&# an& in case the sheriff is sue& for &a%a'es as a result of the attach%ent# he shall be represente& by the $olicitor Aeneral# an& if hel& liable therefor# the actual &a%a'es a&/u&'e& by the court shall be pai& by the ?ational +reasurer out of the fun&s to be appropriate& for the purpose. (-1a) Se*t)o% 1/+ Satisfa&tion of +udgment out of property atta&hed# return of sheriff. � !f /u&'%ent be recovere& by the attachin' party an& e.ecution issue thereon# the sheriff %ay cause the /u&'%ent to be satisfie& out of the property attache&# if it be sufficient for that purpose in the follo(in' %anner* (a) )y payin' to the /u&'%ent obli'ee the procee&s of all sales of perishable or other property sol& in pursuance of the or&er of the court# or so %uch as shall be necessary to satisfy the /u&'%ent5

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(b) !f any balance re%ains &ue# by sellin' so %uch of the property# real or personal# as %ay be necessary to satisfy the balance# if enou'h for that purpose re%ain in the sheriffDs han&s# or in those the clerk of the court5 (c) )y collectin' fro% all persons havin' in their possession cre&its belon'in' to the /u&'%ent obli'or# or o(in' &ebts to the latter at the ti%e of the attach%ent of such cre&its or &ebts# the a%ount of such cre&its an& &ebts as &eter%ine& by the court in the action# an& state& in the /u&'%ent# an& payin' the procee&s of such collection over to the /u&'%ent obli'ee. +he sheriff shall forth(ith %ake a return in (ritin' to the court of his procee&in's un&er this section an& furnish the parties (ith copies thereof. (-5a) Se*t)o% 10+ Balan&e due &olle&ted upon an e2e&ution5 e2&ess deli(ered to +udgment o'ligor. � !f after reali0in' upon all the property attache&# inclu&in' the procee&s of any &ebts or cre&its collecte&# an& applyin' the procee&s to the satisfaction of the /u&'%ent less the e.penses of procee&in's upon the /u&'%ent any balance shall re%ain &ue# the sheriff %ust procee& to collect such balance as upon or&inary e.ecution. 6henever the /u&'%ent shall have been pai&# the sheriff# upon reasonable &e%an&# %ust return to the /u&'%ent obli'or the attache& property re%ainin' in his han&s# an& any procee&s of the sale of the property attache& not applie& to the /u&'%ent. (-3a) Se*t)o% 17+ Re&o(ery upon the &ounter-'ond. � 6hen the /u&'%ent has beco%e e.ecutory# the surety or sureties on any counter9bon& 'iven pursuant to the provisions of this ,ule to secure the pay%ent of the /u&'%ent shall beco%e char'e& on such counter9bon& an& boun& to pay the /u&'%ent obli'ee upon &e%an& the a%ount &ue un&er the /u&'%ent# (hich a%ount %ay be recovere& fro% such surety or sureties after notice an& su%%ary hearin' in the sa%e action. (-=a) Se*t)o% 13+ 1isposition of money deposited. � 6here the party a'ainst (ho% attach%ent ha& been issue& has &eposite& %oney instea& of 'ivin' counter9bon&# it shall be applie& un&er the &irection of the court to the satisfaction of any /u&'%ent ren&ere& in favor of the attachin' party# an& after satisfyin' the /u&'%ent the balance shall be refun&e& to the &epositor or his assi'nee. !f the /u&'%ent is in favor of the party a'ainst (ho% attach%ent (as issue&# the (hole su% &eposite& %ust be refun&e& to hi% or his assi'nee. (-8a) Se*t)o% 19+ 1isposition of atta&hed property %here +udgment is for party against %hom atta&hment %as issued. � !f /u&'%ent be ren&ere& a'ainst the attachin' party# all the procee&s of sales an& %oney collecte& or receive& by the sheriff# un&er the or&er of attach%ent# an& all property attache& re%ainin' in any such officerDs han&s# shall be &elivere& to the party a'ainst (ho% attach%ent (as issue&# an& the or&er of attach%ent &ischar'e&. (->a) Se*t)o% ,4+ Claim for damages on a&&ount of improper# irregular or e2&essi(e atta&hment. � An application for &a%a'es on account of i%proper# irre'ular or e.cessive attach%ent %ust be file& before the trial or before appeal is perfecte& or before the /u&'%ent beco%es e.ecutory# (ith &ue notice to the attachin' party an& his surety or sureties settin' forth the facts sho(in' his ri'ht to &a%a'es an& the a%ount thereof. $uch &a%a'es %ay be a(ar&e& only after proper hearin' an& shall be inclu&e& in the /u&'%ent on the %ain case. !f the /u&'%ent of the appellate court be favorable to the party a'ainst (ho% the attach%ent (as issue& he %ust clai% &a%a'es sustaine& &urin' the pen&ency of the appeal by filin' an application in the appellate court# (ith notice to the party in (hose favor the attach%ent (as issue& or his surety or sureties# before the /u&'%ent of the appellate court beco%es e.ecutory. +he appellate court %ay allo( the application to be hear& an& &eci&e& by the trial court.

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?othin' herein containe& shall prevent the party a'ainst (ho% the attach%ent (as issue& fro% recoverin' in the sa%e action the &a%a'es a(ar&e& to hi% fro% any property of the attachin' party not e.e%pt fro% e.ecution shoul& the bon& or &eposit 'iven by the latter be insufficient or fail to fully satisfy the a(ar&. (20a)

RULE /3 Pre')5)%&r2 I%@u%*t)o% Se*t)o% 1+ Preliminary in+un&tion defined5 &lasses. � A preli%inary in/unction is an or&er 'rante& at any sta'e of an action or procee&in' prior to the /u&'%ent or final or&er# re<uirin' a party or a court# a'ency or a person to refrain fro% a particular act or acts. !t %ay also re<uire the perfor%ance of a particular act or acts# in (hich case it shall be kno(n as a preli%inary %an&atory in/unction. (-a) Se*t)o% ,+ ,ho may grant preliminary in+un&tion. � A preli%inary in/unction %ay be 'rante& by the court (here the action or procee&in' is pen&in'. !f the action or procee&in' is pen&in' in the "ourt of Appeals or in the $upre%e "ourt# it %ay be issue& by sai& court or any %e%ber thereof. (2a) Se*t)o% -+ 3rounds for issuan&e of preliminary in+un&tion. � A preli%inary in/unction %ay be 'rante& (hen it is establishe&* (a) +hat the applicant is entitle& to the relief &e%an&e&# an& the (hole or part of such relief consists in restrainin' the co%%ission or continuance of the act or acts co%plaine& of# or in re<uirin' the perfor%ance of an act or acts either for a li%ite& perio& or perpetually5 (b) +hat the co%%ission# continuance or non9perfor%ance of the act or acts co%plaine& of &urin' the liti'ation (oul& probably (ork in/ustice to the applicant5 or (c) +hat a party# court# a'ency or a person is &oin'# threatenin'# or is atte%ptin' to &o# or is procurin' or sufferin' to be &one so%e act or acts probably in violation of the ri'hts of the applicant respectin' the sub/ect of the action or procee&in'# an& ten&in' to ren&er the /u&'%ent ineffectual. (2a) Se*t)o% .+ 4erified appli&ation and 'ond for preliminary in+un&tion or temporary restraining order. � A preli%inary in/unction or te%porary restrainin' or&er %ay be 'rante& only (hen* (a) +he application in the action or procee&in' is verifie&# an& sho(s facts entitlin' the applicant to the relief &e%an&e&5 an& (b) :nless e.e%pte& by the court the applicant files (ith the court (here the action or procee&in' is pen&in'# a bon& e.ecute& to the party or person en/oine&# in an a%ount to be fi.e& by the court# to the effect that the applicant (ill pay to such party or person all &a%a'es (hich he %ay sustain by reason of the in/unction or te%porary restrainin' or&er if the court shoul& finally &eci&e that the applicant (as not entitle& thereto. :pon approval of the re<uisite bon&# a (rit of preli%inary in/unction shall be issue&. (1a) (c) 6hen an application for a (rit of preli%inary in/unction or a te%porary restrainin' or&er is inclu&e& in a co%plaint or any initiatory plea&in'# the case# if file& in a %ultiple9sala court# shall be raffle& only after notice to an& in the presence of the a&verse party or the person to be en/oine&. !n any event# such notice shall be prece&e&# or conte%poraneously acco%panie&# by service of su%%ons# to'ether (ith a copy of the co%plaint or initiatory plea&in' an& the applicantDs affi&avit an& bon&# upon the a&verse party in the Philippines.

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;o(ever# (here the su%%ons coul& not be serve& personally or by substitute& service &espite &ili'ent efforts# or the a&verse party is a resi&ent of the Philippines te%porarily absent therefro% or is a nonresi&ent thereof# the re<uire%ent of prior or conte%poraneous service of su%%ons shall not apply. (&) +he application for a te%porary restrainin' or&er shall thereafter be acte& upon only after all parties are hear& in a su%%ary hearin' (hich shall be con&ucte& (ithin t(enty9four (21) hours after the sheriffDs return of service an&Gor the recor&s are receive& by the branch selecte& by raffle an& to (hich the recor&s shall be trans%itte& i%%e&iately. Se*t)o% /+ Preliminary in+un&tion not granted %ithout noti&e5 e2&eption. � ?o preli%inary in/unction shall be 'rante& (ithout hearin' an& prior notice to the party or person sou'ht to be en/oine&. !f it shall appear fro% facts sho(n by affi&avits or by the verifie& application that 'reat or irreparable in/ury (oul& result to the applicant before the %atter can be hear& on notice# the court to (hich the application for preli%inary in/unction (as %a&e# %ay issue a te%porary restrainin' or&er to be effective only for a perio& of t(enty (20) &ays fro% service on the party or person sou'ht to be en/oine&# e.cept as herein provi&e&. 6ithin the sai& t(enty9&ay perio&# the court %ust or&er sai& party or person to sho( cause# at a specifie& ti%e an& place# (hy the in/unction shoul& not be 'rante&# &eter%ine (ithin the sa%e perio& (hether or not the preli%inary in/unction shall be 'rante&# an& accor&in'ly issue the correspon&in' or&er. ()ar Matter ?o. 802# -= @ebruary ->>8) ;o(ever# an& sub/ect to the provisions of the prece&in' sections# if the %atter is of e.tre%e ur'ency an& the applicant (ill suffer 'rave in/ustice an& irreparable in/ury# the e.ecutive /u&'e of a %ultiple9 sala court or the presi&in' /u&'e of a sin'le sala court %ay issue e2 parte a te%porary restrainin' or&er effective for only seventy9t(o (=2) hours fro% issuance but he shall i%%e&iately co%ply (ith the provisions of the ne.t prece&in' section as to service of su%%ons an& the &ocu%ents to be serve& there(ith. +hereafter# (ithin the aforesai& seventy9t(o (=2) hours# the /u&'e before (ho% the case is pen&in' shall con&uct a su%%ary hearin' to &eter%ine (hether the te%porary restrainin' or&er shall be e.ten&e& until the application for preli%inary in/unction can be hear&. !n no case shall the total perio& of effectivity of the te%porary restrainin' or&er e.cee& t(enty (20) &ays# inclu&in' the ori'inal seventy9t(o hours provi&e& herein. !n the event that the application for preli%inary in/unction is &enie& or not resolve& (ithin the sai& perio&# the te%porary restrainin' or&er is &ee%e&# auto%atically vacate&. +he effectivity of a te%porary restrainin' or&er is not e.ten&ible (ithout nee& of any /u&icial &eclaration to that effect an& no court shall have authority to e.ten& or rene( the sa%e on the sa%e 'roun& for (hich it (as issue&. ;o(ever# if issue& by the "ourt of Appeals or a %e%ber thereof# the te%porary restrainin' or&er shall be effective for si.ty (30) &ays fro% service on the party or person sou'ht to be en/oine&. A restrainin'# or&er issue& by the $upre%e "ourt or a %e%ber thereof shall be effective until further or&ers. (5a) Se*t)o% 0+ 3rounds for o'+e&tion to# or for motion of dissolution of, in+un&tion or restraining order. � +he application for in/unction or restrainin' or&er %ay be &enie&# upon a sho(in' of its insufficiency. +he in/unction or restrainin' or&er %ay also be &enie&# or# if 'rante&# %ay be &issolve&# on other 'roun&s upon affi&avits of the party or person en/oine&# (hich %ay be oppose& by the applicant also by affi&avits. !t %ay further be &enie&# or if 'rante&# %ay be &issolve&# if it appears after hearin' that althou'h the applicant is entitle& to the in/unction or restrainin' or&er# the issuance or continuance thereof# as the case %ay be# (oul& cause irreparable &a%a'e to the party or person en/oine& (hile the applicant can be fully co%pensate& for such &a%a'es as he %ay suffer# an& the for%er files a bon& in an a%ount fi.e& by the court con&itione& that he (ill pay all &a%a'es (hich the applicant %ay suffer by the &enial or the &issolution of the in/unction or restrainin' or&er. !f it appears that the e.tent of the preli%inary in/unction or restrainin' or&er 'rante& is too 'reat# it %ay be %o&ifie&. (3a)

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Se*t)o% 7+ Ser(i&e of &opies of 'onds5 effe&t of disappro(al of same. � +he party filin' a bon& in accor&ance (ith the provisions of this ,ule shall forth(ith serve a copy of such bon& on the other party# (ho %ay e.cept to the sufficiency of the bon&# or of the surety or sureties thereon. !f the applicantDs bon& is foun& to be insufficient in a%ount# or if the surety or sureties thereon fail to /ustify# an& a bon& sufficient in a%ount (ith sufficient sureties approve& after /ustification is not file& forth(ith the in/unction shall be &issolve&. !f the bon& of the a&verse party is foun& to be insufficient in a%ount# or the surety or sureties thereon fail to /ustify a bon& sufficient in a%ount (ith sufficient sureties approve& after /ustification is not file& forth(ith# the in/unction shall be 'rante& or restore&# as the case %ay be. (8a) Se*t)o% 3+ *udgment to in&lude damages against party and sureties. � At the trial# the a%ount of &a%a'es to be a(ar&e& to either party# upon the bon& of the a&verse party# shall be clai%e&# ascertaine&# an& a(ar&e& un&er the sa%e proce&ure prescribe& in section 20 of ,ule 5=. (>a) Se*t)o% 9+ ,hen final in+un&tion granted. � !f after the trial of the action it appears that the applicant is entitle& to have the act or acts co%plaine& of per%anently en/oine& the court shall 'rant a final in/unction perpetually restrainin' the party or person en/oine& fro% the co%%ission or continuance of the act or acts of confir%in' the preli%inary %an&atory in/unction. (-0a)

RULE /9 Re*e)(ersh)9 Se*t)o% 1+ Appointment of re&ei(er. � :pon a verifie& application# one or %ore receivers of the property sub/ect of the action or procee&in' %ay be appointe& by the court (here the action is pen&in' or by the "ourt of Appeals or by the $upre%e "ourt# or a %e%ber thereof# in the follo(in' cases* (a) 6hen it appears fro% the verifie& application# an& such other proof as the court %ay re<uire# that the party applyin' for the appoint%ent of a receiver has an interest in the property or fun& (hich is the sub/ect of the action or procee&in'# an& that such property or fun& is in &an'er of bein' lost# re%ove&# or %aterially in/ure& unless a receiver be appointe& to a&%inister an& preserve it5 (b) 6hen it appears in an action by the %ort'a'ee for the foreclosure of a %ort'a'e that the property is in &an'er of bein' (aste& or &issipate& or %aterially in/ure&# an& that its value is probably insufficient to &ischar'e the %ort'a'e &ebt# or that the parties have so stipulate& in the contract of %ort'a'e5 (c) After /u&'%ent# to preserve the property &urin' the pen&ency of an appeal# or to &ispose of it accor&in' to the /u&'%ent# or to ai& e.ecution (hen the e.ecution has been returne& unsatisfie& or the /u&'%ent obli'or refuses to apply his property in satisfaction of the /u&'%ent# or other(ise to carry the /u&'%ent into effect5 (&) 6henever in other cases it appears that the appoint%ent of a receiver is the %ost convenient an& feasible %eans of preservin'# a&%inisterin'# or &isposin' of the property in liti'ation. Eurin' the pen&ency of an appeal# the appellate court %ay allo( an application for the appoint%ent of a receiver to be file& in an& &eci&e& by the court of ori'in an& the receiver appointe& to be sub/ect to the control of sai& court. (-a)

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Se*t)o% ,+ Bond on appointment of re&ei(er. � )efore issuin' the or&er appointin' a receiver the court shall re<uire the applicant to file a bon& e.ecute& to the party a'ainst (ho% the application is presente&# in an a%ount to be fi.e& by the court# to the effect that the applicant (ill pay such party all &a%a'es he %ay sustain by reason of the appoint%ent of such receiver in case the applicant shall have procure& such appoint%ent (ithout sufficient cause5 an& the court %ay# in its &iscretion# at any ti%e after the appoint%ent# re<uire an a&&itional bon& as further security for such &a%a'es. (2a) Se*t)o% -+ 1enial of appli&ation or dis&harge of re&ei(er. � +he application %ay be &enie&# or the receiver &ischar'e&# (hen the a&verse party files a bon& e.ecute& to the applicant# in an a%ount to be fi.e& by the court# to the effect that such party (ill pay the applicant all &a%a'es he %ay suffer by reason of the acts# o%issions# or other %atters specifie& in the application as 'roun& for such appoint%ent. +he receiver %ay also be &ischar'e& if it is sho(n that his appoint%ent (as obtaine& (ithout sufficient cause. (1a) Se*t)o% .+ )ath and 'ond of re&ei(er. � )efore enterin' upon his &uties# the receiver shall be s(orn to perfor% the% faithfully# an& shall file a bon&# e.ecute& to such person an& in such su% as the court %ay &irect# to the effect that he (ill faithfully &ischar'e his &uties in the action or procee&in' an& obey the or&ers of the court. (5a) Se*t)o% /+ Ser(i&e of &opies of 'onds5 effe&t of disappro(al of same. � +he person filin' a bon& in accor&ance (ith the provisions of this ,ule shall forth(ith serve a copy thereof on each intereste& party# (ho %ay e.cept to its sufficiency or of the surety or sureties thereon. !f either the applicantDs or the receiverDs bon& is foun& to be insufficient in a%ount# or if the surety or sureties thereon fail to /ustify# an& a bon& sufficient in a%ount (ith sufficient sureties approve& after /ustification is not file& forth(ith# the application shall be &enie& or the receiver &ischar'e&# as the case %ay be. !f the bon& of the a&verse party is foun& to be insufficient in a%ount or the surety or sureties thereon fail to /ustify# an& a bon& sufficient in a%ount (ith sufficient sureties approve& after /ustification is not file& forth(ith# the receiver shall be appointe& or re9appointe&# as the case %ay be. (3a) Se*t)o% 0+ 3eneral po%ers of re&ei(er. � $ub/ect to the control of the court in (hich the action or procee&in' is pen&in' a receiver shall have the po(er to brin' an& &efen&# in such capacity# actions in his o(n na%e5 to take an& keep possession of the property in controversy5 to receive rents5 to collect &ebts &ue to hi%self as receiver or to the fun&# property# estate# person# or corporation of (hich he is the receiver5 to co%poun& for an& co%pro%ise the sa%e5 to %ake transfers5 to pay outstan&in' &ebts5 to &ivi&e the %oney an& other property that shall re%ain a%on' the persons le'ally entitle& to receive the sa%e5 an& 'enerally to &o such acts respectin' the property as the court %ay authori0e. ;o(ever# fun&s in the han&s of a receiver %ay be investe& only by or&er of the court upon the (ritten consent of all the parties to the action. (=a) ?o action %ay be file& by or a'ainst a receiver (ithout leave of the court (hich appointe& hi%. (n) Se*t)o% 7+ ;ia'ility for refusal or negle&t to deli(er property to re&ei(er. � A person (ho refuses or ne'lects# upon reasonable &e%an&# to &eliver to the receiver all the property# %oney# books# &ee&s# notes# bills# &ocu%ents an& papers (ithin his po(er or control# sub/ect of or involve& in the action or procee&in'# or in case of &isa'ree%ent# as &eter%ine& an& or&ere& by the court# %ay be punishe& for conte%pt an& shall be liable to the receiver for the %oney or the value of the property an& other thin's so refuse& or ne'lecte& to be surren&ere&# to'ether (ith all &a%a'es that %ay have been sustaine& by the party or parties entitle& thereto as a conse<uence of such refusal or ne'lect. (n) Se*t)o% 3+ #ermination of re&ei(ership5 &ompensation of re&ei(er. � 6henever the court# motu proprio or on %otion of either party# shall &eter%ine that the necessity for a receiver no lon'er e.ists# it shall# after &ue notice to all intereste& parties an& hearin'# settle the accounts of the receiver# &irect the &elivery of the fun&s an& other property in his possession to the person a&/u&'e& to be entitle& to receive the% an& or&er the &ischar'e of the receiver fro% further &uty as such. +he

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court shall allo( the receiver such reasonable co%pensation as the circu%stances of the case (arrant# to be ta.e& as costs a'ainst the &efeate& party# or apportione&# as /ustice re<uires. (8a) Se*t)o% 9+ *udgment to in&lude re&o(ery against sureties. � +he a%ount# if any# to be a(ar&e& to any party upon any bon& file& in accor&ance (ith the provisions of this ,ule# shall be clai%e&# ascertaine&# an& 'rante& un&er the sa%e proce&ure prescribe& in section 20 of ,ule 5=. (>a)

RULE 04 Re9'e()% Se*t)o% 1+ Appli&ation. � A party prayin' for the recovery of possession of personal property %ay# at the co%%ence%ent of the action or at any ti%e before ans(er# apply for an or&er for the &elivery of such property to hi%# in the %anner hereinafter provi&e&. (-a) Se*t)o% ,+ Affida(it and 'ond. � +he applicant %ust sho( by his o(n affi&avit or that of so%e other person (ho personally kno(s the facts* (a) +hat the applicant is the o(ner of the property clai%e&# particularly &escribin' it# or is entitle& to the possession thereof5 (b) +hat the property is (ron'fully &etaine& by the a&verse party# alle'in' the cause of &etention thereof accor&in' to the best of his kno(le&'e# infor%ation# an& belief 5 (c) +hat the property has not been &istraine& or taken for a ta. assess%ent or a fine pursuant to la(# or sei0e& un&er a (rit of e.ecution or preli%inary attach%ent# or other(ise place& un&er &ustodia legis# or if so sei0e&# that it is e.e%pt fro% such sei0ure or custo&y5 an& (&) +he actual %arket value of the property. +he applicant %ust also 'ive a bon&# e.ecute& to the a&verse party in &ouble the value of the property as state& in the affi&avit afore%entione&# for the return of the property to the a&verse party if such return be a&/u&'e&# an& for the pay%ent to the a&verse party of such su% as he %ay recover fro% the applicant in the action. (2a) Se*t)o% -+ )rder. � :pon the filin' of such affi&avit an& approval of the bon&# the court shall issue an or&er an& the correspon&in' (rit of replevin# &escribin' the personal property alle'e& to be (ron'fully &etaine& an& re<uirin' the sheriff forth(ith to take such property into his custo&y. (2a) Se*t)o% .+ 1uty of the sheriff. � :pon receivin' such or&er# the sheriff %ust serve a copy thereof on the a&verse party# to'ether (ith a copy of the application# affi&avit an& bon&# an& %ust forth(ith take the property# if it be in the possession of the a&verse party# or his a'ent# an& retain it in his custo&y. !f the property or any part thereof be conceale& in a buil&in' or enclosure# the sheriff %ust &e%an& its &elivery# an& if it be not &elivere&# he %ust cause the buil&in' or enclosure to be broken open an& take the property into his possession. After the sheriff has take possession of the property as herein provi&e&# he %ust keep it in a secure place an& shall be responsible for its &elivery to the party entitle& thereto upon receivin' his fees an& necessary e.penses for takin' an& keepin' the sa%e. (1a) Se*t)o% /+ Return of property. � !f the a&verse party ob/ects to the sufficiency of the applicantDs bon&# or of the surety or sureties thereon# he cannot i%%e&iately re<uire the return of the property#

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but if he &oes not so ob/ect# he %ay# at any ti%e before the &elivery of the property to the applicant# re<uire the return thereof# by filin' (ith the court (here the action is pen&in' a bon& e.ecute& to the applicant# in &ouble the value of the property as state& in the applicantDs affi&avit for the &elivery thereof to the applicant# if such &elivery be a&/u&'e&# an& for the pay%ent of such su%# to hi% as %ay be recovere& a'ainst the a&verse party# an& by servin' a copy of such bon& on the applicant. (5a) Se*t)o% 0+ 1isposition of property 'y sheriff. � !f (ithin five (5) &ays after the takin' of the property by the sheriff# the a&verse party &oes not ob/ect to the sufficiency of the bon&# or of the surety or sureties thereon5 or if the a&verse party so ob/ects an& the court affir%s its approval of the applicantDs bon& or approves a ne( bon&# or if the a&verse party re<uires the return of the property but his bon& is ob/ecte& to an& foun& insufficient an& he &oes not forth(ith file an approve& bon&# the property shall be &elivere& to the applicant. !f for any reason the property is not &elivere& to the applicant# the sheriff %ust return it to the a&verse party. (3a) Se*t)o% 7+ Pro&eedings %here property &laimed 'y third person. � !f the property taken is clai%e& by any person other than the party a'ainst (ho% the (rit of replevin ha& been issue& or his a'ent# an& such person %akes an affi&avit of his title thereto# or ri'ht to the possession thereof# statin' the 'roun&s therefor# an& serves such affi&avit upon the sheriff (hile the latter has possession of the property an& a copy thereof upon the applicant# the sheriff shall not be boun& to keep the property un&er replevin or &eliver it to the applicant unless the applicant or his a'ent# on &e%an& of sai& sheriff# shall file a bon& approve& by the court to in&e%nify the thir&9party clai%ant in a su% not less than the value of the property un&er replevin as provi&e& in section 2 hereof. !n case of &isa'ree%ent as to such value# the court shall &eter%ine the sa%e. ?o clai% for &a%a'es for the takin' or keepin'# of the property %ay be enforce& a'ainst the bon& unless the action therefor is file& (ithin one hun&re& t(enty (-20) &ays fro% the &ate of the filin' of the bon&. +he sheriff shall not be liable for &a%a'es# for the takin' or keepin' of such property# to any such thir&9party clai%ant if such bon& shall be file&. ?othin' herein containe& shall prevent such clai%ant or any thir& person fro% vin&icatin' his clai% to the property# or prevent the applicant fro% clai%in' &a%a'es a'ainst a thir&9party clai%ant (ho file& a frivolous or plainly spurious clai%# in the sa%e or a separate action. 6hen the (rit of replevin is issue& in favor of the ,epublic of the Philippines# or any officer &uly representin' it# the filin' of such bon& shall not be re<uire&# an& in case the sheriff is sue& for &a%a'es as a result of the replevin# he shall be represente& by the $olicitor Aeneral# an& if hel& liable therefor# the actual &a%a'es a&/u&'e& by the court shall be pai& by the ?ational +reasurer out of the fun&s to be appropriate& for the purpose. (=a) Se*t)o% 3+ Return of papers. � +he sheriff %ust file the or&er# (ith his procee&in's in&orse&# thereon# (ith the court (ithin ten (-0) &ays after takin' the property %entione& therein. (8a) Se*t)o% 9+ *udgment. � After trial of the issues the court shall &eter%ine (ho has the ri'ht of possession to an& the value of the property an& shall ren&er /u&'%ent in the alternative for the &elivery thereof to the party entitle& to the sa%e# or for its value in case &elivery cannot be %a&e# an& also for such &a%a'es as either party %ay prove# (ith costs. (>a) Se*t)o% 14+ *udgment to in&lude re&o(ery against sureties. � +he a%ount# if any# to be a(ar&e& to any party upon any bon& file& in accor&ance (ith the provisions of this ,ule# shall be clai%e&# ascertaine&# an& 'rante& un&er the sa%e proce&ure as prescribe& in section 20 of ,ule 5=. (-0a)

RULE 01

87

Su99ort Pe%1e%te L)te Se*t)o% 1+ Appli&ation. � At the co%%ence%ent of the proper action or procee&in'# or at any ti%e prior to the /u&'%ent or final or&er# a verifie& application for support pendente lite %ay be file& by any party statin' the 'roun&s for the clai% an& the financial con&itions of both parties# an& acco%panie& by affi&avits# &epositions or other authentic &ocu%ents in support thereof. (-a) Se*t)o% ,+ Comment. � A copy of the application an& all supportin' &ocu%ents shall be serve& upon the a&verse party# (ho shall have five (5) &ays to co%%ent thereon unless a &ifferent perio& is fi.e& by the court upon his %otion. +he co%%ent shall be verifie& an& shall be acco%panie& by affi&avits# &epositions or other authentic &ocu%ents in support thereof. (2a# 2a) Se*t)o% -+ 7earing. � After the co%%ent is file&# or after the e.piration of the perio& for its filin'# the application shall be set for hearin' not %ore than three (2) &ays thereafter. +he facts in issue shall be prove& in the sa%e %anner as is provi&e& for evi&ence on %otions. (1a) Se*t)o% .+ )rder. � +he court shall &eter%ine provisionally the pertinent facts# an& shall ren&er such or&ers as /ustice an& e<uity %ay re<uire# havin' the re'ar& to the probable outco%e of the case an& such other circu%stances as %ay ai& in the proper resolution of the <uestion involve&. !f the application is 'rante&# the court shall fi. the a%ount of %oney to be provisionally pai& or such other for%s of support as shoul& be provi&e&# takin' into account the necessities of the applicant an& the resources or %eans of the a&verse party# an& the ter%s of pay%ent or %o&e for provi&in' the support. !f the application is &enie&# the principal case shall be trie& an& &eci&e& as early as possible. (5a) Se*t)o% /+ 0nfor&ement of order. � !f the a&verse party fails to co%ply (ith an or&er 'rantin' support pendente lite# the court shall# motu proprio or upon %otion5 issue an or&er of e.ecution a'ainst hi%# (ithout pre/u&ice to his liability for conte%pt. (3a) 6hen the person or&ere& to 'ive support pendente lite refuses or fails to &o so# any thir& person (ho furnishe& that support to the applicant %ay# after &ue notice an& hearin' in the sa%e case obtain a (rit of e.ecution to enforce his ri'ht of rei%burse%ent a'ainst the person or&ere& to provi&e such support. (h) Se*t)o% 0+ Support in &riminal &ases. � !n cri%inal actions (here the civil liability inclu&es support for the offsprin' as a conse<uence of the cri%e an& the civil aspect thereof has not been (aive&# reserve& an& institute& prior to its filin'# the accuse& %ay be or&ere& to provi&e support pendente lite to the chil& born to the offen&e& party alle'e&ly because of the cri%e. +he application therefor %ay be file& successively by the offen&e& party# her parents# 'ran&parents or 'uar&ian an& the $tate in the correspon&in' cri%inal case &urin' its pen&ency# in accor&ance (ith the proce&ure establishe& un&er this ,ule. (n) Se*t)o% 7+ Restitution. � 6hen the /u&'%ent or final or&er of the court fin&s that the person (ho has been provi&in' support pendente lite is not liable therefor# it shall or&er the recipient thereof to return to the for%er the a%ounts alrea&y pai& (ith le'al interest fro% the &ates of actual pay%ent# (ithout pre/u&ice to the ri'ht of the recipient to obtain rei%burse%ent in a separate action fro% the person le'ally obli'e& to 'ive the support. $houl& the recipient fail to rei%burse sai& a%ounts# the person (ho provi&e& the sa%e %ay like(ise seek rei%burse%ent thereof in a separate action fro% the person le'ally obli'e& to 'ive such support. (n)

S9e*)&' C)()' A*t)o%s

88

RULE 0, I%ter9'e&1er Se*t)o% 1+ ,hen interpleader proper. � 6henever conflictin' clai%s upon the sa%e sub/ect %atter are or %ay be %a&e a'ainst a person (ho clai%s no interest (hatever in the sub/ect %atter# or an interest (hich in (hole or in part is not &ispute& by the clai%ants# he %ay brin' an action a'ainst the conflictin' clai%ants to co%pel the% to interplea& an& liti'ate their several clai%s a%on' the%selves. (-a# ,32) Se*t)o% ,+ )rder. � :pon the filin' of the co%plaint# the court shall issue an or&er re<uirin' the conflictin' clai%ants to interplea& (ith one another. !f the interests of /ustice so re<uire# the court %ay &irect in such or&er that the sub/ect %atter be pai& or &elivere& to the court. (2a# ,32) Se*t)o% -+ Summons. � $u%%ons shall be serve& upon the conflictin' clai%ants# to'ether (ith a copy of the co%plaint an& or&er. (2# ,32) Se*t)o% .+ Motion to dismiss. � 6ithin the ti%e for filin' an ans(er# each clai%ant %ay file a %otion to &is%iss on the 'roun& of i%propriety of the interplea&er action or on other appropriate 'roun&s specifie& in ,ule -3. +he perio& to file the ans(er shall be tolle& an& if the %otion is &enie&# the %ovant %ay file his ans(er (ithin the re%ainin' perio&# but (hich shall not be less than five (5) &ays in any event# reckone& fro% notice of &enial. (n) Se*t)o% /+ Ans%er and other pleadings. � 4ach clai%ant shall file his ans(er settin' forth his clai% (ithin fifteen (-5) &ays fro% service of the su%%ons upon hi%# servin' a copy thereof upon each of the other conflictin' clai%ants (ho %ay file their reply thereto as provi&e& by these ,ules. !f any clai%ant fails to plea& (ithin the ti%e herein fi.e&# the court %ay# on %otion# &eclare hi% in &efault an& thereafter ren&er /u&'%ent barrin' hi% fro% any clai% in respect to the sub/ect %atter. +he parties in an interplea&er action %ay file counterclai%s# cross9clai%s# thir&9party co%plaints an& responsive plea&in's thereto# as provi&e& by these ,ules. (1a# ,32) Se*t)o% 0+ 1etermination. � After the plea&in's of the conflictin' clai%ants have been file&# an& pre9trial has been con&ucte& in accor&ance (ith the ,ules# the court shall procee& to &eter%ine their respective ri'hts an& a&/u&icate their several clai%s. (5a# ,32) Se*t)o% 7+ 1o&/et and other la%ful fees# &osts and litigation e2penses as liens. � +he &ocket an& other la(ful fees pai& by the party (ho file& a co%plaint un&er this ,ule# as (ell as the costs an& liti'ation e.penses# shall constitute a lien or chan'e upon the sub/ect %atter of the action# unless the court shall or&er other(ise. (3a# ,32)

RULE 0De*'&r&tor2 Re')ef &%1 S)5)'&r Re5e1)es Se*t)o% 1+ ,ho may file petition. � Any person intereste& un&er a &ee&# (ill# contract or other (ritten instru%ent# or (hose ri'hts are affecte& by a statute# e.ecutive or&er or re'ulation# or&inance# or any other 'overn%ental re'ulation %ay# before breach or violation thereof brin' an action in the appropriate ,e'ional +rial "ourt to &eter%ine any <uestion of construction or vali&ity

89

arisin'# an& for a &eclaration of his ri'hts or &uties# thereun&er. ()ar Matter ?o. 802# -= @ebruary ->>8) An action for the refor%ation of an instru%ent# to <uiet title to real property or re%ove clou&s therefro%# or to consoli&ate o(nership un&er Article -30= of the "ivil "o&e# %ay be brou'ht un&er this ,ule. (-a# ,31) Se*t)o% ,+ Parties. � All persons (ho have or clai% any interest (hich (oul& be affecte& by the &eclaration shall be %a&e parties5 an& no &eclaration shall# e.cept as other(ise provi&e& in these ,ules# pre/u&ice the ri'hts of persons not parties to the action. (2a# ,31) Se*t)o% -+ Noti&e on Soli&itor 3eneral. � !n any action (hich involves the vali&ity of a statute# e.ecutive or&er or re'ulation# or any other 'overn%ental re'ulation# the $olicitor Aeneral shall be notifie& by the party assailin' the sa%e an& shall be entitle& to be hear& upon such <uestion. (2a# ,31) Se*t)o% .+ ;o&al go(ernment ordinan&es. � !n any action involvin' the vali&ity of a local 'overn%ent or&inance# the correspon&in' prosecutor or attorney of the local 'overn%ental unit involve& shall be si%ilarly notifie& an& entitle& to be hear&. !f such or&inance is alle'e& to be unconstitutional# the $olicitor Aeneral shall also be notifie& an& entitle& to be hear&. (1a# ,31) Se*t)o% /+ Court a&tion dis&retionary. � 4.cept in actions fallin' un&er the secon& para'raph of section - of this ,ule# the court# motu proprio or upon %otion# %ay refuse to e.ercise the po(er to &eclare ri'hts an& to construe instru%ents in any case (here a &ecision (oul& not ter%inate the uncertainty or controversy (hich 'ave rise to the action# or in any case (here the &eclaration or construction is not necessary an& proper un&er the circu%stances. (5a# ,31) Se*t)o% 0+ Con(ersion into ordinary a&tion. � !f before the final ter%ination of the case# a breach or violation of an instru%ent or a statute# e.ecutive or&er or re'ulation# or&inance# or any other 'overn%ental re'ulation shoul& take place# the action %ay thereupon be converte& into an or&inary action# an& the parties shall be allo(e& to file such plea&in's as %ay be necessary or proper. (3a# ,31)

RULE 0. Re()e> of "u165e%ts &%1 F)%&' Or1ers or Reso'ut)o%s of the Co55)ss)o% o% E'e*t)o%s &%1 the Co55)ss)o% o% Au1)t Se*t)o% 1+ S&ope. � +his ,ule shall 'overn the revie( of /u&'%ents an& final or&ers or resolutions of the "o%%ission on 4lections an& the "o%%ission on Au&it. (n) Se*t)o% ,+ Mode of re(ie%. � A /u&'%ent or final or&er or resolution of the "o%%ission on 4lections an& the "o%%ission on Au&it %ay be brou'ht by the a''rieve& party to the $upre%e "ourt on &ertiorari un&er ,ule 35# e.cept as hereinafter provi&e&. (n5 )ar Matter ?o. 802# -= @ebruary ->>8) Se*t)o% -+ #ime to file petition. � +he petition shall be file& (ithin thirty (20) &ays fro% notice of the /u&'%ent or final or&er or resolution sou'ht to be revie(e&. +he filin' of a %otion for ne( trial or reconsi&eration of sai& /u&'%ent or final or&er or resolution# if allo(e& un&er the proce&ural rules of the "o%%ission concerne&# shall interrupt the perio& herein fi.e&. !f the %otion is &enie&# the a''rieve& party %ay file the petition (ithin the re%ainin' perio&# but (hich shall not be less than five (5) &ays in any event# reckone& fro% notice of &enial. (n)

90

Se*t)o% .+ 1o&/et and other la%ful fees. � :pon the filin' of the petition# the petitioner shall pay to the clerk of court the &ocket an& other la(ful fees an& &eposit the a%ount of P500.00 for costs. (n) Se*t)o% /+ 8orm and &ontents of petition. � +he petition shall be verifie& an& file& in ei'hteen (-8) le'ible copies. +he petition shall na%e the a''rieve& party as petitioner an& shall /oin as respon&ents the "o%%ission concerne& an& the person or persons intereste& in sustainin' the /u&'%ent# final or&er or resolution a :uo. +he petition shall state the facts (ith certainty# present clearly the issues involve&# set forth the 'roun&s an& brief ar'u%ents relie& upon for revie(# an& pray for /u&'%ent annullin' or %o&ifyin' the <uestione& /u&'%ent# final or&er or resolution. @in&in's of fact of the "o%%ission supporte& by substantial evi&ence shall be final an& non9revie(able. +he petition shall be acco%panie& by a clearly le'ible &uplicate ori'inal or certifie& true copy of the /u&'%ent# final or&er or resolution sub/ect thereof# to'ether (ith certifie& true copies of such %aterial portions of the recor& as are referre& to therein an& other &ocu%ents relevant an& pertinent thereto. +he re<uisite nu%ber of copies of the petition shall contain plain copies of all &ocu%ents attache& to the ori'inal copy of sai& petition. +he petition shall state the specific %aterial &ates sho(in' that it (as file& (ithin the perio& fi.e& herein# an& shall contain a s(orn certification a'ainst foru% shoppin' as provi&e& in the thir& para'raph of section 2# ,ule 13. +he petition shall further be acco%panie& by proof of service of a copy thereof on the "o%%ission concerne& an& on the a&verse party# an& of the ti%ely pay%ent of &ocket an& other la(ful fees. +he failure of petitioner to co%ply (ith any of the fore'oin' re<uire%ents shall be sufficient 'roun& for the &is%issal of the petition. (n) Se*t)o% 0+ )rder to &omment. � !f the $upre%e "ourt fin&s the petition sufficient in for% an& substance# it shall or&er the respon&ents to file their co%%ents on the petition (ithin ten (-0) &ays fro% notice thereof5 other(ise# the "ourt %ay &is%iss the petition outri'ht. +he "ourt %ay also &is%iss the petition if it (as file& %anifestly for &elay or the <uestions raise& are too unsubstantial to (arrant further procee&in's. (n) Se*t)o% 7+ Comments of respondents. � +he co%%ents of the respon&ents shall be file& in ei'hteen (-8) le'ible copies. +he ori'inal shall be acco%panie& by certifie& true copies of such %aterial portions of the recor& as are referre& to therein to'ether (ith other supportin' papers. +he re<uisite nu%ber of copies of the co%%ents shall contain plain copies of all &ocu%ents attache& to the ori'inal an& a copy thereof shall be serve& on the petitioner. ?o other plea&in' %ay be file& by any party unless re<uire& or allo(e& by the "ourt. (n) Se*t)o% 3+ 0ffe&t of filing. � +he filin' of a petition for &ertiorari shall not stay the e.ecution of the /u&'%ent or final or&er or resolution sou'ht to be revie(e&# unless the $upre%e "ourt shall &irect other(ise upon such ter%s as it %ay &ee% /ust. (n) Se*t)o% 9+ Su'mission for de&ision. � :nless the "ourt sets the case for oral ar'u%ent# or re<uires the parties to sub%it %e%oran&a# the case shall be &ee%e& sub%itte& for &ecision upon the filin' of the co%%ents on the petition# or of such other plea&in's or papers as %ay be re<uire& or allo(e&# or the e.piration of the perio& to &o so. (n)

RULE 0/

91

Certiorari, Proh)<)t)o% &%1 M&%1&5us Se*t)o% 1+ Petition for &ertiorari. � 6hen any tribunal# boar& or officer e.ercisin' /u&icial or <uasi9 /u&icial functions has acte& (ithout or in e.cess its or his /uris&iction# or (ith 'rave abuse of &iscretion a%ountin' to lack or e.cess of /uris&iction# an& there is no appeal# or any plain# spee&y# an& a&e<uate re%e&y in the or&inary course of la(# a person a''rieve& thereby %ay file a verifie& petition in the proper court# alle'in' the facts (ith certainty an& prayin' that /u&'%ent be ren&ere& annullin' or %o&ifyin' the procee&in's of such tribunal# boar& or officer# an& 'rantin' such inci&ental reliefs as la( an& /ustice %ay re<uire. +he petition shall be acco%panie& by a certifie& true copy of the /u&'%ent# or&er or resolution sub/ect thereof# copies of all plea&in's an& &ocu%ents relevant an& pertinent thereto# an& a s(orn certification of non9foru% shoppin' as provi&e& in the thir& para'raph of section 2# ,ule 13. (-a) Se*t)o% ,+ Petition for prohi'ition. � 6hen the procee&in's of any tribunal# corporation# boar&# officer or person# (hether e.ercisin' /u&icial# <uasi9/u&icial or %inisterial functions# are (ithout or in e.cess of its or his /uris&iction# or (ith 'rave abuse of &iscretion a%ountin' to lack or e.cess of /uris&iction# an& there is no appeal or any other plain# spee&y# an& a&e<uate re%e&y in the or&inary course of la(# a person a''rieve& thereby %ay file a verifie& petition in the proper court# alle'in' the facts (ith certainty an& prayin' that /u&'%ent be ren&ere& co%%an&in' the respon&ent to &esist fro% further procee&in's in the action or %atter specifie& therein# or other(ise 'rantin' such inci&ental reliefs as la( an& /ustice %ay re<uire. +he petition shall like(ise be acco%panie& by a certifie& true copy of the /u&'%ent# or&er or resolution sub/ect thereof# copies of all plea&in's an& &ocu%ents relevant an& pertinent thereto# an& a s(orn certification of non9foru% shoppin' as provi&e& in the thir& para'raph of section 2# ,ule 13. (2a) Se*t)o% -+ Petition for mandamus. � 6hen any tribunal# corporation# boar&# officer or person unla(fully ne'lects the perfor%ance of an act (hich the la( specifically en/oins as a &uty resultin' fro% an office# trust# or station# or unla(fully e.clu&es another fro% the use an& en/oy%ent of a ri'ht or office to (hich such other is entitle&# an& there is no other plain# spee&y an& a&e<uate re%e&y in the or&inary course of la(# the person a''rieve& thereby %ay file a verifie& petition in the proper court# alle'in' the facts (ith certainty an& prayin' that /u&'%ent be ren&ere& co%%an&in' the respon&ent# i%%e&iately or at so%e other ti%e to be specifie& by the court# to &o the act re<uire& to be &one to protect the ri'hts of the petitioner# an& to pay the &a%a'es sustaine& by the petitioner by reason of the (ron'ful acts of the respon&ent. +he petition shall also contain a s(orn certification of non9foru% shoppin' as provi&e& in the thir& para'raph of section 2# ,ule 13. (2a) Se*t)o% .+ ,hen and %here petition filed. � +he petition shall be file& not later than si.ty (30) &ays fro% notice of the /u&'%ent# or&er or resolution. !n case a %otion for reconsi&eration or ne( trial is ti%ely file&# (hether such %otion is re<uire& or not# the si.ty (30) &ay perio& shall be counte& fro% notice of the &enial of sai& %otion. +he petition shall be file& in the $upre%e "ourt or# if it relates to the acts or o%issions of a lo(er court or of a corporation# boar&# officer or person# in the ,e'ional +rial "ourt e.ercisin' /uris&iction over the territorial area as &efine& by the $upre%e "ourt. !t %ay also be file& in the "ourt of Appeals (hether or not the sa%e is in ai& of its appellate /uris&iction# or in the $an&i'anbayan if it is in ai& of its appellate /uris&iction. !f it involves the acts or o%issions of a <uasi9/u&icial a'ency# unless other(ise provi&e& by la( or these ,ules# the petition shall be file& in an& co'ni0able only by the "ourt of Appeals.

92

?o e.tension of ti%e to file the petition shall be 'rante& e.cept for co%pellin' reason an& in no case e.cee&in' fifteen (-5) &ays. (1a) ()ar Matter ?o. 802# 2- July ->>85 A.M. ?o. 00929029$") Se*t)o% /+ Respondents and &osts in &ertain &ases. � 6hen the petition file& relates to the acts or o%issions of a /u&'e# court# <uasi9/u&icial a'ency# tribunal# corporation# boar&# officer or person# the petitioner shall /oin# as private respon&ent or respon&ents (ith such public respon&ent or respon&ents# the person or persons intereste& in sustainin' the procee&in's in the court5 an& it shall be the &uty of such private respon&ents to appear an& &efen&# both in his or their o(n behalf an& in behalf of the public respon&ent or respon&ents affecte& by the procee&in's# an& the costs a(ar&e& in such procee&in's in favor of the petitioner shall be a'ainst the private respon&ents only# an& not a'ainst the /u&'e# court# <uasi9/u&icial a'ency# tribunal# corporation# boar&# officer or person i%plea&e& as public respon&ent or respon&ents. :nless other(ise specifically &irecte& by the court (here the petition is pen&in'# the public respon&ents shall not appear in or file an ans(er or co%%ent to the petition or any plea&in' therein. !f the case is elevate& to a hi'her court by either party# the public respon&ents shall be inclu&e& therein as no%inal parties. ;o(ever# unless other(ise specifically &irecte& by the court# they shall not appear or participate in the procee&in's therein. (5a) Se*t)o% 0+ )rder to &omment. � !f the petition is sufficient in for% an& substance to /ustify such process# the court shall issue an or&er re<uirin' the respon&ent or respon&ents to co%%ent on the petition (ithin ten (-0) &ays fro% receipt of a copy thereof. $uch or&er shall be serve& on the respon&ents in such %anner as the court %ay &irect to'ether (ith a copy of the petition an& any anne.es thereto. !n petitions for &ertiorari before the $upre%e "ourt an& the "ourt of Appeals# the provisions of section 2# ,ule 53# shall be observe&. )efore 'ivin' &ue course thereto# the court %ay re<uire the respon&ents to file their co%%ent to# an& not a %otion to &is%iss# the petition. +hereafter# the court %ay re<uire the filin' of a reply an& such other responsive or other plea&in's as it %ay &ee% necessary an& proper. (3a) Se*t)o% 7+ 02pediting pro&eedings5 in+un&ti(e relief. � +he court in (hich the petition is file& %ay issue or&ers e.pe&itin' the procee&in's# an& it %ay also 'rant a te%porary restrainin' or&er or a (rit of preli%inary in/unction for the preservation of the ri'hts of the parties pen&in' such procee&in's. +he petition shall not interrupt the course of the principal case unless a te%porary restrainin' or&er or a (rit of preli%inary in/unction has been issue& a'ainst the public respon&ent fro% further procee&in' in the case. (=a) Se*t)o% 3+ Pro&eedings after &omment is filed. � After the co%%ent or other plea&in's re<uire& by the court are file&# or the ti%e for the filin' thereof has e.pire&# the court %ay hear the case or re<uire the parties to sub%it %e%oran&a. !f after such hearin' or sub%ission of %e%oran&a or the e.piration of the perio& for the filin' thereof the court fin&s that the alle'ations of the petition are true# it shall ren&er /u&'%ent for the relief praye& for or to (hich the petitioner is entitle&. +he court# ho(ever# %ay &is%iss the petition if it fin&s the sa%e to be patently (ithout %erit# prosecute& %anifestly for &elay# or that the <uestions raise& therein are too unsubstantial to re<uire consi&eration. (8a) Se*t)o% 9+ Ser(i&e and enfor&ement of order or +udgment. � A certifie& copy of the /u&'%ent ren&ere& in accor&ance (ith the last prece&in' section shall be serve& upon the court# <uasi9/u&icial a'ency# tribunal# corporation# boar&# officer or person concerne& in such %anner as the court %ay &irect# an& &isobe&ience thereto shall be punishe& as conte%pt. An e.ecution %ay issue for any &a%a'es or costs a(ar&e& in accor&ance (ith section - of ,ule 2>. (>a)

93

RULE 00 Quo Warranto Se*t)o% 1+ A&tion 'y 3o(ernment against indi(iduals. � An action for the usurpation of a public office# position or franchise %ay be co%%ence& by a verifie& petition brou'ht in the na%e of the ,epublic of the Philippines a'ainst* (a) A person (ho usurps# intru&es into# or unla(fully hol&s or e.ercises a public office# position or franchise5 (b) A public officer (ho &oes or suffers an act (hich# by the provision of la(# constitutes a 'roun& for the forfeiture of his office5 or (c) An association (hich acts as a corporation (ithin the Philippines (ithout bein' le'ally incorporate& or (ithout la(ful authority so to act. (-a) Se*t)o% ,+ ,hen Soli&itor 3eneral or pu'li& prose&utor must &ommen&e a&tion. � +he $olicitor Aeneral or a public prosecutor# (hen &irecte& by the Presi&ent of the Philippines# or (hen upon co%plaint or other(ise he has 'oo& reason to believe that any case specifie& in the prece&in' section can be establishe& by proof# %ust co%%ence such action. (2a) Se*t)o% -+ ,hen Soli&itor 3eneral or pu'li& prose&utor may &ommen&e a&tion %ith permission of &ourt. � +he $olicitor Aeneral or a public prosecutor %ay# (ith the per%ission of the court in (hich the action is to be co%%ence&# brin' such an action at the re<uest an& upon the relation of another person5 but in such case the officer brin'in' it %ay first re<uire an in&e%nity for the e.penses an& costs of the action in an a%ount approve& by an& to be &eposite& in the court by the person at (hose re<uest an& upon (hose relation the sa%e is brou'ht. (1a) Se*t)o% .+ ,hen hearing had on appli&ation for permission to &ommen&e a&tion . � :pon application for per%ission to co%%ence such action in accor&ance (ith the ne.t prece&in' section# the court shall &irect that notice be 'iven to the respon&ent so that he %ay be hear& in opposition thereto5 an& if per%ission is 'rante&# the court shall issue an or&er to that effect# copies of (hich shall be serve& on all intereste& parties# an& the petition shall then be file& (ithin the perio& or&ere& by the court. (5a) Se*t)o% /+ ,hen an indi(idual may &ommen&e su&h an a&tion . � A person clai%in' to be entitle& to a public office or position usurpe& or unla(fully hel& or e.ercise& by another %ay brin' an action therefor in his o(n na%e. (3) Se*t)o% 0+ Parties and &ontents of petition against usurpation. � 6hen the action is a'ainst a person for usurpin' a public office# position or franchise# the petition shall set forth the na%e of the person (ho clai% to be entitle& thereto# if any# (ith an aver%ent of his ri'ht to the sa%e an& that the respon&ent is unla(fully in possession thereof. All persons (ho clai% to be entitle& to the public office# position or franchise %ay be %a&e parties# an& their respective ri'hts to such public office# position or franchise &eter%ine&# in the sa%e action. (=a) Se*t)o% 7+ 4enue. � An action un&er the prece&in' si. sections can be brou'ht only in the $upre%e "ourt# the "ourt of Appeals# or in the ,e'ional +rial "ourt e.ercisin' /uris&iction over the territorial area (here the respon&ent or any of the respon&ents resi&es# but (hen the $olicitor Aeneral co%%ences the action# it %ay be brou'ht in a ,e'ional +rial "ourt in the "ity of Manila# in the "ourt of Appeals# or in the $upre%e "ourt. (8a)

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Se*t)o% 3+ Period for pleadings and pro&eedings may 'e redu&ed 5 a&tion gi(en pre&eden&e. � +he court %ay re&uce the perio& provi&e& by these ,ules for filin' plea&in's an& for all other procee&in's in the action in or&er to secure the %ost e.pe&itious &eter%ination of the %atters involve& therein consistent (ith the ri'hts of the parties. $uch action %ay be 'iven prece&ence over any other civil %atter pen&in' in the court. (>a) Se*t)o% 9+ *udgment %here usurpation found. � 6hen the respon&ent is foun& 'uilty of usurpin' into# intru&in' into# or unla(fully hol&in' or e.ercisin' a public office# position or franchise# /u&'%ent shall be ren&ere& that such respon&ent be ouste& an& alto'ether e.clu&e& therefro%# an& that the petitioner or relator# as the case %ay be# recover his costs. $uch further /u&'%ent %ay be ren&ere& &eter%inin' the respective ri'hts in an& to the public office# position or franchise of all the parties to the action as /ustice re<uires. (-0a) Se*t)o% 14+ Rights of persons ad+udged entitled to pu'li& offi&e5 deli(ery of 'oo/s and papers5 damages. � !f /u&'%ent be ren&ere& in favor of the person averre& in the co%plaint to be entitle& to the public office he %ay# after takin' the oath of office an& e.ecutin' any official bon& re<uire& by la(# take upon hi%self the e.ecution of the office# an& %ay i%%e&iately thereafter &e%an& of the respon&ent all the books an& papers in the respon&entDs custo&y or control appertainin' to the office to (hich the /u&'%ent relates. !f the respon&ent refuses or ne'lects to &eliver any book or paper pursuant to such &e%an&# he %ay be punishe& for conte%pt as havin' &isobeye& a la(ful or&er of the court. +he person a&/u&'e& entitle& to the office %ay also brin' action a'ainst the respon&ent to recover the &a%a'es sustaine& by such person by reason of the usurpation. (-5a) Se*t)o% 11+ ;imitations. � ?othin' containe& in this ,ule shall be construe& to authori0e an action a'ainst a public officer or e%ployee for his ouster fro% office unless the sa%e be co%%ence& (ithin one (-) year after the cause of such ouster# or the ri'ht of the petitioner to hol& such office or position# arose# nor to authori0e an action for &a%a'es in accor&ance (ith the provisions of the ne.t prece&in' section unless the sa%e be co%%ence& (ithin one (-) year after the entry of the /u&'%ent establishin' the petitionerDs ri'ht to the office in <uestion. (-3a) Se*t)o% 1,+ *udgment for &osts. � !n an action brou'ht in accor&ance (ith the provisions of this ,ule# the court %ay ren&er /u&'%ent for costs a'ainst either the petitioner# the relator# or the respon&ent# or the person or persons clai%in' to be a corporation# or %ay apportion the costs# as /ustice re<uires. (-=a)

RULE 07 E=9ro9r)&t)o% Se*t)o% 1+ #he &omplaint. � +he ri'ht of e%inent &o%ain shall be e.ercise& by the filin' of a verifie& co%plaint (hich shall state (ith certainty the ri'ht an& purpose of e.propriation# &escribe the real or personal property sou'ht to be e.propriate&# an& /oin as &efen&ants all persons o(nin' or clai%in' to o(n# or occupyin'# any part thereof or interest therein# sho(in'# so far as practicable# the separate interest of each &efen&ant. !f the title to any property sou'ht to be e.propriate& appears to be in the ,epublic of the Philippines# althou'h occupie& by private in&ivi&uals# or if the title is other(ise obscure or &oubtful so that the plaintiff cannot (ith accuracy or certainty specify (ho are the real o(ners# aver%ent to that effect shall be %a&e in the co%plaint. (-a) Se*t)o% ,+ 0ntry of plaintiff upon depositing (alue %ith authori9ed go(ernment depositary . � :pon the filin' of the co%plaint or at any ti%e thereafter an& after &ue notice to the &efen&ant# the plaintiff shall have the ri'ht to take or enter upon the possession of the real property involve& if he &eposits (ith the authori0e& 'overn%ent &epositary an a%ount e<uivalent to the assesse& value of

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the property for purposes of ta.ation to be hel& by such bank sub/ect to the or&ers of the court. $uch &eposit shall be in %oney# unless in lieu thereof the court authori0es the &eposit of a certificate of &eposit of a 'overn%ent bank of the ,epublic of the Philippines payable on &e%an& to the authori0e& 'overn%ent &epositary. !f personal property is involve&# its value shall be provisionally ascertaine& an& the a%ount to be &eposite& shall be pro%ptly fi.e& by the court. After such &eposit is %a&e the court shall or&er the sheriff or other proper officer to forth(ith place the plaintiff in possession of the property involve& an& pro%ptly sub%it a report thereof to the court (ith service of copies to the parties. (2a) Se*t)o% -+ 1efenses and o'+e&tions. � !f a &efen&ant has no ob/ection or &efense to the action or the takin' of his property# he %ay file an& serve a notice of appearance an& a %anifestation to that effect# specifically &esi'natin' or i&entifyin' the property in (hich he clai%s to be intereste&# (ithin the ti%e state& in the su%%ons. +hereafter# he shall be entitle& to notice of all procee&in's affectin' the sa%e. !f a &efen&ant has any ob/ection to the filin' of or the alle'ations in the co%plaint# or any ob/ection or &efense to the takin' of his property# he shall serve his ans(er (ithin the ti%e state& in the su%%ons. +he ans(er shall specifically &esi'nate or i&entify the property in (hich he clai%s to have an interest# state the nature an& e.tent of the interest clai%e&# an& a&&uce all his ob/ections an& &efenses to the takin' of his property. ?o counterclai%# cross9clai% or thir&9party co%plaint shall be alle'e& or allo(e& in the ans(er or any subse<uent plea&in'. A &efen&ant (aives all &efenses an& ob/ections not so alle'e& but the court# in the interest of /ustice# %ay per%it a%en&%ents to the ans(er to be %a&e not later than ten (-0) &ays fro% the filin' thereof. ;o(ever# at the trial of the issue of /ust co%pensation (hether or not a &efen&ant has previously appeare& or ans(ere&# he %ay present evi&ence as to the a%ount of the co%pensation to be pai& for his property# an& he %ay share in the &istribution of the a(ar&. (n) Se*t)o% .+ )rder of e2propriation. � !f the ob/ections to an& the &efenses a'ainst the ri'ht of the plaintiff to e.propriate the property are overrule&# or (hen no party appears to &efen& as re<uire& by this ,ule# the court %ay issue an or&er of e.propriation &eclarin' that the plaintiff has a la(ful ri'ht to take the property sou'ht to be e.propriate&# for the public use or purpose &escribe& in the co%plaint# upon the pay%ent of /ust co%pensation to be &eter%ine& as of the &ate of the takin' of the property or the filin' of the co%plaint# (hichever ca%e first. A final or&er sustainin' the ri'ht to e.propriate the property %ay be appeale& by any party a''rieve& thereby. $uch appeal# ho(ever# shall not prevent the court fro% &eter%inin' the /ust co%pensation to be pai&. After the ren&ition of such an or&er# the plaintiff shall not be per%itte& to &is%iss or &iscontinue the procee&in' e.cept on such ter%s as the court &ee%s /ust an& e<uitable. (1a) Se*t)o% /+ As&ertainment of &ompensation. � :pon the ren&ition of the or&er of e.propriation# the court shall appoint not %ore than three (2) co%petent an& &isintereste& persons as co%%issioners to ascertain an& report to the court the /ust co%pensation for the property sou'ht to be taken. +he or&er of appoint%ent shall &esi'nate the ti%e an& place of the first session of the hearin' to be hel& by the co%%issioners an& specify the ti%e (ithin (hich their report shall be sub%itte& to the court. "opies of the or&er shall be serve& on the parties. 7b/ections to the appoint%ent of any of the co%%issioners shall be file& (ith the court (ithin ten (-0) &ays fro% service# an& shall be resolve& (ithin thirty (20) &ays after all the co%%issioners shall have receive& copies of the ob/ections. (5a)

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Se*t)o% 0+ Pro&eedings 'y &ommissioners. � )efore enterin' upon the perfor%ance of their &uties# the co%%issioners shall take an& subscribe an oath that they (ill faithfully perfor% their &uties as co%%issioners# (hich oath shall be file& in court (ith the other procee&in's in the case. 4vi&ence %ay be intro&uce& by either party before the co%%issioners (ho are authori0e& to a&%inister oaths on hearin's before the%# an& the co%%issioners shall# unless the parties consent to the contrary# after &ue notice to the parties# to atten&# vie( an& e.a%ine the property sou'ht to be e.propriate& an& its surroun&in's# an& %ay %easure the sa%e# after (hich either party %ay# by hi%self or counsel# ar'ue the case. +he co%%issioners shall assess the conse<uential &a%a'es to the property not taken an& &e&uct fro% such conse<uential &a%a'es the conse<uential benefits to be &erive& by the o(ner fro% the public use or purpose of the property taken# the operation of its franchise by the corporation or the carryin' on of the business of the corporation or person takin' the property. )ut in no case shall the conse<uential benefits assesse& e.cee& the conse<uential &a%a'es assesse&# or the o(ner be &eprive& of the actual value of his property so taken. (3a) Se*t)o% 7+ Report 'y &ommissioners and +udgment thereupon. � +he court %ay or&er the co%%issioners to report (hen any particular portion of the real estate shall have been passe& upon by the%# an& %ay ren&er /u&'%ent upon such partial report# an& &irect the co%%issioners to procee& (ith their (ork as to subse<uent portions of the property sou'ht to be e.propriate&# an& %ay fro% ti%e to ti%e so &eal (ith such property. +he co%%issioners shall %ake a full an& accurate report to the court of all their procee&in's# an& such procee&in's shall not be effectual until the court shall have accepte& their report an& ren&ere& /u&'%ent in accor&ance (ith their reco%%en&ations. 4.cept as other(ise e.pressly or&ere& by the court# such report shall be file& (ithin si.ty (30) &ays fro% the &ate the co%%issioners (ere notifie& of their appoint%ent# (hich ti%e %ay be e.ten&e& in the &iscretion of the court. :pon the filin' of such report# the clerk of the court shall serve copies thereof on all intereste& parties# (ith notice that they are allo(e& ten (-0) &ays (ithin (hich to file ob/ections to the fin&in's of the report# if they so &esire. (=a) Se*t)o% 3+ A&tion upon &ommissionersD report. � :pon the e.piration of the perio& of ten (-0) &ays referre& to in the prece&in' section# or even before the e.piration of such perio& but after all the intereste& parties have file& their ob/ections to the report or their state%ent of a'ree%ent there(ith# the court %ay# after hearin'# accept the report an& ren&er /u&'%ent in accor&ance there(ith# or# for cause sho(n# it %ay reco%%it the sa%e to the co%%issioners for further report of facts# or it %ay set asi&e the report an& appoint ne( co%%issioners5 or it %ay accept the report in part an& re/ect it in part an& it %ay %ake such or&er or ren&er such /u&'%ent as shall secure to the plaintiff the property essential to the e.ercise of his ri'ht of e.propriation# an& to the &efen&ant /ust co%pensation for the property so taken. (8a) Se*t)o% 9+ .n&ertain o%nership5 &onfli&ting &laims. � !f the o(nership of the property taken is uncertain# or there are conflictin' clai%s to any part thereof# the court %ay or&er any su% or su%s a(ar&e& as co%pensation for the property to be pai& to the court for the benefit of the person a&/u&'e& in the sa%e procee&in' to be entitle& thereto. )ut the /u&'%ent shall re<uire the pay%ent of the su% or su%s a(ar&e& to either the &efen&ant or the court before the plaintiff can enter upon the property# or retain it for the public use or purpose if entry has alrea&y been %a&e. (>a) Se*t)o% 14+ Rights of plaintiff after +udgment and payment. � :pon pay%ent by the plaintiff to the &efen&ant of the co%pensation fi.e& by the /u&'%ent# (ith le'al interest thereon fro% the takin' of the possession of the property# or after ten&er to hi% of the a%ount so fi.e& an& pay%ent of the costs# the plaintiff shall have the ri'ht to enter upon the property e.propriate& an& to appropriate it for the public use or purpose &efine& in the /u&'%ent# or to retain it shoul& he have taken i%%e&iate possession thereof un&er the provisions of section 2 hereof. !f the &efen&ant an& his counsel absent the%selves fro% the court# or &ecline to receive the a%ount ten&ere&# the sa%e shall be or&ere& to be &eposite& in court an& such &eposit shall have the sa%e effect as actual pay%ent thereof to the &efen&ant or the person ulti%ately a&/u&'e& entitle& thereto. (-0a)

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Se*t)o% 11+ 0ntry not delayed 'y appeal5 effe&t of re(ersal. � +he ri'ht of the plaintiff to enter upon the property of the &efen&ant an& appropriate the sa%e for public use or purpose shall not be &elaye& by an appeal fro% the /u&'%ent. )ut if the appellate court &eter%ines that plaintiff has no ri'ht of e.propriation# /u&'%ent shall be ren&ere& or&erin' the ,e'ional +rial "ourt to forth(ith enforce the restoration to the &efen&ant of the possession of the property# an& to &eter%ine the &a%a'es (hich the &efen&ant sustaine& an& %ay recover by reason of the possession taken by the plaintiff. (--a) Se*t)o% 1,+ Costs, 'y %hom paid. � +he fees of the co%%issioners shall be ta.e& as a part of the costs of the procee&in's. All costs# e.cept those of rival clai%ants liti'atin' their clai%s# shall be pai& by the plaintiff# unless an appeal is taken by the o(ner of the property an& the /u&'%ent is affir%e&# in (hich event the costs of the appeal shall be pai& by the o(ner. (-2a) Se*t)o% 1-+ Re&ording +udgment# and its effe&t. � +he /u&'%ent entere& in e.propriation procee&in's shall state &efinitely# by an a&e<uate &escription# the particular property or interest therein e.propriate&# an& the nature of the public use or purpose for (hich it is e.propriate&. 6hen real estate is e.propriate&# a certifie& copy of such /u&'%ent shall be recor&e& in the re'istry of &ee&s of the place in (hich the property is situate&# an& its effect shall be to vest in the plaintiff the title to the real estate so &escribe& for such public use or purpose. (-2a) Se*t)o% 1.+ Po%er of guardian in su&h pro&eedings. � +he 'uar&ian or 'uar&ian ad litem of a %inor or of a person /u&icially &eclare& to be inco%petent %ay# (ith the approval of the court first ha&# &o an& perfor% on behalf of his (ar& any act# %atter# or thin' respectin' the e.propriation for public use or purpose of property belon'in' to such %inor or person /u&icially &eclare& to be inco%petent# (hich such %inor or person /u&icially &eclare& to be inco%petent coul& &o in such procee&in's if he (ere of a'e or co%petent. (-1a)

RULE 03 Fore*'osure of Re&' Est&te Mort6&6e Se*t)o% 1+ Complaint in a&tion for fore&losure. � !n an action for the foreclosure of a %ort'a'e or other encu%brance upon real estate# the co%plaint shall set forth the &ate an& &ue e.ecution of the %ort'a'e5 its assi'n%ents# if any5 the na%es an& resi&ences of the %ort'a'or an& the %ort'a'ee5 a &escription of the %ort'a'e& property5 a state%ent of the &ate of the note or other &ocu%entary evi&ence of the obli'ation secure& by the %ort'a'e# the a%ount clai%e& to be unpai& thereon5 an& the na%es an& resi&ences of all persons havin' or clai%in' an interest in the property subor&inate in ri'ht to that of the hol&er of the %ort'a'e# all of (ho% shall be %a&e &efen&ants in the action. (-a) Se*t)o% ,+ *udgment on fore&losure for payment or sale. � !f upon the trial in such action the court shall fin& the facts set forth in the co%plaint to be true# it shall ascertain the a%ount &ue to the plaintiff upon the %ort'a'e &ebt or obli'ation# inclu&in' interest an& other char'es as approve& by the court# an& costs# an& shall ren&er /u&'%ent for the su% so foun& &ue an& or&er that the sa%e be pai& to the court or to the /u&'%ent obli'ee (ithin a perio& of not less than ninety (>0) &ays nor %ore than one hun&re& t(enty (-20) &ays fro% the entry of /u&'%ent# an& that in &efault of such pay%ent the property shall be sol& at public auction to satisfy the /u&'%ent. (2a) Se*t)o% -+ Sale of mortgaged property5 effe&t. � 6hen the &efen&ant# after bein' &irecte& to &o so as provi&e& in the ne.t prece&in' section# fails to pay the a%ount of the /u&'%ent (ithin the perio& specifie& therein# the court# upon %otion# shall or&er the property to be sol& in the %anner an& un&er the provisions of ,ule 2> an& other re'ulations 'overnin' sales of real estate un&er e.ecution. $uch sale shall not affect the ri'hts of persons hol&in' prior encu%brances upon the property or a

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part thereof# an& (hen confir%e& by an or&er of the court# also upon %otion# it shall operate to &ivest the ri'hts in the property of all the parties to the action an& to vest their ri'hts in the purchaser# sub/ect to such ri'hts of re&e%ption as %ay be allo(e& by la(. :pon the finality of the or&er of confir%ation or upon the e.piration of the perio& of re&e%ption (hen allo(e& by la(# the purchaser at the auction sale or last re&e%ptioner# if any# shall be entitle& to the possession of the property unless a thir& party is actually hol&in' the sa%e a&versely to the /u&'%ent obli'or. +he sai& purchaser or last re&e%ptioner %ay secure a (rit of possession# upon %otion# fro% the court (hich or&ere& the foreclosure. (2a) Se*t)o% .+ 1isposition of pro&eeds of sale. � +he a%ount reali0e& fro% the foreclosure sale of the %ort'a'e& property shall# after &e&uctin' the costs of the sale# be pai& to the person foreclosin' the %ort'a'e# an& (hen there shall be any balance or resi&ue# after payin' off the %ort'a'e &ebt &ue# the sa%e shall be pai& to /unior encu%brancers in the or&er of their priority# to be ascertaine& by the court# or if there be no such encu%brancers or there be a balance or resi&ue after pay%ent to the%# then to the %ort'a'or or his &uly authori0e& a'ent# or to the person entitle& to it. (1a) Se*t)o% /+ 7o% sale to pro&eed in &ase the de't is not all due. � !f the &ebt for (hich the %ort'a'e or encu%brance (as hel& is not all &ue as provi&e& in the /u&'%ent as soon as a sufficient portion of the property has been sol& to pay the total a%ount an& the costs &ue# the sale shall ter%inate5 an& after(ar&s as often as %ore beco%es &ue for principal or interest an& other vali& char'es# the court %ay# on %otion# or&er %ore to be sol&. )ut if the property cannot be sol& in portions (ithout pre/u&ice to the parties# the (hole shall be or&ere& to be sol& in the first instance# an& the entire &ebt an& costs shall be pai&# if the procee&s of the sale be sufficient therefor# there bein' a rebate of interest (here such rebate is proper. (5a) Se*t)o% 0+ 1efi&ien&y +udgment. � !f upon the sale of any real property as provi&e& in the ne.t prece&in' section there be a balance &ue to the plaintiff after applyin' the procee&s of the sale# the court# upon %otion# shall ren&er /u&'%ent a'ainst the &efen&ant for any such balance for (hich# by the recor& of the case# he %ay be personally liable to the plaintiff# upon (hich e.ecution %ay issue i%%e&iately if the balance is all &ue at the ti%e of the ren&ition of the /u&'%ent5 other(ise5 the plaintiff shall be entitle& to e.ecution at such ti%e as the balance re%ainin' beco%es &ue un&er the ter%s of the ori'inal contract# (hich ti%e shall be state& in the /u&'%ent. (3a) Se*t)o% 7+ Registration. � A certifie& copy of the final or&er of the court confir%in' the sale shall be re'istere& in the re'istry of &ee&s. !f no ri'ht of re&e%ption e.ists# the certificate of title in the na%e of the %ort'a'or shall be cancelle&# an& a ne( one issue& in the na%e of the purchaser. 6here a ri'ht of re&e%ption e.ists# the certificate of title in the na%e of the %ort'a'or shall not be cancelle&# but the certificate of sale an& the or&er confir%in' the sale shall be re'istere& an& a brief %e%oran&u% thereof %a&e by the re'istrar of &ee&s upon the certificate of title. !n the event the property is re&ee%e&# the &ee& of re&e%ption shall be re'istere& (ith the re'istry of &ee&s# an& a brief %e%oran&u% thereof shall be %a&e by the re'istrar of &ee&s on sai& certificate of title. !f the property is not re&ee%e&# the final &ee& of sale e.ecute& by the sheriff in favor of the purchaser at the foreclosure sale shall be re'istere& (ith the re'istry of &ee&s5 (hereupon the certificate of title in the na%e of the %ort'a'or shall be cancelle& an& a ne( one issue& in the na%e of the purchaser. (n) Se*t)o% 3+ Appli&a'ility of other pro(isions. � +he provisions of sections 2-# 22 an& 21 of ,ule 2> shall be applicable to the /u&icial foreclosure of real estate %ort'a'es un&er this ,ule insofar as the for%er are not inconsistent (ith or %ay serve to supple%ent the provisions of the latter. (8a)

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RULE 09 P&rt)t)o% Se*t)o% 1+ Complaint in a&tion for partition of real estate. � A person havin' the ri'ht to co%pel the partition of real estate %ay &o so as provi&e& in this ,ule# settin' forth in his co%plaint the nature an& e.tent of his title an& an a&e<uate &escription of the real estate of (hich partition is &e%an&e& an& /oinin' as &efen&ants all other persons intereste& in the property. (-a) Se*t)o% ,+ )rder for partition and partition 'y agreement thereunder. � !f after the trial the court fin&s that the plaintiff has the ri'ht thereto# it shall or&er the partition of the real estate a%on' all the parties in interest. +hereupon the parties %ay# if they are able to a'ree# %ake the partition a%on' the%selves by proper instru%ents of conveyance# an& the court shall confir% the partition so a'ree& upon by all the parties# an& such partition# to'ether (ith the or&er of the court confir%in' the sa%e# shall be recor&e& in the re'istry of &ee&s of the place in (hich the property is situate&. (2a) A final or&er &ecreein' partition an& accountin' %ay be appeale& by any party a''rieve& thereby. (n) Se*t)o% -+ Commissioners to ma/e partition %hen parties fail to agree. � !f the parties are unable to a'ree upon the partition# the court shall appoint not %ore than three (2) co%petent an& &isintereste& persons as co%%issioners to %ake the partition# co%%an&in' the% to set off to the plaintiff an& to each party in interest such part an& proportion of the property as the court shall &irect. (2a) Se*t)o% .+ )ath and duties of &ommissioners. � )efore %akin' such partition5 the co%%issioners shall take an& subscribe an oath that they (ill faithfully perfor% their &uties as co%%issioners# (hich oath shall be file& in court (ith the other procee&in's in the case. !n %akin' the partition# the co%%issioners shall vie( an& e.a%ine the real estate# after &ue notice to the parties to atten& at such vie( an& e.a%ination# an& shall hear the parties as to their preference in the portion of the property to be set apart to the% an& the co%parative value thereof# an& shall set apart the sa%e to the parties in lots or parcels as (ill be %ost a&vanta'eous an& e<uitable# havin' &ue re'ar& to the i%prove%ents# situation an& <uality of the &ifferent parts thereof. (1a) Se*t)o% /+ Assignment or sale of real estate 'y &ommissioners . � 6hen it is %a&e to appear to the co%%issioners that the real state# or a portion thereof# cannot be &ivi&e& (ithout pre/u&ice to the interests of the parties# the court %ay or&er it assi'ne& to one of the parties (illin' to take the sa%e# provi&e& he pays to the other parties such a%ount as the co%%issioners &ee% e<uitable# unless one of the intereste& parties asks that the property be sol& instea& of bein' so assi'ne&# in (hich case the court shall or&er the co%%issioners to sell the real estate at public sale un&er such con&itions an& (ithin such ti%e as the court %ay &eter%ine. (5a) Se*t)o% 0+ Report of &ommissioners5 pro&eedings not 'inding until &onfirmed. � +he co%%issioners shall %ake a full an& accurate report to the court of all their procee&in's as to the partition# or the assi'n%ent of real estate to one of the parties# or the sale of the sa%e. :pon the filin' of such report# the clerk of court shall serve copies thereof on all the intereste& parties (ith notice that they are allo(e& ten (-0) &ays (ithin (hich to file ob/ections to the fin&in's of the report# if they so &esire. ?o procee&in' ha& before or con&ucte& by the co%%issioners an& ren&ere& /u&'%ent thereon. (3a) Se*t)o% 7+ A&tion of the &ourt upon &ommissioners report. � :pon the e.piration of the perio& of ten (-0) &ays referre& to in the prece&in' section or even before the e.piration of such perio& but after the intereste& parties have file& their ob/ections to the report or their state%ent of a'ree%ent there(ith the court %ay# upon hearin'# accept the report an& ren&er /u&'%ent in accor&ance there(ith# or# for cause sho(n reco%%it the sa%e to the co%%issioners for further report of facts5 or

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set asi&e the report an& appoint ne( co%%issioners5 or accept the report in part an& re/ect it in part5 an& %ay %ake such or&er an& ren&er such /u&'%ent as shall effectuate a fair an& /ust partition of the real estate# or of its value# if assi'ne& or sol& as above provi&e&# bet(een the several o(ners thereof. (=) Se*t)o% 3+ A&&ounting for rent and profits in a&tion for partition . � !n an action for partition in accor&ance (ith this ,ule# a party shall recover fro% another his /ust share of rents an& profits receive& by such other party fro% the real estate in <uestion# an& the /u&'%ent shall inclu&e an allo(ance for such rents an& profits. (8a) Se*t)o% 9+ Po%er of guardian in su&h pro&eedings. � +he 'uar&ian or 'uar&ian ad litem of a %inor or person /u&icially &eclare& to be inco%petent %ay# (ith the approval of the court first ha&# &o an& perfor% on behalf of his (ar& any act# %atter# or thin' respectin' the partition of real estate# (hich the %inor or person /u&icially &eclare& to be inco%petent coul& &o in partition procee&in's if he (ere of a'e or co%petent. (>a) Se*t)o% 14+ Costs and e2penses to 'e ta2ed and &olle&ted. � +he court shall e<uitably ta. an& apportion bet(een or a%on' the parties the costs an& e.penses (hich accrue in the action# inclu&in' the co%pensation of the co%%issioners# havin' re'ar& to the interests of the parties# an& e.ecution %ay issue therefor as in other cases. (-0a) Se*t)o% 11+ #he +udgment and its effe&t5 &opy to 'e re&orded in registry of deeds. � !f actual partition of property is %a&e# the /u&'%ent shall state &efinitely# by %etes an& boun&s an& a&e<uate &escription# the particular portion of the real estate assi'ne& to each party# an& the effect of the /u&'%ent shall be to vest in each party to the action in severalty the portion of the real estate assi'ne& to hi%. !f the (hole property is assi'ne& to one of the parties upon his payin' to the others the su% or su%s or&ere& by the court# the /u&'%ent shall state the fact of such pay%ent an& of the assi'n%ent of the real estate to the party %akin' the pay%ent# an& the effect of the /u&'%ent shall be to vest in the party %akin' the pay%ent the (hole of the real estate free fro% any interest on the part of the other parties to the action. !f the property is sol& an& the sale confir%e& by the court# the /u&'%ent shall state the na%e of the purchaser or purchasers an& a &efinite &escription of the parcels of real estate sol& to each purchaser# an& the effect of the /u&'%ent shall be to vest the real estate in the purchaser or purchasers %akin' the pay%ent or pay%ents# free fro% the clai%s of any of the parties to the action. A certifie& copy of the /u&'%ent shall in either case be recor&e& in the re'istry of &ee&s of the place in (hich the real estate is situate&# an& the e.penses of such recor&in' shall be ta.e& as part of the costs of the action. (--a) Se*t)o% 1,+ Neither paramount rights nor ami&a'le partition affe&ted 'y this Rule. � ?othin' in this ,ule containe& shall be construe& so as to pre/u&ice# &efeat# or &estroy the ri'ht or title of any person clai%in' the real estate involve& by title un&er any other person# or by title para%ount to the title of the parties a%on' (ho% the partition %ay have been %a&e# nor so as to restrict or prevent persons hol&in' real estate /ointly or in co%%on fro% %akin' an a%icable partition thereof by a'ree%ent an& suitable instru%ents of conveyance (ithout recourse to an action. (-2a) Se*t)o% 1-+ Partition of personal property. � +he provisions of this ,ule shall apply to partitions of estates co%pose& of personal property# or of both real an& personal property# in so far as the sa%e %ay be applicable. (-2)

RULE 74 For*)<'e E%tr2 &%1 U%'&>fu' Det&)%er

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Se*t)o% 1+ ,ho may institute pro&eedings# and %hen. � $ub/ect to the provisions of the ne.t succee&in' section# a person &eprive& of the possession of any lan& or buil&in' by force# inti%i&ation# threat# strate'y# or stealth# or a lessor# ven&or# ven&ee# or other person a'ainst (ho% the possession of any lan& or buil&in' is unla(fully (ithhel& after the e.piration or ter%ination of the ri'ht to hol& possession# by virtue of any contract# e.press or i%plie&# or the le'al representatives or assi'ns of any such lessor# ven&or# ven&ee# or other person# %ay# at any ti%e (ithin one (-) year after such unla(ful &eprivation or (ithhol&in' of possession# brin' an action in the proper Municipal +rial "ourt a'ainst the person or persons unla(fully (ithhol&in' or &eprivin' of possession# or any person or persons clai%in' un&er the%# for the restitution of such possession# to'ether (ith &a%a'es an& costs. (-a) Se*t)o% ,+ ;essor to pro&eed against lessee only after demand. � :nless other(ise stipulate&# such action by the lesser shall be co%%ence& only after &e%an& to pay or co%ply (ith the con&itions of the lease an& to vacate is %a&e upon the lessee# or by servin' (ritten notice of such &e%an& upon the person foun& on the pre%ises if no person be foun& thereon# an& the lessee fails to co%ply there(ith after fifteen (-5) &ays in the case of lan& or five (5) &ays in the case of buil&in's. (2a) Se*t)o% -+ Summary pro&edure. � 4.cept in cases covere& by the a'ricultural tenancy la(s or (hen the la( other(ise e.pressly provi&es# all actions for forcible entry an& unla(ful &etainer# irrespective of the a%ount of &a%a'es or unpai& rentals sou'ht to be recovere&# shall be 'overne& by the su%%ary proce&ure hereun&er provi&e&. (n) Se*t)o% .+ Pleadings allo%ed. � +he only plea&in's allo(e& to be file& are the co%plaint# co%pulsory counterclai% an& cross9clai% plea&e& in the ans(er# an& the ans(ers thereto. All plea&in's shall be verifie&. (2a# ,$P) Se*t)o% /+ A&tion on &omplaint. � +he court %ay# fro% an e.a%ination of the alle'ations in the co%plaint an& such evi&ence as %ay be attache& thereto# &is%iss the case outri'ht on any of the 'roun&s for the &is%issal of a civil action (hich are apparent therein. !f no 'roun& for &is%issal is foun&# it shall forth(ith issue su%%ons. (n) Se*t)o% 0+ Ans%ers. � 6ithin ten (-0) &ays fro% service of su%%ons# the &efen&ant shall file his ans(er to the co%plaint an& serve a copy thereof on the plaintiff. Affir%ative an& ne'ative &efenses not plea&e& therein shall be &ee%e& (aive&# e.cept lack of /uris&iction over the sub/ect %atter. "ross9clai%s an& co%pulsory counterclai%s not asserte& in the ans(er shall be consi&ere& barre&. +he ans(er to counterclai%s or cross9clai%s shall be serve& an& file& (ithin ten (-0) &ays fro% service of the ans(er in (hich they are plea&e&. (5 ,$P) Se*t)o% 7+ 0ffe&t of failure to ans%er. � $houl& the &efen&ant fail to ans(er the co%plaint (ithin the perio& above provi&e&# the court# motu proprio or on %otion of the plaintiff# shall ren&er /u&'%ent as %ay be (arrante& by the facts alle'e& in the co%plaint an& li%ite& to (hat is praye& for therein. +he court %ay in its &iscretion re&uce the a%ount of &a%a'es an& attorneyDs fees clai%e& for bein' e.cessive or other(ise unconscionable# (ithout pre/u&ice to the applicability of section 2 (c)# ,ule > if there are t(o or %ore &efen&ants. (3# ,$P) Se*t)o% 3+ Preliminary &onferen&e5 appearan&e of parties. � ?ot later than thirty (20) &ays after the last ans(er is file&# a preli%inary conference shall be hel&. +he provisions of ,ule -8 on pre9trial shall be applicable to the preli%inary conference unless inconsistent (ith the provisions of this ,ule. +he failure of the plaintiff to appear in the preli%inary conference shall be cause for the &is%issal of his co%plaint. +he &efen&ant (ho appears in the absence of the plaintiff shall be entitle& to /u&'%ent on his counterclai% in accor&ance (ith the ne.t prece&in' section. All cross9clai%s shall be &is%isse&. (=# ,$P)

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!f a sole &efen&ant shall fail to appear# the plaintiff shall like(ise be entitle& to /u&'%ent in accor&ance (ith the ne.t prece&in' section. +his proce&ure shall not apply (here one of t(o or %ore &efen&ants sue& un&er a co%%on cause of action &efense shall appear at the preli%inary conference. ?o postpone%ent of the preli%inary conference shall be 'rante& e.cept for hi'hly %eritorious 'roun&s an& (ithout pre/u&ice to such sanctions as the court in the e.ercise of soun& &iscretion %ay i%pose on the %ovant. (n) Se*t)o% 9+ Re&ord of preliminary &onferen&e. � 6ithin five (5) &ays after the ter%ination of the preli%inary conference# the court shall issue an or&er statin' the %atters taken up therein# inclu&in' but not li%ite& to* -. 6hether the parties have arrive& at an a%icable settle%ent# an& if so# the ter%s thereof5 2. +he stipulations or a&%issions entere& into by the parties5 2. 6hether# on the basis of the plea&in's an& the stipulations an& a&%ission %a&e by the parties# /u&'%ent %ay be ren&ere& (ithout the nee& of further procee&in's# in (hich event the /u&'%ent shall be ren&ere& (ithin thirty (20) &ays fro% issuance of the or&er5 1. A clear specification of %aterial facts (hich re%ain converte&5 an& 5. $uch other %atters inten&e& to e.pe&ite the &isposition of the case. (8# ,$P) Se*t)o% 14+ Su'mission of affida(its and position papers. � 6ithin ten (-0) &ays fro% receipt of the or&er %entione& in the ne.t prece&in' section# the parties shall sub%it the affi&avits of their (itnesses an& other evi&ence on the factual issues &efine& in the or&er# to'ether (ith their position papers settin' forth the la( an& the facts relie& upon by the%. (># ,$P) Se*t)o% 11+ Period for rendition of +udgment. � 6ithin thirty (20) &ays after receipt of the affi&avits an& position papers# or the e.piration of the perio& for filin' the sa%e# the court shall ren&er /u&'%ent. ;o(ever# shoul& the court fin& it necessary to clarify certain %aterial facts# &urin' the sai& perio&# issue an or&er specifyin' the %atters to be clarifie&# an& re<uire the parties to sub%it affi&avits or other evi&ence on the sai& %atters (ithin ten (-0) &ays fro% receipt of sai& or&er. Ju&'%ent shall be ren&ere& (ithin fifteen (-5) &ays after the receipt of the last affi&avit or the e.piration of the perio& for filin' the sa%e. +he court shall not resort to the fore'oin' proce&ure /ust to 'ain ti%e for the ren&ition of the /u&'%ent. (n) Se*t)o% 1,+ Referral for &on&iliation. � "ases re<uirin' referral for conciliation# (here there is no sho(in' of co%pliance (ith such re<uire%ent# shall be &is%isse& (ithout pre/u&ice# an& %ay be revive& only after that re<uire%ent shall have been co%plie& (ith. (-8a# ,$P) Se*t)o% 1-+ Prohi'ited pleadings and motions. � +he follo(in' petitions# %otions# or plea&in's shall not be allo(e&* -. Motion to &is%iss the co%plaint e.cept on the 'roun& of lack of /uris&iction over the sub/ect %atter# or failure to co%ply (ith section -25 2. Motion for a bill of particulars5

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2. Motion for ne( trial# or for reconsi&eration of a /u&'%ent# or for reopenin' of trial5 1. Petition for relief fro% /u&'%ent5 5. Motion for e.tension of ti%e to file plea&in's# affi&avits or any other paper5 3. Me%oran&a5 =. Petition for &ertiorari# mandamus# or prohibition a'ainst any interlocutory or&er issue& by the court5 8. Motion to &eclare the &efen&ant in &efault5 >. Eilatory %otions for postpone%ent5 -0. ,eply5 --. +hir&9party co%plaints5 -2. !nterventions. (->a# ,$P) Se*t)o% 1.+ Affida(its. � +he affi&avits re<uire& to be sub%itte& un&er this ,ule shall state only facts of &irect personal kno(le&'e of the affiants (hich are a&%issible in evi&ence# an& shall sho( their co%petence to testify to the %atters state& therein. A violation of this re<uire%ent %ay sub/ect the party or the counsel (ho sub%its the sa%e to &isciplinary action# an& shall be cause to e.pun'e the ina&%issible affi&avit or portion thereof fro% the recor&. (20# ,$P) Se*t)o% 1/+ Preliminary in+un&tion. � +he court %ay 'rant preli%inary in/unction# in accor&ance (ith the provisions of ,ule 58 hereof# to prevent the &efen&ant fro% co%%ittin' further acts of &ispossession a'ainst the plaintiff. A possessor &eprive& of his possession throu'h forcible fro% the filin' of the co%plaint# present a %otion in the action for forcible entry or unla(ful &etainer for the issuance of a (rit of preli%inary %an&atory in/unction to restore hi% in his possession. +he court shall &eci&e the %otion (ithin thirty (20) &ays fro% the filin' thereof. (2a) Se*t)o% 10+ Resol(ing defense of o%nership. � 6hen the &efen&ant raises the &efense of o(nership in his plea&in's an& the <uestion of possession cannot be resolve& (ithout &eci&in' the issue of o(nership# the issue of o(nership shall be resolve& only to &eter%ine the issue of possession. (1a) Se*t)o% 17+ *udgment. � !f after trial court fin&s that the alle'ations of the co%plaint are true# it shall ren&er /u&'%ent in favor of the plaintiff for the restitution of the pre%ises# the su% /ustly &ue as arrears of rent or as reasonable co%pensation for the use an& occupation of the pre%ises# attorneyDs fees an& costs. !f a counterclai% is establishe&# the court shall ren&er /u&'%ent for the su% foun& in arrears fro% either party an& a(ar& costs as /ustice re<uires. (3a) Se*t)o% 13+ *udgment &on&lusi(e only on possession5 not &on&lusi(e in a&tions in(ol(ing title or o%nership. � +he /u&'%ent ren&ere& in an action for forcible entry or &etainer shall be conclusive (ith respect to the possession only an& shall in no (ise bin& the title or affect the o(nership of the

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lan& or buil&in'. $uch /u&'%ent shall not bar an action bet(een the sa%e parties respectin' title to the lan& or buil&in'. +he /u&'%ent or final or&er shall be appealable to the appropriate ,e'ional +rial "ourt (hich shall &eci&e the sa%e on the basis of the entire recor& of the procee&in's ha& in the court of ori'in an& such %e%oran&a an&Gor briefs as %ay be sub%itte& by the parties or re<uire& by the ,e'ional +rial "ourt. (=a) Se*t)o% 19+ $mmediate e2e&ution of +udgment5 ho% to stay same. � !f /u&'%ent is ren&ere& a'ainst the &efen&ant# e.ecution shall issue i%%e&iately upon %otion unless an appeal has been perfecte& an& the &efen&ant to stay e.ecution files a sufficient superse&eas bon&# approve& by the Municipal +rial "ourt an& e.ecute& in favor of the plaintiff to pay the rents# &a%a'es# an& costs accruin' &o(n to the ti%e of the /u&'%ent appeale& fro%# an& unless# &urin' the pen&ency of the appeal# he &eposits (ith the appellate court the a%ount of rent &ue fro% ti%e to ti%e un&er the contract# if any# as &eter%ine& by the /u&'%ent of the Municipal +rial "ourt. !n the absence of a contract# he shall &eposit (ith the ,e'ional +rial "ourt the reasonable value of the use an& occupation of the pre%ises for the prece&in' %onth or perio& at the rate &eter%ine& by the /u&'%ent of the lo(er court on or before the tenth &ay of each succee&in' %onth or perio&. +he superse&eas bon& shall be trans%itte& by the Municipal +rial "ourt# (ith the papers# to the clerk of the ,e'ional +rial "ourt to (hich the action is appeale&. All a%ounts so pai& to the appellate court shall be &eposite& (ith sai& court or authori0e& 'overn%ent &epositary bank# an& shall be hel& there until the final &isposition of the appeal# unless the court# by a'ree%ent of the intereste& parties# or in the absence of reasonable 'roun&s of opposition to a %otion to (ith&ra(# or for /ustifiable reasons# shall &ecree other(ise. $houl& the &efen&ant fail to %ake the pay%ents above prescribe& fro% ti%e to ti%e &urin' the pen&ency of the appeal# the appellate court# upon %otion of the plaintiff# an& upon proof of such failure# shall or&er the e.ecution of the /u&'%ent appeale& fro% (ith respect to the restoration of possession# but such e.ecution shall not be a bar to the appeal takin' its course until the final &isposition thereof on the %erits. After the case is &eci&e& by the ,e'ional +rial "ourt# any %oney pai& to the court by the &efen&ant for purposes of the stay of e.ecution shall be &ispose& of in accor&ance (ith the provisions of the /u&'%ent of the ,e'ional +rial "ourt. !n any case (herein it appears that the &efen&ant has been &eprive& of the la(ful possession of lan& or buil&in' pen&in' the appeal by virtue of the e.ecution of the /u&'%ent of the Municipal +rial "ourt# &a%a'es for such &eprivation of possession an& restoration of possession an& restoration of possession %ay be allo(e& the &efen&ant in the /u&'%ent of the ,e'ional +rial "ourt &isposin' of the appeal. (8a) Se*t)o% ,4+ Preliminary mandatory in+un&tion in &ase of appeal. � :pon %otion of the plaintiff# (ithin ten (-0) &ays fro% the perfection of the appeal to the ,e'ional +rial "ourt# the latter %ay issue a (rit of preli%inary %an&atory in/unction to restore the plaintiff in possession if the court is satisfie& that the &efen&antDs appeal is frivolous or &ilatory or that the appeal of the plaintiff is prima fa&ie %eritorious. (>a) Se*t)o% ,1+ $mmediate e2e&ution on appeal to Court of Appeals or Supreme Court. � +he /u&'%ent of the ,e'ional +rial "ourt a'ainst the &efen&ant shall be i%%e&iately e.ecutory# (ithout pre/u&ice to a further appeal that %ay be taken therefro%. (-0a)

RULE 71 Co%te59t

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Se*t)o% 1+ 1ire&t &ontempt punished summarily. � A person 'uilty of %isbehavior in the presence of or so near a court as to obstruct or interrupt the procee&in's before the sa%e# inclu&in' &isrespect to(ar& the court# offensive personalities to(ar& others# or refusal to be s(orn or to ans(er as a (itness# or to subscribe an affi&avit or &eposition (hen la(fully re<uire& to &o so# %ay be su%%arily a&/u&'e& in conte%pt by such court an& punishe& by a fine not e.cee&in' t(o thousan& pesos or i%prison%ent not e.cee&in' ten (-0) &ays# or both# if it be a ,e'ional +rial "ourt or a court of e<uivalent or hi'her rank# or by a fine not e.cee&in' t(o hun&re& pesos or i%prison%ent not e.cee&in' one (-) &ay# or both# if it be a lo(er court. (-a) Se*t)o% ,+ Remedy therefrom. � +he person a&/u&'e& in &irect conte%pt by any court %ay not appeal therefro%# but %ay avail hi%self of the re%e&ies of &ertiorari or prohibition. +he e.ecution of the /u&'%ent shall be suspen&e& pen&in' resolution of such petition# provi&e& such person files a bon& fi.e& by the court (hich ren&ere& the /u&'%ent an& con&itione& that he (ill abi&e by an& perfor% the /u&'%ent shoul& the petition be &eci&e& a'ainst hi%. (2a) Se*t)o% -+ $ndire&t &ontempt to 'e punished after &harge and hearing . � After a char'e in (ritin' has been file&# an& an opportunity 'iven to the respon&ent to co%%ent thereon (ithin such perio& as %ay be fi.e& by the court an& to be hear& by hi%self or counsel# a person 'uilty of any of the follo(in' acts %ay be punishe& for in&irect conte%pt5 (a) Misbehavior of an officer of a court in the perfor%ance of his official &uties or in his official transactions5 (b) Eisobe&ience of or resistance to a la(ful (rit# process# or&er# or /u&'%ent of a court# inclu&in' the act of a person (ho# after bein' &ispossesse& or e/ecte& fro% any real property by the /u&'%ent or process of any court of co%petent /uris&iction# enters or atte%pts or in&uces another to enter into or upon such real property# for the purpose of e.ecutin' acts of o(nership or possession# or in any %anner &isturbs the possession 'iven to the person a&/u&'e& to be entitle& thereto5 (c) Any abuse of or any unla(ful interference (ith the processes or procee&in's of a court not constitutin' &irect conte%pt un&er section - of this ,ule5 (&) Any i%proper con&uct ten&in'# &irectly or in&irectly# to i%pe&e# obstruct# or &e'ra&e the a&%inistration of /ustice5 (e) Assu%in' to be an attorney or an officer of a court# an& actin' as such (ithout authority5 (f) @ailure to obey a subpoena &uly serve&5 (') +he rescue# or atte%pte& rescue# of a person or property in the custo&y of an officer by virtue of an or&er or process of a court hel& by hi%. )ut nothin' in this section shall be so construe& as to prevent the court fro% issuin' process to brin' the respon&ent into court# or fro% hol&in' hi% in custo&y pen&in' such procee&in's. (2a) Se*t)o% .+ 7o% pro&eedings &ommen&ed. � Procee&in's for in&irect conte%pt %ay be initiate& motu propio by the court a'ainst (hich the conte%pt (as co%%itte& by an or&er or any other for%al char'e re<uirin' the respon&ent to sho( cause (hy he shoul& not be punishe& for conte%pt. !n all other cases# char'es for in&irect conte%pt shall be co%%ence& by a verifie& petition (ith supportin' particulars an& certifie& true copies of &ocu%ents or papers involve& therein# an& upon full co%pliance (ith the re<uire%ents for filin' initiatory plea&in's for civil actions in the court concerne&. !f the conte%pt char'es arose out of or are relate& to a principal action pen&in' in the

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court# the petition for conte%pt shall alle'e that fact but sai& petition shall be &ockete&# hear& an& &eci&e& separately# unless the court in its &iscretion or&ers the consoli&ation of the conte%pt char'e an& the principal action for /oint hearin' an& &ecision. (n) Se*t)o% /+ ,here &harge to 'e filed. � 6here the char'e for in&irect conte%pt has been co%%itte& a'ainst a ,e'ional +rial "ourt or a court of e<uivalent or hi'her rank# or a'ainst an officer appointe& by it# the char'e %ay be file& (ith such court. 6here such conte%pt has been co%%itte& a'ainst a lo(er court# the char'e %ay be file& (ith the ,e'ional +rial "ourt of the place in (hich the lo(er court is sittin'5 but the procee&in's %ay also be institute& in such lo(er court sub/ect to appeal to the ,e'ional +rial "ourt of such place in the sa%e %anner as provi&e& in section -- of this ,ule. (1a5 )ar Matter ?o. 802# 2- July ->>8) Se*t)o% 0+ 7earing5 release on 'ail. � !f the hearin' is not or&ere& to be ha& forth(ith# the respon&ent %ay be release& fro% custo&y upon filin' a bon&# in an a%ount fi.e& by the court# for his appearance at the hearin' of the char'e. 7n the &ay set therefor# the court shall procee& to investi'ate the char'e an& consi&er such co%%ent# testi%ony or &efense as the respon&ent %ay %ake or offer. (5a) Se*t)o% 7+ Punishment for indire&t &ontempt. � !f the respon&ent is a&/u&'e& 'uilty of in&irect conte%pt co%%itte& a'ainst a ,e'ional +rial "ourt or a court of e<uivalent or hi'her rank# he %ay be punishe& by a fine not e.cee&in' thirty thousan& pesos or i%prison%ent not e.cee&in' si. (3) %onths# or both. !f he is a&/u&'e& 'uilty of conte%pt co%%itte& a'ainst a lo(er court# he %ay be punishe& by a fine not e.cee&in' five thousan& pesos or i%prison%ent not e.cee&in' one (-) %onth# or both. !f the conte%pt consists in the violation of a (rit of in/unction# te%porary restrainin' or&er or status :uo or&er# he %ay also be or&ere& to %ake co%plete restitution to the party in/ure& by such violation of the property involve& or such a%ount as %ay be alle'e& an& prove&. +he (rit of e.ecution# as in or&inary civil actions# shall issue for the enforce%ent of a /u&'%ent i%posin' a fine unless the court other(ise provi&es. (3a) Se*t)o% 3+ $mprisonment until order o'eyed. � 6hen the conte%pt consists in the refusal or o%ission to &o an act (hich is yet in the po(er of the respon&ent to perfor%# he %ay be i%prisone& by or&er of the court concerne& until he perfor%s it. (=a) Se*t)o% 9+ Pro&eeding %hen party released on 'ail fails to ans%er . � 6hen a respon&ent release& on bail fails to appear on the &ay fi.e& for the hearin'# the court %ay issue another or&er of arrest or %ay or&er the bon& for his appearance to be forfeite& an& confiscate&# or both5 an&# if the bon& be procee&e& a'ainst# the %easure of &a%a'es shall be the e.tent of the loss or in/ury sustaine& by the a''rieve& party by reason of the %iscon&uct for (hich the conte%pt char'e (as prosecute&# (ith the costs of the procee&in's# an& such recovery shall be for the benefit of the party in/ure&. !f there is no a''rieve& party# the bon& shall be liable an& &ispose& of as in cri%inal cases. (8a) Se*t)o% 14+ Court may release respondent. � +he court (hich issue& the or&er i%prisonin' a person for conte%pt %ay &ischar'e hi% fro% i%prison%ent (hen it appears that public interest (ill not be pre/u&ice& by his release. (>a) Se*t)o% 11+ Re(ie% of +udgment or final order 5 'ond for stay. � +he /u&'%ent or final or&er of a court in a case of in&irect conte%pt %ay be appeale& to the proper court as in cri%inal cases. )ut e.ecution of the /u&'%ent or final or&er shall not be suspen&e& until a bon& is file& by the person a&/u&'e& in conte%pt# in an a%ount fi.e& by the court fro% (hich the appeal is taken# con&itione& that if the appeal be &eci&e& a'ainst hi% he (ill abi&e by an& perfor% the /u&'%ent or final or&er. (-0a)

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Se*t)o% 1,+ Contempt against :uasi-+udi&ial entities. � :nless other(ise provi&e& by la(# this ,ule shall apply to conte%pt co%%itte& a'ainst persons# entities# bo&ies or a'encies e.ercisin' <uasi9/u&icial functions# or shall have suppletory effect to such rules as they %ay have a&opte& pursuant to authority 'rante& to the% by la( to punish for conte%pt. +he ,e'ional +rial "ourt of the place (herein the conte%pt has been co%%itte& shall have /uris&iction over such char'es as %ay be file& therefor. (n) PART II � SPECIAL PROCEEDIN$S (Ru'e 7, to 149!

$ENERAL PROVISION RULE 7, Su<@e*t M&tter &%1 A99')*&<)')t2 of $e%er&' Ru'es Se*t)o% 1+ Su'+e&t matter of spe&ial pro&eedings. � ,ules of special procee&in's are provi&e& for in the follo(in' cases* (a) $ettle%ent of estate of &ecease& persons5 (b) 4scheat5 (c) Auar&ianship an& custo&y of chil&ren5 (&) +rustees5 (e) A&option5 (f) ,escission an& revocation of a&option5 (') ;ospitali0ation of insane persons5 (h) ;abeas corpus5 (i) "han'e of na%e5 (/) oluntary &issolution of corporations5 (k) Ju&icial approval of voluntary reco'nition of %inor natural chil&ren5 (l) "onstitution of fa%ily ho%e5 (%) Eeclaration of absence an& &eath5 (n) "ancellation of correction of entries in the civil re'istry.

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Se*t)o% ,+ Appli&a'ility of rules of &i(il a&tions. � !n the absence of special provisions# the rules provi&e& for in or&inary actions shall be# as far as practicable# applicable in special procee&in's.

Sett'e5e%t Of Est&te Of De*e&se1 Perso%s RULE 7Ve%ue &%1 Pro*ess Se*t)o% 1+ ,here estate of de&eased persons settled. � !f the &ece&ents is an inhabitant of the Philippines at the ti%e of his &eath# (hether a citi0en or an alien# his (ill shall be prove&# or letters of a&%inistration 'rante&# an& his estate settle&# in the "ourt of @irst !nstance in the province in (hich he resi&es at the ti%e of his &eath# an& if he is an inhabitant of a forei'n country# the "ourt of @irst !nstance of any province in (hich he ha& estate. +he court first takin' co'ni0ance of the settle%ent of the estate of a &ece&ent# shall e.ercise /uris&iction to the e.clusion of all other courts. +he /uris&iction assu%e& by a court# so far as it &epen&s on the place of resi&ence of the &ece&ent# or of the location of his estate# shall not be conteste& in a suit or procee&in'# e.cept in an appeal fro% that court# in the ori'inal case# or (hen the (ant of /uris&iction appears on the recor&. Se*t)o% ,+ ,here estate settled upon dissolution of marriage. � 6hen the %arria'e is &issolve& by the &eath of the husban& or (ife# the co%%unity property shall be inventorie&# a&%inistere&# an& li<ui&ate&# an& the &ebts thereof pai&# in the testate or intestate procee&in's of the &ecease& spouse. !f both spouses have &ie&# the con/u'al partnership shall be li<ui&ate& in the testate or intestate procee&in's of either. Se*t)o% -+ Pro&ess. � !n the e.ercise of probate /uris&iction# "ourts of @irst !nstance %ay issue (arrants an& process necessary to co%pel the atten&ance of (itnesses or to carry into effect theirs or&ers an& /u&'%ents# an& all other po(ers 'rante& the% by la(. !f a person &oes not perfor% an or&er or /u&'%ent ren&ere& by a court in the e.ercise of its probate /uris&iction# it %ay issue a (arrant for the apprehension an& i%prison%ent of such person until he perfor%s such or&er or /u&'%ent# or is release&. Se*t)o% .+ Presumption of death. � @or purposes of settle%ent of his estate# a person shall be presu%e& &ea& if absent an& unhear& fro% for the perio&s fi.e& in the "ivil "o&e. )ut if such person proves to be alive# he shall be entitle& to the balance of his estate after pay%ent of all his &ebts. +he balance %ay be recovere& by %otion in the sa%e procee&in'.

RULE 7. Su55&r2 Sett'e5e%t of Est&te Se*t)o% 1+ 02tra+udi&ial settlement 'y agreement 'et%een heirs. � !f the &ece&ent left no (ill an& no &ebts an& the heirs are all of a'e# or the %inors are represente& by their /u&icial or le'al representatives &uly authori0e& for the purpose# the parties %ay (ithout securin' letters of a&%inistration# &ivi&e the estate a%on' the%selves as they see fit by %eans of a public instru%ent file& in the office of the re'ister of &ee&s# an& shoul& they &isa'ree# they %ay &o so in an or&inary action of partition. !f there is only one heir# he %ay a&/u&icate to hi%self the entire estate by %eans of an affi&avit fille& in the office of the re'ister of &ee&s. +he parties to an e.tra/u&icial settle%ent# (hether by public instru%ent or by stipulation in a pen&in' action for partition# or the sole heir (ho a&/u&icates the entire estate to hi%self by %eans of an affi&avit shall file# si%ultaneously (ith an& as

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a con&ition prece&ent to the filin' of the public instru%ent# or stipulation in the action for partition# or of the affi&avit in the office of the re'ister of &ee&s# a bon& (ith the sai& re'ister of &ee&s# in an a%ount e<uivalent to the value of the personal property involve& as certifie& to un&er oath by the parties concerne& an& con&itione& upon the pay%ent of any /ust clai% that %ay be file& un&er section 1 of this rule. !t shall be presu%e& that the &ece&ent left no &ebts if no cre&itor files a petition for letters of a&%inistration (ithin t(o (2) years after the &eath of the &ece&ent. +he fact of the e.tra/u&icial settle%ent or a&%inistration shall be publishe& in a ne(spaper of 'eneral circulation in the %anner provi&e& in the nest succee&in' section5 but no e.tra/u&icial settle%ent shall be bin&in' upon any person (ho has not participate& therein or ha& no notice thereof. Se*t)o% ,+ Summary settlement of estate of small (alue. � 6henever the 'ross value of the estate of a &ecease& person# (hether he &ie& testate or intestate# &oes not e.cee& ten thousan& pesos# an& that fact is %a&e to appear to the "ourt of @irst !nstance havin' /uris&iction of the estate by the petition of an intereste& person an& upon hearin'# (hich shall be hel& not less than one (-) %onth nor %ore than three (2) %onths fro% the &ate of the last publication of a notice (hich shall be publishe& once a (eek for three (2) consecutive (eeks in a ne(spaper of 'eneral circulation in the province# an& after such other notice to interest persons as the court %ay &irect# the court %ay procee& su%%arily# (ithout the appoint%ent of an e.ecutor or a&%inistrator# an& (ithout &elay# to 'rant# if proper# allo(ance of the (ill# if any there be# to &eter%ine (ho are the persons le'ally entitle& to participate in the estate# an& to apportion an& &ivi&e it a%on' the% after the pay%ent of such &ebts of the estate as the court shall then fin& to be &ue5 an& such persons# in their o(n ri'ht# if they are of la(ful a'e an& le'al capacity# or by their 'uar&ians or trustees le'ally appointe& an& <ualifie&# if other(ise# shall thereupon be entitle& to receive an& enter into the possession of the portions of the estate so a(ar&e& to the% respectively. +he court shall %ake such or&er as %ay be /ust respectin' the costs of the procee&in's# an& all or&ers an& /u&'%ents %a&e or ren&ere& in the course thereof shall be recor&e& in the office of the clerk# an& the or&er of partition or a(ar&# if it involves real estate# shall be recor&e& in the proper re'isterDs office. Se*t)o% -+ Bond to 'e filed 'y distri'utees . � +he court# before allo(in' a partition in accor&ance (ith the provisions of the prece&in' section# %y re<uire the &istributees# if property other than real is to be &istribute&# to file a bon& in an a%ount to be fi.e& by court# con&itione& for the pay%ent of any /ust clai% (hich %ay be file& un&er the ne.t succee&in' section. Se*t)o% .+ ;ia'ility of distri'utees and estate. � !f it shall appear at any ti%e (ithin t(o (2) years after the settle%ent an& &istribution of an estate in accor&ance (ith the provisions of either of the first t(o sections of this rule# that an heir or other person has been un&uly &eprive& of his la(ful participation in the estate# such heir or such other person %ay co%pel the settle%ent of the estate in the courts in the %anner hereinafter provi&e& for the purpose of satisfyin' such la(ful participation. An& if (ithin the sa%e ti%e of t(o (2) years# it shall appear that there are &ebts outstan&in' a'ainst the estate (hich have not been pai&# or that an heir or other person has been un&uly &eprive& of his la(ful participation payable in %oney# the court havin' /uris&iction of the estate %ay# by or&er for that purpose# after hearin'# settle the a%ount of such &ebts or la(ful participation an& or&er ho( %uch an& in (hat %anner each &istributee shall contribute in the pay%ent thereof# an& %ay issue e.ecution# if circu%stances re<uire# a'ainst the bon& provi&e& in the prece&in' section or a'ainst the real estate belon'in' to the &ecease&# or both. $uch bon& an& such real estate shall re%ain char'e& (ith a liability to cre&itors# heirs# or other persons for the full perio& of t(o (2) years after such &istribution# not(ithstan&in' any transfers of real estate that %ay have been %a&e. Se*t)o% /+ Period for &laim of minor or in&apa&itated person . � !f on the &ate of the e.piration of the perio& of t(o (2) years prescribe& in the prece&in' section the person authori0e& to file a clai% is

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a %inor or %entally incapacitate&# or is in prison or outsi&e the Philippines# he %ay present his clai% (ithin one (-) year after such &isability is re%ove&.

RULE 7/ Pro1u*t)o% of :)''+ A''o>&%*e of :)'' Ne*ess&r2 Se*t)o% 1+ Allo%an&e ne&essary. Con&lusi(e as to e2e&ution. � ?o (ill shall pass either real or personal estate unless it is prove& an& allo(e& in the proper court. $ub/ect to the ri'ht of appeal# such allo(ance of the (ill shall be conclusive as to its &ue e.ecution. Se*t)o% ,+ Custodian of %ill to deli(er. � +he person (ho has custo&y of a (ill shall# (ithin t(enty (20) &ays after he kno(s of the &eath of the testator# &eliver the (ill to the court havin' /uris&iction# or to the e.ecutor na%e& in the (ill. Se*t)o% -+ 02e&utor to present %ill and a&&ept or refuse trust. � A person na%e& as e.ecutor in a (ill shall# (ithin t(enty (20) &ays after he kno(s of the &eath of the testate# or (ithin t(enty (20) &ays after he kno(s that he is na%e& e.ecutor if he obtaine& such kno(le&'e after the &eath of the testator# present such (ill to the court havin' /uris&iction# unless the (ill has reache& the court in any other %anner# an& shall# (ithin such perio&# si'nify to the court in (ritin' his acceptance of the trust or his refusal to accept it. Se*t)o% .+ Custodian and e2e&utor su'+e&t to fine for negle&t. � A person (ho ne'lects any of the &uties re<uire& in the t(o last prece&in' sections (ithout e.cuse& satisfactory to the court shall be fine& not e.cee&in' t(o thousan& pesos. Se*t)o% /+ Person retaining %ill may 'e &ommitted. � A person havin' custo&y of a (ill after the &eath of the testator (ho ne'lects (ithout reasonable cause to &eliver the sa%e# (hen or&ere& so to &o# to the court havin' /uris&iction# %ay be co%%itte& to prison an& there kept until he &elivers the (ill.

RULE 70 A''o>&%*e or D)s&''o>&%*e of :)'' Se*t)o% 1+ ,ho may petition for the allo%an&e of %ill . � Any e.ecutor# &evisee# or le'atee na%e& in a (ill# or any other person intereste& in the estate# %ay# at any ti%e after the &eath of the testator# petition the court havin' /uris&iction to have the (ill allo(e&# (hether the sa%e be in his possession or not# or is lost or &estroye&. +he testator hi%self %ay# &urin' his lifeti%e# petition the court for the allo(ance of his (ill. Se*t)o% ,+ Contents of petition. � A petition for the allo(ance of a (ill %ust sho(# so far as kno(n to the petitioner* (a) +he /uris&ictional facts5 (b) +he na%es# a'es# an& resi&ences of the heirs# le'atees# an& &evisees of the testator or &ece&ent5

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(c) +he probable value an& character of the property of the estate5 (&) +he na%e of the person for (ho% letters are praye&5 (e) !f the (ill has not been &elivere& to the court# the na%e of the person havin' custo&y of it. )ut no &efect in the petition shall ren&er voi& the allo(ance of the (ill# or the issuance of letters testa%entary or of a&%inistration (ith the (ill anne.e&. Se*t)o% -+ Court to appoint time for pro(ing %ill. Noti&e thereof to 'e pu'lished. � 6hen a (ill is &elivere& to# or a petition for the allo(ance of a (ill is file& in# the court havin' /uris&iction# such court shall fi. a ti%e an& place for provin' the (ill (hen all concerne& %ay appear to contest the allo(ance thereof# an& shall cause notice of such ti%e an& place to be publishe& three (2) (eeks successively# previous to the ti%e appointe&# in a ne(spaper of 'eneral circulation in the province. )ut no ne(spaper publication shall be %a&e (here the petition for probate has been file& by the testatorhi%self. Se*t)o% .+ 7eirs, de(isees, legatees, and e2e&utors to 'e notified 'y mail or personally . � +he court shall also cause copies of the notice of the ti%e an& place fi.e& for provin' the (ill to be a&&resse& to the &esi'nate& or other kno(n heirs# le'atees# an& &evisees of the testator resi&ent in the Philippines at their places of resi&ence# an& &eposite& in the post office (ith the posta'e thereon prepai& at least t(enty (20) &ays before the hearin'# if such places of resi&ence be kno(n. A copy of the notice %ust in like %anner be %aile& to the person na%e& as e.ecutor# if he be not the petitioner5 also# to any person na%e& as coe.ecutor not petitionin'# if their places of resi&ence be kno(n. Personal service of copies of the notice at lest (-0) &ays before the &ay of hearin' shall be e<uivalent to %ailin'. !f the testator asks for the allo(ance of his o(n (ill# notice shall be sent only to his co%pulsory heirs. Se*t)o% /+ Proof at hearing. ,hat suffi&ient in a'sen&e of &ontest. � At the hearin' co%pliance (ith the provisions of the last t(o prece&in' sections %ust be sho(n before the intro&uction of testi%ony in support of the (ill. All such testi%ony shall be taken un&er oath an& re&uce& to (ritin'. !t no person appears to contest the allo(ance of the (ill# the court %ay 'rant allo(ance thereof on the testi%ony of one of the subscribin' (itnesses only# if such (itness testify that the (ill (as e.ecute& as is re<uire& by la(. !n the case of a holo'raphic (ill# it shall be necessary that at least one (itness (ho kno(s the han&(ritin' an& si'nature of the testator e.plicitly &eclare that the (ill an& the si'nature are in the han&(ritin' of the testator. !n the absence of any such co%petent (itness# an& if the court &ee% it necessary# e.pert testi%ony %ay be resorte& to. Se*t)o% 0+ Proof of lost or destroyed %ill. Certifi&ate thereupon. � ?o (ill shall be prove& as a lost or &estroye& (ill unless the e.ecution an& vali&ity of the sa%e be establishe&# an& the (ill is prove& to have been in e.istence at the ti%e of the &eath of the testator# or is sho(n to have been frau&ulently or acci&entally &estroye& in the lifeti%e of the testator (ithout his kno(le&'e# nor unless its provisions are clearly an& &istinctly prove& by at least t(o (2) cre&ible (itnesses. 6hen a lost (ill is prove&# the provisions thereof %ust be &istinctly state& an& certifie& by the /u&'e# un&er the seal of the court# an& the certificate %ust be file& an& recor&e& as other (ills are file& an& recor&e&. Se*t)o% 7+ Proof %hen %itnesses do not reside in pro(in&e. � !f it appears at the ti%e fi.e& for the hearin' that none of the subscribin' (itnesses resi&es in the province# but that the &eposition of one

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or %ore of the% can be taken else(here# the court %ay# on %otion# &irect it to be taken# an& %ay authori0e a photo'raphic copy of the (ill to be %a&e an& to be presente& to the (itness on his e.a%ination# (ho %ay be aske& the sa%e <uestions (ith respect to it# an& to the han&(ritin' of the testator an& others# as (oul& be pertinent an& co%petent if the ori'inal (ill (ere present. Se*t)o% 3+ Proof %hen %itnesses dead or insane or do not reside in the Philippines . � !f the appears at the ti%e fi.e& for the hearin' that the subscribin' (itnesses are &ea& or insane# or that none of the% resi&es in the Philippines# the court %ay a&%it the testi%ony of other (itnesses to prove the sanity of the testator# an& the &ue e.ecution of the (ill5 an& as evi&ence of the e.ecution of the (ill# it %ay a&%it proof of the han&(ritin' of the testator an& of the subscribin' (itnesses# or of any of the%. Se*t)o% 9+ 3rounds for disallo%ing %ill. � +he (ill shall be &isallo(e& in any of the follo(in' cases* (a) !f not e.ecute& an& atteste& as re<uire& by la(5 (b) !f the testator (as insane# or other(ise %entally incapable to %ake a (ill# at the ti%e of its e.ecution5 (c) !f it (as e.ecute& un&er &uress# or the influence of fear# or threats5 (&) !f it (as procure& by un&ue an& i%proper pressure an& influence# on the part of the beneficiary# or of so%e other person for his benefit5 (e) !f the si'nature of the testator (as procure& by frau& or trick# an& he &i& not inten& that the instru%ent shoul& be his (ill at the ti%e of fi.in' his si'nature thereto. Se*t)o% 14+ Contestant to file grounds of &ontest. � Anyone appearin' to contest the (ill %ust state in (ritin' his 'roun&s for opposin' its allo(ance# an& serve a copy thereof on the petitioner an& other parties intereste& in the estate. Se*t)o% 11+ Su's&ri'ing %itnesses produ&ed or a&&ounted for %here %ill &ontested . � !f the (ill is conteste&# all the subscribin' (itnesses# an& the notary in the case of (ills e.ecute& un&er the "ivil "o&e of the Philippines# if present in the Philippines an& not insane# %ust be pro&uce& an& e.a%ine&# an& the &eath# absence# or insanity of any of the% %ust be satisfactorily sho(n to the court. !f all or so%e of such (itnesses are present in the Philippines but outsi&e the province (here the (ill has been file&# their &eposition %ust be taken. !f any or all of the% testify a'ainst the &ue e.ecution of the (ill# or &o not re%e%ber havin' atteste& to it# or are other(ise of &oubtful cre&ibility# the (ill %ay nevertheless# be allo(e& if the court is satisfie& fro% the testi%ony of other (itnesses an& fro% all the evi&ence presente& that the (ill (as e.ecute& an& atteste& in the %anner re<uire& by la(. !f a hol&'raphic (ill is conteste&# the sa%e shall be allo(e& if at least three (2) (itnesses (ho kno( the han&(ritin' of the testator e.plicitly &eclare that the (ill an& the si'nature are in the han&(ritin' of the testator5 in the absence of any co%petent (itnesses# an& if the court &ee% it necessary# e.pert testi%ony %ay be resorte& to. Se*t)o% 1,+ Proof %here testator petitions for allo%an&e of holographi& %ill. � 6here the testator hi%self petitions for the probate of his holo'raphic (ill an& no contest is file&# the fact that the affir%s that the holo'raphic (ill an& the si'nature are in his o(n han&(ritin'# shall be sufficient evi&ence of the 'enuineness an& &ue e.ecution thereof. !f the holo'raphic (ill is conteste&# the

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bur&en of &isprovin' the 'enuineness an& &ue e.ecution thereof shall be on the contestant. +he testator to rebut the evi&ence for the contestant. Se*t)o% 1-+ Certifi&ate of allo%an&e atta&hed to pro(e %ill. #o 'e re&orded in the )ffi&e of Register of 1eeds. � !f the court is satisfie&# upon proof taken an& file&# that the (ill (as &uly e.ecute&# an& that the testator at the ti%e of its e.ecution (as of soun& an& &isposin' %in&# an& not actin' un&er &uress# %enace# an& un&ue influence# or frau&# a certificate of its allo(ance# si'ne& by the /u&'e# an& atteste& by the seal of the court shall be attache& to the (ill an& the (ill an& certificate file& an& recor&e& by the clerk. Atteste& copies of the (ill &evisin' real estate an& of certificate of allo(ance thereof# shall be recor&e& in the re'ister of &ee&s of the province in (hich the lan&s lie.

RULE 77 A''o>&%*e of :)'' Pro(e1 Outs)1e of Ph)')99)%es &%1 A15)%)str&t)o% of Est&te Thereu%1er Se*t)o% 1+ ,ill pro(ed outside Philippines may 'e allo%ed here. � 6ills prove& an& allo(e& in a forei'n country# accor&in' to the la(s of such country# %ay be allo(e&# file&# an& recor&e& by the proper "ourt of @irst !nstance in the Philippines. Se*t)o% ,+ Noti&e of hearing for allo%an&e. � 6hen a copy of such (ill an& of the or&er or &ecree of the allo(ance thereof# both &uly authenticate&# are file& (ith a petition for allo(ance in the Philippines# by the e.ecutor or other person intereste&# in the court havin' /uris&iction# such court shall fi. a ti%e an& place for the hearin'# an& cause notice thereof to be 'iven as in case of an ori'inal (ill presente& for allo(ance. Se*t)o% -+ ,hen %ill allo%ed, and effe&t thereof. � !f it appears at the hearin' that the (ill shoul& be allo(e& in the Philippines# the shall so allo( it# an& a certificate of its allo(ance# si'ne& by the /u&'e# an& atteste& by the seal of the court# to (hich shall be attache& a copy of the (ill# shall be file& an& recor&e& by the clerk# an& the (ill shall have the sa%e effect as if ori'inally proves an& allo(e& in such court. Se*t)o% .+ 0state, ho% administered. � 6hen a (ill is thus allo(e&# the court shall 'rant letters testa%entary# or letters of a&%inistration (ith the (ill anne.e&# an& such letters testa%entary or of a&%inistration# shall e.ten& to all the estate of the testator in the Philippines. $uch estate# after the pay%ent of /ust &ebts an& e.penses of a&%inistration# shall be &ispose& of accor&in' to such (ill# so far as such (ill %ay operate upon it5 an& the resi&ue# if any shall be &ispose& of as is provi&e& by la( in cases of estates in the Philippines belon'in' to persons (ho are inhabitants of another state or country.

RULE 73 Letters Test&5e%t&r2 &%1 of A15)%)str&t)o%, :he% &%1 to :ho5 Issue1 Se*t)o% 1+ ,ho are in&ompetent to ser(e as e2e&utors or administrators. � ?o person in co%petent to serve as e.ecutor or a&%inistrator (ho* (a) !s a %inor5

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(b) !s not a resi&ent of the Philippines5 an& (c) !s in the opinion of the court unfit to e.ecute the &uties of the trust by reason of &runkenness# i%provi&ence# or (ant of un&erstan&in' or inte'rity# or by reason of conviction of an offense involvin' %oral turpitu&e. Se*t)o% ,+ 02e&utor of e2e&utor not to administer estate. � +he e.ecutor of an e.ecutor shall not# as such# a&%inister the estate of the first testator. Se*t)o% -+ Married %omen may ser(e. � A %arrie& (o%an %ay serve as e.ecutri. or a&%inistratri.# an& the %arria'e of a sin'le (o%an shall not affect her authority so to serve un&er a previous appoint%ent. Se*t)o% .+ ;etters testamentary issued %hen %ill allo%ed. � 6hen a (ill has been prove& an& allo(e&# the court shall issue letters testa%entary thereon to the person na%e& as e.ecutor therein# if he is co%petent# accepts the trust# an& 'ives bon& as re<uire& by these rules. Se*t)o% /+ ,here some &oe2e&utors dis:ualified others may a&t. � 6hen all of the e.ecutors na%e& in a (ill can not act because of inco%petency# refusal to accept the trust# or failure to 'ive bon&# on the part of one or %ore of the%# letters testa%entary %ay issue to such of the% as are co%petent# accept an& 'ive bon&# an& they %ay perfor% the &uties an& &ischar'e the trust re<uire& by the (ill. Se*t)o% 0+ ,hen and to %hom letters of administration granted. � !f no e.ecutor is na%e& in the (ill# or the e.ecutor or e.ecutors are inco%petent# refuse the trust# or fail to 'ive bon&# or a person &ies intestate# a&%inistration shall be 'rante&* (a) +o the survivin' husban& or (ife# as the case %ay be# or ne.t of kin# or both# in the &iscretion of the court# or to such person as such survivin' husban& or (ife# or ne.t of kin# re<uests to have appointe&# if co%petent an& (illin' to serve5 (b) !f such survivin' husban& or (ife# as the case %ay be# or ne.t of kin# or the person selecte& by the%# be inco%petent or un(illin'# or if the husban& or (i&o(# or ne.t of kin# ne'lects for thirty (20) &ays after the &eath of the person to apply for a&%inistration or to re<uest that a&%inistration be 'rante& to so%e other person# it %ay be 'rante& to one or %ore of the principal cre&itors# if %ay be 'rante& to one or %ore of the principal cre&itors# if co%petent an& (illin' to serve5 (c) !f there is no such cre&itor co%petent an& (illin' to serve# it %ay be 'rante& to such other person as the court %ay select.

RULE 79 O99os)%6 Issu&%*e Of Letters Test&5e%t&r2+ Pet)t)o% A%1 Co%test For Letters Of A15)%)str&t)o% Se*t)o% 1+ )pposition to issuan&e of letters testamentary. Simultaneous petition for administration. � Any person intereste& in a (ill %ay state in (ritin' the 'roun&s (hy letters testa%entary shoul& not issue to the persons na%e& therein as e.ecutors# or any of the%# an& the court# after hearin' upon notice# shall pass upon the sufficiency of such 'roun&s. A petition %ay# at the ti%e# be file& for letters of a&%inistration (ith the (ill anne.e&.

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Se*t)o% ,+ Contents of petition for letters of administration. � A petition for letters of a&%inistration %ust be file& by an intereste& person an& %ust sho(# so far as kno(n to the petitioner* (a) +he /uris&ictional facts5 (b) +he na%es# a'es# an& resi&ences of the heirs# an& the na%es an& resi&ences of the cre&itors# of the &ece&ent5 (c) +he probable value an& character of the property of the estate5 (&) +he na%e of the person for (ho% letters of a&%inistration are praye&. )ut no &efect in the petition shall ren&er voi& the issuance of letters of a&%inistration. Se*t)o% -+ Court to set time for hearing. Noti&e thereof. � 6hen a petition for letters of a&%inistration is file& in the court havin' /uris&iction# such court shall fi. a ti%e an& place for hearin' the petition# an& shall cause notice thereof to be 'iven to the kno(n heirs an& cre&itors of the &ece&ent# an& to any other persons believe& to have an interest in the estate# in the %anner provi&e& in sections 2 an& 1 of ,ule =3. Se*t)o% .+ )pposition to petition for administration. � Any intereste& person %ay# by filin' a (ritten opposition# contest the petition on the 'roun& of the inco%petency of the person for (ho% letters are praye& therein# or on the 'roun& of the contestantDs o(n ri'ht to the a&%inistration# an& %ay pray that letters issue to hi%self# or to any co%petent person or person na%e& in the opposition. Se*t)o% /+ 7earing and order for letters to issue. � At the hearin' of the petition# it %ust first be sho(n that notice has been 'iven as hereinabove re<uire&# an& thereafter the court shall hear the proofs of the parties in support of their respective alle'ations# an& if satisfie& that the &ece&ent left no (ill# or that there is no co%petent an& (illin' e.ecutor# it shall or&er the issuance of letters of a&%inistration to the party best entitle& thereto. Se*t)o% 0+ ,hen letters of administration granted to any appli&ant . � Fetters of a&%inistration %ay be 'rante& to any <ualifie& applicant# thou'h it appears that there are other co%petent persons havin' better ri'ht to the a&%inistration# if such persons fail to appear (hen notifie& an& clai% the issuance of letters to the%selves.

RULE 34 S9e*)&' A15)%)str&tor Se*t)o% 1+ Appointment of spe&ial administrator. � 6hen there is &elay in 'rantin' letters testa%entary or of a&%inistration by any cause inclu&in' an appeal fro% the allo(ance or &isallo(ance of a (ill# the court %ay appoint a special a&%inistrator to take possession an& char'e of the estate of the &ecease& until the <uestions causin' the &elay are &eci&e& an& e.ecutors or a&%inistrators appointe&. Se*t)o% ,+ Po%ers and duties of spe&ial adminsitrator. � $uch special a&%inistrator shall take possession an& char'e of the 'oo&s# chattels# ri'hts# cre&its# an& estate of the &ecease& an& preserve the sa%e for the e.ecutors or a&%inistrator after(ar&s appointe&# an& for that purpose %ay co%%ence an& %aintain suits as a&%inistrator. ;e %ay sell only such perishable an& other property

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as the court or&ers sol&. A special a&%inistrator shall not be liable to pay any &ebts of the &ecease& unless so or&ere& by the court. Se*t)o% -+ ,hen po%ers of spe&ial administrator &ease. #ransfer of effe&ts. Pending suits. � 6hen letters testa%entary or of a&%inistration are 'rante& on the estate of the &ecease&# the po(ers of the special a&%inistrator shall cease# an& he shall forth(ith &eliver to the e.ecutor or a&%inistrator the 'oo&s# chattels# %oney# an& estate of the &ecease& in his han&s. +he e.ecutor or a&%inistrator %ay prosecute to final /u&'%ent suits co%%ence& by such special a&%inistrator.

RULE 31 ;o%1 of E=e*utors &%1 A15)%)str&tors Se*t)o% 1+ Bond to 'e gi(en issuan&e of letters. Amount. Conditions. � )efore an e.ecutor or a&%inistrator enters upon the e.ecution of his trust# an& letters testa%entary or a&%inistration issue# he shall 'ive a bon&# in such su% as the court &irects# con&itione& as follo(s* (a) +o %ake an& return to the court# (ithin three (2) %onths# a true an& co%plete inventory of all 'oo&s# chattels# ri'hts# cre&its# an& estate of the &ecease& (hich shall co%e to his possession or kno(le&'e or to the possession of any other person for hi%5 (b) +o a&%inister accor&in' to these rules# an&# if an e.ecutor# accor&in' to the (ill of the testator# all 'oo&s# chattels# ri'hts# cre&its# an& estate (hich shall at any ti%e co%e to his possession or to the possession of any other person for hi%# an& fro% the procee&s to pay an& &ischar'e all &ebts# le'acies# an& char'es on the sa%e# or such &ivi&en&s thereon as shall be &ecree& by the court5 (c) +o ren&er a true an& /ust account of his a&%inistration to the court (ithin one (-) years# an& at any other ti%e (hen re<uire& by the court5 (&) +o perfor% all or&ers of the court by hi% to be perfor%e&. Se*t)o% ,+ Bond of e2e&utor %here dire&ted in %ill. ,hen further 'ond re:uired. � !f the testator in his (ill &irects that the e.ecutors serve (ithout bon&# or (ith only his in&ivi&ual bon&# he %ay be allo(e& by the court to 'ive bon& in such su% an& (ith such surety as the court approves con&itione& only to pay the &ebts of the testator5 but the court %ay re<uire of the e.ecutor a further bon& in case of a chan'e in his circu%stance# or for other sufficient case# (ith the con&itions na%e& in the last prece&in' section. Se*t)o% -+ Bonds of +oint e2e&utors and administrators. � 6hen t(o or %ore persons are appointe& e.ecutors or a&%inistrators the court %ay take a separate bon& fro% each# or a /oint bon& fro% all. Se*t)o% .+ Bond of spe&ial administrator. � A special a&%inistrator before enterin' upon the &uties of his trust shall 'ive a bon&# in such su% as the court &irects# con&itione& that he (ill %ake an& return a true inventory of the 'oo&s# chattels# ri'hts# cre&its# an& estate of the &ecease& (hich co%e to his possession or kno(le&'e# an& that he (ill truly account for such as are receive& by hi% (hen re<uire& by the court# an& (ill &eliver the sa%e to the person appointe& e.ecutor or a&%inistrator# or to such other person as %ay be authori0e& to receive the%.

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RULE 3, Re(o*&t)o% of A15)%)str&t)o%, De&th, Res)6%&t)o%, &%1 Re5o(&' of E=e*utors or A15)%)str&tors Se*t)o% 1+ Administration re(o/ed if %ill dis&o(ered. Pro&eedings thereupon. � !f after letters of a&%inistration have been 'rante& on the estate of a &ece&ent as if he ha& &ie& intestate# his (ill is prove& an& allo(e& by the court# the letters of a&%inistration shall be revoke& an& all po(ers thereun&er cease# an& the a&%inistrator shall forth(ith surren&er the letters to the court# an& ren&er his account (ith such ti%e as the court &irects. Procee&in' for the issuance of letters testa%entary or of a&%inistration un&er the (ill shall be as hereinbefore provi&e&. Se*t)o% ,+ Court may 'e remo(e or a&&ept resignation of e2e&utor or administrator. Pro&eeding upon death, resignation, or remo(al. � !f an e.ecutor or a&%inistrator ne'lects to ren&er his account an& settle the estate accor&in' to la(# or to perfor% an or&er or /u&'%ent of the court# or a &uty e.pressly provi&e& by these rules# or abscon&s# or beco%es insane# or other(ise incapable or insuitable to &ischar'e the trust# the court %ay re%ove hi%# or in its &iscretion# %ay per%it hi% to resi'n. 6hen an e.ecutor or a&%inistrator &ies# resi'n# or is re%ove& the re%ainin' e.ecutor or a&%inistrator %ay a&%inister the the trust alone# unless the court 'rants letters to so%eone to act (ith hi%. !f there is no re%ainin' e.ecutor or a&%inistrator# a&%inistration %ay be to any suitable person. Se*t)o% -+ A&ts 'efore re(o&ation, resignation, or remo(al to 'e (alid. � +he la(ful acts of an e.ecutor or a&%inistrator before the revocation of his letters testa%entary or of a&%inistration# or before his resi'nation or re%oval# shall have the like vali&ity as if there ha& been no such revocation# resi'nation# or re%oval. Se*t)o% .+ Po%ers of ne% e2e&utor or administrator. Rene%al of li&ense to sell real estate. � +he person to (ho% letters testa%entary or of a&%inistration are 'rante& after the revocation of for%er letters# or the &eath# resi'nation# or re%oval of a for%er e.ecutor or a&%inistrator# shall have the like po(ers to collect an& settle the estate not a&%inistere& that the for%er e.ecutor or a&%inistrator ha&# an& %ay prosecute or &efen& actions co%%ence& by or a'ainst the for%er e.ecutor or a&%inistrator# an& have e.ecution on /u&'%ents recovere& in the na%e of such for%er e.ecutor or a&%inistrator. An authority 'rante& by the court to the for%er e.ecutor or a&%inistrator for the sale or %ort'a'e of real estate %ay be rene(e& in favor of such person (ithout further notice or hearin'.

RULE 3I%(e%tor2 &%1 A99r&)s&'+ Pro()s)o% for Su99ort of F&5)'2 Se*t)o% 1+ $n(entory and appraisal to 'e returned %ithin three months . � 6ithin three (2) %onths after his appoint%ent every e.ecutor or a&%inistrator shall return to the court a true inventory an& appraisal of all real an& personal estate of the &ecease& (hich has co%e into his possession or kno(le&'e. !n the appraise%ent of such estate# the court %ay or&er one or %ore of the inheritance ta. appraisers to 'ive his or their assistance. Se*t)o% ,+ Certain arti&le not to 'e in(entoried. � +he (earin' apparel of the survivin' husban& or (ife an& %inor chil&ren.# the %arria'e be& an& be&&in'# an& such provisions an& other articles as (ill necessarily be consu%e& in the substinence of the fa%ily of the &ecease&# un&er the &irection of the court# shall not be consi&ere& as assets# nor a&%inistere& as such# an& shall not be inclu&e& in the inventory.

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Se*t)o% -+ Allo%an&e to %ido% and family. � +he (i&o( an& %inor or incapacitate& chil&ren of a &ecease& person# &urin' the settle%ent of the estate# shall receive therefro%# un&er the &irection of the court# such allo(ance as are provi&e& by la(.

RULE 3. $e%er&' Po>ers &%1 Dut)es of E=e*utors &%1 A15)%)str&tors Se*t)o% 1+ 02e&utor or administrator to ha(e a&&ess to partnership 'oo/s and property. 7o% right enfor&ed. � +he e.ecutor or a&%inistrator of the estate of a &ecease& partner shall at all ti%es have access to# an& %ay e.a%ine an& take copies of# books an& papers relatin' to the partnership business# an& %ake e.a%ine an& %ake invoices of the property belon'in' to such partnership5 an& the survivin' partner or partners# on re<uest# shall e.hibit to hi% all such books# papers# an& property in their han&s or control. 7n the (ritten application of such e.ecutor or a&%inistrator# the court havin' /uris&iction of the estate %ay or&er any such survivin' partner or partners to freely per%it the e.ercise of the ri'hts# an& to e.hibit the books# papers# an& property# as in this section provi&e&# an& %ay punish any partner failin' to &o so for conte%pt. Se*t)o% ,+ 02e&utor or administrator to /eep 'uildings in repair . � An e.ecutor or a&%inistrator shall %aintain in tenanble repair the houses an& other structures an& fences belon'in' to the estate# an& &eliver the sa%e in such repair to the heirs or &evisees (hen &irecte& so to &o by the court. Se*t)o% -+ 02e&utor or administrator to retain %hole estate to pay de'ts# and to administer estate not %illed. � An e.ecutor or a&%inistrator shall have the ri'ht to the possession an& %ana'e%ent of the real as (ell as the personal estate of the &ecease& so lon' as it is necessary for the pay%ent of the &ebts an& the e.penses of a&%inistration.

RULE 3/ A**ou%t&<)')t2 &%1 Co59e%s&t)o% of E=e*utors &%1 A15)%)str&tors Se*t)o% 1+ 02e&utor or administrator &hargea'le %ith all estate and in&ome. � 4.cept as other(ise e.pressly provi&e& in the follo(in' sections# every e.ecutor or a&%inistrator is char'eable in his account (ith the (hole of the estate of the &ecease& (hich has co%e into his possession# at the value of the appraise%ent containe& in the inventory5 (ith all the interest# profit# an& inco%e of such estate5 an& (ith the procee&s of so %uch of the estate as is sol& by hi%# at the price at (hich it (as sol&. Se*t)o% ,+ Not to profit 'y in&rease or lose 'y de&rease in (alue . � ?o e.ecutor or a&%inistrator shall profit by the increase# or suffer loss by the &ecrease or &estruction# (ithout his fault# of any part of the estate. ;e %ust account for the e.cess (hen he sells any part of the estate for %ore than the appraise%ent# an& if any is sol& for the less than the appraise%ent# he is not responsible for the loss# if the sale has /ustly %a&e. !f he settles any clai% a'ainst the estate for less than its no%inal value# he is entitle& to char'e in his account only the a%ount he actually pai& on the settle%ent. Se*t)o% -+ ,hen not a&&ounta'le for de'ts due estate. � ?o e.ecutor or a&%inistrator shall be accountable for &ebts &ue the &ecease& (hich re%ain uncollecte& (ithout his fault. Se*t)o% .+ A&&ounta'le for in&ome from realty used 'y him. � !f the e.ecutor or a&%inistrator uses or occupies any part of the real estate hi%self# he shall account for it as %ay be a'ree& upon

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bet(een hi% an& the parties intereste&# or a&/uste& by the court (ith their assent5 an& if the parties &o not a'ree upon the su% to be allo(e&# the sa%e %ay be ascertaine& by the court# (hose &eter%ination in this respect shall be final. Se*t)o% /+ A&&ounta'le if he negle&ts or delays to raise or pay money . � 6hen an e.ecutor or a&%inistrator ne'lects or unreasonably &elays to raise %oney# by collectin' the &ebts or sellin' the real or personal estate of the &ecease&# or ne'lects to pay over the %oney he has in his han&s# an& the value of the estate is thereby lessene& or unnecessary cost or interest accrues# or the persons intereste& suffer loss# the sa%e shall be &ee%e& (aste an& the &a%a'e sustaine& %ay be char'e& an& allo(e& a'ainst hi% in his account# an& he shall be liable therefor on his bon&. Se*t)o% 0+ ,hen allo%ed money paid as &ost. � +he a%ount pai& by an e.ecutor or a&%inistrator for costs a(ar&e& a'ainst hi% shall be allo(e& in his a&%inistration account# unless it appears that the action or procee&in' in (hich the costs are ta.e& (as prosecute& or resiste& (ithout /ust cause# an& not in 'oo& faith. Se*t)o% 7+ ,hat e2penses and fees allo%ed e2e&utor or administrator . Not to &harge for ser(i&es as attorney. Compensation pro(ided 'y %ill &ontrols unless renoun&ed. � An e.ecutor or a&%inistrator shall be allo(e& the necessary e.penses the care# %ana'e%ent# an& settle%ent of the estate# an& for his services# four pesos per &ay for the ti%e actually an& necessarily e%ploye&# or a co%%ission upon the value of so %uch of the estate as co%es into his possession an& is finally &ispose& of by hi% in the pay%ent of &ebts# e.penses# le'acies# or &istributive shares# or by &elivery to heirs or &evisees# of t(o per &entum of the first five thousan& pesos of such value# one per &entum of so %uch of such value as e.cee&s five thousan& pesos an& &oes not e.cee& thirty thousan& pesos# one9half per &entum of so %uch of such value as e.cee& one hun&re& thousan& pesos. )ut in any special case# (here the estate is lar'e# an& the settle%ent has been atten&e& (ith 'reat &ifficulty# an& has re<uire& a hi'h &e'ree of capacity on the part of the e.ecutor or a&%inistrator# a 'reater su% %ay be allo(e&. !f ob/ection to the fees allo(e& be taken# the allo(ance %ay be re9e.a%ine& on appeal. !f there are t(o or %ore e.ecutors or a&%inistrators# the co%pensation shall be apportione& a%on' the% by the court accor&in' to the services actually ren&ere& by the% respectively. 6hen the e.ecutors or a&%inistrator is an attorney# he shall not char'e a'ainst the estate any professional fees for le'al services ren&ere& by hi%. 6hen the &ecease& by (ill %akes so%e other provision for the co%pensation of his e.ecutor# that provision shall be a full satisfaction for his services unless by a (ritten instru%ent file& in the court he renounces all clai% to the co%pensation provi&e& by the (ill. Se*t)o% 3+ ,hen e2e&utor or administrator to render a&&ount. � 4very e.ecutor or a&%inistrator shall ren&er an account of his a&%inistration (ithin one (-) year fro% the ti%e of receivin' letters testa%entary or of a&%inistration# unless the court other(ise &irects because of e.tensions of ti%e for presentin' clai%s a'ainst# or payin' the &ebts of# the estate# or for &isposin' of the estate5 an& he shall ren&er such further accounts as the court %ay re<uire until the estate is (holly settle&. Se*t)o% 9+ 02aminations on oath %ith respe&t to a&&ount � +he court %ay e.a%ine the e.ecutor or a&%inistrator upon oath (ith respect to every %atter relatin' to any account ren&ere& by hi%# an& shall so e.a%ine hi% as to the correctness of his account before the sa%e is allo(e&# e.cept (hen no ob/ection is %a&e to the allo(ance of the account an& its correctness is satisfactorily establishe& by co%petent proof. +he heirs# le'atees# &istributees# an& cre&itors of the estate shall have the sa%e privile'e as the e.ecutor or a&%inistrator of bein' e.a%ine& on oath on any %atter relatin' to an a&%inistration account.

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Se*t)o% 14+ A&&ount to 'e settled on noti&e. � )efore the account of an e.ecutor or a&%inistrator is allo(e&# notice shall be 'iven to persons intereste& of the ti%e an& place of e.a%inin' an& allo(in' the sa%e5 an& such notice %ay be 'iven personally to such persons intereste& or by a&vertise%ent in a ne(spaper or ne(spapers# or both# as the court &irects. Se*t)o% 11+ Surety on 'ond may 'e party to a&&ounting . � :pon the settle%ent of the account of an e.ecutor or a&%inistrator# a person liable as surety in respect to such account %ay# upon application# be a&%itte& as party to such accountin'.

RULE 30 C'&)5s A6&)%st Est&te Se*t)o% 1+ Noti&e to &reditors to 'e issued 'y &ourt. � !%%e&iately after 'rantin' letters testa%entary or of a&%inistration# the court shall issue a notice re<uirin' all persons havin' %oney clai%s a'ainst the &ece&ent to file the% in the office of the clerk of sai& court. Se*t)o% ,+ #ime %ithin %hi&h &laims shall 'e filed. � !n the notice provi&e& in the prece&in' section# the court shall estate the ti%e for the filin' of clai%s a'ainst the estate# (hich shall not be %ore than t(elve (-2) not less than si. (3) %onths after the &ate of the first publication of the notice. ;o(ever# at any ti%e before an or&er of &istribution is entere&# on application of a cre&itor (ho has faile& to file his clai% (ithin the previously li%ite&# the court %ay# for cause sho(n an& on such ter%s as are e<uitable# allo( such clai% to be file& (ithin a ti%e not e.cee&in' one (-) %onth. Se*t)o% -+ Pu'li&ation of noti&e to &reditors. � 4very e.ecutor or a&%inistrator shall# i%%e&iately after the notice to cre&itors is issue&# cause the sa%e to be publishe& three (2) (eeks successively in a ne(spaper of 'eneral circulation in the province# an& to be poste& for the sa%e perio& in four public places in the province an& in t(o public places in the %unicipality (here the &ece&ent last resi&e&. Se*t)o% .+ 8iling of &opy of printed noti&e. � 6ithin ten (-0) &ays after the notice has been publishe& an& poste& in accor&ance (ith the prece&in' section# the e.ecutor or a&%inistrator shall file or cause to be file& in the court a printe& copy of the notice acco%panie& (ith an affi&avit settin' forth the &ates of the first an& last publication thereof an& the na%e of the ne(spaper in (hich the sa%e is printe&. Se*t)o% /+ Claims %hi&h must 'e filed under the noti&e. $f not filed# 'arred5 e2&eptions. � All clai%s for %oney a'ainst the &ecent# arisin' fro% contract# e.press or i%plie&# (hether the sa%e be &ue# not &ue# or contin'ent# all clai%s for funeral e.penses an& e.pense for the last sickness of the &ece&ent# an& /u&'%ent for %oney a'ainst the &ecent# %ust be file& (ithin the ti%e li%ite& in the notice5 other(ise they are barre& forever# e.cept that they %ay be set forth as counterclai%s in any action that the e.ecutor or a&%inistrator %ay brin' a'ainst the clai%ants. 6here an e.ecutor or a&%inistrator co%%ences an action# or prosecutes an action alrea&y co%%ence& by the &ecease& in his lifeti%e# the &ebtor %ay set forth by ans(er the clai%s he has a'ainst the &ece&ent# instea& of presentin' the% in&epen&ently to the court as herein provi&e&# an& %utual clai%s %ay be set off a'ainst each other in such action5 an& if final /u&'%ent is ren&ere& in favor of the &efen&ant# the a%ount so &eter%ine& shall be consi&ere& the true balance a'ainst the estate# as thou'h the clai% ha& been presente& &irectly before the court in the a&%inistration procee&in's. "lai%s not yet &ue# or contin'ent# %ay be approve& at their present value. Se*t)o% 0+ Solidary o'ligation of de&edent. � 6here the obli'ation of the &ece&ent is soli&ary (ith another &ebtor# the clai% shall be file& a'ainst the &ece&ent as if he (ere the only &ebtor# (ithout

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pre/u&ice to the ri'ht of the estate to recover contribution fro% the &ebtor. !n a /oint obli'ation of the &ece&ent# the clai% shall be confine& to the portion belon'in' to hi%. Se*t)o% 7+ Mortgage de't due from estate. � A cre&itor hol&in' a clai% a'ainst the &ecease& secure& by %ort'a'e or other colateral security# %ay aban&on the security an& prosecute his clai% in the %anner provi&e& in this rule# an& share in the 'eneral &istribution of the assets of the estate5 or he %ay foreclose his %ort'a'e or reali0e upon his security# by action in court# %akin' the e.ecutor or a&%inistrator a party &efen&ant# an& if there is a /u&'%ent for a &eficiency# after the sale of the %ort'a'e& pre%ises# or the property ple&'e&# in the foreclosure or other procee&in' to reali0e upon the security# he %ay clai% his &eficiency /u&'%ent in the %anner provi&e& in the prece&in' section or he %ay rely upon his %ort'a'e or other security alone# an& foreclosure the sa%e at any ti%e (ithin the perio& of the statute of li%itations# an& in that event he shall not be a&%itte& as a cre&itor# an& shall receive no share in the &istribution of the other assets of estate5 but nothin' herein containe& shall prohibit the e.ecutor or a&%inistrator fro% re&ee%in' the property %ort'a'e& or ple&'e&# by payin' the &ebt for (hich it is hel& as security# un&er the &irection of the court# if the court shall a&/u&'e it to be for the best interest of the estate that such re&e%ption shall be %a&e. Se*t)o% 3+ Claim of e2e&utor or administrator against an estate. � !f the e.ecutor or a&%inistrator has a clai% a'ainst the estate he represents# he shall 'ive notice thereof# in (ritin'# to the court# an& the court shall appoint a special a&%inistrator# (ho shall# in the a&/ust%ent of such clai%# have the sa%e po(er an& be sub/ect to the sa%e liability as the 'eneral a&%inistrator or e.ecutor in the settle%ent of other clai%s. +he court %ay or&er the e.ecutor or a&%inistrator to pay to the special a&%inistrator necessary fun&s to &efen& such clai%. Se*t)o% 9+ 7o% to file a &laim. Contents thereof. Noti&e to e2e&utor or administrator. � A clai% %ay be file& by &eliverin' the sa%e (ith the necessary vouchers to the clerk of court an& by servin' a copy thereof on the e.ecutor or a&%inistrator. !f the clai% be foun&e& on a bon&# bill# note# or any other instru%ent# the ori'inal nee& not be file&# but a copy thereof (ith all in&orse%ents shall be attache& to the clai% an& file& there(ith. 7n &e%an&# ho(ever# of the e.ecutor or a&%inistrator# or by or&er of the court or /u&'e# the ori'inal shall be e.hibite&# unless it be list or &estroye&# in (hich case the clai%ant %ust acco%pany his clai% (ith affi&avit or affi&avits containin' a copy or particular &escription of the instru%ent an& statin' its loss or &estruction. 6hen the clai% is &ue# it %ust be supporte& by affi&avit statin' the a%ount /ustly &ue# that no pay%ents have been %a&e thereon (hich are not cre&ite&# an& that there are no offsets to the sa%e# to the kno(le&'e of the affiant. !f the clai% is not &ue# or is contin'ent# (hen file&# it %ust also be supporte& by affi&avits statin' the particulars thereof. 6hen the affi&avit is %a&e by a person other than the clai%ant# he %ust set forth therein the reason (hy it is not %a&e by the clai%ant. +he clai% once file& shall be attache& to the recor& of the case in (hich the letters testa%entary or of a&%inistration (ere issue&# althou'h the court# in its &iscretion# an& as a %atter of convenience# %ay or&er all the clai%s to be collecte& in a separate fol&er. Se*t)o% 14+ Ans%er of e2e&utor or administrator. )ffsets �6ithin fifteen (-5) &ays after service of a copy of the clai% on the e.ecutor or a&%inistrator# he shall file his ans(er a&%ittin' or &enyin' the clai% specifically# an& settin' forth the a&%ission or &enial. !f he has no kno(le&'e sufficient to enable hi% to a&%it or &eny specifically# he shall state such (ant of kno(le&'e. +he e.ecutor or a&%inistrator in his ans(er shall alle'e in offset any clai% (hich the &ece&ent before &eath ha& a'ainst the clai%ant# an& his failure to &o so shall bar the clai% forever. A copy of the ans(er shall be serve& by the e.ecutor or a&%inistrator on the clai%ant. +he court in its &iscretion %ay e.ten& the ti%e for filin' such ans(er. Se*t)o% 11+ 1isposition of admitted &laim. � Any clai% a&%itte& entirely by the e.ecutor or a&%inistrator shall i%%e&iately be sub%itte& by the clerk to the court (ho %ay approve the sa%e (ithout hearin'5 but the court# in its &iscretion# before approvin' the clai%# %ay or&er that kno(n heirs# le'atees# or &evisees be notifie& an& hear&. !f upon hearin'# an heir# le'atees# or &evisee

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opposes the clai%# the court %ay# in its &iscretion# allo( hi% fifteen (-5) &ays to file an ans(er to the clai% in the %anner prescribe& in the prece&in' section. Se*t)o% 1,+ #rial of &ontested &laim. � :pon the filin' of an ans(er to a clai%# or upon the e.piration of the ti%e for such filin'# the clerk of court shall set the clai% for trial (ith notice to both parties. +he court %ay refer the clai% to a co%%issioner. Se*t)o% 1-+ *udgment appeala'le. � +he /u&'%ent of the court approvin' or &isapprovin' a clai%# shall be file& (ith the recor& of the a&%inistration procee&in's (ith notice to both parties# an& is appealable as in or&inary cases. A /u&'%ent a'ainst the e.ecutor or a&%inistrator shall be that he pay# in &ue course of a&%inistration# the a%ount ascertaine& to be &ue# an& it shall not create any lien upon the property of the estate# or 'ive to the /u&'%ent cre&itor any priority of pay%ent. Se*t)o% 1.+ Costs. � 6hen the e.ecutor or a&%inistrator# in his ans(er# a&%its an& offers to pay part of a clai%# an& the clai%ant refuses to accept the a%ount offere& in satisfaction of his clai%# if he fails to obtain a %ore favorable /u&'%ent# he cannot recover costs# but %ust pay to the e.ecutor or a&%inistrator costs fro% the ti%e of the offer. 6here an action co%%ence& a'ainst the &ecease& for %oney has been &iscontinue& an& the clai% e%brace& therein presente& as in this rule provi&e&# the prevailin' party shall be allo(e& the costs of his action up to the ti%e of its &iscontinuance.

RULE 37 A*t)o%s ;2 &%1 A6&)%st E=e*utors &%1 A15)%)str&tors Se*t)o% 1+ A&tions %hi&h may and %hi&h may not 'e 'rought against e2e&utor or administrator . � ?o action upon a clai% for the recovery of %oney or &ebt or interest thereon shall be co%%ence& a'ainst the e.ecutor or a&%inistrator5 but to recover real or personal property# or an interest therein# fro% the estate# or to enforce a lien thereon# an& actions to recover &a%a'es for an in/ury to person or property# real or personal# %ay be co%%ence& a'ainst hi%. Se*t)o% ,+ 02e&utor or administrator may 'ring or defend a&tions %hi&h sur(i(e. � @or the recovery or protection of the property or ri'hts of the &ecease&# an e.ecutor or a&%inistrator %ay brin' or &efen&# in the ri'ht of &ecease&# actions for causes (hich survive. Se*t)o% -+ 7eir may not sue until shall assigned � 6hen an e.ecutor or a&%inistrator is appointe& an& assu%es the trust# no action to recover the title or possession of lan&s or for &a%a'es &one to such lan&s shall be %aintaine& a'ainst hi% by an heir or &evisee until there is an or&er of the court assi'nin' such lan&s to such heir or &evisee or until the ti%e allo(e& for payin' &ebts has e.pire&. Se*t)o% .+ 02e&utor or administrator may &ompound %ith de'tor. � 6ithin the approval of the court# an e.ecutor or a&%inistrator %ay co%poun& (ith the &ebtor of the &ecease& for a &ebt &ue# an& %ay 'ive a &ischar'e of such &ebt on receivin' a /ust &ivi&en& of the estate of the &ebtor. Se*t)o% /+ Mortgage due estate may 'e fore&losed. � A %ort'a'e belon'in' to the estate of a &ecease& person# as %ort'a'ee or assi'nee of the ri'ht or a %ort'a'e# %ay be foreclose& by the e.ecutor or a&%inistrator. Se*t)o% 0+ Pro&eedings %hen property &on&ealed, em'e99led, or fraudulently &on(eyed . � !f an e.ecutor or a&%inistrator# heir# le'atee# cre&itor or other in&ivi&ual intereste& in the estate of the &ecease&# co%plains to the court havin' /uris&iction of the estate that a person is suspecte& of havin' conceale&# e%be00le&# or conveye& a(ay any of the %oney# 'oo&s# or chattels of the &ecease&# or that

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such person has in his possession or has kno(le&'e of any &ee&# conveyance# bon&# contract# or other (ritin' (hich contains evi&ence of or ten&s or &iscloses the ri'ht# title# interest# or clai% of the &ecease&# the court %ay cite such suspecte& person to appear before it any %ay e.a%ine hi% on oath on the %atter of such co%plaint5 an& if the person so cite& refuses to appear# or to ans(er on such e.a%ination or such interro'atories as are put to hi%# the court %ay punish hi% for conte%pt# an& %ay co%%it hi% to prison until he sub%its to the or&er of the court. +he interro'atories put any such person# an& his ans(ers thereto# shall be in (ritin' an& shall be file& in the clerkDs office. Se*t)o% 7+ Person entrusted %ith estate &ompelled to render a&&ount. � +he court# on co%plaint of an e.ecutor or a&%inistrator# %ay cite a person entruste& by an e.ecutor or a&%inistrator (ith any part of the estate of the &ecease& to appear before it# an& %ay re<uire such person to ren&er a full account# on oath# of the %oney# 'oo&s# chattels# bon&s# account# or other papers belon'in' to such estate as ca%e to his possession in trust for such e.ecutor or a&%inistrator# an& of his procee&in's thereon5 an& if the person so cite& refuses to appear to ren&er such account# the court %ay punish hi% for conte%pt as havin' &isobeye& a la(ful or&er of the court. Se*t)o% 3+ 0m'e99lement 'efore letters issued � !f a person# before the 'rantin' of letters testa%entary or of a&%inistration on the estate of the &ecease&# e%be00les or alienates any of the %oney# 'oo&s# chattels# or effects of such &ecease&# such person shall be liable to an action in favor of the e.ecutor or a&%inistrator of the estate for &ouble the value of the property sol&# e%be00le&# or alienate&# to be recovere& for the benefit of such estate. Se*t)o% 9+ Property fraudulently &on(eyed 'y de&eased may 'e re&o(ered. ,hen e2e&utor or administrator must 'ring a&tion. � 6hen there is a &eficiency of assets in the han&s of an e.ecutor or a&%inistrator for the pay%ent of &ebts an& e.penses of a&%inistration# an& the &ecease& in his lifeti%e ha& conveye& real or personal property# or a ri'ht or interest therein# or an &ebt or cre&it# (ith intent to &efrau& his cre&itors or to avoi& any ri'ht# &ebt# or &uty5 or ha& so conveye& such property# ri'ht# interest# &ebt or cre&it that by la( the conveyance (oul& be voi& as a'ainst his cre&itors# an& the sub/ect of the atte%pte& conveyance (oul& be liable to attach%ent by any of the% in his lifeti%e# the e.ecutor or a&%inistrator %ay co%%ence an& prosecute to final /u&'%ent an action for the recovery of such property# ri'ht# interest# &ebt# or cre&it for the benefit of the cre&itors5 but he shall not be boun& to co%%ence the action unless on application of the cre&itors of the &ecease&# not unless the cre&itors %akin' the application pay such part of the costs an& e.penses# or 'ive security therefor to the e.ecutor or a&%inistrator# as the court &ee%s e<uitable. Se*t)o% 14+ ,hen &reditor may 'ring a&tion. ;ien for &osts. � 6hen there is such a &eficiency of assets# an& the &ecease& in his lifeti%e ha& %a&e or atte%pte& such a conveyance# as is state& in the last prece&in' section# an& the e.ecutor or a&%inistrator has not co%%ence& the action therein provi&e& for# any cre&itor of the estate %ay# (ith the per%ission of the court# co%%ence an& prosecute to final /u&'%ent# in the na%e of the e.ecutor or a&%inistrator# a like action for the recovery of the sub/ect of the conveyance or atte%pte& conveyance for the benefit of the cre&itors. )ut the action shall not be co%%ence& until the cre&itor has file& in a court a bon& e.ecute& to the e.ecutor or a&%inistrator# in an a%ount approve& by the /u&'e# con&itione& to in&e%nify the e.ecutor or a&%inistrator a'ainst the costs an& e.penses incurre& by reason of such action. $uch cre&itor shall have a lien upon any /u&'%ent recovere& by hi% in the action for such costs an& other e.penses incurre& therein as the court &ee%s e<uitable. 6here the conveyance or atte%pte& conveyance ha& been %a&e by the &ecease& in his lifeti%e in favor of the e.ecutor or a&%inistrator# the action (hich a cre&it %ay brin' shall be in the na%e of all the cre&itors# an& per%ission of the court an& filin' of bon& as above prescribe&# are not necessary.

RULE 33 P&25e%t of the De<ts of the Est&te

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Se*t)o% 1+ 1e'ts paid in full if estate suffi&ient. � !f# after hearin' all the %oney clai%s a'ainst the estate# an& after ascertainin' the a%ount of such clai%s# it appears that there are sufficient assets to pay the &ebts# the e.ecutor or a&%inistrator pay the sa%e (ithin the ti%e li%ite& for that purpose. Se*t)o% ,+ Part of estate from %hi&h de't paid %hen pro(ision made 'y %ill . � !f the testator %akes provision by his (ill# or &esi'nates the estate to be appropriate& for the pay%ent of his &ebts# the e.penses of a&%inistration# or the fa%ily e.penses# they shall be pai& accor&in' to the provisions of the (ill5 but if the provision %a&e by the (ill or the estate appropriate&# is not sufficient for that purpose# such part of the estate of the testator# real or personal# as is not &ispose& of by (ill# if any shall be appropriate& for that purpose. Se*t)o% -+ Personalty first &hargea'le for de'ts, then realty. � +he personal estate of the &ecease& not &ispose& of by (ill shall be first char'eable (ith the pay%ent of &ebts an& e.penses5 an& if sai& personal estate is not sufficient for tat purpose# or its sale (oul& re&oun& to the &etri%ent of the participants for the estate# the (hole of the real estate not &ispose of by (ill# or so %uch thereof as is necessary# %ay be sol&# %ort'a'e&# or other(ise encu%bere& for that purpose by the e.ecutor or a&%inistrator# after obtainin' the authority of the court therefor. Any &eficiency shall be %et by contributions in accor&ance (ith the provisions of section 3 of this rule. Se*t)o% .+ 0state to 'e retained to meet &ontingent &laims. � !f the court is satisfie& that a contin'ent clai% &uly file& is vali&# it %ay or&er the e.ecutor or a&%inistrator to retain in his han&s sufficient estate to pay such contin'ent clai% (hen the sa%e beco%es absolute# or if the estate is insolvent# sufficient to pay a portion e<ual to the &ivi&en& of the other cre&itors. Se*t)o% /+ 7o% &ontingent &laim 'e&oming a'solute in t%o years allo%ed and paid . A&tion against distri'utees later. � !f such contin'ent clai% beco%es absolute an& is presente& to the court# or to the e.ecutor or a&%inistrator# (ithin t(o (2) years fro% the ti%e li%ite& for other cre&itors to present their clai%s# it %ay be allo(e& by the court if not &ispute& by the e.ecutor or a&%inistrator an&# if &ispute&# it %ay be prove& an& allo(e& or &isallo(e& by the court as the facts %ay (arrant. !f the contin'ent clai% is allo(e&# the cre&itor shall receive pay%ent to the sa%e e.tent as the other cre&itors if the estate retaine& by the e.ecutor or a&%inistrator is sufficient. )ut if the clai% is not so presente&# after havin' beco%e absolute# (ithin sai& t(o (2) years# an& allo(e&# the assets retaine& in the han&s of the e.ecutor or a&%inistrator# not e.hauste& in the pay%ent of clai%s# shall be &isturbe& by the or&er of the court to the persons entitle& to the sa%e5 but the assets so &istribute& %ay still be applie& to the pay%ent of the clai% (hen establishe&# an& the cre&itor %ay %aintain an action a'ainst the &istributees to recover the &ebt# an& such &istributees an& their estates shall be liable for the &ebt in proportion to the estate they have respectively receive& fro% the property of the &ecease&. Se*t)o% 0+ Court to fi2 &ontri'uti(e shares %here de(isees, legalitees, or heirs ha(e 'een possession. � 6here &evisees# le'alitees# or heirs have entere& into possession of portions of the estate before the &ebts an& e.penses have been settle& an& pai&# an& have beco%e liable to contribute for the pay%ent of such &ebts an& e.penses# the court havin' /uris&iction of the estate %ay# by or&er for that purpose# after hearin'# settle the a%ount of their several liabilities# an& or&er ho( %uch an& in (hat %anner each person shall contribute# an& %ay issue e.ecution as circu%stances re<uire. Se*t)o% 7+ )rder of payment if estate insol(ent � !f the assets (hich can be appropriate& for the pay%ent of &ebts are not sufficient for that purpose# the e.ecutor or a&%inistrator shall pay the &ebts a'ainst the estate# observin' the provisions of Articles -05> an& 222> to 225- of the "ivil "o&e. Se*t)o% 3+ 1i(idends to 'e paid in proportion to &laims . � !f there are no assets sufficient to pay the cre&its of any once class of cre&itors after payin' the cre&its entitle& to preference over it# each cre&itor (ithin such class shall be pai& a &ivi&en& in proportion to his clai%. ?o cre&itor of any one class shall receive any pay%ent until those of the prece&in' class are pai&.

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Se*t)o% 9+ 0state of insol(ent non-resident, ho% disposed of. � !n case a&%inistration is taken in the Philippine of the estate of a person (ho (as at the ti%e of his &eath an inhabitant of another country# an& (ho &ie& insolvent# hi estate foun& in the Philippines shall# as far as practicable# be so &ispose& of that his cre&itors here an& else(here %ay receive each an e<ual share# in proportion to their respective cre&its. Se*t)o% 14+ ,hen and ho% &laim pro(ed outside the Philippines against insol(ent resident>s estate paid. � !f it appears to the court havin' /uris&iction that clai%s have been &uly proven in another country a'ainst the estate of an insolvent (ho (as at the ti%e of his &eath an inhabitant of the Philippines# an& that the e.ecutor or a&%inistrator in the Philippines ha& kno(le&'e of the presentation of such clai%s in such country an& an opportunity to contest their allo(ance# the court shall receive a certifie& list of such clai%s# (hen perfecte& in such country# an& a&& the sa%e to the list of clai%s prove& a'ainst the &ecease& person in the Philippines so that a /ust &istribution of the (hole estate %ay be %a&e e<ually a%on' all its cre&itors accor&in' to their respective clai%s5 but the benefit of this an& the prece&in' sections shall not be e.ten&e& to the cre&itors in another country if the property of such &ecease& person there foun& is not e<ually apportione& to the cre&itors resi&in' in the Philippines an& the other cre&itor# accor&in' to their respective clai%s. Se*t)o% 11+ )rder for payment of de'ts. � )efore the e.piration of the ti%e li%ite& for the pay%ent of the &ebts# the court shall or&er the pay%ent thereof# an& the &istribution of the assets receive& by the e.ecutor or a&%inistrator for that purpose a%on' the cre&itors# as the circu%stances of the estate re<uire an& in accor&ance (ith the provisions of this rule. Se*t)o% 1,+ )rders relating to payment of de'ts %here appeal is ta/en . � !f an appeal has been taken fro% a &ecision of the court concernin' a clai%# the court %ay suspen& the or&er for the pay%ent of the &ebts or %ay or&er the &istributions a%on' the cre&itors (hose clai%s are &efinitely allo(e&# leavin' in the han&s of the e.ecutor or a&%inistrator sufficient assets to pay the clai% &ispute& an& appeale&. 6hen a &ispute& clai% is finally settle& the court havin' /uris&iction of the estate shall or&er the sa%e to be pai& out of the assets retaine& to the sa%e e.tent an& in the sa%e proportion (ith the clai%s of other cre&itors. Se*t)o% 1-+ ,hen su'se:uent distri'ution of assets ordered. � !f the (hole of the &ebts are not pai& on the first &istribution# an& if the (hole assets are not &istribute&# or other assets after(ar&s co%e to the han&s of the e.ecutor or a&%inistrator# the court %ay fro% ti%e to ti%e %ake further or&ers for the &istributions of assets. Se*t)o% 1.+ Creditors to 'e paid in a&&ordan&e %ith terms of order. � 6hen an or&er is %a&e for the &istribution of assets a%on' the cre&itors# the e.ecutor or a&%inistration shall# as soon as the ti%e of pay%ent arrives# pay the cre&itors the a%ounts of their clai%s# or the &ivi&en& thereon# in accor&ance (ith the ter%s of such or&er. Se*t)o% 1/+ #ime for paying de'ts and lega&ies fi2ed# or e2tended after noti&e# %ithin %hat periods. � 7n 'rantin' letters testa%entary or a&%inistration the court shall allo( to the e.ecutor or a&%inistrator a ti%e for &isposin' of the estate an& payin' the &ebts an& le'acies of the &ecease&# (hich shall not# in the first instance# e.cee& one (-) year5 but the court %ay# on application of the e.ecutor or a&%inistrator an& after hearin' on such notice of the ti%e an& place therefor 'iven to all persons intereste& as it shall &irect# e.ten& the ti%e as the circu%stances of the estate re<uire not e.cee&in' si. (3) %onths for a sin'le e.tension not so that the (hole perio& allo(e& to the ori'inal e.ecutor or a&%inistrator shall e.cee& t(o (2) years. Se*t)o% 10+ Su&&essor of dead e2e&utor or administrator may ha(e time e2tended on noti&e %ithin &ertain period. � 6hen an e.ecutor or a&%inistrator &ies# an& a ne( a&%inistrator of the sa%e estate is appointe&# the court %ay e.ten& the ti%e allo(e& for the pay%ent of the &ebts or le'acies beyon& the ti%e allo(e& to the ori'inal e.ecutor or a&%inistrator# not e.cee&in' si. (3) %onths at a ti%e an& not e.cee&in' si. (3) %onths beyon& the ti%e (hich the court %i'ht have allo(e& to such

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ori'inal e.ecutor or a&%inistrator5 an& notice shall be 'iven of the ti%e an& place for hearin' such application# as re<uire& in the last prece&in' section.

RULE 39 S&'es, Mort6&6es, &%1 Other E%*u5<r&%*es of Pro9ert2 of De*e1e%t Se*t)o% 1+ )rder of sale of personalty. � :pon the application of the e.ecutor or a&%inistrator# an& on (ritten notice to the heirs an& other persons intereste&# the court %ay or&er the (hole or a part of the personal estate to be sol&# if it appears necessary for the purpose of payin' &ebts# e.penses of a&%inistration# or le'acies# or for the preservation of the property. Se*t)o% ,+ ,hen &ourt may authori9e sale, mortgage, or other en&um'ran&e of realty to pay de'ts and lega&ies through personalty not e2hausted. � 6hen the personal estate of the &ecease& is not sufficient to pay the &ebts# e.penses of a&%inistration# an& le'acies# or (here the sale of such personal estate %ay in/ure the business or other interests of those intereste& in the estate# an& (here a testator has not other(ise %a&e sufficient provision for the pay%ent of such &ebts# e.penses# an& le'acies# the court# on the application of the e.ecutor or a&%inistrator an& on (ritten notice of the heirs# &evisees# an& le'atees resi&in' in the Philippines# %ay authori0e the e.ecutor or a&%inistrator to sell# %ort'a'e# or other(ise encu%ber so %uch as %ay be necessary of the real estate# in lieu of personal estate# for the purpose of payin' such &ebts# e.penses# an& le'acies# if it clearly appears that such sale# %ort'a'e# or encu%brance (oul& be beneficial to the persons intereste&5 an& if a part cannot be sol&# %ort'a'e&# or other(ise encu%bere& (ithout in/ury to those intereste& in the re%ain&er# the authority %ay be for the sale# %ort'a'e# or other encu%brance of the (hole of such real estate# or so %uch thereof as is necessary or beneficial un&er the circu%stances. Se*t)o% -+ Persons interested may pre(ent su&h sale# et&.# 'y gi(ing 'ond. � ?o such authority to sell# %ort'a'e# or other(ise encu%ber real or personal estate shall be 'rante& if any person intereste& in the estate 'ives a bon&# in a su% to be fi.e& by the court# con&itione& to pay the &ebts# e.penses of a&%inistration# an& le'acies (ithin such ti%e as the court &irects5 an& such bon& shall be for the security of the cre&itors# as (ell as of the e.ecutor or a&%inistrator# an& %ay be prosecute& for the benefit of either. Se*t)o% .+ ,hen &ourt may authori9e sale of estate as 'enefi&ial to interested persons . 1isposal of pro&eeds. � 6hen it appears that the sale of the (hole or a part of the real or personal estate# (ill be beneficial to the heirs# &evisees# le'atees# an& other intereste& persons# the court %ay# upon application of the e.ecutor or a&%inistrator an& on (ritten notice to the heirs# &evisees# an& le'atees (ho are intereste& in the estate to be sol&# authori0e the e.ecutor or a&%inistrator to sell the (hole or a part of sai& estate# althou'h not necessary to pay &ebts# le'acies# or e.penses of a&%inistration5 but such authority shall not be 'rante& if inconsistent (ith the provisions of a (ill. !n case of such sale# the procee&s shall be assi'ne& to the persons entitle& to the estate in the proper proportions. Se*t)o% /+ ,hen &ourt may authori9e sale, mortgage, or other en&um'ran&e of estate to pay de'ts and lega&ies in other &ountries. � 6hen the sale of personal estate# or the sale# %ort'a'e# or other encu%brance of real estate is not necessary to pay the &ebts# e.penses of a&%inistration# or le'acies in the Philippines# but it appears fro% recor&s an& procee&in's of a probate court in another country that the estate of the &ecease& in such other country is not sufficient to pay the &ebts# e.penses of a&%inistration# an& le'acies there# the court here %ay authori0e the e.ecutor or a&%inistrator to sell the personal estate or to sell# %ort'a'e# or other(ise encu%ber the real estate for the pay%ent of &ebts or le'acies in the other country# in sa%e %anner as for the pay%ent of &ebts or le'acies in the Philippines.

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Se*t)o% 0+ ,hen &ourt may authori9e sale, mortgage, or other en&um'ran&e of realty a&:uired on e2e&ution or fore&losure. � +he court %ay authori0e an e.ecutor or a&%inistrator to sell %ort'a'e# or other(ise encu%ber real estate ac<uire& by hi% on e.ecution or foreclosure sale# un&er the sa%e cicu%stances an& un&er the sa%e re'ulations as prescribe& in this rule for the sale# %ort'a'e# or other encu%brance of other real estate. Se*t)o% 7+ Regulation for granting authority to sell, mortgage, or other%ise en&um'er estate . � +he court havin' /uris&iction of the estate of the &ecease& %ay authori0e the e.ecutor or a&%inistrator to sell personal estate# or to sell# %ort'a'e# or other(ise encu%ber real estate# in cases provi&e& by these rules an& (hen it appears necessary or beneficial un&er the follo(in' re'ulations. (a) +he e.ecutor or a&%inistrator shall file a (ritten petition settin' forth the &ebts &ue fro% the &ecease&# the e.penses of a&%inistration# the le'acies# the value of the personal estate# the situation of the estate to be sol&# %ort'a'e&# or other(ise encu%bere&# an& such other facts as sho( that the sale# %ort'a'e# or other encu%brance is necessary or beneficial. (b) +he court shall thereupon fi. a ti%e an& place for hearin' such petition# an& cause notice statin' the nature of the petition# the reasons for the sa%e# an& the ti%e an& place of hearin'# to be 'iven personally or by %ail to the persons intereste&# an& %ay cause such further notice to be 'iven# by publication or other(ise# as it shall &ee% proper5 (c) !f the court re<uires it# the e.ecutor or a&%inistrator shall 'ive an a&&itional bon&# in such su% as the court &irects# con&itione& that such e.ecutor or a&%inistrator (ill account for the procee&s of the sale# %ort'a'e# or other encu%brance5 (&) !f the re<uire%ents in the prece&in' sub&ivisions of this section have been co%plie& (ith# the court# by or&er statin' such co%pliance# %ay authori0e the e.ecutor or a&%inistrator to sell# %ort'a'e# or other(ise encu%ber# in proper cases# such part of the estate as is &ee%e& necessary# an& in case of sale the court %ay authori0e it to be public or private# as (oul& be %ost beneficial to all parties concerne&. +he e.ecutor or a&%inistrator shall be furnishe& (ith a certifie& copy of such or&er5 (e) !f the estate is to be sol& at auction# the %o&e of 'ivin' notice of the ti%e an& place of the sale shall be 'overne& by the provisions concernin' notice of e.ecution sale5 (f) +here shall be recor&e& in the re'istry of &ee&s of the province in (hich the real estate thus sol&# %ort'a'e# or other(ise encu%bere& is situate&# a certifie& copy of the or&er of the court# to'ether (ith the &ee& of the e.ecutor or a&%inistrator for such real estate# (hich shall be as vali& as if the &ee& ha& been e.ecute& by the &ecease& in his lifeti%e. Se*t)o% 3+ ,hen &ourt may authori9e &on(eyan&e of realty %hi&h de&eased &ontra&ted to &on(ey . Noti&e. 0ffe&t of deed. � 6here the &ecease& (as in his lifeti%e un&er contract# bin&in' in la(# to &ee& real property# or an interest therein# the court havin' /uris&iction of the estate %ay# on application for that purpose# authori0e the e.ecutor or a&%inistrator to convey such property accor&in' to such contract# or (ith such %o&ifications as are a'ree& upon by the parties an& approve& by the court5 an& if the contract is to convey real property to the e.ecutor or a&%inistrator# the clerk of court shall e.ecute the &ee&. +he &ee& e.ecute& by such e.ecutor# a&%inistrator# or clerk of court shall be as affectual to convey the property as if e.ecute& by the &ecease& in his lifeti%e5 but no such conveyance shall be authori0e& until notice of the application for that purpose has been 'iven personally or by %ail to all persons intereste&# an& such further notice has been 'iven# by publication or other(ise# as the court &ee%s proper5 nor if the assets in the han&s of the e.ecutor or a&%inistrator (ill thereby be re&uce& so as to prevent a cre&itor fro% receivin' his full &ebt or &i%inish his &ivi&en&.

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Se*t)o% 9+ ,hen &ourt may authori9e &on(eyan&e of lands %hi&h de&eased held in trust . � 6here the &ecease& in his lifeti%e hel& real property in trust for another person# the court %ay after notice 'iven as re<uire& in the last prece&in' section# authori0e the e.ecutor or a&%inistrator to &ee& such property to the person# or his e.ecutor or a&%inistrator# for (hose use an& benefit it (as so hel&5 an& the court %ay or&er the e.ecution of such trust# (hether create& by &ee& or by la(.

RULE 94 D)str)<ut)o% &%1 P&rt)t)o% of the Est&te Se*t)o% 1+ ,hen order for distri'ution of reside made. � 6hen the &ebts# funeral char'es# an& e.penses of a&%inistration# the allo(ance to the (i&o(# an& inheritance ta.# if any# char'eable to the estate in accor&ance (ith la(# have been pai&# the court# on the application of the e.ecutor or a&%inistrator# or of a person intereste& in the estate# an& after hearin' upon notice# shall assi'n the resi&ue of the estate to the persons entitle& to the sa%e# na%in' the% an& the proportions# or parts# to (hich each is entitle&# an& such persons %ay &e%an& an& recover their respective shares fro% the e.ecutor or a&%inistrator# or any other person havin' the sa%e in his possession. !f there is a controversy before the court as to (ho are the la(ful heirs of the &ecease& person or as the &istributive shares to (hich each person is entitle& un&er the la(# the controversy shall be hear& an& &eci&e& as in or&inary cases. ?o &istribution shall be allo(e& until the pay%ent of the obli'ations above %entione& has been %a&e or provi&e& for# unless the &istributees# or any of the%# 'ive a bon&# in a su% to be fi.e& by the court# con&itione& for the pay%ent of sai& obli'ations (ithin such ti%e as the court &irects. Se*t)o% ,+ <uestions as to ad(an&ement to 'e determined . � Questions as to a&vance%ent %a&e# or alle'e& to have been %a&e# by the &ecease& to any heir %ay be hear& an& &eter%ine& by the court havin' /uris&iction of the estate procee&in's5 an& the final or&er of the court thereon shall be bin&in' on the person raisin' the <uestions an& on the heir. Se*t)o% -+ By %hom e2penses of partition paid. � !f at the ti%e of &istribution the e.ecutor or a&%inistrator has retaine& sufficient effects in his han&s (hich %ay la(fully be applie& for the e.penses of partition of the properties &istribute&# such e.penses of partition %ay be pai& by such e.ecutor or a&%inistrator (hen it appears e<uitable to the court an& not inconsistent (ith the intention of the testator5 other(ise# they shall be pai& by the parties in proportion to their respective shares or interest in the pre%ises# an& the apportion%ent shall be settle& an& allo(e& by the court# an&# if any person intereste& in the partition &oes not pay his proportion or share# the court %ay issue an e.ecution in the na%e of the e.ecutor or a&%inistrator a'ainst the party not payin' the su% assesse&. Se*t)o% .+ Re&ording the order of partition of estate. � "ertifie& copies of final or&ers an& /u&'%ents of the court relatin' to the real estate or the partition thereof shall be recor&e& in the re'istry of &ee&s of the province (here the property is situate&.

RULE 91 Es*he&ts Se*t)o% 1+ ,hen an 'y %hom petition filed. � 6hen a person &ies intestate# sei0e& of real property in the Philippines# leavin' no heir or person by la( entitle& to the sa%e# the $olicitor Aeneral or his

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representative in behalf of the ,epublic of the Philippines# %ay file a petition in the "ourt of @irst !nstance of the province (here the &ecease& last resi&e& or in (hich he ha& estate# if he resi&e& out of the Philippines# settin' forth the facts# an& prayin' that the estate of the &ecease& be &eclare& escheate&. Se*t)o% ,+ )rder for hearing. � !f the petition is sufficient in for% an& substance# the court# by an or&er recitin' the purpose of the petition# shall fi. a &ate an& place for the hearin' thereof# (hich &ate shall be not %ore than si. (3) %onths after the entry of the or&er# an& shall &irect that a copy of the or&er be publishe& before the hearin' at least once a (eek for si. (3) successive (eeks in so%e ne(spaper of 'eneral circulation publishe& in the province# as the court shall be &ee% best. Se*t)o% -+ 7earing and +udgment. � :pon satisfactory proof in open court on the &ate fi.e& in the or&er that such or&er has been publishe& as &irecte& an& that the person &ie& intestate# sei0e& of real or personal property in the Philippines# leavin' no heir or person entitle& to the sa%e# an& no sufficient cause bein' sho(n to the contrary# the court shall a&/u&'e that the estate of the estate of the &ecease& in the Philippines# after the pay%ent of /ust &ebts an& char'es# shall escheat5 an& shall# pursuant to la(# assi'n the personal estate to the %unicipality or city (here he last resi&e& in the Philippines# an& the real estate to the %unicipalities or cities# respectively# in (hich the sa%e is situate&. !f the &ecease& never resi&e& in the Philippines# the (hole estate %ay be assi'ne& to the respective %unicipalities or cities (here the sa%e is locate&. $hall estate shall be for the benefit of public schools# an& public charitable institutions an& centers in sai& %unicipalities or cities. +he court# at the instance of an intereste& party# or on its o(n %otion# %ay or&er the establish%ent of a per%anent trust# so that the only inco%e fro% the property shall be use&. Se*t)o% .+ ,hen and 'y %hom &laim to estate filed. � !f a &evisee# le'atee# heir# (i&o(# (i&o(er# or other person entitle& to such estate appears an& files a clai% thereto (ith the court (ithin five (5) years fro% the &ate of such /u&'%ent# such person shall have possession of an& title to the sa%e# or if sol&# the %unicipality or city shall be accountable to hi% for the procee&s after &e&uctin' reasonable char'es for the care of the estate5 but a clai% not %a&e (ithin the sai& ti%e shall be forever barre&. Se*t)o% /+ )ther a&tions for es&heat. � :ntil other(ise provi&e& by la(# actions reversion or escheat of properties alienate& in violation of the "onstitution or of any statute shall be 'overne& by this rule# e.cept that the action shall be institute& in the province (here the lan& lies in (hole or in part.

$e%er&' $u&r1)&%s &%1 $u&r1)&%sh)9

RULE 9, Ve%ue Se*t)o% 1+ ,here to institute pro&eedings. � Auar&ianship of a person or estate of a %inor or inco%petent %ay be institute& in the "ourt of @irst !nstance of the province# or in the /ustice of the peace court of the %unicipality# or in the %unicipal court chartere& city (here the %inor or inco%petent persons resi&es# an& if he resi&es in a forei'n country# in the "ourt of @irst !nstance of the province (herein his property or the party thereof is situate&5 pro(ided, ho%e(er# that (here the value of the property of such %inor or inco%petent e.cee&s that /uris&iction of the /ustice of the peace or %unicipal court# the procee&in's shall be institute& in the "ourt of @irst !nstance.

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!n the "ity of Manila the procee&in's shall be institute& in the Juvenile an& Eo%estic ,elations "ourt. Se*t)o% ,+ Meaning of %ord ?in&ompetent.? � :n&er this rule# the (or& 8inco%petent8 inclu&es persons sufferin' the penalty of civil inter&iction or (ho are hospitali0e& lepers# pro&i'als# &eaf an& &u%b (ho are unable to rea& an& (rite# those (ho are of unsoun& %in&# even thou'h they have luci& intervals# an& persons not bein' of unsoun& %in&# but by reason of a'e# &isease# (eak %in&# an& other si%ilar causes# cannot# (ithout outsi&e ai&# take care of the%selves an& %ana'e their property# beco%in' thereby an easy prey for &eceit an& e.ploitation. Se*t)o% -+ #ransfer of (enue. � +he court takin' co'ni0ance of a 'uar&ianship procee&in'# %ay transfer the sa%e to the court of another province or %unicipality (herein the (ar& has ac<uire& real property# if he has transferre& thereto his 'ona-fide resi&ence# an& the latter court shall have full /uris&iction to continue the procee&in's# (ithout re<uirin' pay%ent of a&&itional court fees.

RULE 9A99o)%t5e%t of $u&r1)&%s Se*t)o% 1+ ,ho may petition for appointment of guardian for resident. � Any relative# frien&# or other person on behalf of a resi&ent %inor or inco%petent (ho has no parent or la(ful 'uar&ian# or the %inor hi%self if fourteen years of a'e or over# %ay petition the court havin' /uris&iction for the appoint%ent of a 'eneral 'uar&ian for the person or estate# or both# of such %inor or inco%petent. An officer of the @e&eral A&%inistration of the :nite& $tates in the Philippines %ay also file a petition in favor of a (ar& thereof# an& the Eirector of ;ealth# in favor of an insane person (ho shoul& be hospitali0e&# or in favor of an isolate& leper. Se*t)o% ,+ Contents of petition. � A petition for the appoint%ent of a 'eneral 'uar&ian %ust sho(# so far as kno(n to the petitioner* (a) +he /uris&iction facts5 (b) +he %inority or inco%petency ren&erin' the appoint%ent necessary or convenient5 (c) +he na%es# a'es# an& resi&ence of the relatives of the %inor or inco%petent# an& of the person havin' hi% in their care5 (&) +he probable value an& character of his estate5 (e) +he na%e of the person for (ho% letters of 'uar&ianship. +he petition shall be verifie&5 but no &efect in the petition or verification shall ren&er voi& the issuance of letters of 'uar&ianship. Se*t)o% -+ Court to set time for hearing. Noti&e thereof. � 6hen a petition for the appoint%ent of a 'eneral 'uar&ian is file&# the court shall fi. a ti%e an& place for hearin' the sa%e# an& shall cause reasonable notice thereof to be 'iven to the persons %entione& in the petition resi&in' in the province# inclu&in' the %inor if above -1 years of a'e or the inco%petent hi%self# an& %ay &irect other 'eneral or special notice thereof to be 'iven.

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Se*t)o% .+ )pposition to petition. � Any intereste& person %ay# by filin' a (ritten opposition# contest the petition on the 'roun& of %a/ority of the alle'e& %inor# co%petency of the alle'e& inco%petent# or the insuitability of the person for (ho% letters are praye&# an& %ay pray that the petition be &is%isse&# or that letters of 'uar&ianship issue to hi%self# or to any suitable person na%e& in the opposition. Se*t)o% /+ 7earing and order for letters to issue. � At the hearin' of the petition the alle'e& in co%petent %ust be present if able to atten&# an& it %ust be sho(n that the re<uire& notice has been 'iven. +hereupon the courts shall hear the evi&ence of the parties in support of their respective alle'ations# an&# if the person in <uestion is a %inor# or inco%petent it shall be appoint a suitable 'uar&ian of his person or estate# or both# (ith the po(ers an& &uties hereinafter specifie&. Se*t)o% 0+ ,hen and ho% guardian for non-resident appointed. Noti&e. � 6hen a person liable to be put un&er 'uar&ianship resi&es (ithout the Philippines but the estate therein# any relative or frien& of such person# or any one intereste& in his estate# in e.pectancy or other(ise# %ay petition a court havin' /uris&iction for the appoint%ent of a 'uar&ian for the estate# an& if# after notice 'iven to such person an& in such %anner as the court &ee%s proper# by publication or other(ise# an& hearin'# the court is satisfie& that such non9resi&ent is a %inor or inco%petent ren&erin' a 'uar&ian necessary or convenient# it %ay appoint a 'uar&ian for such estate. Se*t)o% 7+ Parents as guardians. � 6hen the property of the chil& un&er parental authority is (orth t(o thousan& pesos or less# the father of the %other# (ithout the necessity of court appoint%ent# shall be his le'al 'uar&ian. 6hen the property of the chil& is (orth %ore than t(o thousan& pesos# the father or the %other shall be consi&ere& 'uar&ian of the chil&Ds property# (ith the &uties an& obli'ations of 'uar&ians un&er this rules# an& shall file the petition re<uire& by section 2 hereof. @or 'oo& reasons the court %ay# ho(ever# appoint another suitable person. Se*t)o% 3+ Ser(i&e of +udgment. � @inal or&ers or /u&'%ents un&er this rule shall be serve& upon the civil re'istrar of the %unicipality or city (here the %inor or inco%petent person resi&es or (here his property or part thereof is situate&.

RULE 9. ;o%1s of $u&r1)&%s Se*t)o% 1+ Bond to 'e gi(en 'efore issuan&e of letters. Amount. Condition. � )efore a 'uar&ian appointe& enters upon the e.ecution of his trust# or letters of 'uar&ianship issue# he shall 'ive a bon&# in such su% as the court &irects# con&itione& as follo(s* (a) +o %ake an& return to the court# (ithin three (2) %onths# a true an& co%plete inventory of all the estate# real an& personal# of his (ar& (hich shall co%e to his possession or kno(le&'e of any other person for hi%5 (b) +o faithfully e.ecute the &uties of his trust# to %ana'e an& &ispose of the estate accor&in' to these rules for the best interests of the (ar&# an& to provi&e for the proper care# custo&y# an& e&ucation of the (ar&5 (c) +o ren&er a true an& /ust account of all the estate of the (ar& in his han&s# an& of all procee&s or interest &erive& therefro%# an& of the %ana'e%ent an& &isposition of the sa%e# at the ti%e &esi'nate& by these rules an& such other ti%es as the courts &irects# an& at the e.piration of his trust to settle his accounts (ith the court an&

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&eliver an& pay over all the estate# effects# an& %oneys re%ainin' in his han&s# or &ue fro% hi% on such settle%ent# to the person la(fully entitle& thereto5 (&) +o perfor% all or&ers of the court by hi% to be perfor%e&. Se*t)o% ,+ ,hen ne% 'ond may 'e re:uired and old sureties dis&harged. � 6henever it is &ee%e& necessary# the court %ay re<uire a ne( bon& to be 'iven by the 'uar&ian# an& %ay &ischar'e the sureties on the ol& bon& fro% further liability# after &ue notice to intereste& persons# (hen no in/ury can result therefro% to those intereste& in the estate. Se*t)o% -+ Bonds to 'e filed. A&tions thereon. � 4very bon& 'iven by a 'uar&ian shall be file& in the office of the clerk of the court# an&# in case of the breach of a con&ition thereof# %ay be prosecute& in the sa%e procee&in' or in a separate action for the use an& benefit of the (ar& or of any other person le'ally intereste& in the estate.

RULE 9/ Se'')%6 &%1 E%*u5<er)%6 Pro9ert2 of :&r1 Se*t)o% 1+ Petition of guardian for lea(e to sell or en&um'er estate. � 6hen the inco%e of the estate un&er 'uar&ianship is insufficient to %aintain the (ar& an& his fa%ily# or to %aintain an& e&ucate the (ar& (hen a %inor# or (hen it appears that it is for the benefit of the (ar& that his real estate or so%e part thereof be sol&# or %ort'a'e& or other(ise encu%bere&# an& the procee&s thereof put out at interest# or investe& in so%e pro&uctive security# or in the i%prove%ent or security or other real estate of the (ar&# the 'uar&ian %ay present a verifie& petition to the court by (hich he (as appointe& settin' forth such facts# an& prayin' that an or&er issue authori0in' the sale or encu%brance. Se*t)o% ,+ )rder to sho% &ause thereupon. � !f it see%s probable that such sale or encu%brance is necessary# or (oul& be beneficial to the (ar&# the court shall %ake an or&er &irectin' the ne.t of kin of the (ar&# an& all persons intereste& in the estate# to appear at a reasonable ti%e an& place therein specifie& to sho( cause (hy the prayer of the petition shoul& not be 'rante&. Se*t)o% -+ 7earing on return of order. Costs. � At the ti%e an& place &esi'nate& in the or&er to sho( cause# the court shall hear the proofs an& alle'ations of the petitioner an& ne.t of kin# an& other persons intereste&# to'ether (ith their (itnesses# an& 'rant an& refuse the prayer of the petition as the best interest of the (ar& re<uire. +he court shall %ake such or&er as to cost of the hearin' as %ay be /ust. Se*t)o% .+ Contents of order for sale or en&um'ran&e, and ho% long effe&ti(e. Bond. � !f# after full e.a%ination# it appears that it is necessary# or (oul& be beneficial to the (ar&# to sell or encu%ber the estate# or so%e portion of it# the court shall or&er such sale or encu%brance an& that the procee&s thereof be e.pen&e& for the %aintenance of the (ar& an& his fa%ily# or the e&ucation of the (ar&# if a %inor# or for the puttin' of the sa%e interest# or the invest%ent of the sa%e as the circu%stances %ay re<uire. +he or&er shall specify the causes (hy the sale or encu%brance is necessary or beneficial# an& %ay &irect that estate or&ere& sol& be &ispose& of at either public or private sale# sub/ect to such con&itions as to the ti%e an& %anner of pay%ent# an& security (here a part of the pay%ent is &eferre& as in the &iscretion of the court are &ee%e& %ost beneficial to the (ar&. +he ori'inal bon& of the 'uar&ian shall stan& as security for the proper appropriation of the procee&s of the sale# but the /u&'e %ay# if &ee%e& e.pe&ient# re<uire an a&&itional bon& as a con&ition for the 'rantin' of the or&er of sale. ?o or&er of sale 'rante& in pursuance of this section shall continue in force %ore than one (-) year after 'rantin' the sa%e# (ithout a sale bein' ha&.

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Se*t)o% /+ Court may order in(estment of pro&eeds and dire&t management of estate . � +he court %ay authori0e an& re<uire the 'uar&ian to invest the procee&s of sales or encu%brances# an& any other of his (ar&Ds %oney in his han&s# in real estate or other(ise# as shall be for the best interest of all concerne&# an& %ay %ake such other or&ers for the %ana'e%ent# invest%ent# an& &isposition of the estate an& effects# as circu%stances %ay re<uire.

RULE 90 $e%er&' Po>ers &%1 Dut)es of $u&r1)&%s Se*t)o% 1+ #o %hat guardianship shall e2tend. � A 'uar&ian appointe& shall have the care an& custo&y of the person of his (ar&# an& the %ana'e%ent of his estate# or the %anan'e%ent of the estate only# as the case %ay be. +he 'uar&ian of the estate of a non9resi&ent shall have the %ana'e%ent of all the estate of the (ar& (ithin the Philippines# an& no court other than that in (hich such 'uar&ian (as appointe& shall have /uris&iction over the 'uar&ianship. Se*t)o% ,+ 3uardian to pay de'ts of %ard. � 4very 'uar&ian %ust pay the (ar&Ds /ust &ebts out of his personal estate an& the inco%e of his real estate# if sufficient5 if not# then out of his real estate upon obtainin' an or&er for the sale or encu%brance thereof. Se*t)o% -+ 3uardian to settle a&&ounts, &olle&t de'ts, and appear in a&tions for %ard . � A 'uar&ian %ust settle all accounts of his (ar&# an& &e%an&# sue for# an& receive all &ebts &ue hi%# or %ay# (ith the approval of the court# co%poun& for the sa%e an& 'ive &ischar'es to the &ebtor# on receivin' a fair an& /ust &ivi&en& of the estate an& effects5 an& he shall appear for an& represent his (ar& in all actions an& special procee&in's# unless another person be appointe& for that purpose. Se*t)o% .+ 0state to 'e managed frugally, and pro&eeds applied to maintenan&e of %ard. � A 'uar&ian %ust %ana'e the estate of his (ar& fru'ally an& (ithout the (aste# an& apply the inco%e an& profits thereof# so far as %ay be necessary# to the co%fortable an& suitable %aintenance of the (ar& an& his fa%ily# if there be any5 an& if such inco%e an& profits be insufficient for that purpose# the 'uar&ian %ay sell or encu%ber the real estate# upon bein' authori0e& by or&er so to &o# an& apply to such of the procee&s as %ay be necessary to such %aintenance. Se*t)o% /+ 3uardian may 'e authori9ed to +oin in partition pro&eedings after hearing . � +he court %ay authori0e& the 'uar&ian to /oin in an assent to a partition of real or personal estate hel& by the (ar& /ointly or in co%%on (ith others# but such authority shall only be 'rante& after hearin'# upon such notice to relatives of the (ar& as the court %ay &irect# an& a careful investi'ation as to the necessity an& propriety of the propose& action. Se*t)o% 0+ Pro&eedings %hen the person suspe&ted of em'e99ling or &on&ealing property of %ard. � :pon co%plaint of the 'uar&ian or (ar&# or of any person havin' actual or prospective interest in the estate of the (ar& as cre&itor# heir# or other(ise# that anyone is suspecte& of havin' e%be00le&# conceale&# or conveye& a(ay any %oney# 'oo&s# or interest# or a (ritten instru%ent# belon'in' to the (ar& or his estate# the court %ay cite the suspecte& person to appear for e.a%ination touchin' such %oney# 'oo&s# interest# or instru%ent# an& %ake such or&ers as (ill secure the estate a'ainst such e%be00le%ent# conceal%ent or conveyance. Se*t)o% 7+ $n(entories and a&&ounts of guardians, and appraisement of estates. � A 'uar&ian %ust ren&er to the court an inventory of the estate of his (ar& (ithin three (2) %onths after his appoint%ent# an& annually after such appoint%ent an inventory an& account# the ren&ition of any of (hich %ay be co%pelle& upon the application of an intereste& person. $uch inventories an& accounts shall be s(orn to by the 'uar&ian. All the estate of the (ar& &escribe& in the first inventory shall be

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appraise&. !n the appraise%ent the court %ay re<uest the assistance of one or %ore of the inheritance ta. appraisers. An& (henever any property of the (ar& not inclu&e& in an inventory alrea&y ren&ere& is &iscovere&# or sucee&e& to# or ac<uire& by the (ar&# like procee&in's shall be ha& for securin' an inventory an& appraise%ent thereof (ithin three (2) %onths after such &iscovery# succession# or ac<uisition. Se*t)o% 3+ ,hen guardian>s a&&ounts presented for settlement. 02penses and &ompensation allo%ed. � :pon the e.piration of a year fro% the ti%e of his appoint%ent# an& as often thereafter as %ay be re<uire&# a 'uar&ian %ust present his account to the court for settle%ent an& allo(ance. !n the settle%ent of the account# the 'uar&ian# other than a parent# shall be allo(e& the a%ount of his reasonable e.penses incurre& in the e.ecution of his trust an& also such co%pensation for his services as the court &ee%s /ust# not e.cee&in' fifteen per &entum of the net inco%e of the (ar&.

RULE 97 Ter5)%&t)o% of $u&r1)&%sh)9 Se*t)o% 1+ Petition that &ompeten&y of %ard 'e ad+udged, and pro&eedings thereupon. � A person (ho has been &eclare& inco%petent for any reason# or his 'uar&ian# relative# or frien&# %ay petition the court to have his present co%petency /u&icially &eter%ine&. +he petition shall be verifie& by oath# an& shall state that such person is then co%petent. :pon receivin' the petition# the court shall fi. a ti%e for hearin' the <uestions raise& thereby# an& cause reasonable notice thereof to be 'iven to the 'uar&ian of the person so &eclare& inco%petent# an& to the (ar&. 7n the trial# the 'uar&ian or relatives of the (ar&# an&# in the &iscretion of the court# any other person# %ay contest the ri'ht to the relief &e%an&e&# an& (itnesses %ay be calle& an& e.a%ine& by the parties or by the court on its o(n %otion. !f it be foun& that the person is no lon'er inco%petent# his co%petency shall be a&/u&'e& an& the 'uar&ianship shall cease. Se*t)o% ,+ ,hen the guardian remo(ed or allo%ed to resign. Ne% appointment. � 6hen a 'uar&ian beco%es insane or other(ise incapable of &ischar'in' his trust or unsuitable therefor# or has (aste& or %is%ana'e& the estate# or faile& for thirty (20) &ays after it is &ue to ren&er an account or %ake a return# the court %ay# upon reasonable notice to the 'uar&ian# re%ove hi%# an& co%pel hi% to surren&er the estate of the (ar& to the person foun& to be la(fully entitle& thereto. A 'uar&ian %ay resi'n (hen it appears proper to allo( the sa%e5 an& upon his resi'nation or re%oval the court %ay appoint another in his place. Se*t)o% -+ )ther termination of guardianship. � +he %arria'e or voluntary e%ancipation of a %inor (ar& ter%inates the 'uar&ianship of the peson of the (ar&# an& shall enable the %inor to a&%inister his property as thou'h he (ere of a'e# but he cannot borro( the %oney or alienate or encu%ber real property (ithout the consent of his father or %other# or 'uar&ian. ;e can sue an& be sue& in court only (ith the assistance of his father# %other or 'uar&ian. +he 'uar&ian of any person %ay be &ischar'e& by the court (hen it appears# upon the application of the (ar& or other(ise# that the 'uar&ianship is no lon'er necessary. Se*t)o% .+ Re&ord to 'e /ept 'y the +usti&e of the pea&e or muni&ipal +udge. � 6hen a /ustice of the peace or %unicipal court takes co'ni0ance of the procee&in's in pursuance of the provisions of these rules# the recor& of the procee&in's shall be kept as in the "ourt of @irst !nstance. Se*t)o% /+ Ser(i&e of +udgment. � @inal or&ers of /u&'%ents un&er this rule shall be serve& upon the civil re'istrar of the %unicipality or city (here the %inor or inco%petent person resi&es or (here his property or part thereof is situate&.

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RULE 93 Trustees Se*t)o% 1+ ,here trustee appointed. � A trustee necessary to carry into effect the provisions of a (ill on (ritten instru%ent shall be appointe& by the "ourt of @irst !nstance in (hich the (ill (as allo(e&# if it be a (ill allo(e& in the Philippines# other(ise by the "ourt of @irst !nstance of the province in (hich the property# or so%e portion thereof# affecte& by the trust is situate&. Se*t)o% ,+ Appointment and po%ers of trustees under %ill. 02e&utor of former trustee need not administer trust. � !f a testator has o%itte& in his (ill to appoint a trustee in the Philippines# an& if such appoint%ent is necessary to carry into effect the provisions of the (ill# the proper "ourt of @irst !nstance %ay# after notice to all persons intereste&# appoint a trustee (ho shall have the sa%e ri'hts# po(ers# an& &uties# an& in (ho% the estate shall vest# as if he ha& been appointe& by the testator. ?o person succee&in' to a trust as e.ecutor or a&%inistrator of a for%er trustee shall be re<uire& to accept such trust. Se*t)o% -+ Appointment and po%ers of ne% trustee under %ritten instrument . � 6hen a trustee un&er a (ritten instru%ent &eclines# resi'ns# &ies or re%ove& before the ob/ects of the trust are acco%plishe&# an& no a&e<uate provision is %a&e in such instru%ent for supplyin' the vacancy# the proper "ourt of @irst !nstance %ay# after &ue notice to all persons intereste&# appoint a ne( trustee to act alone or /ointly (ith the others# as the case %ay be. $uch ne( trustee shall have an& e.ercise the sa%e po(ers# ri'ht# an& &uties as if he ha& been ori'inally appointe&# an& the trust estate shall vest in hi% in like %anner as it ha& veste& or (oul& have veste&# in the trustee in (hose place he is substitute& an& the court %ay or&er such conveyance to be %a&e by the for%er trustee or his representatives# or by the other re%ainin' trustees# as %ay be necessary or proper to vest the trust estate in the ne( trustee# either or /ointly (ith the others. Se*t)o% .+ Pro&eedings %here trustee appointed a'road. � 6hen lan& in the Philippines is hel& in trust for persons resi&ent here by a trustee (ho &erives his authority fro% (ithout the Philippines# such trustee shall# on petition file& in the "ourt of @irst !nstance of the province (here the lan& is situate&# an& after &ue notice to all persons intereste&# be or&ere& to apply to the court for appoint%ent as trustee5 an& upon his ne'lect or refusal to co%ply (ith such or&er# the court shall &eclare such trust vacant# an& shall appoint a ne( trustee in (ho% the trust estate shall vest in like %anner as if he ha& been ori'inally appointe& by such court. Se*t)o% /+ #rustee must file 'ond. � )efore enterin' on the &uties of his trust# a trustee shall file (ith the clerk of the court havin' /uris&iction of the trust a bon& in the a%ount fi.e& by the /u&'e of sai& court# payable to the Aovern%ent of the Philippines an& sufficient an& available for the protection of any party in interest# an& a trustee (ho ne'lects to file such bon& shall be consi&ere& to have &ecline& or resi'ne& the trust5 but the court %ay until further or&er e.e%pt a trustee un&er a (ill fro% 'ivin' a bon& (hen the testator has &irecte& or re<ueste& such e.e%ption an& %ay so e.e%pt any trustee (hen all persons beneficially intereste& in the trust# bein' of full a'e# re<uest the e.e%ption. $uch e.e%ption %ay be cancelle& by the court at any ti%e an& the trustee re<uire& to forth(ith file a bon&. Se*t)o% 0+ Conditions in&luded in 'ond. � +he follo(in' con&itions shall be &ee%e& to be part of the bon& (hether (ritten therein or not5 (a) +hat the trustee (ill %ake an& return to the court# at such ti%e as it %ay or&er# a true inventory of all the real an& personal estate belon'in' to hi% as trustee# (hich

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at the ti%e of the %akin' of such inventory shall have co%e to his possession or kno(le&'e5 (b) +hat he (ill %ana'e an& &ispose of all such estate# an& faithfully &ischar'e his trust in relation thereto# accor&in' to la( an& the (ill of the testator or the provisions of the instru%ent or or&er un&er (hich he is appointe&5 (c) +hat he (ill ren&er upon oath at least once a year until his trust is fulfille&# unless he is e.cuse& therefro% in any year by the court# a true account of the property in his han&s an& the %ana'e%ent an& &isposition thereof# an& (ill ren&er such other accounts as the court %ay or&er5 (&) +hat at the e.piration of his trust he (ill settle his account in court an& pay over an& &eliver all the estate re%ainin' in his han&s# or &ue fro% hi% on such settle%ent# to the person or persons entitle& to thereto. )ut (hen the trustee is appointe& as a successor to a prior trustee# the court %ay &ispense (ith the %akin' an& return of an inventory# if one has alrea&y been file&# an& in such case the con&ition of the bon& shall be &ee%e& to be altere& accor&in'ly. Se*t)o% 7+ Appraisal. Compensation of trustee. � 6hen an inventory is re<uire& to be returne& by a trustee# the estate an& effects belon'in' to the trust shall be appraise& an& the court %ay or&er one or %ore inheritance ta. appraisers to assist in the appraise%ent. +he co%pensation of the trustee shall be fi.e& by the court# if it be not &eter%ine& in the instru%ent creatin' the trust. Se*t)o% 3+ Remo(al or resignation of trustee. � +he proper "ourt of @irst !nstance %ay# upon petition of the parties beneficially intereste& an& after &ue notice to the trustee an& hearin'# re%ove a trustee if such re%oval appears essential in the interest of the petitioner. +he court %ay also# after &ue notice to all persons intereste&# re%ove a trustee (ho is insane or other(ise incapable of &ischar'in' his trust or evi&ently unsuitable therefor. A trustee# (hether appointe& by the court or un&er a (ritten instru%ent# %ay resi'n his trust if it appears to the court proper to allo( such resi'nation. Se*t)o% 9+ Pro&eedings for sale or en&um'ran&e of trust estate. � 6hen the sale or encu%brance of any real or personal estate hel& in trust is necessary or e.pe&ient# the court havin' /uris&iction of the trust %ay# on petition an& after &ue notice an& hearin'# or&er such sale or encu%brance to be %a&e# an& the re9invest%ent an& application of the procee&s thereof in such %anner as (ill best effect the ob/ects of the trust. +he petition# notice# hearin'# or&er of sale or encu%brance# an& recor& of procee&in's# shall confor% as nearly as %ay be to the provisions concernin' the sale or i%cu%brance by 'uar&ians of the property of %inors or other (ar&s.

RULE 99 A1o9t)o% &%1 Custo12 of M)%ors ?e( ,ule on A&option# effective Au'ust 22# 2002 Se*t)o% 1+ 4enue. � A person &esirin' to a&opt another or have the custo&y of a %inor shall present his petition to the "ourt of @irst !nstance of the province# or the %unicipal or /ustice of the peace court of the city or %unicipality in (hich he resi&es.

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!n the "ity of Manila# the procee&in's shall be institute& in the Juvenile an& Eo%estic ,elations "ourt. Se*t)o% ,+ Contents of petition. � +he petition for a&option shall contain the sa%e alle'ations re<uire& in a petition for 'uar&ianship# to (it* (a) +he /uris&ictional facts5 (b) +he <ualification of the a&opter5 (c) +hat the a&opter is not &is<ualifie& by la(5 (&) +he na%e# a'e# an& resi&ence of the person to be a&opte& an& of his relatives of the persons (ho have hi% un&er their care5 (e) +he probable value an& character of the estate of the person to be a&opte&. Se*t)o% -+ Consent of adoption. � +here shall be file& (ith the petition a (ritten consent to the a&option si'ne& by the chil&# if fourteen years of a'e or over an& not inco%petent# an& by the chil&Ds spouse# if any# an& by each of its kno(n livin' parents (ho is not insane or hopelessly inte%perate or has not aban&one& such chil&# or if there is no such parents by the 'eneral 'uar&ian or 'uar&ian ad litem of the chil&# or if the chil& is in the custo&y of an orphan asylu%# chil&renDs ho%e# or benevolent society or person# by the proper officer of such asylu%# ho%e# or society# or by such person5 but if the chil& is ille'iti%ate an& has not been reco'ni0e&# the consent of its father to the a&option shall not be re<uire&. !f the person to be a&opte& is of a'e# only his or her consent an& that of the spouse# if any# shall be re<uire&. Se*t)o% .+ )rder for hearing. � !f the petition an& consent file& are sufficient in for% an& substance# the court# by an or&er recitin' the purpose of the petition# shall fi. a &ate an& place for the hearin' thereof# (hich shall not be %ore than si. (3) %onths after the entry of the or&er# an& shall &irect that a copy of the or&er be publishe& before the hearin' at least once a (eek for three (2) successive (eeks in so%e ne(spaper of 'eneral circulation publishe& in the province# as the court shall &ee% best. Se*t)o% /+ 7earing and +udgment. � :pon satisfactory proof in open court on the &ate fi.e& in the or&er that such or&er has been publishe& as &irecte&# that the alle'ations of petition are true# an& that it is a proper case for a&option an& the petitioner or petitioners are able to brin' up an& e&ucate the chil& properly# the court shall a&/u&'e that thenceforth the chil& is free fro% all le'al obli'ations of obe&ience an& %aintenance (ith respect to its natural parents# e.cept the %other (hen the chil& is a&opte& by her husban&# an& is# to all le'al intents an& purposes# the chil& of the petitioner or petitioners# an& that its surna%e is chan'e& to that the petitioner or petitioners. +he a&opte& person or chil& shall thereupon beco%e the le'al heir of his parents by a&option an& shall also re%ain the le'al heir of his natural parents. !n case of the &eath of the a&opte& person or chil&# his parents an& relatives by nature# an& not by a&option# shall be his le'al heirs. Se*t)o% 0+ Pro&eedings as to the &hild %hose parents are separated. Appeal. � 6hen husban& an& (ife are &ivorce or livin' separately an& apart fro% each other# an& the <uestion as to the care# custo&y# an& control of a chil& or chil&ren of their %arria'e is brou'ht before a "ourt of @irst !nstance by petition or as an inci&ent to any other procee&in'# the court# upon hearin' the testi%ony as %ay be pertinent# shall a(ar& the care# custo&y# an& control of each such chil& as (ill be for its best interest# per%ittin' the chil& to choose (hich parent it prefers to live (ith if it be over ten years of a'e# unless the parent so chosen be unfit to take char'e of the chil& by the reason of %oral

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&epravity# habitual &runkenness# incapacity# or poverty. !f# upon such hearin'# it appears that both parents are i%proper persons to have the care# custo&y# an& control of the chil&# the court %ay either &esi'nate the paternal or %aternal 'ran&parent of the chil&# or his ol&est brother or sister# or so%e reputable an& &iscreet person to take char'e of such chil&# or co%%it it to any suitable asylu%# chil&renDs ho%e# or benevolent society. +he court %ay in confor%ity (ith the provisions of the "ivil "o&e or&er either or both parents to support or help support sai& chil&# irrespective of (ho %ay be its custo&ian# an& %ay %ake any or&er that is /ust an& reasonable per%ittin' the parent (ho is &eprive& of its care an& custo&y to visit the chil& or have te%porary custo&y thereof. 4ither parent %ay appeal fro% an or&er %a&e in accor&ance (ith the provisions of this section. ?o chil& un&er seven years of a'e shall be separate& fro% its %other# unless the court fin&s there are co%pellin' reasons thereof. Se*t)o% 7+ Pro&eedings as to (agrant or a'used &hild. � 6hen the parents of any %inor chil& are &ea&# or by reason of lon' absence or le'al or physical &isability have aban&one& it# or cannot support it throu'h va'rancy# ne'li'ence# or %iscon&uct# or ne'lect or refuse to support it# or treat it (ith e.cessive harshness or 'ive it corruptin' or&ers# counsels# or e.a%ples# or cause or allo( it to en'a'e in be''in'# or to co%%it offenses a'ainst the la(# the proper "ourt of @irst !nstance# upon petition file& by so%e reputable resi&ent of the province settin' forth the facts# %ay issue an or&er re<uirin' such parents to sho( cause# or# if the parents are &ea& or cannot be foun&# re<uirin' the fiscal of the province to sho( cause# at a ti%e an& place fi.e& in the or&er# (hy the chil& shoul& not be taken fro% its parents# if livin'5 an& if upon the hearin' it appears that the alle'ations of the petition are true# an& that it is or&er takin' it fro% its parents# if livin'5 an& co%%ittin' it to any suitable orphan asylu%# chil&renDs ho%e# or benevolent society or person to be ulti%ately place&# by a&option or other(ise# in a ho%e foun& for it by such asylu%# chil&renDs ho%e# society# or person. Se*t)o% 3+ Ser(i&e of +udgment. � @inal or&ers or /u&'%ents un&er this rule shall be serve& by the clerk upon the civil re'istrar of the city or %unicipality (herein the court issuin' the sa%e is situate&.

RULE 144 Res*)ss)o% &%1 Re(o*&t)o% of A1o9t)o% Se*t)o% 1+ ,ho may file petition@ grounds. � A %inor or other incapacitate& person %ay# throu'h a 'uar&ian or 'uar&ian ad litem# petition for the rescission or revocation of his or her a&option for the sa%e causes that authori0e the &eprivation of parental authority. +he a&opter %ay# like(ise# petition the court for the rescission of revocation of the a&option in any of these cases* (a) !f the a&opte& person has atte%pte& a'ainst the file of the a&opter5 (b) 6hen the a&opte& %inor has aban&one& the ho%e of the a&opter for %ore than three (2) years5 (c) 6hen by other acts the a&opte& person has repu&iate& the a&option. Se*t)o% ,+ )rder to ans%er. � +he court in (hich the petition is file& shall issue an or&er re<uirin' the a&verse party to ans(er the petition (ithin fifteen (-5) &ays fro% receipt of a copy thereof. +he or&er an& a copy of the petition shall be serve& on the a&verse party in such %anner as the court %ay &irect

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Se*t)o% -+ *udgment. � !f upon trial# on the &ay set therefor# the court fin&s that the alle'ations of the petition are true# it shall ren&er /u&'%ent or&erin' the rescission or revocation of the a&option# (ith or (ithout costs# as /ustice re<uires. Se*t)o% .+ Ser(i&e of *udgment. � A certifie& copy of the /u&'%ent ren&ere& in accor&ance (ith the ne.t prece&in' section shall be serve& upon the civil re'istrar concerne&# (ithin thirty (20) &ays fro% ren&ition thereof# (ho shall forth(ith enter the action taken by the court in the re'ister. Se*t)o% /+ #ime %ithin %hi&h to file petition. � A %inor or other incapacitate& person %ust file the petition for rescission or revocation of a&option (ithin the five (5) years follo(in' his %a/ority# or if he (as inco%petent at the ti%e of the a&option# (ithin the five (5) years follo(in' the recovery fro% such inco%petency. +he a&opter %ust also file the petition to set asi&e the a&option (ithin five (5) years fro% the ti%e the cause or causes 'ivin' rise to the rescission or revocation of the sa%e took place.

RULE 141 Pro*ee1)%6s for Aos9)t&')B&t)o% of I%s&%e Perso%s Se*t)o% 1+ 4enue, Petition for &ommitment. � A petition for the co%%it%ent of a person to a hospital or other place for the insane %ay be file& (ith the "ourt of @irst !nstance of the province (here the person alle'e& to be insane is foun&. +he petition shall be file& by the Eirector of ;ealth in all cases (here# in his opinion# such co%%it%ent is for the public (elfare# or for the (elfare of sai& person (ho# in his /u&'%ent# is insane an& such person or the one havin' char'e of hi% is oppose& to his bein' taken to a hospital or other place for the insane. Se*t)o% ,+ )rder for hearing. � !f the petition file& is sufficient in for% an& substance# the court# by an or&er recitin' the purpose of the petition# shall fi. a &ate for the hearin' thereof# an& copy of such or&er shall be serve& on the person alle'e& to be insane# an& to the one havin' char'e hi%# or on such of his relatives resi&in' in the province or city as the /u&'e %ay &ee% proper. +he court shall further%ore or&er the sheriff to pro&uce the alle'e& insane person# if possible# on the &ate of the hearin'. Se*t)o% -+ 7earing and +udgment. � :pon satisfactory proof# in open court on the &ate fi.e& in the or&er# that the co%%it%ent applie& for is for the public (elfare or for the (elfare of the insane person# an& that his relatives are unable for any reason to take proper custo&y an& care of hi%# the court shall or&er his co%%it%ent to such hospital or other place for the insane as %ay be reco%%en&e& by the Eirector of ;ealth. +he court shall %ake proper provisions for the custo&y of property or %oney belon'in' to the insane until a 'uar&ian be properly appointe&. Se*t)o% .+ 1is&harge of insane. � 6hen# in the opinion of the Eirector of ;ealth# the person or&ere& to be co%%itte& to a hospital or other place for the insane is te%porarily or per%anently cure&# or %ay be release& (ithout &an'er he %ay file the proper petition (ith the "ourt of @irst !nstance (hich or&ere& the co%%it%ent. Se*t)o% /+ Assistan&e of fis&al in the pro&eeding. � !t shall be the &uty of the provincial fiscal or in the "ity of Manila the fiscal of the city# to prepare the petition for the Eirector of ;ealth an& represent hi% in court in all procee&in's arisin' un&er the provisions of this rule.

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RULE 14, A&<e&s Cor9us Se*t)o% 1+ #o %hat ha'eas &orpus e2tends. � 4.cept as other(ise e.pressly provi&e& by la(# the (rit of ha'eas &orpus shall e.ten& to all cases of ille'al confine%ent or &etention by (hich any person is &eprive& of his liberty# or by (hich the ri'htful custo&y of any person is (ithhel& fro% the person entitle& thereto. Se*t)o% ,+ ,ho may grant the %rit. � +he (rit of ha'eas &orpus %ay be 'rante& by the $upre%e "ourt# or any %e%ber thereof in the instances authori0e& by la(# an& if so 'rante& it shall be enforceable any(here in the Philippines# an& %ay be %a&e returnable before the court or any %e%ber thereof# or before a "ourt of @irst !nstance# or any /u&'e thereof for the hearin' an& &ecision on the %erits. !t %ay also be 'rante& by a "ourt of @irst !nstance# or a /u&'e thereof# on any &ay an& at any ti%e# an& returnable before hi%self# enforceable only (ithin his /u&icial &istrict. Se*t)o% -+ Re:uisites of appli&ation therefor. � Application for the (rit shall be by petition si'ne& an& verifie& either by the party for (hose relief it is inten&e&# or by so%e person on his behalf# an& shall set forth* (a) +hat the person in (hose behalf the application is %a&e is i%prisone& or restraine& on his liberty5 (b) +he officer or na%e of the person by (ho% he is so i%prisone& or restraine&5 or# if both are unkno(n or uncertain# such officer or person %ay be &escribe& by an assu%e& appellation# an& the person (ho is serve& (ith the (rit shall be &ee%e& the person inten&e&5 (c) +he place (here he is so i%prisone& or restraine&# if kno(n5 (&) A copy of the co%%it%ent or cause of &etention of such person# if it can be procure& (ithout i%pairin' the efficiency of the re%e&y5 or# if the i%prison%ent or restraint is (ithout any le'al authority# such fact shall appear. Se*t)o% .+ ,hen %rit not allo%ed or dis&harge authori9ed . � !f it appears that the person alle'e& to be restraine& of his liberty is in the custo&y of an officer un&er process issue& by a court or /u&'e or by virtue of a /u&'%ent or or&er of a court of recor&# an& that the court or /u&'e ha& /uris&iction to issue the process# ren&er the /u&'%ent# or %ake the or&er# the (rit shall not be allo(e&5 or if the /uris&iction appears after the (rit is allo(e&# the person shall not be &ischar'e& by reason of any infor%ality or &efect in the process# /u&'%ent# or or&er. ?ot shall anythin' in this rule be hel& to authori0e the &ischar'e of a person char'e& (ith or convicte& of an offense in the Philippines# or of a person sufferin' i%prison%ent un&er la(ful /u&'%ent. Se*t)o% /+ ,hen the %rit must 'e granted and issued. � A court or /u&'e authori0e& to 'rant the (rit %ust# (hen a petition therefor is presente& an& it appears that the (rit ou'ht to issue# 'rant the sa%e forth(ith# an& i%%e&iately thereupon the clerk of the court shall issue the (rit un&er the seal of the court5 or in case of e%er'ency# the /u&'e %ay issue the (rit un&er his o(n han&# an& %ay &epute any officer or person to serve it. Se*t)o% 0+ #o %hom %rit dire&ted, and %hat to re:uire . � !n case of i%prison%ent or restraint by an officer# the (rit shall be &irecte& to hi%# an& shall co%%an& hi% to have the bo&y of the person restraine& of his liberty before the court or /u&'e &esi'nate& in the (rit at the ti%e an& place therein specifie&. !n case of i%prison%ent or restraint by a person not an officer# the (rit shall be &irecte& to an officer# an& shall co%%an& hi% to take an& have the bo&y of the person restraine& of his liberty before the court or /u&'e &esi'nate& in the (rit at the ti%e an& place therein specifie&# an& to

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su%%on the person by (ho% he is restraine& then an& there to appear before sai& court or /u&'e to sho( the cause of the i%prison%ent or restraint. Se*t)o% 7+ 7o% prisoner designated and %rit ser(ed. � +he person to be pro&uce& shoul& be &esi'nate& in the (rit by his na%e# if kno(n# but if his na%e is not kno(n he %ay be other(ise &escribe& or i&entifie&. +he (rit %ay be serve& in any province by the sheriff or other proper officer# or by a person &epute& by the court or /u&'e. $ervice of the (rit shall be %a&e by leavin' the ori'inal (ith the person to (ho% it is &irecte& an& preservin' a copy on (hich to %ake return or service. !f that person cannot be foun&# or has not the prisoner in his custo&y# then the service shall be %a&e on any other person havin' or e.ercisin' such custo&y. Se*t)o% 3+ 7o% %rit e2e&uted and returned. � +he officer to (ho% the (rit is &irecte& shall convey the person so i%prisone& or restraine&# an& na%e& in the (rit# before the /u&'e allo(in' the (rit# or in case of his absence or &isability# before so%e other /u&'e of the sa%e court# on the &ay specifie& in the (rit# unless# fro% sickness or infir%ity of the person &irecte& to be pro&uce&# such person cannot# (ithout &an'er# be bou'ht before the court or /u&'e5 an& the officer shall %ake &ue return of the (rit# to'ether (ith the &ay an& the cause of the caption an& restraint of such person accor&in' to the co%%an& thereof. Se*t)o% 9+ 1efe&t of form. � ?o (rit of ha'eas &orpus can be &isobeye& for &efect of for%# if it sufficiently appears therefro% in (hose custo&y or un&er (hose restraint the party i%prisone& or restraine& is hel& an& the court or /u&'e before (ho% he is to be bou'ht. Se*t)o% 14+ Contents of return. � 6hen the person to be pro&uce& is i%prisone& or restraine& by an officer# the person (ho %akes the return shall state therein# an& in other cases the person in (hose custo&y the prisoner is foun& shall state# in (ritin' to the court or /u&'e before (ho% the (rit is returnable# plainly an& une<uivocably* (a) 6hether he has or has not the party in his custo&y or po(er# or un&er restraint5 (b) !f he has the party in his custo&y or po(er# or un&er restraint# the authority an& the true an& (hole cause thereof# set forth at lar'e# (ith a copy of the (rit# or&er e.ecution# or other process# if any# upon (hich the party is hel&5 (c) !f the party is in his custo&y or po(er or is restraine& by hi%# an& is not pro&uce&# particularly the nature an& 'ravity of the sickness or infir%ity of such party by reason of (hich he cannot# (ithout &an'er# be bou'ht before the court or /u&'e5 (&) !f he has ha& the party in his custo&y or po(er# or un&er restraint# an& has transferre& such custo&y or restraint to another# particularly to (ho%# at (hat ti%e# for (hat cause# an& by (hat authority such transfer (as %a&e. Se*t)o% 11+ Return to 'e signed and s%orn to. � +he return or state%ent shall be si'ne& by the person (ho %akes it5 an& shall also be s(orn by hi% if the prisoner is not pro&uce&# an& in all other cases unless the return is %a&e an& si'ne& by a s(orn public officer in his official capacity. Se*t)o% 1,+ 7earing on return. Ad+ournments. � 6hen the (rit is returne& before one /u&'e# at a ti%e (hen the court is in session# he %ay forth(ith a&/ourn the case into the court# there to be hear& an& &eter%ine&. +he court or /u&'e before (ho% the (rit is returne& or a&/ourne& %ust i%%e&iately procee& to hear an& e.a%ine the return# an& such other %atters as are properly sub%itte& for consi&eration# unless for 'oo& cause sho(n the hearin' is a&/ourne&# in (hich event the court or /u&'e shall %ake such or&er for the safekeepin' of the person i%prisone& or restraine& as the nature of the case re<uires. !f the person i%prisone& or restraine& is not pro&uce& because of his alle'e& sickness or infir%ity# the court or /u&'e %ust be satisfie& that it is so 'rave that such

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person cannot be pro&uce& (ithout &an'er# before procee&in' to hear an& &ispose of the %atter. 7n the hearin' the court or /u&'e shall &isre'ar& %atters of for% an& technicalities in respect to any (arrant or or&er of co%%it%ent of a court or officer authori0e& to co%%it by la(. Se*t)o% 1-+ ,hen the return e(iden&e, and %hen only a plea . � !f it appears that the prisoner is in custo&y un&er a (arrant of co%%it%ent in pursuance of la(# the return shall be consi&ere& prima fa&ie evi&ence of the cause of restraint# but if he is restraine& of his liberty by any alle'e& private authority# the return shall be consi&ere& only as a plea of the facts therein set forth# an& the party clai%in' the custo&y %ust prove such facts. Se*t)o% 1.+ ,hen person la%fully imprisoned re&ommitted, and %hen let to 'ail. � !f it appears that the prisoner (as la(fully co%%itte&# an& is plainly an& specifically char'e& in the (arrant of co%%it%ent (ith an offense punishable by &eath# he shall not be release&# &ischar'e&# or baile&. !f he is la(fully i%prisone& or restraine& on a char'e of havin' co%%itte& an offense not so punishable# he %ay be reco%%itte& to i%prison%ent or a&%itte& to bail in the &iscretion of the court or /u&'e. !f he be a&%itte& to bail# he shall forth(ith file a bon& in such su% as the court or /u&'e &ee%s reasonable# consi&erin' the circu%stances of the prisoner an& the nature of the offense char'e&# con&itione& for his appearance before the court (here the offense is properly co'ni0able to abi&e its or&er of /u&'%ent5 an& the court or /u&'e shall certify the procee&in's# to'ether (ith the bon&# forth(ith to the proper court. !f such bon& is not so file&# the prisoner shall be reco%%itte& to confine%ent. Se*t)o% 1/+ ,hen prisoner dis&harged if no appeal. � 6hen the court or /u&'e has e.a%ine& into the cause of caption an& restraint of the prisoner# an& is satisfie& that he is unla(fully i%prisone& or restraine&# he shall forth(ith or&er his &ischar'e fro% confine%ent# but such &ischar'e shall not be effective until a copy of the or&er has been serve& on the officer or person &etainin' the prisoner. !f the officer or person &etainin' the prisoner &oes not &esire to appeal# the prisoner shall be forth(ith release&. Se*t)o% 10+ Penalty for refusing to issue %rit, or for diso'eying the same . � A clerk of a court (ho refuses to issue the (rit after allo(ance thereof an& &e%an& therefor# or a person to (ho% a (rit is &irecte&# (ho ne'lects or refuses to obey or %ake return of the sa%e accor&in' to the co%%an& thereof# or %akes false return thereof# or (ho# upon &e%an& %a&e by or on behalf of the prisoner# refuses to &eliver to the person &e%an&in'# (ithin si. (3) hours after the &e%an& therefor# a true copy of the (arrant or or&er of co%%it%ent# shall forfeit to the party a''rieve& the su% of one thousan& pesos# to be recor&e& in a proper action# an& %ay also be punishe& by the court or /u&'e as for conte%pt. Se*t)o% 17+ Person dis&harged not to 'e again imprisoned. � A person (ho is set at liberty upon a (rit of ha'eas &orpus shall not be a'ain i%prisone& for the sa%e offense unless by the la(ful or&er or process of a court havin' /uris&iction of the cause or offense5 an& a person (ho kno(in'ly# contrary to the provisions of this rule# reco%%its or i%prisons# or causes to be co%%itte& or i%prisone&# for the sa%e offense# or preten&e& offense# any person so set at liberty# or kno(in'ly ai&s or assists therein# shall forfeit to the party a''rieve& the su% of one thousan& pesos# to be recovere& in a proper action# not(ithstan&in' any colorable pretense or variation in the (arrant of co%%it%ent# an& %ay also be punishe& by the court or /u&'e 'rantin' the (rit as for conte%pt. Se*t)o% 13+ ,hen prisoner may 'e remo(ed from one &ustody to another. � A person co%%itte& to prison# or in custo&y of an officer# for any cri%inal %atter# shall not be re%ove& therefro% into the custo&y of another unless by le'al process# or the prisoner be &elivere& to an inferior officer to carry to /ail# or# by or&er of the proper court or /u&'e# be re%ove& fro% one place to another (ithin the Philippines for trial# or in case of fire epi&e%ic# insurrection# or other necessity or public cala%ity5 an& a person (ho# after such co%%it%ent# %akes si'ns# or counter9si'ns any or&er for such re%oval contrary to this section# shall forfeit to the party a''rieve& the su% of one thousan& pesos# to be recovere& in a proper action.

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Se*t)o% 19+ Re&ord of %rit, fees and &osts. � +he procee&in's upon a (rit of ha'eas &orpus shall be recor&e& by the clerk of the court# an& upon the final &isposition of such procee&in's the court or /u&'e shall %ake such or&er as to costs as the case re<uires. +he fees of officers an& (itnesses shall be inclu&e& in the costs ta.e&# but no officer or person shall have the ri'ht to &e%an& pay%ent in a&vance of any fees to (hich he is entitle& by virtue of the procee&in's. 6hen a person confine& un&er color of procee&in's in a cri%inal case is &ischar'e&# the costs shall be ta.e& a'ainst the ,epublic of the Philippines# an& pai& out of its +reasury5 (hen a person in custo&y by virtue or un&er color of procee&in's in a civil case is &ischar'e&# the costs shall be ta.e& a'ainst hi%# or a'ainst the person (ho si'ne& the application for the (rit# or both# as the court shall &irect.

RULE 14Ch&%6e of N&5e Se*t)o% 1+ 4enue. � A person &esirin' to chan'e his na%e shall present the petition to the "ourt of @irst !nstance of the province in (hich he resi&es# or# in the "ity of Manila# to the Juvenile an& Eo%estic ,elations "ourt. Se*t)o% ,+ Contents of petition. � A petition for chan'e of na%e shall be si'ne& an& verifie& by the person &esirin' his na%e chan'e&# or so%e other person on his behalf# an& shall set forth* (a) +hat the petitioner has been a 'ona fide resi&ent of the province (here the petition is file& for at least three (2) years prior to the &ate of such filin'5 (b) +he cause for (hich the chan'e of the petitionerDs na%e is sou'ht5 (c) +he na%e aske& for. Se*t)o% -+ )rder for hearing. � !f the petition file& is sufficient in for% an& substance# the court# by an or&er recitin' the purpose of the petition# shall fi. a &ate an& place for the hearin' thereof# an& shall &irect that a copy of the or&er be publishe& before the hearin' at least once a (eek for three (2) successive (eeks in so%e ne(spaper of 'eneral circulation publishe& in the province# as the court shall &ee% best. +he &ate set for the hearin' shall not be (ithin thirty (20) &ays prior to an election nor (ithin four (1) %onth after the last publication of the notice. Se*t)o% .+ 7earing. � Any intereste& person %ay appear at the hearin' an& oppose the petition. +he $olicitor Aeneral or the proper provincial or city fiscal shall appear on behalf of the Aovern%ent of the ,epublic. Se*t)o% /+ *udgment. � :pon satisfactory proof in open court on the &ate fi.e& in the or&er that such or&er has been publishe& as &irecte& an& that the alle'ations of the petition are true# the court shall# if proper an& reasonable cause appears for chan'in' the na%e of the petitioner# a&/u&'e that such na%e be chan'e& in accor&ance (ith the prayer of the petition. Se*t)o% 0+ Ser(i&e of +udgment. � Ju&'%ents or or&ers ren&ere& in connection (ith this rule shall be furnishe& the civil re'istrar of the %unicipality or city (here the court issuin' the sa%e is situate&# (ho shall forth(ith enter the sa%e in the civil re'ister.

RULE 14.

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Vo'u%t&r2 D)sso'ut)o% of Cor9or&t)o%s Se*t)o% 1+ ,here, 'y %hom and on %hat sho%ing appli&ation made. � A petition for &issolution of a corporation shall be file& in the "ourt of @irst !nstance of the province (here the principal office of a corporation is situate&. +he petition shall be si'ne& by a %a/ority of its boar& of &irectors or other officers havin' the %ana'e%ent of its affairs# verifie& by its presi&ent or secretary or one of its &irectors# an& shall set forth all clai%s an& &e%an&s a'ainst it# an& that its &issolution (as resolve& upon by a %a/ority of the %e%bers# or# if a stock corporation# by the affir%ative vote of the stockhol&ers hol&in' an& representin' t(o9thir&s of all shares of stock issue& or subscribe&# at a %eetin' of its %e%bers or stockhol&ers calle& for that purpose. Se*t)o% ,+ )rder thereupon for filing o'+e&tions. � !f the petition is sufficient in for% an& substance# the court by an or&er recitin' the purpose of the petition# shall fi. a &ate on or before (hich ob/ections thereto %ay be file& by any person# (hich &ate shall not be less that thirty (20) nor %ore than si.ty (30) &ays after the entry of the or&er. )efore such &ate a copy of the or&er shall be publishe& at least once a (eek for four (1) successive (eeks in so%e ne(spaper of 'eneral circulation publishe& in the %unicipality or city (here the principal office of the corporation is situate&# or# if there be no such ne(spaper# then in so%e ne(spaper of 'eneral circulation in the Philippines# an& a si%ilar copy shall be poste& for four (1) (eeks in three public places in such %unicipality or city. Se*t)o% -+ 7earing, dissolution, and disposition of assets. Re&ei(er. � :pon five (5) &ays notice 'iven after the &ate on (hich the ri'ht to file ob/ections as fi.e& in the or&er e.pire&# the court shall procee& to hear the petition an& try any issue %a&e by ob/ections file&5 an& if no such ob/ection is sufficient# an& the %aterial alle'ations of the petition are true# it shall ren&er /u&'%ent &issolvin' the corporation an& &irectin' such &isposition of its assets as /ustice re<uires# an& %ay appoint a receiver to collect such assets an& pay the &ebts of the corporation. Se*t)o% .+ ,hat shall &onstitute re&ord. � +he petition# or&ers# proof of publication an& postin'# ob/ections file&# &eclaration of &issolution# an& any evi&ence taken# shall constitute the recor& in the case.

RULE 14/ "u1)*)&' A99ro(&' of Vo'u%t&r2 Re*o6%)t)o% of M)%or N&tur&' Ch)'1re% Se*t)o% 1+ 4enue. � 6here /u&icial approval of a voluntary reco'nition of a %inor natural chil& is re<uire&# such chil& or his parents shall obtain the sa%e by filin' a petition to that effect (ith the "ourt of @irst !nstance of the province in (hich the chil& resi&es. !n the "ity of Manila# the petition shall be file& in the Juvenile an& Eo%estic ,elations "ourt. Se*t)o% ,+ Contents of petition. � +he petition for /u&icial approval of a voluntary reco'nition of a %inor natural chil& shall contain the follo(in' alle'ations* (a) +he /uris&ictional facts5 (b) +he na%es an& resi&ences of the parents (ho ackno(le&'e& the chil&# or of either of the%# an& their co%pulsory heirs# an& the person or persons (ith (ho% the chil& lives5 (c) +he fact that the reco'nition %a&e by the parent or parents took place in a state%ent before a court of recor& or in an authentic (ritin'# copy of the state%ent or (ritin' bein' attache& to the petition.

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Se*t)o% -+ )rder for hearing. � :pon the filin' of the petition# the court# by an or&er recitin' the purpose of the sa%e# shall fi. the &ate an& place for the hearin' thereof# (hich &ate shall not be %ore than si. (3) %onths after the entry of the or&er# an& shall# %oreover# cause a copy of the or&er to be serve& personally or by %ail upon the intereste& parties# an& publishe& once a (eek for three (2) consecutive (eeks# in a ne(spaper or ne(spaper of 'eneral circulation in the province. Se*t)o% .+ )pposition. � Any intereste& party %ust# (ithin fifteen (-5) &ays fro% the service# or fro% the last &ate of publication# of the or&er referre& to in the ne.t prece&in' section# file his opposition to the petition# statin' the 'roun&s or reasons therefor. Se*t)o% /+ *udgment. � !f# fro% the evi&ence presente& &urin' the hearin'# the court is satisfie& that the reco'nition of the %inor natural chil& (as (illin'ly an& voluntarily %a&e by he parent or parents concerne&# an& that the reco'nition is for the best interest of the chil&# it shall ren&er /u&'%ent 'rantin' /u&icial approval of such reco'nition. Se*t)o% 0+ Ser(i&e of +udgment upon &i(il registrar. � A copy of the /u&'%ent ren&ere& in accor&ance (ith the prece&in' section shall be serve& upon the civil re'istrar (hose &uty it shall be to enter the sa%e in the re'ister.

RULE 140 Co%st)tut)o% of F&5)'2 Ao5e Se*t)o% 1+ ,ho may &onstitute. � +he hea& of a fa%ily o(nin' a house an& the lan& on (hich it is situate& %ay constitute the sa%e into a fa%ily ho%e by filin' a verifie& petition to that effect (ith the "ourt of @irst !nstance of the province or city (here the property is locate&. !n the "ity of Manila# the petition shall be file& in the Juvenile an& Eo%estic ,elations "ourt. 6hen there is &an'er that a person obli'e& to 'ive support %ay lose his or her fortune because of 'rave %is%ana'e%ent or on account of riotous livin'# his or her spouse# if any# an& a %a/ority of those entitle& to be supporte& by hi% or by her %ay petition the "ourt of @irst !nstance for the creation of the fa%ily ho%e. Se*t)o% ,+ Contents of petition. � +he petition shall contain the follo(in' particulars* (a) Eescription of the property5 (b) An esti%ate of its actual value5 (c) A state%ent that the petitioner is actually resi&in' in the pre%ises5 (&) +he encu%brances thereon5 (e) +he na%es an& a&&resses of all the cre&itors of the petitioner or hea& of the fa%ily an& of all %ort'a'es an& other persons (ho have an interest in the property5 (f) +he na%es of all the beneficiaries of the fa%ily ho%e. Se*t)o% -+ Noti&e and pu'li&ation. � +he court shall notify the cre&itors# %ort'a'ees an& all other persons (ho have an interest in the estate# of the filin' of the petition# causin' copies thereof to be serve& upon the%# an& publishe& once a (eek for three (2) consecutive (eeks in a ne(spaper of

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'eneral circulation. +he petition shall# %oreover# be cause& to be poste& in a conspicuous place in the parcel of lan& %entione& therein# an& also in a conspicuous place of the %unicipal buil&in' of the %unicipality or city in (hich the lan& is situate&# for at least fourteen (-1) &ays prior to the &ay of the hearin'. Se*t)o% .+ )'+e&tion and date of hearing. � !n the notice an& publication re<uire& in the prece&in' section# the court shall re<uire the intereste& parties to file their ob/ection to the petition (ithin a perio& of not less than thirty (20) &ays fro% receipt of notice or fro% the &ate of last publication# an& shall fi. the &ate an& ti%e of the hearin' of the petition. Se*t)o% /+ )rder. � After hearin'# if the court fin&s that the actual value of the propose& fa%ily ho%e &oes not e.cee& t(enty thousan& pesos# or thirty thousan& pesos in chartere& cities# an& that no thir& person is pre/u&ice& thereby# or that cre&itors have 'iven sufficient security for their cre&its# the petition shall be approve&. Se*t)o% 0+ Registration of order. � A certifie& copy of the or&er of the court approvin' the establish%ent of the fa%ily ho%e shall be furnishe& the re'ister of &ee&s (ho shall recor& the sa%e in the re'istry of property.

RULE 147 A<se%tees Se*t)o% 1+ Appointment of representati(e. � 6hen a person &isappears fro% his &o%icile# his (hereabouts bein' unkno(n# an& (ithout havin' left an a'ent to a&%inister his property# or the po(er conferre& upon the a'ent has e.pire&# any intereste& party# relative or frien& %ay petition the "ourt of @irst !nstance of the place (here the absentee resi&e& before his &is9appearance# for the appoint%ent of a person to represent hi% provisionally in all that %ay be necessary. !n the "ity of Manila# the petition shall be file& in the Juvenile an& Eo%estic ,elations "ourt. Se*t)o% ,+ 1e&laration of a'sen&e@ %ho may petition. � After the lapse of t(o (2) years fro% his &isapperance an& (ithout any ne(s about the absentee or since the receipt of the last ne(s# or of five (5) years in case the absentee has left a person in char'e of the a&%inistration of his property# the &eclaration of his absence an& appoint%ent of a trustee or a&%inistrative %ay be applie& for by any of the follo(in'* (a) +he spouse present5 (b) +he heirs institute& in a (ill# (ho %ay present an authentic copy of the sa%e. (c) +he relatives (ho (oul& succee& by the la( of intestacy5 an& (&) +hose (ho have over the property of the absentee so%e ri'ht subor&inate& to the con&ition of his &eath. Se*t)o% -+ Contents of petition. � +he petition for the appoint%ent of a representative# or for the &eclaration of absence an& the appoint%ent of a trustee or an a&%inistrator# %ust sho( the follo(in'* (a) +he /uris&ictional facts5

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(b) +he na%es# a'es# an& resi&ences of the heirs institute& in the (ill# copy of (hich shall be presente&# an& of the relatives (ho (oul& succee& by the la( of intestacy5 (c) +he na%es an& resi&ences of cre&itors an& others (ho %ay have any a&verse interest over the property of the absentee5 (&) +he probable value# location an& character of the property belon'in' to the absentee. Se*t)o% .+ #ime of hearing@ noti&e and pu'li&ation thereof. � 6hen a petition for the appoint%ent of a representative# or for the &eclaration of absence an& the appoint%ent of a trustee or a&%inistrator# is file&# the court shall fi. a &ate an& place for the hearin' thereof (here all concerne& %ay appear to contest the petition. "opies of the notice of the ti%e an& place fi.e& for the hearin' shall be serve& upon the kno(n heirs# le'atees# &evisees# cre&itors an& other intereste& persons# at least ten (-0) &ays before the &ay of the hearin'# an& shall be publishe& once a (eek for three (2) consecutive (eeks prior to the ti%e &esi'nate& for the hearin'# in a ne(spaper of 'eneral circulation in the province or city (here the absentee resi&es# as the court shall &ee% best. Se*t)o% /+ )pposition. � Anyone appearin' to contest the petition shall state in (ritin' his 'roun&s therefor# an& serve a copy thereof on the petitioner an& other intereste& parties on or before the &ate &esi'nate& for the hearin'. Se*t)o% 0+ Proof at hearing@ order. � At the hearin'# co%pliance (ith the provisions of section 1 of this rule %ust first be sho(n. :pon satisfactory proof of the alle'ations in the petition# the court shall issue an or&er 'rantin' the sa%e an& appointin' the representative# trustee or a&%inistrator for the absentee. +he /u&'e shall take the necessary %easures to safe'uar& the ri'hts an& interests of the absentee an& shall specify the po(ers# obli'ations an& re%uneration of his representative# trustee or a&%inistrator# re'ulatin' the% by the rules concernin' 'uar&ians. !n case of &eclaration of absence# the sa%e shall not take effect until si. (3) %onths after its publication in a ne(spaper of 'eneral circulation &esi'nate& by the court an& in the 7fficial Aa0ette. Se*t)o% 7+ ,ho may 'e appointed. � !n the appoint%ent of a representative# the spouse present shall be preferre& (hen there is no le'al separation. !f the absentee left no spouse# or if the spouse present is a %inor or other(ise inco%petent# any co%petent person %ay be appointe& by the court. !n case of &eclaration of absence# the trustee or a&%inistrator of the absenteeDs property shall be appointe& in accor&ance (ith the prece&in' para'raph. Se*t)o% 3+ #ermination of administration. � +he trusteeship or a&%inistration of the property of the absentee shall cease upon or&er of the court in any of the follo(in' cases* (a) 6hen the absentee appears personally or by %eans of an a'ent5 (b) 6hen the &eath of the absentee is prove& an& his testate or intestate heirs appear5 (c) 6hen a thir& person appears# sho(in' by a proper &ocu%ent that he has ac<uire& the absenteeDs property by purchase or other title.

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!n these cases the trustee or a&%inistrator shall cease in the perfor%ance of his office# an& the property shall be place& at the &isposal of (hose %ay have a ri'ht thereto.

RULE 143 C&%*e''&t)o% Or Corre*t)o% Of E%tr)es I% The C)()' Re6)str2 Se*t)o% 1+ ,ho may file petition. � Any person intereste& in any act# event# or&er or &ecree concernin' the civil status of persons (hich has been recor&e& in the civil re'ister# %ay file a verifie& petition for the cancellation or correction of any entry relatin' thereto# (ith the "ourt of @irst !nstance of the province (here the correspon&in' civil re'istry is locate&. Se*t)o% ,+ 0ntries su'+e&t to &an&ellation or &orre&tion. � :pon 'oo& an& vali& 'roun&s# the follo(in' entries in the civil re'ister %ay be cancelle& or correcte&* (a) births* (b) %arria'e5 (c) &eaths5 (&) le'al separations5 (e) /u&'%ents of annul%ents of %arria'e5 (f) /u&'%ents &eclarin' %arria'es voi& fro% the be'innin'5 (') le'iti%ations5 (h) a&options5 (i) ackno(le&'%ents of natural chil&ren5 (/) naturali0ation5 (k) election# loss or recovery of citi0enship5 (l) civil inter&iction5 (%) /u&icial &eter%ination of filiation5 (n) voluntary e%ancipation of a %inor5 an& (o) chan'es of na%e. Se*t)o% -+ Parties. � 6hen cancellation or correction of an entry in the civil re'ister is sou'ht# the civil re'istrar an& all persons (ho have or clai% any interest (hich (oul& be affecte& thereby shall be %a&e parties to the procee&in'. Se*t)o% .+ Noti&e and pu'li&ation. � :pon the filin' of the petition# the court shall# by an or&er# fi. the ti%e an& place for the hearin' of the sa%e# an& cause reasonable notice thereof to be 'iven to the persons na%e& in the petition. +he court shall also cause the or&er to be publishe& once a (eek for three (2) consecutive (eeks in a ne(spaper of 'eneral circulation in the province. Se*t)o% /+ )pposition. � +he civil re'istrar an& any person havin' or clai%in' any interest un&er the entry (hose cancellation or correction is sou'ht %ay# (ithin fifteen (-5) &ays fro% notice of the petition# or fro% the last &ate of publication of such notice# file his opposition thereto. Se*t)o% 0+ 02pediting pro&eedings. � +he court in (hich the procee&in' is brou'ht %ay %ake or&ers e.pe&itin' the procee&in's# an& %ay also 'rant preli%inary in/unction for the preservation of the ri'hts of the parties pen&in' such procee&in's. Se*t)o% 7+ )rder. � After hearin'# the court %ay either &is%iss the petition or issue an or&er 'rantin' the cancellation or correction praye& for. !n either case# a certifie& copy of the /u&'%ent shall be serve& upon the civil re'istrar concerne& (ho shall annotate& the sa%e in his recor&.

RULE 149 A99e&'s )% S9e*)&' Pro*ee1)%6s Se*t)o% 1+ )rders or +udgments from %hi&h appeals may 'e ta/en. � An intereste& person %ay appeal in special procee&in's fro% an or&er or /u&'%ent ren&ere& by a "ourt of @irst !nstance or a Juvenile an& Eo%estic ,elations "ourt# (here such or&er or /u&'%ent* (a) Allo(s or &isallo(s a (ill5

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(b) Eeter%ines (ho are the la(ful heirs of a &ecease& person# or the &istributive share of the estate to (hich such person is entitle&5 (c) Allo(s or &isallo(s# in (hole or in part# any clai% a'ainst the estate of a &ecease& person# or any clai% presente& on behalf of the estate in offset to a clai% a'ainst it5 (&) $ettles the account of an e.ecutor# a&%inistrator# trustee or 'uar&ian5 (e) "onstitutes# in procee&in's relatin' to the settle%ent of the estate of a &ecease& person# or the a&%inistration of a trustee or 'uar&ian# a final &eter%ination in the lo(er court of the ri'hts of the party appealin'# e.cept that no appeal shall be allo(e& fro% the appoint%ent of a special a&%inistrator5 an& (f) !s the final or&er or /u&'%ent ren&ere& in the case# an& affects the substantial ri'hts of the person appealin' unless it be an or&er 'rantin' or &enyin' a %otion for a ne( trial or for reconsi&eration. Se*t)o% ,+ Ad(an&e distri'ution in spe&ial pro&eedings. � ?ot(ithstan&in' a pen&in' controversy or appeal in procee&in's to settle the estate of a &ece&ent# the court %ay# in its &iscretion an& upon such ter%s as it %ay &ee% proper an& /ust# per%it that such part of the estate %ay not be affecte& by the controversy or appeal be &istribute& a%on' the heirs or le'atees# upon co%pliance (ith the con&itions set forth in ,ule >0 of this rules. TAE REVISED RULES OF CRIMINAL PROCEDURE (As &5e%1e1, De*e5<er 1, ,444!

RULE 114 Prose*ut)o% of Offe%ses Se*t)o% 1+ $nstitution of &riminal a&tions. � "ri%inal actions shall be institute& as follo(s* (a) @or offenses (here a preli%inary investi'ation is re<uire& pursuant to section - of ,ule --2# by filin' the co%plaint (ith the proper officer for the purpose of con&uctin' the re<uisite preli%inary investi'ation. (b) @or all other offenses# by filin' the co%plaint or infor%ation &irectly (ith the Municipal +rial "ourts an& Municipal "ircuit +rial "ourts# or the co%plaint (ith the office of the prosecutor. !n Manila an& other chartere& cities# the co%plaint shall be file& (ith the office of the prosecutor unless other(ise provi&e& in their charters. +he institution of the cri%inal action shall interrupt the runnin' perio& of prescription of the offense char'e& unless other(ise provi&e& in special la(s. (-a) Se*t)o% ,+ #he Complaint or information. � +he co%plaint or infor%ation shall be in (ritin'# in the na%e of the People of the Philippines an& a'ainst all persons (ho appear to be responsible for the offense involve&. (2a)

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Se*t)o% -+ Complaint defined. � A co%plaint is a s(orn (ritten state%ent char'in' a person (ith an offense# subscribe& by the offen&e& party# any peace officer# or other public officer char'e& (ith the enforce%ent of the la( violate&. (2) Se*t)o% .+ $nformation defined. � An infor%ation is an accusation in (ritin' char'in' a person (ith an offense# subscribe& by the prosecutor an& file& (ith the court. (1a) Se*t)o% /+ ,ho must prose&ute &riminal a&tions. � All cri%inal actions co%%ence& by a co%plaint or infor%ation shall be prosecute& un&er the &irection an& control of the prosecutor. ;o(ever# in Municipal +rial "ourts or Municipal "ircuit +rial "ourts (hen the prosecutor assi'ne& thereto or to the case is not available# the offen&e& party# any peace officer# or public officer char'e& (ith the enforce%ent of the la( violate& %ay prosecute the case. +his authority cease upon actual 5#his Se&tion intervention of the prosecutor or upon elevation of the case to the ,e'ional +rial "ourt.
%as repealed 'y A.M. No. 0A-A-0"-SC effe&ti(e May , A00A6

+he cri%es of a&ultery an& concubina'e shall not be prosecute& e.cept upon a co%plaint file& by the offen&e& spouse. +he offen&e& party cannot institute cri%inal prosecution (ithout inclu&in' the 'uilty parties# if both alive# nor# in any case# if the offen&e& party has consente& to the offense or par&one& the offen&ers. +he offenses of se&uction# ab&uction an& acts of lasciviousness shall not be prosecute& e.cept upon a co%plaint file& by the offen&e& party or her parents# 'ran&parents or 'uar&ian# nor# in any case# if the offen&er has been e.pressly par&one& by any of the%. !f the offen&e& party &ies or beco%es incapacitate& before she can file the co%plaint# an& she has no kno(n parents# 'ran&parents or 'uar&ian# the $tate shall initiate the cri%inal action in her behalf. +he offen&e& party# even if a %inor# has the ri'ht to initiate the prosecution of the offenses of se&uction# ab&uction an& acts of lasciviousness in&epen&ently of her parents# 'ran&parents# or 'uar&ian# unless she is inco%petent or incapable of &oin' so. 6here the offen&e& party# (ho is a %inor# fails to file the co%plaint# her parents# 'ran&parents# or 'uar&ian %ay file the sa%e. +he ri'ht to file the action 'rante& to parents# 'ran&parents or 'uar&ian shall be e.clusive of all other persons an& shall be e.ercise& successively in the or&er herein provi&e&# e.cept as state& in the prece&in' para'raph. ?o cri%inal action for &efa%ation (hich consists in the i%putation of the offenses %entione& above shall be brou'ht e.cept at the instance of an& upon co%plaint file& by the offen&e& party. (5a) +he prosecution for violation of special la(s shall be 'overne& by the provisions thereof. (n) Se*t)o% 0+ Suffi&ien&y of &omplaint or information. � A co%plaint or infor%ation is sufficient if it states the na%e of the accuse&5 the &esi'nation of the offense 'iven by the statute5 the acts or o%issions co%plaine& of as constitutin' the offense5 the na%e of the offen&e& party5 the appro.i%ate &ate of the co%%ission of the offense5 an& the place (here the offense (as co%%itte&. 6hen an offense is co%%itte& by %ore than one person# all of the% shall be inclu&e& in the co%plaint or infor%ation. (3a) Se*t)o% 7+ Name of the a&&used. � +he co%plaint or infor%ation %ust state the na%e an& surna%e of the accuse& or any appellation or nickna%e by (hich he has been or is kno(n. !f his na%e cannot be ascertaine&# he %ust be &escribe& un&er a fictitious na%e (ith a state%ent that his true na%e is unkno(n. !f the true na%e of the accuse& is thereafter &isclose& by hi% or appears in so%e other %anner to the court# such true na%e shall be inserte& in the co%plaint or infor%ation an& recor&. (=a)

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Se*t)o% 3+ 1esignation of the offense. � +he co%plaint or infor%ation shall state the &esi'nation of the offense 'iven by the statute# aver the acts or o%issions constitutin' the offense# an& specify its <ualifyin' an& a''ravatin' circu%stances. !f there is no &esi'nation of the offense# reference shall be %a&e to the section or subsection of the statute punishin' it. (8a) Se*t)o% 9+ Cause of the a&&usation. � +he acts or o%issions co%plaine& of as constitutin' the offense an& the <ualifyin' an& a''ravatin' circu%stances %ust be state& in or&inary an& concise lan'ua'e an& not necessarily in the lan'ua'e use& in the statute but in ter%s sufficient to enable a person of co%%on un&erstan&in' to kno( (hat offense is bein' char'e& as (ell as its <ualifyin' an& a''ravatin' circu%stances an& for the court to pronounce /u&'%ent. (>a) Se*t)o% 14+ Pla&e of &ommission of the offense. � +he co%plaint or infor%ation is sufficient if it can be un&erstoo& fro% its alle'ations that the offense (as co%%itte& or so%e of the essential in're&ients occurre& at so%e place (ithin the /uris&iction of the court# unless the particular place (here it (as co%%itte& constitutes an essential ele%ent of the offense or is necessary for its i&entification. (-0a) Se*t)o% 11+ 1ate of &ommission of the offense. � !t is not necessary to state in the co%plaint or infor%ation the precise &ate the offense (as co%%itte& e.cept (hen it is a %aterial in're&ient of the offense. +he offense %ay be alle'e& to have been co%%itte& on a &ate as near as possible to the actual &ate of its co%%ission. (--a) Se*t)o% 1,+ Name of the offended party. � +he co%plaint or infor%ation %ust state the na%e an& surna%e of the person a'ainst (ho% or a'ainst (hose property the offense (as co%%itte&# or any appellation or nickna%e by (hich such person has been or is kno(n. !f there is no better (ay of i&entifyin' hi%# he %ust be &escribe& un&er a fictitious na%e. (a) !n offenses a'ainst property# if the na%e of the offen&e& party is unkno(n# the property %ust be &escribe& (ith such particularity as to properly i&entify the offense char'e&. (b) !f the true na%e of the of the person a'ainst (ho% or a'ainst (hose properly the offense (as co%%itte& is thereafter &isclose& or ascertaine&# the court %ust cause the true na%e to be inserte& in the co%plaint or infor%ation an& the recor&. (c) !f the offen&e& party is a /uri&ical person# it is sufficient to state its na%e# or any na%e or &esi'nation by (hich it is kno(n or by (hich it %ay be i&entifie&# (ithout nee& of averrin' that it is a /uri&ical person or that it is or'ani0e& in accor&ance (ith la(. (-2a) Se*t)o% 1-+ 1upli&ity of the offense. � A co%plaint or infor%ation %ust char'e but one offense# e.cept (hen the la( prescribes a sin'le punish%ent for various offenses. (-2a) Se*t)o% 1.+ Amendment or su'stitution. � A co%plaint or infor%ation %ay be a%en&e&# in for% or in substance# (ithout leave of court# at any ti%e before the accuse& enters his plea. After the plea an& &urin' the trial# a for%al a%en&%ent %ay only be %a&e (ith leave of court an& (hen it can be &one (ithout causin' pre/u&ice to the ri'hts of the accuse&. ;o(ever# any a%en&%ent before plea# (hich &o(n'ra&es the nature of the offense char'e& in or e.clu&es any accuse& fro% the co%plaint or infor%ation# can be %a&e only upon %otion by the prosecutor# (ith notice to the offen&e& party an& (ith leave of court. +he court shall state its reasons in resolvin' the %otion an& copies of its or&er shall be furnishe& all parties# especially the offen&e& party. (n) !f it appears at any ti%e before /u&'%ent that a %istake has been %a&e in char'in' the proper offense# the court shall &is%iss the ori'inal co%plaint or infor%ation upon the filin' of a ne( one

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char'in' the proper offense in accor&ance (ith section -># ,ule --># provi&e& the accuse& shall not be place& in &ouble /eopar&y. +he court %ay re<uire the (itnesses to 'ive bail for their appearance at the trial. (-1a) Se*t)o% 1/+ Pla&e %here a&tion is to 'e instituted. � (a) $ub/ect to e.istin' la(s# the cri%inal action shall be institute& an& trie& in the court of the %unicipality or territory (here the offense (as co%%itte& or (here any of its essential in're&ients occurre&. (b) 6here an offense is co%%itte& in a train# aircraft# or other public or private vehicle (hile in the course of its trip# the cri%inal action shall be institute& an& trie& in the court of any %unicipality or territory (here such train# aircraft or other vehicle passe& &urin' such its trip# inclu&in' the place of its &eparture an& arrival. (c) 6here an offense is co%%itte& on boar& a vessel in the course of its voya'e# the cri%inal action shall be institute& an& trie& in the court of the first port of entry or of any %unicipality or territory (here the vessel passe& &urin' such voya'e# sub/ect to the 'enerally accepte& principles of international la(. (&) "ri%es co%%itte& outsi&e the Philippines but punishable un&er Article 2 of the ,evise& Penal "o&e shall be co'ni0able by the court (here the cri%inal action is first file&. (-5a) Se*t)o% 10+ $nter(ention of the offended party in &riminal a&tion. � 6here the civil action for recovery of civil liability is institute& in the cri%inal action pursuant to ,ule ---# the offen&e& party %ay intervene by counsel in the prosecution of the offense. (-3a)

RULE 111 Prose*ut)o% of C)()' A*t)o% Se*t)o% 1+ $nstitution of &riminal and &i(il a&tions. � (a) 6hen a cri%inal action is institute&# the civil action for the recovery of civil liability arisin' fro% the offense char'e& shall be &ee%e& institute& (ith the cri%inal action unless the offen&e& party (aives the civil action# reserves the ri'ht to institute it separately or institutes the civil action prior to the cri%inal action. +he reservation of the ri'ht to institute separately the civil action shall be %a&e before the prosecution starts presentin' its evi&ence an& un&er circu%stances affor&in' the offen&e& party a reasonable opportunity to %ake such reservation. 6hen the offen&e& party seeks to enforce civil liability a'ainst the accuse& by (ay of %oral# no%inal# te%perate# or e.e%plary &a%a'es (ithout specifyin' the a%ount thereof in the co%plaint or infor%ation# the filin' fees thereof shall constitute a first lien on the /u&'%ent a(ar&in' such &a%a'es. 6here the a%ount of &a%a'es# other than actual# is specifie& in the co%plaint or infor%ation# the correspon&in' filin' fees shall be pai& by the offen&e& party upon the filin' thereof in court. 4.cept as other(ise provi&e& in these ,ules# no filin' fees shall be re<uire& for actual &a%a'es.

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?o counterclai%# cross9clai% or thir&9party co%plaint %ay be file& by the accuse& in the cri%inal case# but any cause of action (hich coul& have been the sub/ect thereof %ay be liti'ate& in a separate civil action. (-a) (b) +he cri%inal action for violation of )atas Pa%bansa )l'. 22 shall be &ee%e& to inclu&e the correspon&in' civil action. ?o reservation to file such civil action separately shall be allo(e&. :pon filin' of the aforesai& /oint cri%inal an& civil actions# the offen&e& party shall pay in full the filin' fees base& on the a%ount of the check involve&# (hich shall be consi&ere& as the actual &a%a'es clai%e&. 6here the co%plaint or infor%ation also seeks to recover li<ui&ate&# %oral# no%inal# te%perate or e.e%plary &a%a'es# the offen&e& party shall pay a&&itional filin' fees base& on the a%ounts alle'e& therein. !f the a%ounts are not so alle'e& but any of these &a%a'es are subse<uently a(ar&e& by the court# the filin' fees base& on the a%ount a(ar&e& shall constitute a first lien on the /u&'%ent. 6here the civil action has been file& separately an& trial thereof has not yet co%%ence&# it %ay be consoli&ate& (ith the cri%inal action upon application (ith the court tryin' the latter case. !f the application is 'rante&# the trial of both actions shall procee& in accor&ance (ith section 2 of this ,ule 'overnin' consoli&ation of the civil an& cri%inal actions. (cir. 5=9>=) Se*t)o% ,+ ,hen separate &i(il a&tion is suspended. � After the cri%inal action has been co%%ence&# the separate civil action arisin' therefro% cannot be institute& until final /u&'%ent has been entere& in the cri%inal action. !f the cri%inal action is file& after the sai& civil action has alrea&y been institute&# the latter shall be suspen&e& in (hatever sta'e it %ay be foun& before /u&'%ent on the %erits. +he suspension shall last until final /u&'%ent is ren&ere& in the cri%inal action. ?evertheless# before /u&'%ent on the %erits is ren&ere& in the civil action# the sa%e %ay# upon %otion of the offen&e& party# be consoli&ate& (ith the cri%inal action in the court tryin' the cri%inal action. !n case of consoli&ation# the evi&ence alrea&y a&&uce& in the civil action shall be &ee%e& auto%atically repro&uce& in the cri%inal action (ithout pre/u&ice to the ri'ht of the prosecution to cross9e.a%ine the (itnesses presente& by the offen&e& party in the cri%inal case an& of the parties to present a&&itional evi&ence. +he consoli&ate& cri%inal an& civil actions shall be trie& an& &eci&e& /ointly. Eurin' the pen&ency of the cri%inal action# the runnin' of the perio& of prescription of the civil action (hich cannot be institute& separately or (hose procee&in' has been suspen&e& shall be tolle&. (n) +he e.tinction of the penal action &oes not carry (ith it e.tinction of the civil action. ;o(ever# the civil action base& on &elict shall be &ee%e& e.tin'uishe& if there is a fin&in' in a final /u&'%ent in the cri%inal action that the act or o%ission fro% (hich the civil liability %ay arise &i& not e.ist. (2a) Se*t)o% -+ ,hen &i(il a&tion may pro&eeded independently. � !n the cases provi&e& for in Articles 22# 22# 21 an& 2-=3 of the "ivil "o&e of the Philippines# the in&epen&ent civil action %ay be brou'ht by the offen&e& party. !t shall procee& in&epen&ently of the cri%inal action an& shall re<uire only a prepon&erance of evi&ence. !n no case# ho(ever# %ay the offen&e& party recover &a%a'es t(ice for the sa%e act or o%ission char'e& in the cri%inal action. (2a) Se*t)o% .+ 0ffe&t of death on &i(il a&tions. � +he &eath of the accuse& after arrai'n%ent an& &urin' the pen&ency of the cri%inal action shall e.tin'uish the civil liability arisin' fro% the &elict. ;o(ever# the in&epen&ent civil action institute& un&er section 2 of this ,ule or (hich thereafter is institute& to enforce liability arisin' fro% other sources of obli'ation %ay be continue& a'ainst the estate or le'al representative of the accuse& after proper substitution or a'ainst sai& estate# as the case %ay be. +he heirs of the accuse& %ay be substitute& for the &ecease& (ithout re<uirin' the

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appoint%ent of an e.ecutor or a&%inistrator an& the court %ay appoint a 'uar&ian ad litem for the %inor heirs. +he court shall forth(ith or&er sai& le'al representative or representatives to appear an& be substitute& (ithin a perio& of thirty (20) &ays fro% notice. A final /u&'%ent entere& in favor of the offen&e& party shall be enforce& in the %anner especially provi&e& in these rules for prosecutin' clai%s a'ainst the estate of the &ecease&. !f the accuse& &ies before arrai'n%ent# the case shall be &is%isse& (ithout pre/u&ice to any civil action the offen&e& party %ay file a'ainst the estate of the &ecease&. (n) Se*t)o% /+ *udgment in &i(il a&tion not a 'ar. � A final /u&'%ent ren&ere& in a civil action absolvin' the &efen&ant fro% civil liability is not a bar to a cri%inal action a'ainst the &efen&ant for the sa%e act or o%ission sub/ect of the civil action. (1a) Se*t)o% 0+ Suspension 'y reason of pre+udi&ial :uestion. � A petition for suspension of the cri%inal action base& upon the pen&ency of a pre/u&icial <uestion in a civil action %ay be file& in the office of the prosecutor or the court con&uctin' the preli%inary investi'ation. 6hen the cri%inal action has been file& in court for trial# the petition to suspen& shall be file& in the sa%e cri%inal action at any ti%e before the prosecution rests. (3a) Se*t)o% 7+ 0lements of pre+udi&ial :uestion. � +he ele%ents of a pre/u&icial <uestion are* (a) the previously institute& civil action involves an issue si%ilar or inti%ately relate& to the issue raise& in the subse<uent cri%inal action# an& (b) the resolution of such issue &eter%ines (hether or not the cri%inal action %ay procee&. (5a)

RULE 11, Pre')5)%&r2 I%(est)6&t)o% Se*t)o% 1+ Preliminary in(estigation defined5 %hen re:uired. � Preli%inary investi'ation is an in<uiry or procee&in' to &eter%ine (hether there is sufficient 'roun& to en'en&er a (ell9foun&e& belief that a cri%e has been co%%itte& an& the respon&ent is probably 'uilty thereof# an& shoul& be hel& for trial. 4.cept as provi&e& in section = of this ,ule# a preli%inary investi'ation is re<uire& to be con&ucte& before the filin' of a co%plaint or infor%ation for an offense (here the penalty prescribe& by la( is at least four (1) years# t(o (2) %onths an& one (-) &ay (ithout re'ar& to the fine. (-a) Se*t)o% ,+ )ffi&ers authori9ed to &ondu&t preliminary in(estigations. � +he follo(in' %ay con&uct preli%inary investi'ations* (a) Provincial or "ity Prosecutors an& their assistants5 (b) Ju&'es of the Municipal +rial "ourts an& Municipal "ircuit +rial "ourts5 (c) ?ational an& ,e'ional $tate Prosecutors5 an& (&) 7ther officers as %ay be authori0e& by la(.

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+heir authority to con&uct preli%inary investi'ations shall inclu&e all cri%es co'ni0able by the proper court in their respective territorial /uris&ictions. (2a) Se*t)o% -+ Pro&edure. � +he preli%inary investi'ation shall be con&ucte& in the follo(in' %anner* (a) +he co%plaint shall state the a&&ress of the respon&ent an& shall be acco%panie& by the affi&avits of the co%plainant an& his (itnesses# as (ell as other supportin' &ocu%ents to establish probable cause. +hey shall be in such nu%ber of copies as there are respon&ents# plus t(o (2) copies for the official file. +he affi&avits shall be subscribe& an& s(orn to before any prosecutor or 'overn%ent official authori0e& to a&%inister oath# or# in their absence or unavailability# before a notary public# each of (ho %ust certify that he personally e.a%ine& the affiants an& that he is satisfie& that they voluntarily e.ecute& an& un&erstoo& their affi&avits. (b) 6ithin ten (-0) &ays after the filin' of the co%plaint# the investi'atin' officer shall either &is%iss it if he fin&s no 'roun& to continue (ith the investi'ation# or issue a subpoena to the respon&ent attachin' to it a copy of the co%plaint an& its supportin' affi&avits an& &ocu%ents. +he respon&ent shall have the ri'ht to e.a%ine the evi&ence sub%itte& by the co%plainant (hich he %ay not have been furnishe& an& to copy the% at his e.pense. !f the evi&ence is volu%inous# the co%plainant %ay be re<uire& to specify those (hich he inten&s to present a'ainst the respon&ent# an& these shall be %a&e available for e.a%ination or copyin' by the respon&ent at his e.pense. 7b/ects as evi&ence nee& not be furnishe& a party but shall be %a&e available for e.a%ination# copyin'# or photo'raphin' at the e.pense of the re<uestin' party. (c) 6ithin ten (-0) &ays fro% receipt of the subpoena (ith the co%plaint an& supportin' affi&avits an& &ocu%ents# the respon&ent shall sub%it his counter9affi&avit an& that of his (itnesses an& other supportin' &ocu%ents relie& upon for his &efense. +he counter9 affi&avits shall be subscribe& an& s(orn to an& certifie& as provi&e& in para'raph (a) of this section# (ith copies thereof furnishe& by hi% to the co%plainant. +he respon&ent shall not be allo(e& to file a %otion to &is%iss in lieu of a counter9affi&avit. (&) !f the respon&ent cannot be subpoenae&# or if subpoenae&# &oes not sub%it counter9 affi&avits (ithin the ten (-0) &ay perio&# the investi'atin' officer shall resolve the co%plaint base& on the evi&ence presente& by the co%plainant. (e) +he investi'atin' officer %ay set a hearin' if there are facts an& issues to be clarifie& fro% a party or a (itness. +he parties can be present at the hearin' but (ithout the ri'ht to e.a%ine or cross9e.a%ine. +hey %ay# ho(ever# sub%it to the investi'atin' officer <uestions (hich %ay be aske& to the party or (itness concerne&. +he hearin' shall be hel& (ithin ten (-0) &ays fro% sub%ission of the counter9affi&avits an& other &ocu%ents or fro% the e.piration of the perio& for their sub%ission. !t shall be ter%inate& (ithin five (5) &ays. (f) 6ithin ten (-0) &ays after the investi'ation# the investi'atin' officer shall &eter%ine (hether or not there is sufficient 'roun& to hol& the respon&ent for trial. (2a) Se*t)o% .+ Resolution of in(estigating prose&utor and its re(ie%. � !f the investi'atin' prosecutor fin&s cause to hol& the respon&ent for trial# he shall prepare the resolution an& infor%ation. ;e shall certify un&er oath in the infor%ation that he# or as sho(n by the recor&# an authori0e& officer# has

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personally e.a%ine& the co%plainant an& his (itnesses5 that there is reasonable 'roun& to believe that a cri%e has been co%%itte& an& that the accuse& is probably 'uilty thereof5 that the accuse& (as infor%e& of the co%plaint an& of the evi&ence sub%itte& a'ainst hi%5 an& that he (as 'iven an opportunity to sub%it controvertin' evi&ence. 7ther(ise# he shall reco%%en& the &is%issal of the co%plaint. 6ithin five (5) &ays fro% his resolution# he shall for(ar& the recor& of the case to the provincial or city prosecutor or chief state prosecutor# or to the 7%bu&s%an or his &eputy in cases of offenses co'ni0able by the $an&i'anbayan in the e.ercise of its ori'inal /uris&iction. +hey shall act on the resolution (ithin ten (-0) &ays fro% their receipt thereof an& shall i%%e&iately infor% the parties of such action. ?o co%plaint or infor%ation %ay be file& or &is%isse& by an investi'atin' prosecutor (ithout the prior (ritten authority or approval of the provincial or city prosecutor or chief state prosecutor or the 7%bu&s%an or his &eputy. 6here the investi'atin' prosecutor reco%%en&s the &is%issal of the co%plaint but his reco%%en&ation is &isapprove& by the provincial or city prosecutor or chief state prosecutor or the 7%bu&s%an or his &eputy on the 'roun& that a probable cause e.ists# the latter %ay# by hi%self# file the infor%ation a'ainst the respon&ent# or &irect any other assistant prosecutor or state prosecutor to &o so (ithout con&uctin' another preli%inary investi'ation. !f upon petition by a proper party un&er such rules as the Eepart%ent of Justice %ay prescribe or motu proprio# the $ecretary of Justice reverses or %o&ifies the resolution of the provincial or city prosecutor or chief state prosecutor# he shall &irect the prosecutor concerne& either to file the correspon&in' infor%ation (ithout con&uctin' another preli%inary investi'ation# or to &is%iss or %ove for &is%issal of the co%plaint or infor%ation (ith notice to the parties. +he sa%e rule shall apply in preli%inary investi'ations con&ucte& by the officers of the 7ffice of the 7%bu&s%an. (1a) Se*t)o% /+ Resolution of in(estigating +udge and its re(ie%. � 6ithin ten (-0) &ays after the preli%inary investi'ation# the investi'atin' /u&'e shall trans%it the resolution of the case to the provincial or city prosecutor# or to the 7%bu&s%an or his &eputy in cases of offenses co'ni0able by the $an&i'anbayan in the e.ercise of its ori'inal /uris&iction# for appropriate action. +he resolution shall state the fin&in's of facts an& the la( supportin' his action# to'ether (ith the recor& of the case (hich shall inclu&e* (a) the (arrant# if the arrest is by virtue of a (arrant5 (b) the affi&avits# counter9 affi&avits an& other supportin' evi&ence of the parties5 (c) the un&ertakin' or bail of the accuse& an& the or&er for his release5 (&) the transcripts of the procee&in's &urin' the preli%inary investi'ation5 an& (e) the or&er of cancellation of his bail bon&# if the resolution is for the &is%issal of the co%plaint. 6ithin thirty (20) &ays fro% receipt of the recor&s# the provincial or city prosecutor# or the 7%bu&s%an or his &eputy# as the case %ay be# shall revie( the resolution of the investi'atin' /u&'e on the e.istence of probable cause. +heir rulin' shall e.pressly an& clearly state the facts an& the la( on (hich it is base& an& the parties shall be furnishe& (ith copies thereof. +hey shall or&er the release of an accuse& (ho is &etaine& if no probable cause is foun& a'ainst hi%. (5a) Se*t)o% 0+ ,hen %arrant of arrest may issue. � (a) By the Regional #rial Court. � 6ithin ten (-0) &ays fro% the filin' of the co%plaint or infor%ation# the /u&'e shall personally evaluate the resolution of the prosecutor an& its supportin' evi&ence. ;e %ay i%%e&iately &is%iss the case if the evi&ence on recor& clearly fails to establish probable cause. !f he fin&s probable cause# he shall issue a (arrant of arrest# or a co%%it%ent or&er if the accuse& has alrea&y been arreste& pursuant to a (arrant issue& by the /u&'e (ho con&ucte& the preli%inary investi'ation or (hen the co%plaint or infor%ation (as file& pursuant to section = of this ,ule. !n case of &oubt on the e.istence of probable cause# the /u&'e %ay or&er the prosecutor to present a&&itional evi&ence (ithin five (5) &ays fro%

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notice an& the issue %ust be resolve& by the court (ithin thirty (20) &ays fro% the filin' of the co%plaint of infor%ation. (b) By the Muni&ipal #rial Court. � 6hen re<uire& pursuant to the secon& para'raph of section - of this ,ule# the preli%inary investi'ation of cases fallin' un&er the ori'inal /uris&iction of the Metropolitan +rial "ourt# Municipal +rial "ourt in "ities# Municipal +rial "ourt# or Municipal "ircuit +rial "ourt %ay be con&ucte& by either the /u&'e or the prosecutor. 6hen con&ucte& by the prosecutor# the proce&ure for the issuance of a (arrant or arrest by the /u&'e shall be 'overne& by para'raph (a) of this section. 6hen the investi'ation is con&ucte& by the /u&'e hi%self# he shall follo( the proce&ure provi&e& in section 2 of this ,ule. !f the fin&in's an& reco%%en&ations are affir%e& by the provincial or city prosecutor# or by the 7%bu&s%an or his &eputy# an& the correspon&in' infor%ation is file&# he shall issue a (arrant of arrest. ;o(ever# (ithout (aitin' for the conclusion of the investi'ation# the /u&'e %ay issue a (arrant of arrest if he fin&s after an e.a%ination in (ritin' an& un&er oath of the co%plainant an& his (itnesses in the for% of searchin' <uestion an& ans(ers# that a probable cause e.ists an& that there is a necessity of placin' the respon&ent un&er i%%e&iate custo&y in or&er not to frustrate the en&s of /ustice. (c) ,hen %arrant of arrest not ne&essary. � A (arrant of arrest shall not issue if the accuse& is alrea&y un&er &etention pursuant to a (arrant issue& by the %unicipal trial court in accor&ance (ith para'raph (b) of this section# or if the co%plaint or infor%ation (as file& pursuant to section = of this ,ule or is for an offense penali0e& by fine only. +he court shall then procee& in the e.ercise of its ori'inal /uris&iction. (3a) Se*t)o% 7+ ,hen a&&used la%fully arrested %ithout %arrant. � 6hen a person is la(fully arreste& (ithout a (arrant involvin' an offense (hich re<uires a preli%inary investi'ation# the co%plaint or infor%ation %ay be file& by a prosecutor (ithout nee& of such investi'ation provi&e& an in<uest has been con&ucte& in accor&ance (ith e.istin' rules. !n the absence or unavailability of an in<uest prosecutor# the co%plaint %ay be file& by the offen&e& party or a peace office &irectly (ith the proper court on the basis of the affi&avit of the offen&e& party or arrestin' officer or person. )efore the co%plaint or infor%ation is file&# the person arreste& %ay ask for a preli%inary investi'ation in accor&ance (ith this ,ule# but he %ust si'n a (aiver of the provisions of Article -25 of the ,evise& Penal "o&e# as a%en&e&# in the presence of his counsel. ?ot(ithstan&in' the (aiver# he %ay apply for bail an& the investi'ation %ust be ter%inate& (ithin fifteen (-5) &ays fro% its inception. After the filin' of the co%plaint or infor%ation in court (ithout a preli%inary investi'ation# the accuse& %ay# (ithin five (5) &ays fro% the ti%e he learns of its filin'# ask for a preli%inary investi'ation (ith the sa%e ri'ht to a&&uce evi&ence in his &efense as provi&e& in this ,ule. (=a5 sec. 2# ,.A. ?o. =128) Se*t)o% 3+ Re&ords. � (a) Re&ords supporting the information or &omplaint. � An infor%ation or co%plaint file& in court shall be supporte& by the affi&avits an& counter9affi&avits of the parties an& their (itnesses# to'ether (ith the other supportin' evi&ence an& the resolution on the case. (b) Re&ord of preliminary in(estigation. � +he recor& of the preli%inary investi'ation# (hether con&ucte& by a /u&'e or a fiscal# shall not for% part of the recor& of the case. ;o(ever# the court# on its o(n initiative or on %otion of any party# %ay or&er the pro&uction of the recor& or any its part (hen necessary in the resolution of the case or any inci&ent therein# or (hen it is to be intro&uce& as an evi&ence in the case by the re<uestin' party. (8a) Se*t)o% 9+ Cases not re:uiring a preliminary in(estigation nor &o(ered 'y the Rule on Summary Pro&edure. �

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(a) $f filed %ith the prose&utor. � !f the co%plaint is file& &irectly (ith the prosecutor involvin' an offense punishable by i%prison%ent of less four (1) years# t(o (2) %onths an& one (-) &ay# the proce&ure outline& in section 2(a) of this ,ule shall be observe&. +he prosecutor shall act on the co%plaint base& on the affi&avits an& other supportin' &ocu%ents sub%itte& by the co%plainant (ithin ten (-0) &ays fro% its filin'. (b) $f filed %ith the Muni&ipal #rial Court. � !f the co%plaint or infor%ation is file& &irectly (ith the Municipal +rial "ourt or Municipal "ircuit +rial "ourt for an offense covere& by this section# the proce&ure in section 2(a) of this ,ule shall be observe&. !f (ithin ten (-0) &ays after the filin' of the co%plaint or infor%ation# the /u&'e fin&s no probable cause after personally evaluatin' the evi&ence# or after personally e.a%inin' in (ritin' an& un&er oath the co%plainant an& his (itnesses in the for% of searchin' <uestion an& ans(ers# he shall &is%iss the sa%e. ;e %ay# ho(ever# re<uire the sub%ission of a&&itional evi&ence# (ithin ten (-0) &ays fro% notice# to &eter%ine further the e.istence of probable cause. !f the /u&'e still fin&s no probable cause &espite the a&&itional evi&ence# he shall# (ithin ten (-0) &ays fro% its sub%ission or e.piration of sai& perio&# &is%iss the case. 6hen he fin&s probable cause# he shall issue a (arrant of arrest# or a co%%it%ent or&er if the accuse& ha& alrea&y been arreste&# an& hol& hi% for trial. ;o(ever# if the /u&'e is satisfie& that there is no necessity for placin' the accuse& un&er custo&y# he %ay issue su%%ons instea& of a (arrant of arrest. (>a)

RULE 11Arrest Se*t)o% 1+ 1efinition of arrest. � Arrest is the takin' of a person into custo&y in or&er that he %ay be boun& to ans(er for the co%%ission of an offense. (-) Se*t)o% ,+ Arrest5 ho% made. � An arrest is %a&e by an actual restraint of a person to be arreste&# or by his sub%ission to the custo&y of the person %akin' the arrest. ?o violence or unnecessary force shall be use& in %akin' an arrest. +he person arreste& shall not be sub/ect to a 'reater restraint than is necessary for his &etention. (2a) Se*t)o% -+ 1uty of arresting offi&er. � !t shall be the &uty of the officer e.ecutin' the (arrant to arrest the accuse& an& to &eliver hi% to the nearest police station or /ail (ithout unnecessary &elay. (2a) Se*t)o% .+ 02e&ution of %arrant. � +he hea& of the office to (ho% the (arrant of arrest (as &elivere& for e.ecution shall cause the (arrant to be e.ecute& (ithin ten (-0) &ays fro% its receipt. 6ithin ten (-0) &ays after the e.piration of the perio&# the officer to (ho% it (as assi'ne& for e.ecution shall %ake a report to the /u&'e (ho issue& the (arrant. !n case of his failure to e.ecute the (arrant# he shall state the reasons therefor. (1a) Se*t)o% /+ Arrest %ithout %arrant5 %hen la%ful. � A peace officer or a private person %ay# (ithout a (arrant# arrest a person* (a) 6hen# in his presence# the person to be arreste& has co%%itte&# is actually co%%ittin'# or is atte%ptin' to co%%it an offense5

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(b) 6hen an offense has /ust been co%%itte&# an& he has probable cause to believe base& on personal kno(le&'e of facts or circu%stances that the person to be arreste& has co%%itte& it5 an& (c) 6hen the person to be arreste& is a prisoner (ho has escape& fro% a penal establish%ent or place (here he is servin' final /u&'%ent or is te%porarily confine& (hile his case is pen&in'# or has escape& (hile bein' transferre& fro% one confine%ent to another. !n cases fallin' un&er para'raph (a) an& (b) above# the person arreste& (ithout a (arrant shall be forth(ith &elivere& to the nearest police station or /ail an& shall be procee&e& a'ainst in accor&ance (ith section = of ,ule --2. (5a) Se*t)o% 0+ #ime of ma/ing arrest. � An arrest %ay be %a&e on any &ay an& at any ti%e of the &ay or ni'ht. (3) Se*t)o% 7+ Method of arrest 'y offi&er 'y (irtue of %arrant . � 6hen %akin' an arrest by virtue of a (arrant# the officer shall infor% the person to be arreste& of the cause of the arrest an& of the fact that a (arrant has been issue& for his arrest# e.cept (hen he flees or forcibly resists before the officer has opportunity to so infor% hi%# or (hen the 'ivin' of such infor%ation (ill i%peril the arrest. +he officer nee& not have the (arrant in his possession at the ti%e of the arrest but after the arrest# if the person arreste& so re<uires# the (arrant shall be sho(n to hi% as soon as practicable. (=a) Se*t)o% 3+ Method of arrest 'y offi&er %ithout %arrant . � 6hen %akin' an arrest (ithout a (arrant# the officer shall infor% the person to be arreste& of his authority an& the cause of the arrest# unless the latter is either en'a'e& in the co%%ission of an offense# is pursue& i%%e&iately after its co%%ission# has escape&# flees or forcibly resists before the officer has opportunity so to infor% hi%# or (hen the 'ivin' of such infor%ation (ill i%peril the arrest. (8a) Se*t)o% 9+ Method of arrest 'y pri(ate person. � 6hen %akin' an arrest# a private person shall infor% the person to be arreste& of the intention to arrest hi% an& cause of the arrest# unless the latter is either en'a'e& in the co%%ission of an offense# is pursue& i%%e&iately after its co%%ission# or has escape&# flees# or forcibly resists before the person %akin' the arrest has opportunity to so infor% hi%# or (hen the 'ivin' of such infor%ation (ill i%peril the arrest. (>a) Se*t)o% 14+ )ffi&er may summon assistan&e. � An officer %akin' a la(ful arrest %ay orally su%%on as %any persons as he &ee%s necessary to assist hi% in effectin' the arrest. 4very person so su%%one& by an officer shall assist hi% in effectin' the arrest (hen he can ren&er such assistance (ithout &etri%ent to hi%self. (-0a) Se*t)o% 11+ Right of offi&er to 'rea/ into 'uilding or en&losure . � An officer# in or&er to %ake an arrest either by virtue of a (arrant# or (ithout a (arrant as provi&e& in section 5# %ay break into any buil&in' or enclosure (here the person to be arreste& is or is reasonably believe& to be# if he is refuse& a&%ittance thereto# after announcin' his authority an& purpose. (--a) Se*t)o% 1,+ Right to 'rea/ out from 'uilding or en&losure. � 6henever an officer has entere& the buil&in' or enclosure in accor&ance (ith the prece&in' section# he %ay break out therefro% (hen necessary to liberate hi%self. (-2a) Se*t)o% 1-+ Arrest after es&ape or res&ue. � !f a person la(fully arreste& escapes or is rescue&# any person %ay i%%e&iately pursue or retake hi% (ithout a (arrant at any ti%e an& in any place (ithin the Philippines. (-2) Se*t)o% 1.+ Right of attorney or relati(e to (isit person arrested . � Any %e%ber of the Philippine )ar shall# at the re<uest of the person arreste& or of another actin' in his behalf# have the ri'ht to

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visit an& confer privately (ith such person in the /ail or any other place of custo&y at any hour of the &ay or ni'ht. $ub/ect to reasonable re'ulations# a relative of the person arreste& can also e.ercise the sa%e ri'ht. (-1a)

RULE 11. ;&)' Se*t)o% 1+ Bail defined. � )ail is the security 'iven for the release of a person in custo&y of the la(# furnishe& by hi% or a bon&s%an# to 'uarantee his appearance before any court as re<uire& un&er the con&itions hereinafter specifie&. )ail %ay be 'iven in the for% of corporate surety# property bon&# cash &eposit# or reco'ni0ance. (-a) Se*t)o% ,+ Conditions of the 'ail5 re:uirements. � All kin&s of bail are sub/ect to the follo(in' con&itions* (a) +he un&ertakin' shall be effective upon approval# an& unless cancelle&# shall re%ain in force at all sta'es of the case until pro%ul'ation of the /u&'%ent of the ,e'ional +rial "ourt# irrespective of (hether the case (as ori'inally file& in or appeale& to it5 (b) +he accuse& shall appear before the proper court (henever re<uire& by the court of these ,ules5 (c) +he failure of the accuse& to appear at the trial (ithout /ustification an& &espite &ue notice shall be &ee%e& a (aiver of his ri'ht to be present thereat. !n such case# the trial %ay procee& in a'sentia5 an& (&) +he bon&s%an shall surren&er the accuse& to the court for e.ecution of the final /u&'%ent. +he ori'inal papers shall state the full na%e an& a&&ress of the accuse&# the a%ount of the un&ertakin' an& the con&itions herein re<uire&. Photo'raphs (passport si0e) taken (ithin the last si. (3) %onths sho(in' the face# left an& ri'ht profiles of the accuse& %ust be attache& to the bail. (2a) Se*t)o% -+ No release or transfer e2&ept on &ourt order or 'ail . � ?o person un&er &etention by le'al process shall be release& or transferre& e.cept upon or&er of the court or (hen he is a&%itte& to bail. (2a) Se*t)o% .+ Bail, a matter of right5 e2&eption. � All persons in custo&y shall be a&%itte& to bail as a %atter of ri'ht# (ith sufficient sureties# or release& on reco'ni0e as prescribe& by la( or this ,ule (a) before or after conviction by the Metropolitan +rial "ourt# Municipal +rial "ourt# Municipal +rial "ourt in "ities# or Municipal "ircuit +rial "ourt# an& (b) before conviction by the ,e'ional +rial "ourt of an offense not punishable by &eath# re&lusion perpetua# or life i%prison%ent. (1a) Se*t)o% /+ Bail# %hen dis&retionary. � :pon conviction by the ,e'ional +rial "ourt of an offense not punishable by &eath# re&lusion perpetua# or life i%prison%ent# a&%ission to bail is &iscretionary. +he application for bail %ay be file& an& acte& upon by the trial court &espite the filin' of a notice of appeal# provi&e& it has not trans%itte& the ori'inal recor& to the appellate court. ;o(ever# if the &ecision of the trial court convictin' the accuse& chan'e& the nature of the offense fro% non9bailable to bailable# the application for bail can only be file& (ith an& resolve& by the appellate court.

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$houl& the court 'rant the application# the accuse& %ay be allo(e& to continue on provisional liberty &urin' the pen&ency of the appeal un&er the sa%e bail sub/ect to the consent of the bon&s%an. !f the penalty i%pose& by the trial court is i%prison%ent e.cee&in' si. (3) years# the accuse& shall be &enie& bail# or his bail shall be cancelle& upon a sho(in' by the prosecution# (ith notice to the accuse&# of the follo(in' or other si%ilar circu%stances* (a) +hat he is a reci&ivist# <uasi9reci&ivist# or habitual &elin<uent# or has co%%itte& the cri%e a''ravate& by the circu%stance of reiteration5 (b) +hat he has previously escape& fro% le'al confine%ent# eva&e& sentence# or violate& the con&itions of his bail (ithout vali& /ustification5 (c) +hat he co%%itte& the offense (hile un&er probation# parole# or con&itional par&on5 (&) +hat the circu%stances of his case in&icate the probability of fli'ht if release& on bail5 or (e) +hat there is un&ue risk that he %ay co%%it another cri%e &urin' the pen&ency of the appeal. +he appellate court %ay# motu proprio or on %otion of any party# revie( the resolution of the ,e'ional +rial "ourt after notice to the a&verse party in either case. (5a) Se*t)o% 0+ Capital offense defined. � A capital offense is an offense (hich# un&er the la( e.istin' at the ti%e of its co%%ission an& of the application for a&%ission to bail# %ay be punishe& (ith &eath. (3a) Se*t)o% 7+ Capital offense of an offense punisha'le 'y re&lusion perpetua or life imprisonment, not 'aila'le. � ?o person char'e& (ith a capital offense# or an offense punishable by re&lusion perpetua or life i%prison%ent# shall be a&%itte& to bail (hen evi&ence of 'uilt is stron'# re'ar&less of the sta'e of the cri%inal prosecution. (=a) Se*t)o% 3+ Burden of proof in 'ail appli&ation. � At the hearin' of an application for bail file& by a person (ho is in custo&y for the co%%ission of an offense punishable by &eath# re&lusion perpetua# or life i%prison%ent# the prosecution has the bur&en of sho(in' that evi&ence of 'uilt is stron'. +he evi&ence presente& &urin' the bail hearin' shall be consi&ere& auto%atically repro&uce& at the trial# but upon %otion of either party# the court %ay recall any (itness for a&&itional e.a%ination unless the latter is &ea&# outsi&e the Philippines# or other(ise unable to testify. (8a) Se*t)o% 9+ Amount of 'ail5 guidelines. � +he /u&'e (ho issue& the (arrant or 'rante& the application shall fi. a reasonable a%ount of bail consi&erin' pri%arily# but not li%ite& to# the follo(in' factors* (a) @inancial ability of the accuse& to 'ive bail5 (b) ?ature an& circu%stances of the offense5 (c) Penalty for the offense char'e&5 (&) "haracter an& reputation of the accuse&5 (e) A'e an& health of the accuse&5

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(f) 6ei'ht of the evi&ence a'ainst the accuse&5 (') Probability of the accuse& appearin' at the trial5 (h) @orfeiture of other bail5 (i) +he fact that accuse& (as a fu'itive fro% /ustice (hen arreste&5 an& (/) Pen&ency of other cases (here the accuse& is on bail. 4.cessive bail shall not be re<uire&. (>a) Se*t)o% 14+ Corporate surety. � Any &o%estic or forei'n corporation# license& as a surety in accor&ance (ith la( an& currently authori0e& to act as such# %ay provi&e bail by a bon& subscribe& /ointly by the accuse& an& an officer of the corporation &uly authori0e& by its boar& of &irectors. (-0a) Se*t)o% 11+ Property 'ond# ho% posted. � A property bon& is an un&ertakin' constitute& as lien on the real property 'iven as security for the a%ount of the bail. 6ithin ten (-0) &ays after the approval of the bon&# the accuse& shall cause the annotation of the lien on the certificate of title on file (ith the ,e'ister of Eee&s if the lan& is re'istere&# or if unre'istere&# in the ,e'istration )ook on the space provi&e& therefor# in the ,e'istry of Eee&s for the province or city (here the lan& lies# an& on the correspon&in' ta. &eclaration in the office of the provincial# city an& %unicipal assessor concerne&. 6ithin the sa%e perio&# the accuse& shall sub%it to the court his co%pliance an& his failure to &o so shall be sufficient cause for the cancellation of the property bon& an& his re9arrest an& &etention. (--a) Se*t)o% 1,+ <ualifi&ations of sureties in property 'ond. � +he <ualification of sureties in a property bon& shall be as follo(s* (a) 4ach %ust be a resi&ent o(ner of real estate (ithin the Philippines5 (b) 6here there is only one surety# his real estate %ust be (orth at least the a%ount of the un&ertakin'5 (c) !f there are t(o or %ore sureties# each %ay /ustify in an a%ount less than that e.presse& in the un&ertakin' but the a''re'ate of the /ustifie& su%s %ust be e<uivalent to the (hole a%ount of bail &e%an&e&. !n all cases# every surety %ust be (orth the a%ount specifie& in his o(n un&ertakin' over an& above all /ust &ebts# obli'ations an& properties e.e%pt fro% e.ecution. (-2a) Se*t)o% 1-+ *ustifi&ation of sureties. � 4very surety shall /ustify by affi&avit taken before the /u&'e that he possesses the <ualifications prescribe& in the prece&in' section. ;e shall &escribe the property 'iven as security# statin' the nature of his title# its encu%brances# the nu%ber an& a%ount of other bails entere& into by hi% an& still un&ischar'e&# an& his other liabilities. +he court %ay e.a%ine the sureties upon oath concernin' their sufficiency in such %anner as it %ay &ee% proper. ?o bail shall be approve& unless the surety is <ualifie&. (-2a) Se*t)o% 1.+ 1eposit of &ash as 'ail. � +he accuse& or any person actin' in his behalf %ay &eposit in cash (ith the nearest collector or internal revenue or provincial# city# or %unicipal treasurer the

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a%ount of bail fi.e& by the court# or reco%%en&e& by the prosecutor (ho investi'ate& or file& the case. :pon sub%ission of a proper certificate of &eposit an& a (ritten un&ertakin' sho(in' co%pliance (ith the re<uire%ents of section 2 of this ,ule# the accuse& shall be &ischar'e& fro% custo&y. +he %oney &eposite& shall be consi&ere& as bail an& applie& to the pay%ent of fine an& costs (hile the e.cess# if any# shall be returne& to the accuse& or to (hoever %a&e the &eposit. (-1a) Se*t)o% 1/+ Re&ogni9an&e. � 6henever allo(e& by la( or these ,ules# the court %ay release a person in custo&y to his o(n reco'ni0ance or that of a responsible person. (-5a) Se*t)o% 10+ Bail# %hen not re:uired5 redu&ed 'ail or re&ogni9an&e. � ?o bail shall be re<uire& (hen the la( or these ,ules so provi&e. 6hen a person has been in custo&y for a perio& e<ual to or %ore than the possible %a.i%u% i%prison%ent prescribe for the offense char'e&# he shall be release& i%%e&iately# (ithout pre/u&ice to the continuation of the trial or the procee&in's on appeal. !f the %a.i%u% penalty to (hich the accuse& %ay be sentence& is destierro# he shall be release& after thirty (20) &ays of preventive i%prison%ent. A person in custo&y for a perio& e<ual to or %ore than the %ini%u% of the principal penalty prescribe& for the offense char'e&# (ithout application of the !n&eter%inate $entence Fa( or any %o&ifyin' circu%stance# shall be release& on a re&uce& bail or on his o(n reco'ni0ance# at the &iscretion of the court. (-3a) Se*t)o% 17+ Bail# %here filed. � (a) )ail in the a%ount fi.e& %ay be file& (ith the court (here the case is pen&in'# or in the absence or unavailability of the /u&'e thereof# (ith any re'ional trial /u&'e# %etropolitan trial /u&'e# %unicipal trial /u&'e# or %unicipal circuit trial /u&'e in the province# city# or %unicipality. !f the accuse& is arreste& in a province# city# or %unicipality other than (here the case is pen&in'# bail %ay also be file& (ith any re'ional trial court of sai& place# or if no /u&'e thereof is available# (ith any %etropolitan trial /u&'e# %unicipal trial /u&'e# or %unicipal circuit trial /u&'e therein. (b) 6here the 'rant of bail is a %atter of &iscretion# or the accuse& seeks to be release& on reco'ni0ance# the application %ay only be file& in the court (here the case is pen&in'# (hether on preli%inary investi'ation# trial# or on appeal. (c) Any person in custo&y (ho is not yet char'e& in court %ay apply for bail (ith any court in the province# city# or %unicipality (here he is hel&. (-=a) Se*t)o% 13+ Noti&e of appli&ation to prose&utor. � !n the application for bail un&er section 8 of this ,ule# the court %ust 'ive reasonable notice of the hearin' to the prosecutor or re<uire hi% to sub%it his reco%%en&ation. (-8a) Se*t)o% 19+ Release on 'ail. � +he accuse& %ust be &ischar'e& upon approval of the bail by the /u&'e (ith (ho% it (as file& in accor&ance (ith section -= of this ,ule. 6henever bail is file& (ith a court other than (here the case is pen&in'# the /u&'e (ho accepte& the bail shall for(ar& it# to'ether (ith the or&er of release an& other supportin' papers# to the court (here the case is pen&in'# (hich %ay# for 'oo& reason# re<uire a &ifferent one to be file&. (->a) Se*t)o% ,4+ $n&rease or redu&tion of 'ail. � After the accuse& is a&%itte& to bail# the court %ay# upon 'oo& cause# either increase or re&uce its a%ount. 6hen increase&# the accuse& %ay be co%%itte& to custo&y if he &oes not 'ive bail in the increase& a%ount (ithin a reasonable perio&. An accuse& hel& to ans(er a cri%inal char'e# (ho is release& (ithout bail upon filin' of the co%plaint or infor%ation# %ay# at any subse<uent sta'e of the procee&in's an& (henever a stron' sho(in' of 'uilt

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appears to the court# be re<uire& to 'ive bail in the a%ount fi.e&# or in lieu thereof# co%%itte& to custo&y. (20a) Se*t)o% ,1+ 8orfeiture of 'ond. � 6hen the presence of the accuse& is re<uire& by the court or these ,ules# his bon&s%en shall be notifie& to pro&uce hi% before the court on a 'iven &ate an& ti%e. !f the accuse& fails to appear in person as re<uire&# his bail shall be &eclare& forfeite& an& the bon&s%en 'iven thirty (20) &ays (ithin (hich to pro&uce their principal an& to sho( cause (hy no /u&'%ent shoul& be ren&ere& a'ainst the% for the a%ount of their bail. 6ithin the sai& perio&# the bon&s%en %ust* (a) pro&uce the bo&y of their principal or 'ive the reason for his non9pro&uction5 an& (b) e.plain (hy the accuse& &i& not appear before the court (hen first re<uire& to &o so. @ailin' in these t(o re<uisites# a /u&'%ent shall be ren&ere& a'ainst the bon&s%en# /ointly an& severally# for the a%ount of the bail. +he court shall not re&uce or other(ise %iti'ate the liability of the bon&s%en# unless the accuse& has been surren&ere& or is ac<uitte&. (2-a) Se*t)o% ,,+ Can&ellation of 'ail. � :pon application of the bon&s%en# (ith &ue notice to the prosecutor# the bail %ay be cancelle& upon surren&er of the accuse& or proof of his &eath. +he bail shall be &ee%e& auto%atically cancelle& upon ac<uittal of the accuse&# &is%issal of the case# or e.ecution of the /u&'%ent of conviction. !n all instances# the cancellation shall be (ithout pre/u&ice to any liability on the bon&. (22a) Se*t)o% ,-+ Arrest of a&&used out on 'ail. � @or the purpose of surren&erin' the accuse&# the bon&s%en %ay arrest hi% or# upon (ritten authority en&orse& on a certifie& copy of the un&ertakin'# cause hi% to be arreste& by a police officer or any other person of suitable a'e an& &iscretion. An accuse& release& on bail %ay be re9arreste& (ithout the necessity of a (arrant if he atte%pts to &epart fro% the Philippines (ithout per%ission of the court (here the case is pen&in'. (22a) Se*t)o% ,.+ No 'ail after final +udgment5 e2&eption. � ?o bail shall be allo(e& after the /u&'%ent of conviction has beco%e final. !f before such finality# the accuse& has applies for probation# he %ay be allo(e& te%porary liberty un&er his bail. 6hen no bail (as file& or the accuse& is incapable of filin' one# the court %ay allo( his release on reco'ni0ance to the custo&y of a responsible %e%ber of the co%%unity. !n no case shall bail be allo(e& after the accuse& has co%%ence& to serve sentence. (21a) Se*t)o% ,/+ Court super(ision of detainees. � +he court shall e.ercise supervision over all persons in custo&y for the purpose of eli%inatin' unnecessary &etention. +he e.ecutive /u&'es of the ,e'ional +rial "ourts shall con&uct %onthly personal inspections of provincial# city# an& %unicipal /ails an& their prisoners (ithin their respective /uris&ictions. +hey shall ascertain the nu%ber of &etainees# in<uire on their proper acco%%o&ation an& health an& e.a%ine the con&ition of the /ail facilities. +hey shall or&er the se're'ation of se.es an& of %inors fro% a&ults# ensure the observance of the ri'ht of &etainees to confer privately (ith counsel# an& strive to eli%inate con&itions ini%ical to the &etainees. !n cities an& %unicipalities to be specifie& by the $upre%e "ourt# the %unicipal trial /u&'es or %unicipal circuit trial /u&'es shall con&uct %onthly personal inspections of the %unicipal /ails in their respective %unicipalities an& sub%it a report to the e.ecutive /u&'e of the ,e'ional +rial "ourt havin' /uris&iction therein.

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A %onthly report of such visitation shall be sub%itte& by the e.ecutive /u&'es to the "ourt A&%inistrator (hich shall state the total nu%ber of &etainees# the na%es of those hel& for %ore than thirty (20) &ays# the &uration of &etention# the cri%e char'e&# the status of the case# the cause for &etention# an& other pertinent infor%ation. (25a) Se*t)o% ,0+ Bail not a 'ar to o'+e&tions on illegal arrest# la&/ of or irregular preliminary in(estigation. � An application for or a&%ission to bail shall not bar the accuse& fro% challen'in' the vali&ity of his arrest or the le'ality of the (arrant issue& therefor# or fro% assailin' the re'ularity or <uestionin' the absence of a preli%inary investi'ation of the char'e a'ainst hi%# provi&e& that he raises the% before enterin' his plea. +he court shall resolve the %atter as early as practicable but not later than the start of the trial of the case. (n)

RULE 11/ R)6hts of A**use1 Se*t)o% 1+ Rights of a&&used at the trial. � !n all cri%inal prosecutions# the accuse& shall be entitle& to the follo(in' ri'hts* (a) +o be presu%e& innocent until the contrary is prove& beyon& reasonable &oubt. (b) +o be infor%e& of the nature an& cause of the accusation a'ainst hi%. (c) +o be present an& &efen& in person an& by counsel at every sta'e of the procee&in's# fro% arrai'n%ent to pro%ul'ation of the /u&'%ent. +he accuse& %ay# ho(ever# (aive his presence at the trial pursuant to the stipulations set forth in his bail# unless his presence is specifically or&ere& by the court for purposes of i&entification. +he absence of the accuse& (ithout /ustifiable cause at the trial of (hich he ha& notice shall be consi&ere& a (aiver of his ri'ht to be present thereat. 6hen an accuse& un&er custo&y escapes# he shall be &ee%e& to have (aive& his ri'ht to be present on all subse<uent trial &ates until custo&y over hi% is re'aine&. :pon %otion# the accuse& %ay be allo(e& to &efen& hi%self in person (hen it sufficiently appears to the court that he can properly protect his ri'ht (ithout the assistance of counsel. (&) +o testify as a (itness in his o(n behalf but sub/ect to cross9e.a%ination on %atters covere& by &irect e.a%ination. ;is silence shall not in any %anner pre/u&ice hi%. (e) +o be e.e%pt fro% bein' co%pelle& to be a (itness a'ainst hi%self. (f) +o confront an& cross9e.a%ine the (itnesses a'ainst hi% at the trial. 4ither party %ay utili0e as part of its evi&ence the testi%ony of a (itness (ho is &ecease&# out of or can not (ith &ue &ili'ence be foun& in the Philippines# unavailable or other(ise unable to testify# 'iven in another case or procee&in'# /u&icial or a&%inistrative# involvin' the sa%e parties an& sub/ect %atter# the a&verse party havin' the opportunity to cross9e.a%ine hi%. (') +o have co%pulsory process issue& to secure the atten&ance of (itnesses an& pro&uction of other evi&ence in his behalf. (h) +o have spee&y# i%partial an& public trial. (i) +o appeal in all cases allo(e& an& in the %anner prescribe& by la(. (-a)

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RULE 110 Arr&)6%5e%t &%1 P'e& Se*t)o% 1+ Arraignment and plea5 ho% made. � (a) +he accuse& %ust be arrai'ne& before the court (here the co%plaint or infor%ation (as file& or assi'ne& for trial. +he arrai'n%ent shall be %a&e in open court by the /u&'e or clerk by furnishin' the accuse& (ith a copy of the co%plaint or infor%ation# rea&in' the sa%e in the lan'ua'e or &ialect kno(n to hi%# an& askin' hi% (hether he plea&s 'uilty or not 'uilty. +he prosecution %ay call at the trial (itnesses other than those na%e& in the co%plaint or infor%ation. (b) +he accuse& %ust be present at the arrai'n%ent an& %ust personally enter his plea. )oth arrai'n%ent an& plea shall be %a&e of recor&# but failure to &o so shall not affect the vali&ity of the procee&in's. (c) 6hen the accuse& refuses to plea& or %akes a con&itional plea# a plea of not 'uilty shall be entere& for hi%. (-a) (&) 6hen the accuse& plea&s 'uilty but presents e.culpatory evi&ence# his plea shall be &ee%e& (ith&ra(n an& a plea of not 'uilty shall be entere& for hi%. (n) (e) 6hen the accuse& is un&er preventive &etention# his case shall be raffle& an& its recor&s trans%itte& to the /u&'e to (ho% the case (as raffle& (ithin three (2) &ays fro% the filin' of the infor%ation or co%plaint. +he accuse& shall be arrai'ne& (ithin ten (-0) &ays fro% the &ate of the raffle. +he pre9trial conference of his case shall be hel& (ithin ten (-0) &ays after arrai'n%ent. (n) (f) +he private offen&e& party shall be re<uire& to appear at the arrai'n%ent for purposes of plea bar'ainin'# &eter%ination of civil liability# an& other %atters re<uirin' his presence. !n case of failure of the offen&e& party to appear &espite &ue notice# the court %ay allo( the accuse& to enter a plea of 'uilty to a lesser offense (hich is necessarily inclu&e& in the offense char'e& (ith the confor%ity of the trial prosecutor alone. (cir. -98>) (') :nless a shorter perio& is provi&e& by special la( or $upre%e "ourt circular# the arrai'n%ent shall be hel& (ithin thirty (20) &ays fro% the &ate the court ac<uires /uris&iction over the person of the accuse&. +he ti%e of the pen&ency of a %otion to <uash or for a bill of particulars or other causes /ustifyin' suspension of the arrai'n%ent shall be e.clu&e& in co%putin' the perio&. (sec. 2# cir. 289>8) Se*t)o% ,+ Plea of guilty to a lesser offense. � At arrai'n%ent# the accuse&# (ith the consent of the offen&e& party an& the prosecutor# %ay be allo(e& by the trial court to plea& 'uilty to a lesser offense (hich is necessarily inclu&e& in the offense char'e&. After arrai'n%ent but before trial# the accuse& %ay still be allo(e& to plea& 'uilty to sai& lesser offense after (ith&ra(in' his plea of not 'uilty. ?o a%en&%ent of the co%plaint or infor%ation is necessary. (sec. 1# circ. 289>8) Se*t)o% -+ Plea of guilty to &apital offense5 re&eption of e(iden&e. � 6hen the accuse& plea&s 'uilty to a capital offense# the court shall con&uct a searchin' in<uiry into the voluntariness an& full co%prehension of the conse<uences of his plea an& re<uire the prosecution to prove his 'uilt an& the precise &e'ree of culpability. +he accuse& %ay present evi&ence in his behalf. (2a)

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Se*t)o% .+ Plea of guilty to non-&apital offense5 re&eption of e(iden&e# dis&retionary. � 6hen the accuse& plea&s 'uilty to a non9capital offense# the court %ay receive evi&ence fro% the parties to &eter%ine the penalty to be i%pose&. (1) Se*t)o% /+ ,ithdra%al of impro(ident plea of guilty. � At any ti%e before the /u&'%ent of conviction beco%es final# the court %ay per%it an i%provi&ent plea of 'uilty to be (ith&ra(n an& be substitute& by a plea of not 'uilty. (5) Se*t)o% 0+ 1uty of &ourt to inform a&&used of his right to &ounsel . � )efore arrai'n%ent# the court shall infor% the accuse& of his ri'ht to counsel an& ask hi% if he &esires to have one. :nless the accuse& is allo(e& to &efen& hi%self in person or has e%ploye& a counsel of his choice# the court %ust assi'n a counsel de ofi&io to &efen& hi%. (3a) Se*t)o% 7+ Appointment of &ounsel de ofi&io. � +he court# consi&erin' the 'ravity of the offense an& the &ifficulty of the <uestions that %ay arise# shall appoint as counsel de ofi&io only such %e%bers of the bar in 'oo& stan&in' (ho# by reason of their e.perience an& ability# can co%petently &efen& the accuse&. )ut in localities (here such %e%bers of the bar are not available# the court %ay appoint any person# resi&ent of the province an& of 'oo& repute for probity an& ability# to &efen& the accuse&. (=a) Se*t)o% 3+ #ime for &ounsel de ofi&io to prepare for arraignment . � 6henever a counsel de ofi&io is appointe& by the court to &efen& the accuse& at the arrai'n%ent# he shall be 'iven a reasonable ti%e to consult (ith the accuse& as to his plea before procee&in' (ith the arrai'n%ent. (8) Se*t)o% 9+ Bill of parti&ulars. � +he accuse& %ay# before arrai'n%ent# %ove for a bill of particulars to enable hi% properly to plea& an& to prepare for trial. +he %otion shall specify the alle'e& &efects of the co%plaint or infor%ation an& the &etails &esire&. (-0a) Se*t)o% 14+ Produ&tion or inspe&tion of material e(iden&e in possession of prose&ution. � :pon %otion of the accuse& sho(in' 'oo& cause an& (ith notice to the parties# the court# in or&er to prevent surprise# suppression# or alteration# %ay or&er the prosecution to pro&uce an& per%it the inspection an& copyin' or photo'raphin' of any (ritten state%ent 'iven by the co%plainant an& other (itnesses in any investi'ation of the offense con&ucte& by the prosecution or other investi'atin' officers# as (ell as any &esi'nate& &ocu%ents# papers# books# accounts# letters# photo'raphs# ob/ects or tan'ible thin's not other(ise privile'e&# (hich constitute or contain evi&ence %aterial to any %atter involve& in the case an& (hich are in the possession or un&er the control of the prosecution# police# or other la( investi'atin' a'encies. (--a) Se*t)o% 11+ Suspension of arraignment. � :pon %otion by the proper party# the arrai'n%ent shall be suspen&e& in the follo(in' cases* (a) +he accuse& appears to be sufferin' fro% an unsoun& %ental con&ition (hich effective ren&ers hi% unable to fully un&erstan& the char'e a'ainst hi% an& to plea& intelli'ently thereto. !n such case# the court shall or&er his %ental e.a%ination an&# if necessary# his confine%ent for such purpose5 (b) +here e.ists a pre/u&icial <uestion5 an& (c) A petition for revie( of the resolution of the prosecutor is pen&in' at either the Eepart%ent of Justice# or the 7ffice of the Presi&ent5 pro(ided# that the perio& of suspension shall not e.cee& si.ty (30) &ays counte& fro% the filin' of the petition (ith the revie(in' office. (-2a)

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RULE 117 Mot)o% to ?u&sh Se*t)o% 1+ #ime to mo(e to :uash. � At any ti%e before enterin' his plea# the accuse& %ay %ove to <uash the co%plaint or infor%ation. (-) Se*t)o% ,+ 8orm and &ontents. � +he %otion to <uash shall be in (ritin'# si'ne& by the accuse& or his counsel an& shall &istinctly specify its factual an& le'al 'roun&s. +he court shall consi&er no 'roun& other than those state& in the %otion# e.cept lack of /uris&iction over the offense char'e&. (2a) Se*t)o% -+ 3rounds. � +he accuse& %ay %ove to <uash the co%plaint or infor%ation on any of the follo(in' 'roun&s* (a) +hat the facts char'e& &o not constitute an offense5 (b) +hat the court tryin' the case has no /uris&iction over the offense char'e&5 (c) +hat the court tryin' the case has no /uris&iction over the person of the accuse&5 (&) +hat the officer (ho file& the infor%ation ha& no authority to &o so5 (e) +hat it &oes not confor% substantially to the prescribe& for%5 (f) +hat %ore than one offense is char'e& e.cept (hen a sin'le punish%ent for various offenses is prescribe& by la(5 (') +hat the cri%inal action or liability has been e.tin'uishe&5 (h) +hat it contains aver%ents (hich# if true# (oul& constitute a le'al e.cuse or /ustification5 an& (i) +hat the accuse& has been previously convicte& or ac<uitte& of the offense char'e&# or the case a'ainst hi% (as &is%isse& or other(ise ter%inate& (ithout his e.press consent. (2a) Se*t)o% .+ Amendment of the &omplaint or information. � !f the %otion to <uash is base& on an alle'e& &efect of the co%plaint or infor%ation (hich can be cure& by a%en&%ent# the court shall or&er that an a%en&%ent be %a&e. (1a) !f it is base& on the 'roun& that the facts char'e& &o not constitute an offense# the prosecution shall be 'iven by the court an opportunity to correct the &efect by a%en&%ent. +he %otion shall be 'rante& if the prosecution fails to %ake the a%en&%ent# or the co%plaint or infor%ation still suffers fro% the sa%e &efect &espite the a%en&%ent. (n) Se*t)o% /+ 0ffe&t of sustaining the motion to :uash. � !f the %otion to <uash is sustaine&# the court %ay or&er that another co%plaint or infor%ation be file& e.cept as provi&e& in section 3 of this rule. !f the or&er is %a&e# the accuse&# if in custo&y# shall not be &ischar'e& unless a&%itte& to bail. !f no or&er is %a&e or if havin' been %a&e# no ne( infor%ation is file& (ithin the ti%e specifie& in the or&er or (ithin such further ti%e as the court %ay allo( for 'oo& cause# the accuse&# if in custo&y# shall be &ischar'e& unless he is also in custo&y for another char'e. (5a)

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Se*t)o% 0+ )rder sustaining the motion to :uash not a 'ar to another prose&ution 5 e2&eption. � An or&er sustainin' the %otion to <uash is not a bar to another prosecution for the sa%e offense unless the %otion (as base& on the 'roun&s specifie& in section 2 (') an& (i) of this ,ule. (3a) Se*t)o% 7+ 8ormer &on(i&tion or a&:uittal5 dou'le +eopardy. � 6hen an accuse& has been convicte& or ac<uitte&# or the case a'ainst hi% &is%isse& or other(ise ter%inate& (ithout his e.press consent by a court of co%petent /uris&iction# upon a vali& co%plaint or infor%ation or other for%al char'e sufficient in for% an& substance to sustain a conviction an& after the accuse& ha& plea&e& to the char'e# the conviction or ac<uittal of the accuse& or the &is%issal of the case shall be a bar to another prosecution for the offense char'e&# or for any atte%pt to co%%it the sa%e or frustration thereof# or for any offense (hich necessarily inclu&es or is necessarily inclu&e& in the offense char'e& in the for%er co%plaint or infor%ation. ;o(ever# the conviction of the accuse& shall not be a bar to another prosecution for an offense (hich necessarily inclu&es the offense char'e& in the for%er co%plaint or infor%ation un&er any of the follo(in' instances* (a) the 'raver offense &evelope& &ue to supervenin' facts arisin' fro% the sa%e act or o%ission constitutin' the for%er char'e5 (b) the facts constitutin' the 'raver char'e beca%e kno(n or (ere &iscovere& only after a plea (as entere& in the for%er co%plaint or infor%ation5 or (c) the plea of 'uilty to the lesser offense (as %a&e (ithout the consent of the prosecutor an& of the offen&e& party e.cept as provi&e& in section - (f) of ,ule --3. !n any of the fore'oin' cases# (here the accuse& satisfies or serves in (hole or in part the /u&'%ent# he shall be cre&ite& (ith the sa%e in the event of conviction for the 'raver offense. (=a) Se*t)o% 3+ Pro(isional dismissal. � A case shall not be provisionally &is%isse& e.cept (ith the e.press consent of the accuse& an& (ith notice to the offen&e& party. +he provisional &is%issal of offenses punishable by i%prison%ent not e.cee&in' si. (3) years or a fine of any a%ount# or both# shall beco%e per%anent one (-) year after issuance of the or&er (ithout the case havin' been revive&. 6ith respect to offenses punishable by i%prison%ent of %ore than si. (3) years# their provisional &is%issal shall beco%e per%anent t(o (2) years after issuance of the or&er (ithout the case havin' been revive&. (n) Se*t)o% 9+ 8ailure to mo(e to :uash or to allege any ground therefor . � +he failure of the accuse& to assert any 'roun& of a %otion to <uash before he plea&s to the co%plaint or infor%ation# either because he &i& not file a %otion to <uash or faile& to alle'e the sa%e in sai& %otion# shall be &ee%e& a (aiver of any ob/ections base& on the 'roun&s provi&e& for in para'raphs (a)# (b)# (')# an& (i) of section 2 of this ,ule. (8)

RULE 113 Pre Tr)&' Se*t)o% 1+ Pre-trial5 mandatory in &riminal &ases. � !n all cri%inal cases co'ni0able by the $an&i'anbayan# ,e'ional +rial "ourt# Metropolitan +rial "ourt# Municipal +rial "ourt in "ities# Municipal +rial "ourt an& Municipal "ircuit +rial "ourt# the court shall after arrai'n%ent an& (ithin thirty (20) &ays fro% the &ate the court ac<uires /uris&iction over the person of the accuse&# unless a

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shorter perio& is provi&e& for in special la(s or circulars of the $upre%e "ourt# or&er a pre9trial conference to consi&er the follo(in'* (a) plea bar'ainin'5 (b) stipulation of facts5 (c) %arkin' for i&entification of evi&ence of the parties5 (&) (aiver of ob/ections to a&%issibility of evi&ence5 (e) %o&ification of the or&er of trial if the accuse& a&%its the char'e but interposes a la(ful &efense5 an& (f) such other %atters as (ill pro%ote a fair an& e.pe&itious trial of the cri%inal an& civil aspects of the case. (secs. 2 an& 2# cir. 289>8) Se*t)o% ,+ Pre-trial agreement. � All a'ree%ents or a&%issions %a&e or entere& &urin' the pre9 trial conference shall be re&uce& in (ritin' an& si'ne& by the accuse& an& counsel# other(ise# they cannot be use& a'ainst the accuse&. +he a'ree%ents coverin' the %atters referre& to in section - of this ,ule shall be approve& by the court. (sec. 1# cir. 289>8) Se*t)o% -+ Non-appearan&e at pre-trial &onferen&e. � !f the counsel for the accuse& or the prosecutor &oes not appear at the pre9trial conference an& &oes not offer an acceptable e.cuse for his lack of cooperation# the court %ay i%pose proper sanctions or penalties. (se. 5# cir. 289>8) Se*t)o% .+ Pre-trial order. � After the pre9trial conference# the court shall issue an or&er recitin' the actions taken# the facts stipulate&# an& evi&ence %arke&. $uch or&er shall bin& the parties# li%it the trial to %atters not &ispose& of# an& control the course of the action &urin' the trial# unless %o&ifie& by the court to prevent %anifest in/ustice. (2)

RULE 119 Tr)&' Se*t)o% 1+ #ime to prepare for trial. � After a plea of not 'uilty is entere&# the accuse& shall have at least fifteen (-5) &ays to prepare for trial. +he trial shall co%%ence (ithin thirty (20) &ays fro% receipt of the pre9trial or&er. (sec. 3# cir. 289>8) Se*t)o% ,+ Continuous trial until terminated5 postponements. � +rial once co%%ence& shall continue fro% &ay to &ay as far as practicable until ter%inate&. !t %ay be postpone& for a reasonable perio& of ti%e for 'oo& cause. (2a) +he court shall# after consultation (ith the prosecutor an& &efense counsel# set the case for continuous trial on a (eekly or other short9ter% trial calen&ar at the earliest possible ti%e so as to ensure spee&y trial. !n no case shall the entire trial perio& e.cee& one hun&re& ei'hty (-80) &ays fro% the first &ay of trial# e.cept as other(ise authori0e& by the $upre%e "ourt. (sec. 8# cir. 289>8). +he ti%e li%itations provi&e& un&er this section an& the prece&in' section shall not apply (here special la(s or circulars of the $upre%e "ourt provi&e for a shorter perio& of trial. (n)

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Se*t)o% -+ 02&lusions. � +he follo(in' perio&s of &elay shall be e.clu&e& in co%putin' the ti%e (ithin (hich trial %ust co%%ence* (a) Any perio& of &elay resultin' fro% other procee&in's concernin' the accuse&# inclu&in' but not li%ite& to the follo(in'* (-) Eelay resultin' fro% an e.a%ination of the physical an& %ental con&ition of the accuse&5 (2) Eelay resultin' fro% procee&in's (ith respect to other cri%inal char'es a'ainst the accuse&5 (2) Eelay resultin' fro% e.traor&inary re%e&ies a'ainst interlocutory or&ers5 (1) Eelay resultin' fro% pre9trial procee&in's5 provi&e&# that the &elay &oes not e.cee& thirty (20) &ays5 (5) Eelay resultin' fro% or&ers of inhibition# or procee&in's relatin' to chan'e of venue of cases or transfer fro% other courts5 (3) Eelay resultin' fro% a fin&in' of the e.istence of a pre/u&icial <uestion5 an& (=) Eelay reasonably attributable to any perio&# not e.cee& thirty (20) &ays# &urin' (hich any procee&in' (hich any procee&in' concernin' the accuse& is actually un&er a&vise%ent. (b) Any perio& of &elay resultin' fro% the absence or unavailability of an essential (itness. @or purposes of this subpara'raph# an essential (itness shall be consi&ere& absent (hen his (hereabouts are unkno(n or his (hereabouts cannot be &eter%ine& by &ue &ili'ence. ;e shall be consi&ere& unavailable (henever his (hereabouts are kno(n but his presence for trial cannot be obtaine& by &ue &ili'ence. (c) Any perio& of &elay resultin' fro% the %ental inco%petence or physical inability of the accuse& to stan& trial. (&) !f the infor%ation is &is%isse& upon %otion of the prosecution an& thereafter a char'e is file& a'ainst the accuse& for the sa%e offense# any perio& of &elay fro% the &ate the char'e (as &is%isse& to the &ate the ti%e li%itation (oul& co%%ence to run as to the subse<uent char'e ha& there been no previous char'e. (e) A reasonable perio& of &elay (hen the accuse& is /oine& for trial (ith a co9accuse& over (ho% the court has not ac<uire& /uris&iction# or# as to (ho% the ti%e for trial has not run an& no %otion for separate trial has been 'rante&. (f) Any perio& of &elay resultin' fro% a continuance 'rante& by any court motu proprio# or on %otion of either the accuse& or his counsel# or the prosecution# if the court 'rante& the continuance on the basis of its fin&in's set forth in the or&er that the en&s of /ustice serve& by takin' such action out(ei'h the best interest of the public an& the accuse& in a spee&y trial. (sec. ># cir. 289>8) Se*t)o% .+ 8a&tors for granting &ontinuan&e. � +he follo(in' factors# a%on' others# shall be consi&ere& by a court in &eter%inin' (hether to 'rant a continuance un&er section 2(f) of this ,ule. (a) 6hether or not the failure to 'rant a continuance in the procee&in' (oul& likely %ake a continuation of such procee&in' i%possible or result in a %iscarria'e of /ustice5 an&

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(b) 6hether or not the case taken as a (hole is so novel# unusual an& co%ple.# &ue to the nu%ber of accuse& or the nature of the prosecution# or that it is unreasonable to e.pect a&e<uate preparation (ithin the perio&s of ti%e establishe& therein. !n a&&ition# no continuance un&er section 2(f) of this ,ule shall be 'rante& because of con'estion of the courtDs calen&ar or lack of &ili'ent preparation or failure to obtain available (itnesses on the part of the prosecutor. (sec. -0# cir. 289>8) Se*t)o% /+ #ime limit follo%ing an order for ne% trial. � !f the accuse& is to be trie& a'ain pursuant to an or&er for a ne( trial# the trial shall co%%ence (ithin thirty (20) &ays fro% notice of the or&er# provi&e& that if the perio& beco%es i%practical &ue to unavailability of (itnesses an& other factors# the court %ay e.ten& it but not to e.cee& one hun&re& ei'hty (-80) &ays fro% notice of sai& or&er for a ne( trial. (sec. --# cir. 289>8) Se*t)o% 0+ 02tended time limit. � ?ot(ithstan&in' the provisions of section -(')# ,ule --3 an& the prece&in' section -# for the first t(elve9calen&ar9%onth perio& follo(in' its effectivity on $epte%ber -5# ->>8# the ti%e li%it (ith respect to the perio& fro% arrai'n%ent to trial i%pose& by sai& provision shall be one hun&re& ei'hty (-80) &ays. @or the secon& t(elve9%onth perio&# the li%it shall be one hun&re& t(enty (-20) &ays# an& for the thir& t(elve9%onth perio&# the ti%e li%it shall be ei'hty (80) &ays. (sec. =# cir. 289>8) Se*t)o% 7+ Pu'li& attorneyDs duties %here a&&used is imprisoned. � !f the public attorney assi'ne& to &efen& a person char'e& (ith a cri%e kno(s that the latter is preventively &etaine&# either because he is char'e& (ith a bailable cri%e but has no %eans to post bail# or# is char'e& (ith a non9bailable cri%e# or# is servin' a ter% of i%prison%ent in any penal institution# it shall be his &uty to &o the follo(in'* (a) $hall pro%ptly un&ertake to obtain the presence of the prisoner for trial or cause a notice to be serve& on the person havin' custo&y of the prisoner re<uirin' such person to so a&vise the prisoner of his ri'ht to &e%an& trial. (b) :pon receipt of that notice# the custo&ian of the prisoner shall pro%ptly a&vise the prisoner of the char'e an& of his ri'ht to &e%an& trial. !f at anyti%e thereafter the prisoner infor%s his custo&ian that he &e%an&s such trial# the latter shall cause notice to that effect to sent pro%ptly to the public attorney. (c) :pon receipt of such notice# the public attorney shall pro%ptly seek to obtain the presence of the prisoner for trial. (&) 6hen the custo&ian of the prisoner receives fro% the public attorney a properly supporte& re<uest for the availability of the prisoner for purposes of trial# the prisoner shall be %a&e available accor&in'ly. (sec. -2# cir. 289>8) Se*t)o% 3+ San&tions. � !n any case in (hich private counsel for the accuse&# the public attorney# or the prosecutor. (a) Hno(in'ly allo(s the case to be set for trial (ithout &isclosin' that a necessary (itness (oul& be unavailable for trial5 (b) @iles a %otion solely for &elay (hich he kno(s is totally frivolous an& (ithout %erit5 (c) Makes a state%ent for the purpose of obtainin' continuance (hich he kno(s to be false an& (hich is %aterial to the 'rantin' of a continuance5 or

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(&) 6illfully fails to procee& to trial (ithout /ustification consistent (ith the provisions hereof# the court %ay punish such counsel# attorney# or prosecution# as follo(s* (-) )y i%posin' on a counsel privately retaine& in connection (ith the &efense of an accuse&# a fine not e.cee&in' t(enty thousan& pesos (P20#000.00)5 (2) )y i%posin' on any appointe& counsel de ofi&io# public attorney# or prosecutor a fine not e.cee&in' five thousan& pesos (P5#000.00)5 an& (2) )y &enyin' any &efense counsel or prosecutor the ri'ht to practice before the court tryin' the case for a perio& not e.cee&in' thirty (20) &ays. +he punish%ent provi&e& for by this section shall be (ithout pre/u&ice to any appropriate cri%inal action or other sanction authori0e& un&er these rules. (sec. -2# cir. 289>8) Se*t)o% 9+ Remedy %here a&&used is not 'rought to trial %ithin the time limit. � !f the accuse& is not brou'ht to trial (ithin the ti%e li%it re<uire& by $ection -(')# ,ule --3 an& $ection -# as e.ten&e& by $ection 3 of this rule# the infor%ation %ay be &is%isse& on %otion of the accuse& on the 'roun& of &enial of his ri'ht of spee&y trial. +he accuse& shall have the bur&en of provin' the %otion but the prosecution shall have the bur&en of 'oin' for(ar& (ith the evi&ence to establish the e.clusion of ti%e un&er section 2 of this rule. +he &is%issal shall be sub/ect to the rules on &ouble /eopar&y. @ailure of the accuse& to %ove for &is%issal prior to trial shall constitute a (aiver of the ri'ht to &is%iss un&er this section. (sec. -1# cir. 289>8) Se*t)o% 14+ ;a% on speedy trial not a 'ar to pro(ision on speedy trial in the Constitution . � ?o provision of la( on spee&y trial an& no rule i%ple%entin' the sa%e shall be interprete& as a bar to any char'e of &enial of the ri'ht to spee&y trial 'uarantee& by section -1(2)# article !!!# of the ->8= "onstitution. (sec. -5# cir. 289>8) Se*t)o% 11+ )rder of trial. � +he trial shall procee& in the follo(in' or&er* (a) +he prosecution shall present evi&ence to prove the char'e an&# in the proper case# the civil liability. (b) +he accuse& %ay present evi&ence to prove his &efense# an& &a%a'es# if any# arisin' fro% the issuance of a provisional re%e&y in the case. (c) +he prosecution an& the &efense %ay# in that or&er# present rebuttal an& sur9rebuttal evi&ence unless the court# in furtherance of /ustice# per%its the% to present a&&itional evi&ence bearin' upon the %ain issue. (&) :pon a&%ission of the evi&ence of the parties# the case shall be &ee%e& sub%itte& for &ecision unless the court &irects the% to ar'ue orally or to sub%it (ritten %e%oran&a. (e) 6hen the accuse& a&%its the act or o%ission char'e& in the co%plaint or infor%ation but interposes a la(ful &efense# the or&er of trial %ay be %o&ifie&. (2a) Se*t)o% 1,+ Appli&ation for e2amination of %itness for a&&used 'efore trial. � 6hen the accuse& has been hel& to ans(er for an offense# he %ay# upon %otion (ith notice to the other parties# have (itnesses con&itionally e.a%ine& in his behalf. +he %otion shall state* (a) the na%e an& resi&ence of the (itness5 (b) the substance of his testi%ony5 an& (c) that the (itness is sick or infir% as to affor& reasonable 'roun& for believin' that he (ill not be able to atten& the trial# or resi&es %ore than one hun&re& (-00) kilo%eters fro% the place of trial an& has no %eans to atten& the sa%e# or that other si%ilar circu%stances e.ist that (oul& %ake hi% unavailable or prevent hi% fro% atten&in' the trial.

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+he %otion shall be supporte& by an affi&avit of the accuse& an& such other evi&ence as the court %ay re<uire. (1a) Se*t)o% 1-+ 02amination of defense %itness5 ho% made. � !f the court is satisfie& that the e.a%ination of a (itness for the accuse& is necessary# an or&er (ill be %a&e &irectin' that the (itness be e.a%ine& at a specifie& &ate# ti%e an& place an& that a copy of the or&er be serve& on the prosecutor at least three (2) &ays before the sche&ule& e.a%ination. +he e.a%ination shall be taken before a /u&'e# or# if not practicable# a %e%ber of the )ar in 'oo& stan&in' so &esi'nate& by the /u&'e in the or&er# or if the or&er be %a&e by a court of superior /uris&iction# before an inferior court to be &esi'nate& therein. +he e.a%ination shall procee& not(ithstan&in' the absence of the prosecutor provi&e& he (as &uly notifie& of the hearin'. A (ritten recor& of the testi%ony shall be taken. (5a) Se*t)o% 1.+ Bail to se&ure appearan&e of material %itness. � 6hen the court is satisfie&# upon proof or oath# that a %aterial (itness (ill not testify (hen re<uire&# it %ay# upon %otion of either party# or&er the (itness to post bail in such su% as %ay be &ee%e& proper. :pon refusal to post bail# the court shall co%%it hi% to prison until he co%plies or is le'ally &ischar'e& after his testi%ony has been taken. (3a) Se*t)o% 1/+ 02amination of %itness for the prose&ution. � 6hen it satisfactorily appears that a (itness for the prosecution is too sick or infir% to appear at the trial as &irecte& by the or&er of the court# or has to leave the Philippines (ith no &efinite &ate of returnin'# he %ay forth(ith be con&itionally e.a%ine& before the court (here the case is pen&in'. $uch e.a%ination# in the presence of the accuse&# or in his absence after reasonable notice to atten& the e.a%ination has been serve& on hi%# shall be con&ucte& in the sa%e %anner as an e.a%ination at the trial. @ailure or refusal of the accuse& to atten& the e.a%ination after notice shall be consi&ere& a (aiver. +he state%ent taken %ay be a&%itte& in behalf of or a'ainst the accuse&. (=a) Se*t)o% 10+ #rial of se(eral a&&used. � 6hen t(o or %ore accuse& are /ointly char'e& (ith any offense# they shall be trie& /ointly unless the court# in its &iscretion an& upon %otion of the prosecutor or any accuse&# or&ers separate trial for one or %ore accuse&. (8a) Se*t)o% 17+ 1is&harge of a&&used to 'e state %itness. � 6hen t(o or %ore persons are /ointly char'e& (ith the co%%ission of any offense# upon %otion of the prosecution before restin' its case# the court %ay &irect one or %ore of the accuse& to be &ischar'e& (ith their consent so that they %ay be (itnesses for the state (hen# after re<uirin' the prosecution to present evi&ence an& the s(orn state%ent of each propose& state (itness at a hearin' in support of the &ischar'e# the court is satisfie& that* (a) +here is absolute necessity for the testi%ony of the accuse& (hose &ischar'e is re<ueste&5 (b) +he is no other &irect evi&ence available for the proper prosecution of the offense co%%itte&# e.cept the testi%ony of sai& accuse&5 (c) +he testi%ony of sai& accuse& can be substantially corroborate& in its %aterial points5 (&) $ai& accuse& &oes not appear to be the %ost 'uilty5 an& (e) $ai& accuse& has not at any ti%e been convicte& of any offense involvin' %oral turpitu&e. 4vi&ence a&&uce& in support of the &ischar'e shall auto%atically for% part of the trial. !f the court &enies the %otion for &ischar'e of the accuse& as state (itness# his s(orn state%ent shall be ina&%issible in evi&ence. (>a)

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Se*t)o% 13+ 1is&harge of a&&used operates as a&:uittal. � +he or&er in&icate& in the prece&in' section shall a%ount to an ac<uittal of the &ischar'e& accuse& an& shall be a bar to future prosecution for the sa%e offense# unless the accuse& fails or refuses to testify a'ainst his co9accuse& in accor&ance (ith his s(orn state%ent constitutin' the basis for the &ischar'e. (-0a) Se*t)o% 19+ ,hen mista/e has 'een made in &harging the proper offense . � 6hen it beco%es %anifest at any ti%e before /u&'%ent that a %istake has been %a&e in char'in' the proper offense an& the accuse& cannot be convicte& of the offense char'e& or any other offense necessarily inclu&e& therein# the accuse& shall not be &ischar'e& if there appears 'oo& cause to &etain hi%. !n such case# the court shall co%%it the accuse& to ans(er for the proper offense an& &is%iss the ori'inal case upon the filin' of the proper infor%ation. (--a) Se*t)o% ,4+ Appointment of a&ting prose&utor. � 6hen a prosecutor# his assistant or &eputy is &is<ualifie& to act &ue to any of the 'roun&s state& in section - of ,ule -2= or for any other reasons# the /u&'e or the prosecutor shall co%%unicate (ith the $ecretary of Justice in or&er that the latter %ay appoint an actin' prosecutor. (-2a) Se*t)o% ,1+ 02&lusion of the pu'li&. � +he /u&'e %ay# motu proprio# e.clu&e the public fro% the courtroo% if the evi&ence to be pro&uce& &urin' the trial is offensive to &ecency or public %orals. ;e %ay also# on %otion of the accuse&# e.clu&e the public fro% the trial# e.cept court personnel an& the counsel of the parties. (-2a) Se*t)o% ,,+ Consolidation of trials of related offenses. � "har'es for offenses foun&e& on the sa%e facts or for%in' part of a series of offenses of si%ilar character %ay be trie& /ointly at the &iscretion of the court. (-1a) Se*t)o% ,-+ 1emurrer to e(iden&e. � After the prosecution rests its case# the court %ay &is%iss the action on the 'roun& of insufficiency of evi&ence (-) on its o(n initiative after 'ivin' the prosecution the opportunity to be hear& or (2) upon &e%urrer to evi&ence file& by the accuse& (ith or (ithout leave of court. !f the court &enies the &e%urrer to evi&ence file& (ith leave of court# the accuse& %ay a&&uce evi&ence in his &efense. 6hen the &e%urrer to evi&ence is file& (ithout leave of court# the accuse& (aives the ri'ht to present evi&ence an& sub%its the case for /u&'%ent on the basis of the evi&ence for the prosecution. (-5a) +he %otion for leave of court to file &e%urrer to evi&ence shall specifically state its 'roun&s an& shall be file& (ithin a non9e.ten&ible perio& of five (5) &ays after the prosecution rests its case. +he prosecution %ay oppose the %otion (ithin a non9e.ten&ible perio& of five (5) &ays fro% its receipt. !f leave of court is 'rante&# the accuse& shall file the &e%urrer to evi&ence (ithin a non9e.ten&ible perio& of ten (-0) &ays fro% notice. +he prosecution %ay oppose the &e%urrer to evi&ence (ithin a si%ilar perio& fro% its receipt. +he or&er &enyin' the %otion for leave of court to file &e%urrer to evi&ence or the &e%urrer itself shall not be revie(able by appeal or by &ertiorari before /u&'%ent. (n) Se*t)o% ,.+ Reopening. � At any ti%e before finality of the /u&'%ent of conviction# the /u&'e %ay# motu proprio or upon %otion# (ith hearin' in either case# reopen the procee&in's to avoi& a %iscarra'e of /ustice. +he procee&in's shall be ter%inate& (ithin thirty (20) &ays fro% the or&er 'ratin' it. (n)

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RULE 1,4 "u165e%t Se*t)o% 1+ *udgment definition and form. � Ju&'%ent is the a&/u&ication by the court that the accuse& is 'uilty or not 'uilty of the offense char'e& an& the i%position on hi% of the proper penalty an& civil liability# if any. !t %ust be (ritten in the official lan'ua'e# personally an& &irectly prepare& by the /u&'e an& si'ne& by hi% an& shall contain clearly an& &istinctly a state%ent of the facts an& the la( upon (hich it is base&. (-a) Se*t)o% ,+ Contents of the +udgment. � !f the /u&'%ent is of conviction# it shall state (-) the le'al <ualification of the offense constitute& by the acts co%%itte& by the accuse& an& the a''ravatin' or %iti'atin' circu%stances (hich atten&e& its co%%ission5 (2) the participation of the accuse& in the offense# (hether as principal# acco%plice# or accessory after the fact5 (2) the penalty i%pose& upon the accuse&5 an& (1) the civil liability or &a%a'es cause& by his (ron'ful act or o%ission to be recovere& fro% the accuse& by the offen&e& party# if there is any# unless the enforce%ent of the civil liability by a separate civil action has been reserve& or (aive&. !n case the /u&'%ent is of ac<uittal# it shall state (hether the evi&ence of the prosecution absolutely faile& to prove the 'uilt of the accuse& or %erely faile& to prove his 'uilt beyon& reasonable &oubt. !n either case# the /u&'%ent shall &eter%ine if the act or o%ission fro% (hich the civil liability %i'ht arise &i& not e.ist. (2a) Se*t)o% -+ *udgment for t%o or more offenses. � 6hen t(o or %ore offenses are char'e& in a sin'le co%plaint or infor%ation but the accuse& fails to ob/ect to it before trial# the court %ay convict hi% of as %any offenses as are char'e& an& prove&# an& i%pose on hi% the penalty for each offense# settin' out separately the fin&in's of fact an& la( in each offense. (2a) Se*t)o% .+ *udgment in &ase of (arian&e 'et%een allegation and proof. � 6hen there is variance bet(een the offense char'e& in the co%plaint or infor%ation an& that prove&# an& the offense as char'e& is inclu&e& in or necessarily inclu&es the offense prove&# the accuse& shall be convicte& of the offense prove& (hich is inclu&e& in the offense char'e&# or of the offense char'e& (hich is inclu&e& in the offense prove&. (1a) Se*t)o% /+ ,hen an offense in&ludes or is in&luded in another . � An offense char'e& necessarily inclu&es the offense prove& (hen so%e of the essential ele%ents or in're&ients of the for%er# as alle'e& in the co%plaint or infor%ation# constitute the latter. An& an offense char'e& is necessarily inclu&e& in the offense prove&# (hen the essential in're&ients of the for%er constitute or for% a part of those constitutin' the latter. (5a) Se*t)o% 0+ Promulgation of +udgment. � +he /u&'%ent is pro%ul'ate& by rea&in' it in the presence of the accuse& an& any /u&'e of the court in (hich it (as ren&ere&. ;o(ever# if the conviction is for a li'ht offense# the /u&'%ent %ay be pronounce& in the presence of his counsel or representative. 6hen the /u&'e is absent or outsi&e of the province or city# the /u&'%ent %ay be pro%ul'ate& by the clerk of court. !f the accuse& is confine& or &etaine& in another province or city# the /u&'%ent %ay be pro%ul'ate& by the e.ecutive /u&'e of the ,e'ional +rial "ourt havin' /uris&iction over the place of confine%ent or &etention upon re<uest of the court (hich ren&ere& the /u&'%ent. +he court pro%ul'atin' the /u&'%ent shall have authority to accept the notice of appeal an& to approve the bail bon& pen&in' appeal5 pro(ided# that if the &ecision of the trial court convictin' the accuse& chan'e& the nature of the offense fro% non9bailable to bailable# the application for bail can only be file& an& resolve& by the appellate court.

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+he proper clerk of court shall 'ive notice to the accuse& personally or throu'h his bon&s%an or (ar&en an& counsel# re<uirin' hi% to be present at the pro%ul'ation of the &ecision. !f the accuse& trie& in a'sentia because he /u%pe& bail or escape& fro% prison# the notice to hi% shall be serve& at his last kno(n a&&ress. !n case the accuse& fails to appear at the sche&ule& &ate of pro%ul'ation of /u&'%ent &espite notice# the pro%ul'ation shall be %a&e by recor&in' the /u&'%ent in the cri%inal &ocket an& servin' hi% a copy thereof at his last kno(n a&&ress or thru his counsel. !f the /u&'%ent is for conviction an& the failure of the accuse& to appear (as (ithout /ustifiable cause# he shall lose the re%e&ies available in these rules a'ainst the /u&'%ent an& the court shall or&er his arrest. 6ithin fifteen (-5) &ays fro% pro%ul'ation of /u&'%ent# ho(ever# the accuse& %ay surren&er an& file a %otion for leave of court to avail of these re%e&ies. ;e shall state the reasons for his absence at the sche&ule& pro%ul'ation an& if he proves that his absence (as for a /ustifiable cause# he shall be allo(e& to avail of sai& re%e&ies (ithin fifteen (-5) &ays fro% notice. (3a) Se*t)o% 7+ Modifi&ation of +udgment. � A /u&'%ent of conviction %ay# upon %otion of the accuse&# be %o&ifie& or set asi&e before it beco%es final or before appeal is perfecte&. 4.cept (here the &eath penalty is i%pose&# a /u&'%ent beco%es final after the lapse of the perio& for perfectin' an appeal# or (hen the sentence has been partially or totally satisfie& or serve&# or (hen the accuse& has (aive& in (ritin' his ri'ht to appeal# or has applie& for probation. (=a) Se*t)o% 3+ 0ntry of +udgment. � After a /u&'%ent has beco%e final# it shall be entere& in accor&ance (ith ,ule 23. (8) Se*t)o% 9+ 02isting pro(isions go(erning suspension of senten&e# pro'ation and parole not affe&ted 'y this Rule. � ?othin' in this ,ule shall affect any e.istin' provisions in the la(s 'overnin' suspension of sentence# probation or parole. (>a)

RULE 1,1 Ne> Tr)&' or Re*o%s)1er&t)o% Se*t)o% 1+ Ne% trial or re&onsideration. � At any ti%e before a /u&'%ent of conviction beco%es final# the court %ay# on %otion of the accuse& or at its o(n instance but (ith the consent of the accuse&# 'rant a ne( trial or reconsi&eration. (-a) Se*t)o% ,+ 3rounds for a ne% trial. � +he court shall 'rant a ne( trial on any of the follo(in' 'roun&s* (a) +he errors of la( or irre'ularities pre/u&icial to the substantial ri'hts of the accuse& have been co%%itte& &urin' the trial5 (b) +he ne( an& %aterial evi&ence has been &iscovere& (hich the accuse& coul& not (ith reasonable &ili'ence have &iscovere& an& pro&uce& at the trial an& (hich if intro&uce& an& a&%itte& (oul& probably chan'e the /u&'%ent. (2a) Se*t)o% -+ 3round for re&onsideration. � +he court shall 'rant reconsi&eration on the 'roun& of errors of la( or fact in the /u&'%ent# (hich re<uires no further procee&in's. (2a)

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Se*t)o% .+ 8orm of motion and noti&e to the prose&utor . � +he %otion for a ne( trial or reconsi&eration shall be in (ritin' an& shall state the 'roun&s on (hich it is base&. !f base& on a ne(ly9&iscovere& evi&ence# the %otion %ust be supporte& by affi&avits of (itnesses by (ho% such evi&ence is e.pecte& to be 'iven or by &uly authenticate& copies of &ocu%ents (hich are propose& to be intro&uce& in evi&ence. ?otice of the %otion for ne( trial or reconsi&eration shall be 'iven to the prosecutor. (1a) Se*t)o% /+ 7earing on motion. � 6here a %otion for a ne( trial calls for resolution of any <uestion of fact# the court %ay hear evi&ence thereon by affi&avits or other(ise. (5a) Se*t)o% 0+ 0ffe&ts of granting a ne% trial or re&onsideration . � +he effects of 'rantin' a ne( trial or reconsi&eration are the follo(in'* (a) 6hen a ne( trial is 'rante& on the 'roun& of errors of la( or irre'ularities co%%itte& &urin' the trial# all procee&in's an& evi&ence affecte& thereby shall be set asi&e an& taken ane(. +he court %ay# in the interest of /ustice# allo( the intro&uction of a&&itional evi&ence. (b) 6hen a ne( trial is 'rante& on the 'roun& of ne(ly9&iscovere& evi&ence# the evi&ence alrea&y a&&uce& shall stan& an& the ne(ly9&iscovere& an& such other evi&ence as the court %ay# in the interest of /ustice# allo( to be intro&uce& shall be taken an& consi&ere& to'ether (ith the evi&ence alrea&y in the recor&. (c) !n all cases# (hen the court 'rants ne( trial or reconsi&eration# the ori'inal /u&'%ent shall be set asi&e or vacate& an& a ne( /u&'%ent ren&ere& accor&in'ly. (3a)

RULE 1,, A99e&' Se*t)o% 1+ ,ho may appeal. � Any party %ay appeal fro% a /u&'%ent or final or&er# unless the accuse& (ill be place& in &ouble /eopar&y. (2a) Se*t)o% ,+ ,here to appeal. � +he appeal %ay be taken as follo(s* (a) +o the ,e'ional +rial "ourt# in cases &eci&e& by the Metropolitan +rial "ourt# Municipal +rial "ourt in "ities# Municipal +rial "ourt# or Municipal "ircuit +rial "ourt5 (b) +o the "ourt of Appeals or to the $upre%e "ourt in the proper cases provi&e& by la(# in cases &eci&e& by the ,e'ional +rial "ourt5 an& (c) +o the $upre%e "ourt# in cases &eci&e& by the "ourt of Appeals. (-a) Se*t)o% -+ 7o% appeal ta/en. � (a) +he appeal to the ,e'ional +rial "ourt# or to the "ourt of Appeals in cases &eci&e& by the ,e'ional +rial "ourt in the e.ercise of its ori'inal /uris&iction# shall be taken by filin' a notice of appeal (ith the court (hich ren&ere& the /u&'%ent or final or&er appeale& fro% an& by servin' a copy thereof upon the a&verse party. (b) +he appeal to the "ourt of Appeals in cases &eci&e& by the ,e'ional +rial "ourt in the e.ercise of its appellate /uris&iction shall be by petition for revie( un&er ,ule 12.

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(c) +he appeal to the $upre%e "ourt in cases (here the penalty i%pose& by the ,e'ional +rial "ourt is &eath# re&lusion perpetua# or life i%prison%ent# or (here a lesser penalty is i%pose& but for offenses co%%itte& on the sa%e occasion or (hich arose out of the sa%e occurrence that 'ave rise to the %ore serious offense for (hich the penalty of &eath# re&lusion perpetua# or life i%prison%ent is i%pose&# shall be by filin' a notice of appeal in accor&ance (ith para'raph (a) of this section. (&) ?o notice of appeal is necessary in cases (here the &eath penalty is i%pose& by the ,e'ional +rial "ourt. +he sa%e shall be auto%atically revie(e& by the $upre%e "ourt as provi&e& in section -0 of this ,ule. (e) 4.cept as provi&e& in the last para'raph of section -2# ,ule -21# all other appeals to the $upre%e "ourt shall be by petition for revie( on &ertiorari un&er ,ules 15. (2a) Se*t)o% .+ Pu'li&ation of noti&e of appeal. � !f personal service of the copy of the notice of appeal can not be %a&e upon the a&verse party or his counsel# service %ay be &one by re'istere& %ail or by substitute& service pursuant to sections = an& 8 of ,ule -2. (1a) Se*t)o% /+ ,ai(er of noti&e. � +he appellee %ay (aive his ri'ht to a notice that an appeal has been taken. +he appellate court %ay# in its &iscretion# entertain an appeal not(ithstan&in' failure to 'ive such notice if the interests of /ustice so re<uire. (5a) Se*t)o% 0+ ,hen appeal to 'e ta/en. � An appeal %ust be taken (ithin fifteen (-5) &ays fro% pro%ul'ation of the /u&'%ent or fro% notice of the final or&er appeale& fro%. +his perio& for perfectin' an appeal shall be suspen&e& fro% the ti%e a %otion for ne( trial or reconsi&eration is file& until notice of the or&er overrulin' the %otion shall have been serve& upon the accuse& or his counsel at (hich ti%e the balance of the perio& be'ins to run. (3a) Se*t)o% 7+ #rans&ri'ing and filing notes of stenographi& reporter upon appeal. � 6hen notice of appeal is file& by the accuse&# the trial court shall &irect the steno'raphic reporter to transcribe his notes of the procee&in's. 6hen file& by the People of the Philippines# the trial court shall &irect the steno'raphic reporter to transcribe such portion of his notes of the procee&in's as the court# upon %otion# shall specify in (ritin'. +he steno'raphic reporter shall certify to the correctness of the notes an& the transcript thereof# (hich shall consist of the ori'inal an& four copies# an& shall file the ori'inal an& four copies (ith the clerk (ithout unnecessary &elay. !f &eath penalty is i%pose&# the steno'raphic reporter shall# (ithin thirty (20) &ays fro% pro%ul'ation of the sentence# file (ith the clerk ori'inal an& four copies of the &uly certifie& transcript of his notes of the procee&in's. ?o e.tension of ti%e for filin' of sai& transcript of steno'raphic notes shall be 'rante& e.cept by the $upre%e "ourt an& only upon /ustifiable 'roun&s. (=a) Se*t)o% 3+ #ransmission of papers to appellate &ourt upon appeal. � 6ithin five (5) &ays fro% the filin' of the notice of appeal# the clerk of the court (ith (ho% the notice of appeal (as file& %ust trans%it to the clerk of court of the appellate court the co%plete recor& of the case# to'ether (ith sai& notice. +he ori'inal an& three copies of the transcript of steno'raphic notes# to'ether (ith the recor&s# shall also be trans%itte& to the clerk of the appellate court (ithout un&ue &elay. +he other copy of the transcript shall re%ain in the lo(er court. (8a) Se*t)o% 9+ Appeal to the Regional #rial Courts. � (a) 6ithin five (5) &ays fro% perfection of the appeal# the clerk of court shall trans%it the ori'inal recor& to the appropriate ,e'ional +rial "ourt.

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(b) :pon receipt of the co%plete recor& of the case# transcripts an& e.hibits# the clerk of court of the ,e'ional +rial "ourt shall notify the parties of such fact. (c) 6ithin fifteen (-5) &ays fro% receipt of the sai& notice# the parties %ay sub%it %e%oran&a or briefs# or %ay be re<uire& by the ,e'ional +rial "ourt to &o so. After the sub%ission of such %e%oran&a or briefs# or upon the e.piration of the perio& to file the sa%e# the ,e'ional +rial "ourt shall &eci&e the case on the basis of the entire recor& of the case an& of such %e%oran&a or briefs as %ay have been file&. (>a) Se*t)o% 14+ #ransmission of re&ords in &ase of death penalty. � !n all cases (here the &eath penalty is i%pose& by the trial court# the recor&s shall be for(ar&e& to the $upre%e "ourt for auto%atic revie( an& /u&'%ent (ithin five (5) &ays after the fifteenth (-5) &ay follo(in' the pro%ul'ation of the /u&'%ent or notice of &enial of a %otion for ne( trial or reconsi&eration. +he transcript shall also be for(ar&e& (ithin ten (-0) &ays after the filin' thereof by the steno'raphic reporter. (-0a) Se*t)o% 11+ 0ffe&t of appeal 'y any of se(eral a&&used. � (a) An appeal taken by one or %ore of several accuse& shall not affect those (ho &i& not appeal# e.cept insofar as the /u&'%ent of the appellate court is favorable an& applicable to the latter5 (b) +he appeal of the offen&e& party fro% the civil aspect shall not affect the cri%inal aspect of the /u&'%ent or or&er appeale& fro%. (c) :pon perfection of the appeal# the e.ecution of the /u&'%ent or final or&er appeale& fro% shall be staye& as to the appealin' party. (--a) Se*t)o% 1,+ ,ithdra%al of appeal. � ?ot(ithstan&in' the perfection of the appeal# the ,e'ional +rial "ourt# Metropolitan +rial "ourt# Municipal +rial "ourt in "ities# Municipal +rial "ourt# or Municipal "ircuit +rial "ourt# as the case %ay be# %ay allo( the appellant to (ith&ra( his appeal before the recor& has been for(ar&e& by the clerk of court to the proper appellate court as provi&e& in section 8# in (hich case the /u&'%ent shall beco%e final. +he ,e'ional +rial "ourt %ay also# in its &iscretion# allo( the appellant fro% the /u&'%ent of a Metropolitan +rial "ourt# Municipal +rial "ourt in "ities# Municipal +rial "ourt# or Municipal "ircuit +rial "ourt to (ith&ra( his appeal# provi&e& a %otion to that effect is file& before ren&ition of the /u&'%ent in the case on appeal# in (hich case the /u&'%ent of the court of ori'in shall beco%e final an& the case shall be re%an&e& to the latter court for e.ecution of the /u&'%ent. (-2a) Se*t)o% 1-+ Appointment of &ounsel de ofi&io for a&&used on appeal. � !t shall be the &uty of the clerk of the trial court# upon filin' of a notice of appeal# to ascertain fro% the appellant# if confine& in prison# (hether he &esires the ,e'ional +rial "ourt# "ourt of Appeals or the $upre%e "ourt to appoint a counsel de ofi&io to &efen& hi% an& to trans%it (ith the recor& on a for% to be prepare& by the clerk of court of the appellate court# a certificate of co%pliance (ith this &uty an& of the response of the appellant to his in<uiry. (-2a)

RULE 1,Pro*e1ure )% the Mu%)*)9&' Tr)&' Courts Se*t)o% 1+ .niform Pro&edure. � +he proce&ure to be observe& in the Metropolitan +rial "ourts# Municipal +rial "ourts an& Municipal "ircuit +rial "ourts shall be the sa%e as in the ,e'ional +rial

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"ourts# e.cept (here a particular provision applies only to either of sai& courts an& in cri%inal cases 'overne& by the ,evise& ,ule on $u%%ary Proce&ure. (-a)

RULE 1,. Pro*e1ure )% the Court of A99e&'s Se*t)o% 1+ #itle of the &ase. � !n all cri%inal cases appeale& to the "ourt of Appeals# the party appealin' the case shall be calle& the 8appellant8 an& the a&verse party the 8appellee#8 but the title of the case shall re%ain as it (as in the court of ori'in. (-a) Se*t)o% ,+ Appointment of &ounsel de ofi&io for the a&&used. � !f it appears fro% the recor& of the case as trans%itte& that (a) the accuse& is confine& in prison# (b) is (ithout counsel de parte on appeal# or (c) has si'ne& the notice of appeal hi%self# the clerk of court of the "ourt of Appeals shall &esi'nate a counsel de ofi&io. An appellant (ho is not confine& in prison %ay# upon re<uest# be assi'ne& a counsel de ofi&io (ithin ten (-0) &ays fro% receipt of the notice to file brief an& he establishes his ri'ht thereto. (2a) Se*t)o% -+ ,hen 'rief for appellant to 'e filed . � 6ithin thirty (20) &ays fro% receipt by the appellant or his counsel of the notice fro% the clerk of court of the "ourt of Appeals that the evi&ence# oral an& &ocu%entary# is alrea&y attache& to the recor&# the appellant shall file seven (=) copies of his brief (ith the clerk of court (hich shall be acco%panie& by proof of service of t(o (2) copies thereof upon the appellee. (2a) Se*t)o% .+ ,hen 'rief for appellee to 'e filed5 reply 'rief of the appellant. � 6ithin thirty (20) &ays fro% the receipt of the brief of the appellant# the appellee shall file seven (=) copies of the brief of the appellee (ith the clerk of court (hich shall be acco%panie& by proof of service of t(o (2) copies thereof upon the appellant. 6ithin t(enty (20) &ays fro% receipt of the brief of the appellee# the appellant %ay file a reply brief traversin' %atters raise& in the for%er but not covere& in the brief of the appellant. (1a) Se*t)o% /+ 02tension of time for filing 'riefs. � 4.tension of ti%e for the filin' of briefs (ill not be allo(e& e.cept for 'oo& an& sufficient cause an& only if the %otion for e.tension is file& before the e.piration of the ti%e sou'ht to be e.ten&e&. (5a) Se*t)o% 0+ 8orm of 'riefs. � )riefs shall either be printe&# enco&e& or type(ritten in &ouble space on the le'al si0e 'oo& <uality un'la0e& paper# 220 %%. in len'th by 2-3 %%. in (i&th. (3a) Se*t)o% 7+ Contents of 'rief. � +he briefs in cri%inal cases shall have the sa%e contents as provi&e& in sections -2 an& -1 of ,ule 11. A certifie& true copy of the &ecision or final or&er appeale& fro% shall be appen&e& to the brief of appellant. (=a) Se*t)o% 3+ 1ismissal of appeal for a'andonment or failure to prose&ute. � +he "ourt of Appeals %ay# upon %otion of the appellee or motu proprio an& (ith notice to the appellant in either case# &is%iss the appeal if the appellant fails to file his brief (ithin the ti%e prescribe& by this ,ule# e.cept (here the appellant is represente& by a counsel de ofi&io.

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+he "ourt of Appeals %ay also# upon %otion of the appellee or motu proprio# &is%iss the appeal if the appellant escapes fro% prison or confine%ent# /u%ps bail or flees to a forei'n country &urin' the pen&ency of the appeal. (8a) Se*t)o% 9+ Prompt disposition of appeals. � Appeals of accuse& (ho are un&er &etention shall be 'iven prece&ence in their &isposition over other appeals. +he "ourt of Appeals shall hear an& &eci&e the appeal at the earliest practicable ti%e (ith &ue re'ar& to the ri'hts of the parties. +he accuse& nee& not be present in court &urin' the hearin' of the appeal. (>a) Se*t)o% 14+ *udgment not to 'e re(ersed or modified e2&ept for su'stantial error . � ?o /u&'%ent shall be reverse& or %o&ifie& unless the "ourt of Appeals# after an e.a%ination of the recor& an& of the evi&ence a&&uce& by the parties# is of the opinion that error (as co%%itte& (hich in/uriously affecte& the substantial ri'hts of the appellant. (-0a) Se*t)o% 11+ S&ope of +udgment. � +he "ourt of Appeals %ay reverse# affir%# or %o&ify the /u&'%ent an& increase or re&uce the penalty i%pose& by the trial court# re%an& the case to the ,e'ional +rial "ourt for ne( trial or retrial# or &is%iss the case. (--a) Se*t)o% 1,+ Po%er to re&ei(e e(iden&e � +he "ourt of Appeals shall have the po(er to try cases an& con&uct hearin's# receive evi&ence an& perfor% any an& all acts necessary to resolve factual issues raise& in cases (a) fallin' (ithin its ori'inal /uris&iction# (b) involvin' clai%s for &a%a'es arisin' fro% provisional re%e&ies# or (c) (here the court 'rants a ne( trial base& only on the 'roun& of ne(ly9&iscovere& evi&ence. (-2a) Se*t)o% 1-+ <uorum of the &ourt5 &ertifi&ation or appeal of &ases to Supreme Court. � +hree (2) Justices of the "ourt of Appeals shall constitute a :uorum for the sessions of a &ivision. +he unani%ous vote of the three (2) Justices of a &ivision shall be necessary for the pronounce%ent of a /u&'%ent or final resolution# (hich shall be reache& in consultation before the (ritin' of the opinion by a %e%ber of the &ivision. !n the event that the three (2) Justices can not reach a unani%ous vote# the Presi&in' Justice shall &irect the raffle co%%ittee of the "ourt to &esi'nate t(o (2) a&&itional Justices to sit te%porarily (ith the%# for%in' a special &ivision of five (5) %e%bers an& the concurrence of a %a/ority of such &ivision shall be necessary for the pronounce%ent of a /u&'%ent or final resolution. +he &esi'nation of such a&&itional Justices shall be %a&e strictly by raffle an& rotation a%on' all other Justices of the "ourt of Appeals. 6henever the "ourt of Appeals fin&s that the penalty of &eath# re&lusion perpetua# or life i%prison%ent shoul& be i%pose& in a case# the court# after &iscussion of the evi&ence an& the la( involve&# shall ren&er /u&'%ent i%posin' the penalty of &eath# re&lusion perpetua# or life i%prison%ent as the circu%stances (arrant. ;o(ever# it shall refrain fro% enterin' the /u&'%ent an& forth(ith certify the case an& elevate the entire recor& thereof to the $upre%e "ourt for revie(. (-2a) Se*t)o% 1.+ Motion for ne% trial. � At any ti%e after the appeal fro% the lo(er court has been perfecte& an& before the /u&'%ent of the "ourt of Appeals convictin' the appellant beco%es final# the latter %ay %ove for a ne( trial on the 'roun& of ne(ly9&iscovere& evi&ence %aterial to his &efense. +he %otion shall confor% (ith the provisions of section 1# ,ule -2-. (-1a) Se*t)o% 1/+ ,here ne% trial &ondu&ted. � 6hen a ne( trial is 'rante&# the "ourt of Appeals %ay con&uct the hearin' an& receive evi&ence as provi&e& in section -2 of this ,ule or refer the trial to the court of ori'in. (-5a) Se*t)o% 10+ Re&onsideration. � A %otion for reconsi&eration shall be file& (ithin fifteen (-5) &ays after fro% notice of the &ecision or final or&er of the "ourt of Appeals# (ith copies serve& upon the a&verse party# settin' forth the 'roun&s in support thereof. +he %itti%us shall be staye& &urin' the

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pen&ency of the %otion for reconsi&eration. ?o party shall be allo(e& a secon& %otion for reconsi&eration of a /u&'%ent or final or&er. (-3a) Se*t)o% 17+ *udgment transmitted and filed in trial &ourt . � 6hen the entry of /u&'%ent of the "ourt of Appeals is issue&# a certifie& true copy of the /u&'%ent shall be attache& to the ori'inal recor& (hich shall be re%an&e& to the clerk of the court fro% (hich the appeal (as taken. (-=a) Se*t)o% 13+ Appli&ation of &ertain rules in &i(il to &riminal &ases. � +he provisions of ,ules 12# 11 to 13 an& 18 to 53 relatin' to proce&ure in the "ourt of Appeals an& in the $upre%e "ourt in ori'inal an& appeale& civil cases shall be applie& to cri%inal cases insofar as they are applicable an& not inconsistent (ith the provisions of this ,ule. (-8a)

RULE 1,/ Pro*e1ure )% the Su9re5e Court Se*t)o% 1+ .niform pro&edure. � :nless other(ise provi&e& by the "onstitution or by la(# the proce&ure in the $upre%e "ourt in ori'inal an& in appeale& cases shall be the sa%e as in the "ourt of Appeals. (-a) Se*t)o% ,+ Re(ie% of de&isions of the Court of Appeals . � +he proce&ure for the revie( by the $upre%e "ourt of &ecisions in cri%inal cases ren&ere& by the "ourt of Appeals shall be the sa%e as in civil cases. (2a) Se*t)o% -+ 1e&ision if opinion is e:ually di(ided. � 6hen the $upre%e "ourt en 'an& is e<ually &ivi&e& in opinion or the necessary %a/ority cannot be ha& on (hether to ac<uit the appellant# the case shall a'ain be &eliberate& upon an& if no &ecision is reache& after re9&eliberation# the /u&'%ent of conviction of the lo(er court shall be reverse& an& the accuse& ac<uitte&. (2a)

RULE 1,0 Se&r*h &%1 Se)Bure Se*t)o% 1+ Sear&h %arrant defined. � A search (arrant is an or&er in (ritin' issue& in the na%e of the People of the Philippines# si'ne& by a /u&'e an& &irecte& to a peace officer# co%%an&in' hi% to search for personal property &escribe& therein an& brin' it before the court. (-) Se*t)o% ,+ Court %here appli&ation for sear&h %arrant shall 'e filed . � An application for search (arrant shall be file& (ith the follo(in'* a) Any court (ithin (hose territorial /uris&iction a cri%e (as co%%itte&. b) @or co%pellin' reasons state& in the application# any court (ithin the /u&icial re'ion (here the cri%e (as co%%itte& if the place of the co%%ission of the cri%e is kno(n# or any court (ithin the /u&icial re'ion (here the (arrant shall be enforce&. ;o(ever# if the cri%inal action has alrea&y been file&# the application shall only be %a&e in the court (here the cri%inal action is pen&in'. (n)

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Se*t)o% -+ Personal property to 'e sei9ed. � A search (arrant %ay be issue& for the search an& sei0ure of personal property* (a) $ub/ect of the offense5 (b) $tolen or e%be00le& an& other procee&s# or fruits of the offense5 or (c) :se& or inten&e& to be use& as the %eans of co%%ittin' an offense. (2a) Se*t)o% .+ Re:uisites for issuing sear&h %arrant. � A search (arrant shall not issue e.cept upon probable cause in connection (ith one specific offense to be &eter%ine& personally by the /u&'e after e.a%ination un&er oath or affir%ation of the co%plainant an& the (itnesses he %ay pro&uce# an& particularly &escribin' the place to be searche& an& the thin's to be sei0e& (hich %ay be any(here in the Philippines. (2a) Se*t)o% /+ 02amination of &omplainant5 re&ord. � +he /u&'e %ust# before issuin' the (arrant# personally e.a%ine in the for% of searchin' <uestions an& ans(ers# in (ritin' an& un&er oath# the co%plainant an& the (itnesses he %ay pro&uce on facts personally kno(n to the% an& attach to the recor& their s(orn state%ents# to'ether (ith the affi&avits sub%itte&. (1a) Se*t)o% 0+ $ssuan&e and form of sear&h %arrant. � !f the /u&'e is satisfie& of the e.istence of facts upon (hich the application is base& or that there is probable cause to believe that they e.ist# he shall issue the (arrant# (hich %ust be substantially in the for% prescribe& by these ,ules. (5a) Se*t)o% 7+ Right to 'rea/ door or %indo% to effe&t sear&h. � +he officer# if refuse& a&%ittance to the place of &irecte& search after 'ivin' notice of his purpose an& authority# %ay break open any outer or inner &oor or (in&o( of a house or any part of a house or anythin' therein to e.ecute the (arrant or liberate hi%self or any person la(fully ai&in' hi% (hen unla(fully &etaine& therein. (3) Se*t)o% 3+ Sear&h of house# room# or premise to 'e made in presen&e of t%o %itnesses . � ?o search of a house# roo%# or any other pre%ise shall be %a&e e.cept in the presence of the la(ful occupant thereof or any %e%ber of his fa%ily or in the absence of the latter# t(o (itnesses of sufficient a'e an& &iscretion resi&in' in the sa%e locality. (=a) Se*t)o% 9+ #ime of ma/ing sear&h. � +he (arrant %ust &irect that it be serve& in the &ay ti%e# unless the affi&avit asserts that the property is on the person or in the place or&ere& to be searche&# in (hich case a &irection %ay be inserte& that it be serve& at any ti%e of the &ay or ni'ht. (8) Se*t)o% 14+ 4alidity of sear&h %arrant. � A search (arrant shall be vali& for ten (-0) &ays fro% its &ate. +hereafter it shall be voi&. (>a) Se*t)o% 11+ Re&eipt for the property sei9ed. � +he officer sei0in' property un&er the (arrant %ust 'ive a &etaile& receipt for the sa%e to the la(ful occupant of the pre%ises in (hose presence the search an& sei0ure (ere %a&e# or in the absence of such occupant# %ust# in the presence of at least t(o (itnesses of sufficient a'e an& &iscretion resi&in' in the sa%e locality# leave a receipt in the place in (hich he foun& the sei0e& property. (-0a) Se*t)o% 1,+ 1eli(ery of property and in(entory thereof to &ourt5 return and pro&eedings thereon. � (a) +he officer %ust forth(ith &eliver the property sei0e& to the /u&'e (ho issue& the (arrant# to'ether (ith a true inventory thereof &uly verifie& un&er oath. (b) +en (-0) &ays after issuance of the search (arrant# the issuin' /u&'e shall ascertain if the return has been %a&e# an& if none# shall su%%on the person to (ho% the (arrant (as issue& an& re<uire hi% to e.plain (hy no return (as %a&e. !f the return has been %a&e# the

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/u&'e shall ascertain (hether section -- of this ,ule has been co%plaine& (ith an& shall re<uire that the property sei0e& be &elivere& to hi%. +he /u&'e shall see to it that subsection (a) hereof has been co%plie& (ith. (c) +he return on the search (arrant shall be file& an& kept by the custo&ian of the lo' book on search (arrants (ho shall enter therein the &ate of the return# the result# an& other actions of the /u&'e. A (iolation of this se&tion shall &onstitute &ontempt of &ourt.5 a6 Se*t)o% 1-+ Sear&h in&ident to la%ful arrest. � A person la(fully arreste& %ay be searche& for &an'erous (eapons or anythin' (hich %ay have been use& or constitute proof in the co%%ission of an offense (ithout a search (arrant. (-2a) Se*t)o% 1.+ Motion to :uash a sear&h %arrant or to suppress e(iden&e 5 %here to file. � A %otion to <uash a search (arrant an&Gor to suppress evi&ence obtaine& thereby %ay be file& in an& acte& upon only by the court (here the action has been institute&. !f no cri%inal action has been institute&# the %otion %ay be file& in an& resolve& by the court that issue& the search (arrant. ;o(ever# if such court faile& to resolve the %otion an& a cri%inal case is subse<uent file& in another court# the %otion shall be resolve& by the latter court. (n)

RULE 1,7 Pro()s)o%&' Re5e1)es )% Cr)5)%&' C&ses Se*t)o% 1+ A(aila'ility of pro(isional remedies. � +he provisional re%e&ies in civil actions# insofar as they are applicable# %ay be availe& of in connection (ith the civil action &ee%e& institute& (ith the cri%inal action. (-a) Se*t)o% ,+ Atta&hment. � 6hen the civil action is properly institute& in the cri%inal action as provi&e& in ,ule ---# the offen&e& party %ay have the property of the accuse& attache& as security for the satisfaction of any /u&'%ent that %ay be recovere& fro% the accuse& in the follo(in' cases* (a) 6hen the accuse& is about to abscon& fro% the Philippines5 (b) 6hen the cri%inal action is base& on a clai% for %oney or property e%be00le& or frau&ulently %isapplie& or converte& to the use of the accuse& (ho is a public officer# officer of a corporation# attorney# factor# broker# a'ent# or clerk# in the course of his e%ploy%ent as such# or by any other person in a fi&uciary capacity# or for a (illful violation of &uty5 (c) 6hen the accuse& has conceale&# re%ove&# or &ispose& of his property# or is about to &o so5 an& a) 6hen the accuse& resi&es outsi&e the Philippines. (2a) REVISED RULES ON EVIDENCE (Ru'es 1,3 1-., Ru'es of Court!

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AS AMENDED PER RESOLUTION ADOPTED ON MARCA 1., 1939

PART IV RULES OF EVIDENCE

RULE 1,3 $e%er&' Pro()s)o%s Se*t)o% 1+ 0(iden&e defined. � 4vi&ence is the %eans# sanctione& by these rules# of ascertainin' in a /u&icial procee&in' the truth respectin' a %atter of fact. (-) Se*t)o% ,+ S&ope. � +he rules of evi&ence shall be the sa%e in all courts an& in all trials an& hearin's# e.cept as other(ise provi&e& by la( or these rules. (2a) Se*t)o% -+ Admissi'ility of e(iden&e. � 4vi&ence is a&%issible (hen it is relevant to the issue an& is not e.clu&e& by the la( of these rules. (2a) Se*t)o% .+ Rele(an&y5 &ollateral matters. � 4vi&ence %ust have such a relation to the fact in issue as to in&uce belief in its e.istence or non9e.istence. 4vi&ence on collateral %atters shall not be allo(e&# e.cept (hen it ten&s in any reasonable &e'ree to establish the probability or i%probability of the fact in issue. (1a)

RULE 1,9 :h&t Nee1 Not ;e Pro(e1 Se*t)o% 1+ *udi&ial noti&e, %hen mandatory. � A court shall take /u&icial notice# (ithout the intro&uction of evi&ence# of the e.istence an& territorial e.tent of states# their political history# for%s of 'overn%ent an& sy%bols of nationality# the la( of nations# the a&%iralty an& %ariti%e courts of the (orl& an& their seals# the political constitution an& history of the Philippines# the official acts of le'islative# e.ecutive an& /u&icial &epart%ents of the Philippines# the la(s of nature# the %easure of ti%e# an& the 'eo'raphical &ivisions. (-a) Se*t)o% ,+ *udi&ial noti&e, %hen dis&retionary. � A court %ay take /u&icial notice of %atters (hich are of public kno(le&'e# or are capable to un<uestionable &e%onstration# or ou'ht to be kno(n to /u&'es because of their /u&icial functions. (-a) Se*t)o% -+ *udi&ial noti&e, %hen hearing ne&essary. � Eurin' the trial# the court# on its o(n initiative# or on re<uest of a party# %ay announce its intention to take /u&icial notice of any %atter an& allo( the parties to be hear& thereon.

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After the trial# an& before /u&'%ent or on appeal# the proper court# on its o(n initiative or on re<uest of a party# %ay take /u&icial notice of any %atter an& allo( the parties to be hear& thereon if such %atter is &ecisive of a %aterial issue in the case. (n) Se*t)o% .+ *udi&ial admissions. � An a&%ission# verbal or (ritten# %a&e by the party in the course of the procee&in's in the sa%e case# &oes not re<uire proof. +he a&%ission %ay be contra&icte& only by sho(in' that it (as %a&e throu'h palpable %istake or that no such a&%ission (as %a&e. (2a)

RULE 1-4 Ru'es of A15)ss)<)')t2 A+ O;"ECT (REAL! EVIDENCE Se*t)o% 1+ )'+e&t as e(iden&e. � 7b/ects as evi&ence are those a&&resse& to the senses of the court. 6hen an ob/ect is relevant to the fact in issue# it %ay be e.hibite& to# e.a%ine& or vie(e& by the court. (-a) ;+ DOCUMENTAR# EVIDENCE Se*t)o% ,+ 1o&umentary e(iden&e. � Eocu%ents as evi&ence consist of (ritin' or any %aterial containin' letters# (or&s# nu%bers# fi'ures# sy%bols or other %o&es of (ritten e.pression offere& as proof of their contents. (n) 1+ ;est E()1e%*e Ru'e Se*t)o% -+ )riginal do&ument must 'e produ&ed5 e2&eptions. � 6hen the sub/ect of in<uiry is the contents of a &ocu%ent# no evi&ence shall be a&%issible other than the ori'inal &ocu%ent itself# e.cept in the follo(in' cases* (a) 6hen the ori'inal has been lost or &estroye&# or cannot be pro&uce& in court# (ithout ba& faith on the part of the offeror5 (b) 6hen the ori'inal is in the custo&y or un&er the control of the party a'ainst (ho% the evi&ence is offere&# an& the latter fails to pro&uce it after reasonable notice5 (c) 6hen the ori'inal consists of nu%erous accounts or other &ocu%ents (hich cannot be e.a%ine& in court (ithout 'reat loss of ti%e an& the fact sou'ht to be establishe& fro% the% is only the 'eneral result of the (hole5 an& (&) 6hen the ori'inal is a public recor& in the custo&y of a public officer or is recor&e& in a public office. (2a) Se*t)o% .+ )riginal of do&ument. � (a) +he ori'inal of the &ocu%ent is one the contents of (hich are the sub/ect of in<uiry. (b) 6hen a &ocu%ent is in t(o or %ore copies e.ecute& at or about the sa%e ti%e# (ith i&entical contents# all such copies are e<ually re'ar&e& as ori'inals.

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(c) 6hen an entry is repeate& in the re'ular course of business# one bein' copie& fro% another at or near the ti%e of the transaction# all the entries are like(ise e<ually re'ar&e& as ori'inals. (2a) ,+ Se*o%1&r2 E()1e%*e Se*t)o% /+ ,hen original do&ument is una(aila'le. � 6hen the ori'inal &ocu%ent has been lost or &estroye&# or cannot be pro&uce& in court# the offeror# upon proof of its e.ecution or e.istence an& the cause of its unavailability (ithout ba& faith on his part# %ay prove its contents by a copy# or by a recital of its contents in so%e authentic &ocu%ent# or by the testi%ony of (itnesses in the or&er state&. (1a) Se*t)o% 0+ ,hen original do&ument is in ad(erse party>s &ustody or &ontrol. � !f the &ocu%ent is in the custo&y or un&er the control of a&verse party# he %ust have reasonable notice to pro&uce it. !f after such notice an& after satisfactory proof of its e.istence# he fails to pro&uce the &ocu%ent# secon&ary evi&ence %ay be presente& as in the case of its loss. (5a) Se*t)o% 7+ 0(iden&e admissi'le %hen original do&ument is a pu'li& re&ord. � 6hen the ori'inal of &ocu%ent is in the custo&y of public officer or is recor&e& in a public office# its contents %ay be prove& by a certifie& copy issue& by the public officer in custo&y thereof. (2a) Se*t)o% 3+ Party %ho &alls for do&ument not 'ound to offer it. � A party (ho calls for the pro&uction of a &ocu%ent an& inspects the sa%e is not obli'e& to offer it as evi&ence. (3a) -+ P&ro' E()1e%*e Ru'e Se*t)o% 9+ 4vi&ence of (ritten a'ree%ents. � 6hen the ter%s of an a'ree%ent have been re&uce& to (ritin'# it is consi&ere& as containin' all the ter%s a'ree& upon an& there can be# bet(een the parties an& their successors in interest# no evi&ence of such ter%s other than the contents of the (ritten a'ree%ent. ;o(ever# a party %ay present evi&ence to %o&ify# e.plain or a&& to the ter%s of (ritten a'ree%ent if he puts in issue in his plea&in'* (a) An intrinsic a%bi'uity# %istake or i%perfection in the (ritten a'ree%ent5 (b) +he failure of the (ritten a'ree%ent to e.press the true intent an& a'ree%ent of the parties thereto5 (c) +he vali&ity of the (ritten a'ree%ent5 or (&) +he e.istence of other ter%s a'ree& to by the parties or their successors in interest after the e.ecution of the (ritten a'ree%ent. +he ter% 8a'ree%ent8 inclu&es (ills. (=a) .+ I%ter9ret&t)o% Of Do*u5e%ts Se*t)o% 14+ $nterpretation of a %riting a&&ording to its legal meaning. � +he lan'ua'e of a (ritin' is to be interprete& accor&in' to the le'al %eanin' it bears in the place of its e.ecution# unless the parties inten&e& other(ise. (8)

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Se*t)o% 11+ $nstrument &onstrued so as to gi(e effe&t to all pro(isions. � !n the construction of an instru%ent# (here there are several provisions or particulars# such a construction is# if possible# to be a&opte& as (ill 'ive effect to all. (>) Se*t)o% 1,+ $nterpretation a&&ording to intention5 general and parti&ular pro(isions. � !n the construction of an instru%ent# the intention of the parties is to be pursue&5 an& (hen a 'eneral an& a particular provision are inconsistent# the latter is para%ount to the for%er. $o a particular intent (ill control a 'eneral one that is inconsistent (ith it. (-0) Se*t)o% 1-+ $nterpretation a&&ording to &ir&umstan&es. � @or the proper construction of an instru%ent# the circu%stances un&er (hich it (as %a&e# inclu&in' the situation of the sub/ect thereof an& of the parties to it# %ay be sho(n# so that the /u&'e %ay be place& in the position of those (ho lan'ua'e he is to interpret. (--) Se*t)o% 1.+ Pe&uliar signifi&ation of terms. � +he ter%s of a (ritin' are presu%e& to have been use& in their pri%ary an& 'eneral acceptation# but evi&ence is a&%issible to sho( that they have a local# technical# or other(ise peculiar si'nification# an& (ere so use& an& un&erstoo& in the particular instance# in (hich case the a'ree%ent %ust be construe& accor&in'ly. (-2) Se*t)o% 1/+ ,ritten %ords &ontrol printed. � 6hen an instru%ent consists partly of (ritten (or&s an& partly of a printe& for%# an& the t(o are inconsistent# the for%er controls the latter. (-2) Se*t)o% 10+ 02perts and interpreters to 'e used in e2plaining &ertain %ritings. � 6hen the characters in (hich an instru%ent is (ritten are &ifficult to be &eciphere&# or the lan'ua'e is not un&erstoo& by the court# the evi&ence of persons skille& in &ecipherin' the characters# or (ho un&erstan& the lan'ua'e# is a&%issible to &eclare the characters or the %eanin' of the lan'ua'e. (-1) Se*t)o% 17+ )f #%o &onstru&tions, %hi&h preferred. � 6hen the ter%s of an a'ree%ent have been inten&e& in a &ifferent sense by the &ifferent parties to it# that sense is to prevail a'ainst either party in (hich he suppose& the other un&erstoo& it# an& (hen &ifferent constructions of a provision are other(ise e<ually proper# that is to be taken (hich is the %ost favorable to the party in (hose favor the provision (as %a&e. (-5) Se*t)o% 13+ Constru&tion in fa(or of natural right. � 6hen an instru%ent is e<ually susceptible of t(o interpretations# one in favor of natural ri'ht an& the other a'ainst it# the for%er is to be a&opte&. (-3) Se*t)o% 19+ $nterpretation a&&ording to usage. � An instru%ent %ay be construe& accor&in' to usa'e# in or&er to &eter%ine its true character. (-=) C+ TESTIMONIAL EVIDENCE 1+ ?u&')f)*&t)o% of :)t%esses Se*t)o% ,4+ ,itnesses5 their :ualifi&ations. � 4.cept as provi&e& in the ne.t succee&in' section# all persons (ho can perceive# an& perceivin'# can %ake their kno(n perception to others# %ay be (itnesses. ,eli'ious or political belief# interest in the outco%e of the case# or conviction of a cri%e unless other(ise provi&e& by la(# shall not be 'roun& for &is<ualification. (-8a) Se*t)o% ,1+ 1is:ualifi&ation 'y reason of mental in&apa&ity or immaturity. � +he follo(in' persons cannot be (itnesses*

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(a) +hose (hose %ental con&ition# at the ti%e of their pro&uction for e.a%ination# is such that they are incapable of intelli'ently %akin' kno(n their perception to others5 (b) "hil&ren (hose %ental %aturity is such as to ren&er the% incapable of perceivin' the facts respectin' (hich they are e.a%ine& an& of relatin' the% truthfully. (->a) Se*t)o% ,,+ 1is:ualifi&ation 'y reason of marriage. � Eurin' their %arria'e# neither the husban& nor the (ife %ay testify for or a'ainst the other (ithout the consent of the affecte& spouse# e.cept in a civil case by one a'ainst the other# or in a cri%inal case for a cri%e co%%itte& by one a'ainst the other or the latterDs &irect &escen&ants or ascen&ants. (20a) Se*t)o% ,-+ 1is:ualifi&ation 'y reason of death or insanity of ad(erse party. � Parties or assi'nor of parties to a case# or persons in (hose behalf a case is prosecute&# a'ainst an e.ecutor or a&%inistrator or other representative of a &ecease& person# or a'ainst a person of unsoun& %in&# upon a clai% or &e%an& a'ainst the estate of such &ecease& person or a'ainst such person of unsoun& %in&# cannot testify as to any %atter of fact occurrin' before the &eath of such &ecease& person or before such person beca%e of unsoun& %in&. (20a) Se*t)o% ,.+ 1is:ualifi&ation 'y reason of pri(ileged &ommuni&ation. � +he follo(in' persons cannot testify as to %atters learne& in confi&ence in the follo(in' cases* (a) +he husban& or the (ife# &urin' or after the %arria'e# cannot be e.a%ine& (ithout the consent of the other as to any co%%unication receive& in confi&ence by one fro% the other &urin' the %arria'e e.cept in a civil case by one a'ainst the other# or in a cri%inal case for a cri%e co%%itte& by one a'ainst the other or the latterDs &irect &escen&ants or ascen&ants5 (b) An attorney cannot# (ithout the consent of his client# be e.a%ine& as to any co%%unication %a&e by the client to hi%# or his a&vice 'iven thereon in the course of# or (ith a vie( to# professional e%ploy%ent# nor can an attorneyDs secretary# steno'rapher# or clerk be e.a%ine&# (ithout the consent of the client an& his e%ployer# concernin' any fact the kno(le&'e of (hich has been ac<uire& in such capacity5 (c) A person authori0e& to practice %e&icine# sur'ery or obstetrics cannot in a civil case# (ithout the consent of the patient# be e.a%ine& as to any a&vice or treat%ent 'iven by hi% or any infor%ation (hich he %ay have ac<uire& in atten&in' such patient in a professional capacity# (hich infor%ation (as necessary to enable hi% to act in capacity# an& (hich (oul& blacken the reputation of the patient5 (&) A %inister or priest cannot# (ithout the consent of the person %akin' the confession# be e.a%ine& as to any confession %a&e to or any a&vice 'iven by hi% in his professional character in the course of &iscipline en/oine& by the church to (hich the %inister or priest belon's5 (e) A public officer cannot be e.a%ine& &urin' his ter% of office or after(ar&s# as to co%%unications %a&e to hi% in official confi&ence# (hen the court fin&s that the public interest (oul& suffer by the &isclosure. (2-a) ,+ Test)5o%)&' Pr)()'e6e Se*t)o% ,/+ Parental and filial pri(ilege. � ?o person %ay be co%pelle& to testify a'ainst his parents# other &irect ascen&ants# chil&ren or other &irect &escen&ants. (20a) -+ A15)ss)o%s &%1 Co%fess)o%s

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Se*t)o% ,0+ Admission of a party. � +he act# &eclaration or o%ission of a party as to a relevant fact %ay be 'iven in evi&ence a'ainst hi%. (22) Se*t)o% ,7+ )ffer of &ompromise not admissi'le. � !n civil cases# an offer of co%pro%ise is not an a&%ission of any liability# an& is not a&%issible in evi&ence a'ainst the offeror. !n cri%inal cases# e.cept those involvin' <uasi9offenses (cri%inal ne'li'ence) or those allo(e& by la( to be co%pro%ise&# an offer of co%pro%ise& by the accuse& %ay be receive& in evi&ence as an i%plie& a&%ission of 'uilt. A plea of 'uilty later (ith&ra(n# or an unaccepte& offer of a plea of 'uilty to lesser offense# is not a&%issible in evi&ence a'ainst the accuse& (ho %a&e the plea or offer. An offer to pay or the pay%ent of %e&ical# hospital or other e.penses occasione& by an in/ury is not a&%issible in evi&ence as proof of civil or cri%inal liability for the in/ury. (21a) Se*t)o% ,3+ Admission 'y third party. � +he ri'hts of a party cannot be pre/u&ice& by an act# &eclaration# or o%ission of another# e.cept as hereinafter provi&e&. (25a) Se*t)o% ,9+ Admission 'y &o-partner or agent. � +he act or &eclaration of a partner or a'ent of the party (ithin the scope of his authority an& &urin' the e.istence of the partnership or a'ency# %ay be 'iven in evi&ence a'ainst such party after the partnership or a'ency is sho(n by evi&ence other than such act or &eclaration. +he sa%e rule applies to the act or &eclaration of a /oint o(ner# /oint &ebtor# or other person /ointly intereste& (ith the party. (23a) Se*t)o% -4+ Admission 'y &onspirator. � +he act or &eclaration of a conspirator relatin' to the conspiracy an& &urin' its e.istence# %ay be 'iven in evi&ence a'ainst the co9conspirator after the conspiracy is sho(n by evi&ence other than such act of &eclaration. (2=) Se*t)o% -1+ Admission 'y pri(ies. � 6here one &erives title to property fro% another# the act# &eclaration# or o%ission of the latter# (hile hol&in' the title# in relation to the property# is evi&ence a'ainst the for%er. (28) Se*t)o% -,+ Admission 'y silen&e. � An act or &eclaration %a&e in the presence an& (ithin the hearin' or observation of a party (ho &oes or says nothin' (hen the act or &eclaration is such as naturally to call for action or co%%ent if not true# an& (hen proper an& possible for hi% to &o so# %ay be 'iven in evi&ence a'ainst hi%. (22a) Se*t)o% --+ Confession. � +he &eclaration of an accuse& ackno(le&'in' his 'uilt of the offense char'e&# or of any offense necessarily inclu&e& therein# %ay be 'iven in evi&ence a'ainst hi%. (2>a) .+ Pre()ous Co%1u*t &s E()1e%*e Se*t)o% -.+ Similar a&ts as e(iden&e. � 4vi&ence that one &i& or &i& not &o a certain thin' at one ti%e is not a&%issible to prove that he &i& or &i& not &o the sa%e or si%ilar thin' at another ti%e5 but it %ay be receive& to prove a specific intent or kno(le&'e5 i&entity# plan# syste%# sche%e# habit# custo% or usa'e# an& the like. (18a) Se*t)o% -/+ .na&&epted offer. � An offer in (ritin' to pay a particular su% of %oney or to &eliver a (ritten instru%ent or specific personal property is# if re/ecte& (ithout vali& cause# e<uivalent to the actual pro&uction an& ten&er of the %oney# instru%ent# or property. (1>a) /+ Test)5o%)&' 7%o>'e16e

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Se*t)o% -0+ #estimony generally &onfined to personal /no%ledge5 hearsay e2&luded. � A (itness can testify only to those facts (hich he kno(s of his personal kno(le&'e5 that is# (hich are &erive& fro% his o(n perception# e.cept as other(ise provi&e& in these rules. (20a) 0+ E=*e9t)o%s To The Ae&rs&2 Ru'e Se*t)o% -7+ 1ying de&laration. � +he &eclaration of a &yin' person# %a&e un&er the consciousness of an i%pen&in' &eath# %ay be receive& in any case (herein his &eath is the sub/ect of in<uiry# as evi&ence of the cause an& surroun&in' circu%stances of such &eath. (2-a) Se*t)o% -3+ 1e&laration against interest. � +he &eclaration %a&e by a person &ecease&# or unable to testify# a'ainst the interest of the &eclarant# if the fact is asserte& in the &eclaration (as at the ti%e it (as %a&e so far contrary to &eclarantDs o(n interest# that a reasonable %an in his position (oul& not have %a&e the &eclaration unless he believe& it to be true# %ay be receive& in evi&ence a'ainst hi%self or his successors in interest an& a'ainst thir& persons. (22a) Se*t)o% -9+ A&t or de&laration a'out pedigree. � +he act or &eclaration of a person &ecease&# or unable to testify# in respect to the pe&i'ree of another person relate& to hi% by birth or %arria'e# %ay be receive& in evi&ence (here it occurre& before the controversy# an& the relationship bet(een the t(o persons is sho(n by evi&ence other than such act or &eclaration. +he (or& 8pe&i'ree8 inclu&es relationship# fa%ily 'enealo'y# birth# %arria'e# &eath# the &ates (hen an& the places (here these fast occurre&# an& the na%es of the relatives. !t e%braces also facts of fa%ily history inti%ately connecte& (ith pe&i'ree. (22a) Se*t)o% .4+ 8amily reputation or tradition regarding pedigree. � +he reputation or tra&ition e.istin' in a fa%ily previous to the controversy# in respect to the pe&i'ree of any one of its %e%bers# %ay be receive& in evi&ence if the (itness testifyin' thereon be also a %e%ber of the fa%ily# either by consan'uinity or affinity. 4ntries in fa%ily bibles or other fa%ily books or charts# en'ravin's on rin's# fa%ily portraits an& the like# %ay be receive& as evi&ence of pe&i'ree. (21a) Se*t)o% .1+ Common reputation. � "o%%on reputation e.istin' previous to the controversy# respectin' facts of public or 'eneral interest %ore than thirty years ol&# or respectin' %arria'e or %oral character# %ay be 'iven in evi&ence. Monu%ents an& inscriptions in public places %ay be receive& as evi&ence of co%%on reputation. (25) Se*t)o% .,+ Part of res gestae. � $tate%ents %a&e by a person (hile a startin' occurrence is takin' place or i%%e&iately prior or subse<uent thereto (ith respect to the circu%stances thereof# %ay be 'iven in evi&ence as part of res gestae. $o# also# state%ents acco%panyin' an e<uivocal act %aterial to the issue# an& 'ivin' it a le'al si'nificance# %ay be receive& as part of the res gestae. (23a) Se*t)o% .-+ 0ntries in the &ourse of 'usiness. � 4ntries %a&e at# or near the ti%e of transactions to (hich they refer# by a person &ecease&# or unable to testify# (ho (as in a position to kno( the facts therein state&# %ay be receive& as prima fa&ie evi&ence# if such person %a&e the entries in his professional capacity or in the perfor%ance of &uty an& in the or&inary or re'ular course of business or &uty. (2=a) Se*t)o% ..+ 0ntries in offi&ial re&ords. � 4ntries in official recor&s %a&e in the perfor%ance of his &uty by a public officer of the Philippines# or by a person in the perfor%ance of a &uty specially en/oine& by la(# are prima fa&ie evi&ence of the facts therein state&. (28) Se*t)o% ./+ Commer&ial lists and the li/e. � 4vi&ence of state%ents of %atters of interest to persons en'a'e& in an occupation containe& in a list# re'ister# perio&ical# or other publishe& co%pilation is a&%issible as ten&in' to prove the truth of any relevant %atter so state& if that

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co%pilation is publishe& for use by persons en'a'e& in that occupation an& is 'enerally use& an& relie& upon by the% therein. (2>) Se*t)o% .0+ ;earned treatises. � A publishe& treatise# perio&ical or pa%phlet on a sub/ect of history# la(# science# or art is a&%issible as ten&in' to prove the truth of a %atter state& therein if the court takes /u&icial notice# or a (itness e.pert in the sub/ect testifies# that the (riter of the state%ent in the treatise# perio&ical or pa%phlet is reco'ni0e& in his profession or callin' as e.pert in the sub/ect. (10a) Se*t)o% .7+ #estimony or deposition at a former pro&eeding. � +he testi%ony or &eposition of a (itness &ecease& or unable to testify# 'iven in a for%er case or procee&in'# /u&icial or a&%inistrative# involvin' the sa%e parties an& sub/ect %atter# %ay be 'iven in evi&ence a'ainst the a&verse party (ho ha& the opportunity to cross9e.a%ine hi%. (1-a) 7+ O9)%)o% Ru'e Se*t)o% .3+ 3eneral rule. � +he opinion of (itness is not a&%issible# e.cept as in&icate& in the follo(in' sections. (12) Se*t)o% .9+ )pinion of e2pert %itness. � +he opinion of a (itness on a %atter re<uirin' special kno(le&'e# skill# e.perience or trainin' (hich he sho(n to posses# %ay be receive& in evi&ence. (12a) Se*t)o% /4+ )pinion of ordinary %itnesses. � +he opinion of a (itness for (hich proper basis is 'iven# %ay be receive& in evi&ence re'ar&in' � (a) the i&entity of a person about (ho% he has a&e<uate kno(le&'e5 (b) A han&(ritin' (ith (hich he has sufficient fa%iliarity5 an& (c) +he %ental sanity of a person (ith (ho% he is sufficiently ac<uainte&. +he (itness %ay also testify on his i%pressions of the e%otion# behavior# con&ition or appearance of a person. (11a) 3+ Ch&r&*ter E()1e%*e Se*t)o% /1+ Chara&ter e(iden&e not generally admissi'le5 e2&eptions* � (a) !n "ri%inal "ases* (-) +he accuse& %ay prove his 'oo& %oral character (hich is pertinent to the %oral trait involve& in the offense char'e&. (2) :nless in rebuttal# the prosecution %ay not prove his ba& %oral character (hich is pertinent to the %oral trait involve& in the offense char'e&. (2) +he 'oo& or ba& %oral character of the offen&e& party %ay be prove& if it ten&s to establish in any reasonable &e'ree the probability or i%probability of the offense char'e&. (b) !n "ivil "ases*

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4vi&ence of the %oral character of a party in civil case is a&%issible only (hen pertinent to the issue of character involve& in the case. (c) !n the case provi&e& for in ,ule -22# $ection -1# (13a# 1=a)

RULE 1-1 ;ur1e% of Proof &%1 Presu59t)o%s Se*t)o% 1+ Burden of proof. � )ur&en of proof is the &uty of a party to present evi&ence on the facts in issue necessary to establish his clai% or &efense by the a%ount of evi&ence re<uire& by la(. (-a# 2a) Se*t)o% ,+ Con&lusi(e presumptions. � +he follo(in' are instances of conclusive presu%ptions* (a) 6henever a party has# by his o(n &eclaration# act# or o%ission# intentionally an& &eliberately le& to another to believe a particular thin' true# an& to act upon such belief# he cannot# in any liti'ation arisin' out of such &eclaration# act or o%ission# be per%itte& to falsify it* (b) +he tenant is not per%itte& to &eny the title of his lan&lor& at the ti%e of co%%ence%ent of the relation of lan&lor& an& tenant bet(een the%. (2a) Se*t)o% -+ 1isputa'le presumptions. � +he follo(in' presu%ptions are satisfactory if uncontra&icte&# but %ay be contra&icte& an& overco%e by other evi&ence* (a) +hat a person is innocent of cri%e or (ron'5 (b) +hat an unla(ful act (as &one (ith an unla(ful intent5 (c) +hat a person inten&s the or&inary conse<uences of his voluntary act5 (&) +hat a person takes or&inary care of his concerns5 (e) +hat evi&ence (illfully suppresse& (oul& be a&verse if pro&uce&5 (f) +hat %oney pai& by one to another (as &ue to the latter5 (') +hat a thin' &elivere& by one to another belon'e& to the latter5 (h) +hat an obli'ation &elivere& up to the &ebtor has been pai&5 (i) +hat prior rents or install%ents ha& been pai& (hen a receipt for the later one is pro&uce&5 (/) +hat a person foun& in possession of a thin' taken in the &oin' of a recent (ron'ful act is the taker an& the &oer of the (hole act5 other(ise# that thin's (hich a person possess# or e.ercises acts of o(nership over# are o(ne& by hi%5

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(k) +hat a person in possession of an or&er on hi%self for the pay%ent of the %oney# or the &elivery of anythin'# has pai& the %oney or &elivere& the thin' accor&in'ly5 (l) +hat a person actin' in a public office (as re'ularly appointe& or electe& to it5 (%) +hat official &uty has been re'ularly perfor%e&5 (n) +hat a court# or /u&'e actin' as such# (hether in the Philippines or else(here# (as actin' in the la(ful e.ercise of /uris&iction5 (o) +hat all the %atters (ithin an issue raise& in a case (ere lai& before the court an& passe& upon by it5 an& in like %anner that all %atters (ithin an issue raise& in a &ispute sub%itte& for arbitration (ere lai& before the arbitrators an& passe& upon by the%5 (p) +hat private transactions have been fair an& re'ular5 (<) +hat the or&inary course of business has been follo(e&5 (r) +hat there (as a sufficient consi&eration for a contract5 (s) +hat a ne'otiable instru%ent (as 'iven or in&orse& for a sufficient consi&eration5 (t) +hat an en&orse%ent of ne'otiable instru%ent (as %a&e before the instru%ent (as over&ue an& at the place (here the instru%ent is &ate&5 (u) +hat a (ritin' is truly &ate&5 (v) +hat a letter &uly &irecte& an& %aile& (as receive& in the re'ular course of the %ail5 (() +hat after an absence of seven years# it bein' unkno(n (hether or not the absentee still lives# he is consi&ere& &ea& for all purposes# e.cept for those of succession. +he absentee shall not be consi&ere& &ea& for the purpose of openin' his succession till after an absence of ten years. !f he &isappeare& after the a'e of seventy9five years# an absence of five years shall be sufficient in or&er that his succession %ay be opene&. +he follo(in' shall be consi&ere& &ea& for all purposes inclu&in' the &ivision of the estate a%on' the heirs* (-) A person on boar& a vessel lost &urin' a sea voya'e# or an aircraft (ith is %issin'# (ho has not been hear& of for four years since the loss of the vessel or aircraft5 (2) A %e%ber of the ar%e& forces (ho has taken part in ar%e& hostilities# an& has been %issin' for four years5 (2) A person (ho has been in &an'er of &eath un&er other circu%stances an& (hose e.istence has not been kno(n for four years5 (1) !f a %arrie& person has been absent for four consecutive years# the spouse present %ay contract a subse<uent %arria'e if he or she has (ell9foun&e& belief that the absent spouse is alrea&y &eath. !n case of &isappearance# (here there is a &an'er of &eath the circu%stances hereinabove provi&e&# an absence of only t(o years shall

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be sufficient for the purpose of contractin' a subse<uent %arria'e. ;o(ever# in any case# before %arryin' a'ain# the spouse present %ust institute a su%%ary procee&in's as provi&e& in the @a%ily "o&e an& in the rules for &eclaration of presu%ptive &eath of the absentee# (ithout pre/u&ice to the effect of reappearance of the absent spouse. (.) +hat ac<uiescence resulte& fro% a belief that the thin' ac<uiesce& in (as confor%able to the la( or fact5 (y) +hat thin's have happene& accor&in' to the or&inary course of nature an& or&inary nature habits of life5 (0) +hat persons actin' as copartners have entere& into a contract of copartneship5 (aa) +hat a %an an& (o%an &eportin' the%selves as husban& an& (ife have entere& into a la(ful contract of %arria'e5 (bb) +hat property ac<uire& by a %an an& a (o%an (ho are capacitate& to %arry each other an& (ho live e.clusively (ith each other as husban& an& (ife (ithout the benefit of %arria'e or un&er voi& %arria'e# has been obtaine& by their /oint efforts# (ork or in&ustry. (cc) +hat in cases of cohabitation by a %an an& a (o%an (ho are not capacitate& to %arry each other an& (ho have ac<uire properly throu'h their actual /oint contribution of %oney# property or in&ustry# such contributions an& their correspon&in' shares inclu&in' /oint &eposits of %oney an& evi&ences of cre&it are e<ual. (&&) +hat if the %arria'e is ter%inate& an& the %other contracte& another %arria'e (ithin three hun&re& &ays after such ter%ination of the for%er %arria'e# these rules shall 'overn in the absence of proof to the contrary* (-) A chil& born before one hun&re& ei'hty &ays after the sole%ni0ation of the subse<uent %arria'e is consi&ere& to have been conceive& &urin' such %arria'e# even thou'h it be born (ithin the three hun&re& &ays after the ter%ination of the for%er %arria'e. (2) A chil& born after one hun&re& ei'hty &ays follo(in' the celebration of the subse<uent %arria'e is consi&ere& to have been conceive& &urin' such %arria'e# even thou'h it be born (ithin the three hun&re& &ays after the ter%ination of the for%er %arria'e. (ee) +hat a thin' once prove& to e.ist continues as lon' as is usual (ith thin's of the nature5 (ff) +hat the la( has been obeye&5 ('') +hat a printe& or publishe& book# purportin' to be printe& or publishe& by public authority# (as so printe& or publishe&5 (hh) +hat a printe& or publishe& book# purportin' contain reports of cases a&/u&'e& in tribunals of the country (here the book is publishe&# contains correct reports of such cases5 (ii) +hat a trustee or other person (hose &uty it (as to convey real property to a particular person has actually conveye& it to hi% (hen such presu%ption is necessary to perfect the title of such person or his successor in interest5

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(//) +hat e.cept for purposes of succession# (hen t(o persons perish in the sa%e cala%ity# such as (reck# battle# or confla'ration# an& it is not sho(n (ho &ie& first# an& there are no particular circu%stances fro% (hich it can be inferre&# the survivorship is &eter%ine& fro% the probabilities resultin' fro% the stren'th an& the a'e of the se.es# accor&in' to the follo(in' rules* -. !f both (ere un&er the a'e of fifteen years# the ol&er is &ee%e& to have survive&5 2. !f both (ere above the a'e si.ty# the youn'er is &ee%e& to have survive&5 2. !f one is un&er fifteen an& the other above si.ty# the for%er is &ee%e& to have survive&5 1. !f both be over fifteen an& un&er si.ty# an& the se. be &ifferent# the %ale is &ee%e& to have survive&# if the se. be the sa%e# the ol&er5 5. !f one be un&er fifteen or over si.ty# an& the other bet(een those a'es# the latter is &ee%e& to have survive&. (kk) +hat if there is a &oubt# as bet(een t(o or %ore persons (ho are calle& to succee& each other# as to (hich of the% &ie& first# (hoever alle'es the &eath of one prior to the other# shall prove the sa%e5 in the absence of proof# they shall be consi&ere& to have &ie& at the sa%e ti%e. (5a) Se*t)o% .+ No presumption of legitima&y or illegitima&y. � +here is no presu%ption of le'iti%acy of a chil& born after three hun&re& &ays follo(in' the &issolution of the %arria'e or the separation of the spouses. 6hoever alle'es the le'iti%acy or ille'iti%acy of such chil& %ust prove his alle'ation. (3)

RULE 1-, Prese%t&t)o% of E()1e%*e A+ ECAMINATION OF :ITNESSES Se*t)o% 1+ 02amination to 'e done in open &ourt. � +he e.a%ination of (itnesses presente& in a trial or hearin' shall be &one in open court# an& un&er oath or affir%ation. :nless the (itness is incapacitate& to speak# or the <uestions calls for a &ifferent %o&e of ans(er# the ans(ers of the (itness shall be 'iven orally. (-a) Se*t)o% ,+ Pro&eedings to 'e re&orded. � +he entire procee&in's of a trial or hearin'# inclu&in' the <uestions propoun&e& to a (itness an& his ans(ers thereto# the state%ents %a&e by the /u&'e or any of the parties# counsel# or (itnesses (ith reference to the case# shall be recor&e& by %eans of shorthan& or stenotype or by other %eans of recor&in' foun& suitable by the court. A transcript of the recor& of the procee&in's %a&e by the official steno'rapher# stenotypist or recor&er an& certifie& as correct by hi% shall be &ee%e& prima fa&ie a correct state%ent of such procee&in's. (2a) Se*t)o% -+ Rights and o'ligations of a %itness. � A (itness %ust ans(er <uestions# althou'h his ans(er %ay ten& to establish a clai% a'ainst hi%. ;o(ever# it is the ri'ht of a (itness*

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(-) +o be protecte& fro% irrelevant# i%proper# or insultin' <uestions# an& fro% harsh or insultin' &e%eanor5 (2) ?ot to be &etaine& lon'er than the interests of /ustice re<uire5 (2) ?ot to be e.a%ine& e.cept only as to %atters pertinent to the issue5 (1) ?ot to 'ive an ans(er (hich (ill ten& to sub/ect hi% to a penalty for an offense unless other(ise provi&e& by la(5 or (5) ?ot to 'ive an ans(er (hich (ill ten& to &e'ra&e his reputation# unless it to be the very fact at issue or to a fact fro% (hich the fact in issue (oul& be presu%e&. )ut a (itness %ust ans(er to the fact of his previous final conviction for an offense. (2a# ->a) Se*t)o% .+ )rder in the e2amination of an indi(idual %itness. � +he or&er in (hich the in&ivi&ual (itness %ay be e.a%ine& is as follo(s5 (a) Eirect e.a%ination by the proponent5 (b) "ross9e.a%ination by the opponent5 (c) ,e9&irect e.a%ination by the proponent5 (&) ,e9cross9e.a%ination by the opponent. (1) Se*t)o% /+ 1ire&t e2amination. � Eirect e.a%ination is the e.a%ination9in9chief of a (itness by the party presentin' hi% on the facts relevant to the issue. (5a) Se*t)o% 0+ Cross-e2amination@ its purpose and e2tent. � :pon the ter%ination of the &irect e.a%ination# the (itness %ay be cross9e.a%ine& by the a&verse party as to %any %atters state& in the &irect e.a%ination# or connecte& there(ith# (ith sufficient fullness an& free&o% to test his accuracy an& truthfulness an& free&o% fro% interest or bias# or the reverse# an& to elicit all i%portant facts bearin' upon the issue. (8a) Se*t)o% 7+ Re-dire&t e2amination@ its purpose and e2tent. � After the cross9e.a%ination of the (itness has been conclu&e&# he %ay be re9e.a%ine& by the party callin' hi%# to e.plain or supple%ent his ans(ers 'iven &urin' the cross9e.a%ination. 7n re9&irect9e.a%ination# <uestions on %atters not &ealt (ith &urin' the cross9e.a%ination# %ay be allo(e& by the court in its &iscretion. (-2) Se*t)o% 3+ Re-&ross-e2amination. � :pon the conclusion of the re9&irect e.a%ination# the a&verse party %ay re9cross9e.a%ine the (itness on %atters state& in his re9&irect e.a%ination# an& also on such other %atters as %ay be allo(e& by the court in its &iscretion. (-2) Se*t)o% 9+ Re&alling %itness. � After the e.a%ination of a (itness by both si&es has been conclu&e&# the (itness cannot be recalle& (ithout leave of the court. +he court (ill 'rant or (ithhol& leave in its &iscretion# as the interests of /ustice %ay re<uire. (-1) Se*t)o% 14+ ;eading and misleading :uestions. � A <uestion (hich su''ests to the (itness the ans(er (hich the e.a%inin' party &esires is a lea&in' <uestion. !t is not allo(e&# e.cept* (a) 7n cross e.a%ination5

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(b) 7n preli%inary %atters5 (c) 6hen there is a &ifficulty is 'ettin' &irect an& intelli'ible ans(ers fro% a (itness (ho is i'norant# or a chil& of ten&er years# or is of feeble %in&# or a &eaf9%ute5 (&) 7f an un(illin' or hostile (itness5 or (e) 7f a (itness (ho is an a&verse party or an officer# &irector# or %ana'in' a'ent of a public or private corporation or of a partnership or association (hich is an a&verse party. A %islea&in' <uestion is one (hich assu%es as true a fact not yet testifie& to by the (itness# or contrary to that (hich he has previously state&. !t is not allo(e&. (5a# 3a# an& 8a) Se*t)o% 11+ $mpea&hment of ad(erse party>s %itness. � A (itness %ay be i%peache& by the party a'ainst (ho% he (as calle&# by contra&ictory evi&ence# by evi&ence that his 'eneral reputation for truth# honestly# or inte'rity is ba&# or by evi&ence that he has %a&e at other ti%es state%ents inconsistent (ith his present# testi%ony# but not by evi&ence of particular (ron'ful acts# e.cept that it %ay be sho(n by the e.a%ination of the (itness# or the recor& of the /u&'%ent# that he has been convicte& of an offense. (-5) Se*t)o% 1,+ Party may not impea&h his o%n %itness. � 4.cept (ith respect to (itnesses referre& to in para'raphs (&) an& (e) of $ection -0# the party pro&ucin' a (itness is not allo(e& to i%peach his cre&ibility. A (itness %ay be consi&ere& as un(illin' or hostile only if so &eclare& by the court upon a&e<uate sho(in' of his a&verse interest# un/ustifie& reluctance to testify# or his havin' %isle& the party into callin' hi% to the (itness stan&. +he un(illin' or hostile (itness so &eclare&# or the (itness (ho is an a&verse party# %ay be i%peache& by the party presentin' hi% in all respects as if he ha& been calle& by the a&verse party# e.cept by evi&ence of his ba& character. ;e %ay also be i%peache& an& cross9e.a%ine& by the a&verse party# but such cross9e.a%ination %ust only be on the sub/ect %atter of his e.a%ination9in9 chief. (3a# =a) Se*t)o% 1-+ 7o% %itness impea&hed 'y e(iden&e of in&onsistent statements. � )efore a (itness can be i%peache& by evi&ence that he has %a&e at other ti%es state%ents inconsistent (ith his present testi%ony# the state%ents %ust be relate& to hi%# (ith the circu%stances of the ti%es an& places an& the persons present# an& he %ust be aske& (hether he %a&e such state%ents# an& if so# allo(e& to e.plain the%. !f the state%ents be in (ritin' they %ust be sho(n to the (itness before any <uestion is put to hi% concernin' the%. (-3) Se*t)o% 1.+ 0(iden&e of good &hara&ter of %itness. � 4vi&ence of the 'oo& character of a (itness is not a&%issible until such character has been i%peache&. (-=) Se*t)o% 1/+ 02&lusion and separation of %itnesses. � 7n any trial or hearin'# the /u&'e %ay e.clu&e fro% the court any (itness not at the ti%e un&er e.a%ination# so that he %ay not hear the testi%ony of other (itnesses. +he /u&'e %ay also cause (itnesses to be kept separate an& to be prevente& fro% conversin' (ith one another until all shall have been e.a%ine&. (-8) Se*t)o% 10+ ,hen %itness may refer to memorandum. � A (itness %ay be allo(e& to refresh his %e%ory respectin' a fact# by anythin' (ritten or recor&e& by hi%self or un&er his &irection at the ti%e (hen the fact occurre&# or i%%e&iately thereafter# or at any other ti%e (hen the fact (as fresh in his %e%ory an& kne( that the sa%e (as correctly (ritten or recor&e&5 but in such case the (ritin' or recor& %ust be pro&uce& an& %ay be inspecte& by the a&verse party# (ho %ay# if he chooses# cross

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e.a%ine the (itness upon it# an& %ay rea& it in evi&ence. $o# also# a (itness %ay testify fro% such (ritin' or recor&# thou'h he retain no recollection of the particular facts# if he is able to s(ear that the (ritin' or recor& correctly state& the transaction (hen %a&e5 but such evi&ence %ust be receive& (ith caution. (-0a) Se*t)o% 17+ ,hen part of transa&tion, %riting or re&ord gi(en in e(iden&e, the remainder, the remainder admissi'le. � 6hen part of an act# &eclaration# conversation# (ritin' or recor& is 'iven in evi&ence by one party# the (hole of the sa%e sub/ect %ay be in<uire& into by the other# an& (hen a &etache& act# &eclaration# conversation# (ritin' or recor& is 'iven in evi&ence# any other act# &eclaration# conversation# (ritin' or recor& necessary to its un&erstan&in' %ay also be 'iven in evi&ence. (--a) Se*t)o% 13+ Right to respe&t %riting sho%n to %itness. � 6henever a (ritin' is sho(n to a (itness# it %ay be inspecte& by the a&verse party. (>a) ;+ AUTAENTICATION AND PROOF OF DOCUMENTS Se*t)o% 19+ Classes of 1o&uments. � @or the purpose of their presentation evi&ence# &ocu%ents are either public or private. Public &ocu%ents are* (a) +he (ritten official acts# or recor&s of the official acts of the soverei'n authority# official bo&ies an& tribunals# an& public officers# (hether of the Philippines# or of a forei'n country5 (b) Eocu%ents ackno(le&'e before a notary public e.cept last (ills an& testa%ents5 an& (c) Public recor&s# kept in the Philippines# of private &ocu%ents re<uire& by la( to the entere& therein. All other (ritin's are private. (20a) Se*t)o% ,4+ Proof of pri(ate do&ument. � )efore any private &ocu%ent offere& as authentic is receive& in evi&ence# its &ue e.ecution an& authenticity %ust be prove& either* (a) )y anyone (ho sa( the &ocu%ent e.ecute& or (ritten5 or (b) )y evi&ence of the 'enuineness of the si'nature or han&(ritin' of the %aker. Any other private &ocu%ent nee& only be i&entifie& as that (hich it is clai%e& to be. (2-a) Se*t)o% ,1+ ,hen e(iden&e of authenti&ity of pri(ate do&ument not ne&essary. � 6here a private &ocu%ent is %ore than thirty years ol&# is pro&uce& fro% the custo&y in (hich it (oul& naturally be foun& if 'enuine# an& is unble%ishe& by any alterations or circu%stances of suspicion# no other evi&ence of its authenticity nee& be 'iven. (22a) Se*t)o% ,,+ 7o% genuineness of hand%riting pro(ed. � +he han&(ritin' of a person %ay be prove& by any (itness (ho believes it to be the han&(ritin' of such person because he has seen the person (rite# or has seen (ritin' purportin' to be his upon (hich the (itness has acte& or been char'e&# an& has thus ac<uire& kno(le&'e of the han&(ritin' of such person. 4vi&ence respectin' the han&(ritin' %ay also be 'iven by a co%parison# %a&e by the (itness or the court# (ith (ritin's a&%itte& or treate& as 'enuine by the party a'ainst (ho% the evi&ence is offere&# or prove& to be 'enuine to the satisfaction of the /u&'e. (22a)

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Se*t)o% ,-+ Pu'li& do&uments as e(iden&e. � Eocu%ents consistin' of entries in public recor&s %a&e in the perfor%ance of a &uty by a public officer are prima fa&ie evi&ence of the facts therein state&. All other public &ocu%ents are evi&ence# even a'ainst a thir& person# of the fact (hich 'ave rise to their e.ecution an& of the &ate of the latter. (21a) Se*t)o% ,.+ Proof of offi&ial re&ord. � +he recor& of public &ocu%ents referre& to in para'raph (a) of $ection -># (hen a&%issible for any purpose# %ay be evi&ence& by an official publication thereof or by a copy atteste& by the officer havin' the le'al custo&y of the recor&# or by his &eputy# an& acco%panie&# if the recor& is not kept in the Philippines# (ith a certificate that such officer has the custo&y. !f the office in (hich the recor& is kept is in forei'n country# the certificate %ay be %a&e by a secretary of the e%bassy or le'ation# consul 'eneral# consul# vice consul# or consular a'ent or by any officer in the forei'n service of the Philippines statione& in the forei'n country in (hich the recor& is kept# an& authenticate& by the seal of his office. (25a) Se*t)o% ,/+ ,hat attestation of &opy must state. � 6henever a copy of a &ocu%ent or recor& is atteste& for the purpose of evi&ence# the attestation %ust state# in substance# that the copy is a correct copy of the ori'inal# or a specific part thereof# as the case %ay be. +he attestation %ust be un&er the official seal of the attestin' officer# if there be any# or if he be the clerk of a court havin' a seal# un&er the seal of such court. (23a) Se*t)o% ,0+ $rremo(a'ility of pu'li& re&ord. � Any public recor&# an official copy of (hich is a&%issible in evi&ence# %ust not be re%ove& fro% the office in (hich it is kept# e.cept upon or&er of a court (here the inspection of the recor& is essential to the /ust &eter%ination of a pen&in' case. (2=a) Se*t)o% ,7+ Pu'li& re&ord of a pri(ate do&ument. � An authori0e& public recor& of a private &ocu%ent %ay be prove& by the ori'inal recor&# or by a copy thereof# atteste& by the le'al custo&ian of the recor&# (ith an appropriate certificate that such officer has the custo&y. (28a) Se*t)o% ,3+ Proof of la&/ of re&ord. � A (ritten state%ent si'ne& by an officer havin' the custo&y of an official recor& or by his &eputy that after &ili'ent search no recor& or entry of a specifie& tenor is foun& to e.ist in the recor&s of his office# acco%panie& by a certificate as above provi&e&# is a&%issible as evi&ence that the recor&s of his office contain no such recor& or entry. (2>) Se*t)o% ,9+ 7o% +udi&ial re&ord impea&hed. � Any /u&icial recor& %ay be i%peache& by evi&ence of* (a) (ant of /uris&iction in the court or /u&icial officer# (b) collusion bet(een the parties# or (c) frau& in the party offerin' the recor&# in respect to the procee&in's. (20a) Se*t)o% -4+ Proof of notarial do&uments. � 4very instru%ent &uly ackno(le&'e& or prove& an& certifie& as provi&e& by la(# %ay be presente& in evi&ence (ithout further proof# the certificate of ackno(le&'%ent bein' prima fa&ie evi&ence of the e.ecution of the instru%ent or &ocu%ent involve&. (2-a) Se*t)o% -1+ Alteration in do&ument, ho% to e2plain. � +he party pro&ucin' a &ocu%ent as 'enuine (hich has been altere& an& appears to have been altere& after its e.ecution# in a part %aterial to the <uestion in &ispute# %ust account for the alteration. ;e %ay sho( that the alteration (as %a&e by another# (ithout his concurrence# or (as %a&e (ith the consent of the parties affecte& by it# or (as other(ise properly or innocent %a&e# or that the alteration &i& not chan'e the %eanin' or lan'ua'e of the instru%ent. !f he fails to &o that# the &ocu%ent shall not be a&%issible in evi&ence. (22a) Se*t)o% -,+ Seal. � +here shall be no &ifference bet(een seale& an& unseale& private &ocu%ents insofar as their a&%issibility as evi&ence is concerne&. (22a)

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Se*t)o% --+ 1o&umentary e(iden&e in an unoffi&ial language. � Eocu%ents (ritten in an unofficial lan'ua'e shall not be a&%itte& as evi&ence# unless acco%panie& (ith a translation into 4n'lish or @ilipino. +o avoi& interruption of procee&in's# parties or their attorneys are &irecte& to have such translation prepare& before trial. (21a) C+ OFFER AND O;"ECTION Se*t)o% -.+ )ffer of e(iden&e. � +he court shall consi&er no evi&ence (hich has not been for%ally offere&. +he purpose for (hich the evi&ence is offere& %ust be specifie&. (25) Se*t)o% -/+ ,hen to ma/e offer. � As re'ar&s the testi%ony of a (itness# the offer %ust be %a&e at the ti%e the (itness is calle& to testify. Eocu%entary an& ob/ect evi&ence shall be offere& after the presentation of a partyDs testi%onial evi&ence. $uch offer shall be &one orally unless allo(e& by the court to be &one in (ritin'. (n) Se*t)o% -0+ )'+e&tion. � 7b/ection to evi&ence offere& orally %ust be %a&e i%%e&iately after the offer is %a&e. 7b/ection to a <uestion propoun&e& in the course of the oral e.a%ination of a (itness shall be %a&e as soon as the 'roun&s therefor shall beco%e reasonably apparent. An offer of evi&ence in (ritin' shall be ob/ecte& to (ithin three (2) &ays after notice of the unless a &ifferent perio& is allo(e& by the court. !n any case# the 'roun&s for the ob/ections %ust be specifie&. (23a) Se*t)o% -7+ ,hen repetition of o'+e&tion unne&essary. � 6hen it beco%es reasonably apparent in the course of the e.a%ination of a (itness that the <uestion bein' propoun&e& are of the sa%e class as those to (hich ob/ection has been %a&e# (hether such ob/ection (as sustaine& or overrule&# it shall not be necessary to repeat the ob/ection# it bein' sufficient for the a&verse party to recor& his continuin' ob/ection to such class of <uestions. (2=a) Se*t)o% -3+ Ruling. � +he rulin' of the court %ust be 'iven i%%e&iately after the ob/ection is %a&e# unless the court &esires to take a reasonable ti%e to infor% itself on the <uestion presente&5 but the rulin' shall al(ays be %a&e &urin' the trial an& at such ti%e as (ill 'ive the party a'ainst (ho% it is %a&e an opportunity to %eet the situation presente& by the rulin'. +he reason for sustainin' or overrulin' an ob/ection nee& not be state&. ;o(ever# if the ob/ection is base& on t(o or %ore 'roun&s# a rulin' sustainin' the ob/ection on one or so%e of the% %ust specify the 'roun& or 'roun&s relie& upon. (28a) Se*t)o% -9+ Stri/ing out ans%er. � $houl& a (itness ans(er the <uestion before the a&verse party ha& the opportunity to voice fully its ob/ection to the sa%e# an& such ob/ection is foun& to be %eritorious# the court shall sustain the ob/ection an& or&er the ans(er 'iven to be stricken off the recor&. 7n proper %otion# the court %ay also or&er the strikin' out of ans(ers (hich are inco%petent# irrelevant# or other(ise i%proper. (n) Se*t)o% .4+ #ender of e2&luded e(iden&e. � !f &ocu%ents or thin's offere& in evi&ence are e.clu&e& by the court# the offeror %ay have the sa%e attache& to or %a&e part of the recor&. !f the

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evi&ence e.clu&e& is oral# the offeror %ay state for the recor& the na%e an& other personal circu%stances of the (itness an& the substance of the propose& testi%ony. (n)

RULE 1-:e)6ht &%1 Suff)*)e%*2 of E()1e%*e Se*t)o% 1+ Preponderan&e of e(iden&e, ho% determined. � !n civil cases# the party havin' bur&en of proof %ust establish his case by a prepon&erance of evi&ence. !n &eter%inin' (here the prepon&erance or superior (ei'ht of evi&ence on the issues involve& lies# the court %ay consi&er all the facts an& circu%stances of the case# the (itnessesD %anner of testifyin'# their intelli'ence# their %eans an& opportunity of kno(in' the facts to (hich there are testifyin'# the nature of the facts to (hich they testify# the probability or i%probability of their testi%ony# their interest or (ant of interest# an& also their personal cre&ibility so far as the sa%e %ay le'iti%ately appear upon the trial. +he court %ay also consi&er the nu%ber of (itnesses# thou'h the prepon&erance is not necessarily (ith the 'reater nu%ber. (-a) Se*t)o% ,+ Proof 'eyond reasona'le dou't. � !n a cri%inal case# the accuse& is entitle& to an ac<uittal# unless his 'uilt is sho(n beyon& reasonable &oubt. Proof beyon& reasonable &oubt &oes not %ean such a &e'ree of proof# e.clu&in' possibility of error# pro&uces absolute certainly. Moral certainly only is re<uire&# or that &e'ree of proof (hich pro&uces conviction in an unpre/u&ice& %in&. (2a) Se*t)o% -+ 02tra+udi&ial &onfession, not suffi&ient ground for &on(i&tion. � An e.tra/u&icial confession %a&e by an accuse&# shall not be sufficient 'roun& for conviction# unless corroborate& by evi&ence of &orpus deli&ti. (2) Se*t)o% .+ Cir&umstantial e(iden&e, %hen suffi&ient. � "ircu%stantial evi&ence is sufficient for conviction if* (a) +here is %ore than one circu%stances5 (b) +he facts fro% (hich the inferences are &erive& are proven5 an& (c) +he co%bination of all the circu%stances is such as to pro&uce a conviction beyon& reasonable &oubt. (5) Se*t)o% /+ Su'stantial e(iden&e. � !n cases file& before a&%inistrative or <uasi9/u&icial bo&ies# a fact %ay be &ee%e& establishe& if it is supporte& by substantial evi&ence# or that a%ount of relevant evi&ence (hich a reasonable %in& %i'ht accept as a&e<uate to /ustify a conclusion. (n) Se*t)o% 0+ Po%er of the &ourt to stop further e(iden&e. � +he court %ay stop the intro&uction of further testi%ony upon any particular point (hen the evi&ence upon it is alrea&y so full that %ore (itnesses to the sa%e point cannot be reasonably e.pecte& to be a&&itionally persuasive. )ut this po(er shoul& be e.ercise& (ith caution. (3) Se*t)o% 7+ 0(iden&e on motion. � 6hen a %otion is base& on facts not appearin' of recor& the court %ay hear the %atter on affi&avits or &epositions presente& by the respective parties# but the court %ay &irect that the %atter be hear& (holly or partly on oral testi%ony or &epositions. (=)

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RULE 1-. 1 Per9etu&t)o% of Test)5o%2 Se*t)o% 1+ Petition. � A person (ho &esires to perpetuate his o(n testi%ony or that of another person re'ar&in' any %atter that %ay be co'ni0able in any court of the Philippines# any file a verifie& petition in the court of the province of the resi&ence of any e.pecte& a&verse party. Se*t)o% ,+ Contents of petition. � +he petition shall be entitle& in the na%e of the petitioner an& shall sho(* (a) that the petitioner e.pects to be a party to an action in a court of the Philippines by is presently unable to brin' it or cause it to be brou'ht5 (b) the sub/ect %atter of the e.pecte& action an& his interest therein5 (c) the facts (hich he &esires to establish by the propose& testi%ony an& his reasons for &esirin' to perpetuate it5 (&) the na%es of a &escription of the persons he e.pects (ill be a&verse parties an& their a&&resses so far as kno(n5 an& (e) the na%es an& a&&resses of the persons to be e.a%ine& an& the substance of the testi%ony (hich he e.pects to elicit fro% each# an& shall ask for an or&er authori0in' the petitioner to take the &epositions of the persons to be e.a%ine& na%e& in the petition for the purpose of perpetuatin' their testi%ony. Se*t)o% -+ Noti&e and ser(i&e. � +he petitioner shall thereafter serve a notice upon each person na%e& in the petition as an e.pecte& a&verse party# to'ether (ith a copy of a petition# statin' that the petitioner (ill apply to the court# at a ti%e an& place na%e& therein# for the or&er &escribe& in the petition. At least t(enty (20) &ays before the &ate of hearin' the notice shall be serve& in the %anner provi&e& for service of su%%ons. Se*t)o% .+ )rder of e2amination. � !f the court is satisfie& that the perpetuation of the testi%ony %ay prevent a failure or &elay of /ustice# it shall %ake an or&er &esi'natin' or &escribin' the persons (hose &eposition %ay be taken an& specifyin' the sub/ect %atter of the e.a%ination# an& (hether the &epositions shall be taken upon oral e.a%ination or (ritten interro'atories. +he &epositions %ay then be taken in accor&ance (ith ,ule 21 before the hearin'. Se*t)o% /+ Referen&e to &ourt. � @or the purpose of applyin' ,ule 21 to &epositions for perpetuatin' testi%ony# each reference therein to the court in (hich the action is pen&in' shall be &ee%e& to refer to the court in (hich the petition for such &eposition (as file&. Se*t)o% 0+ .se of deposition. � !f a &eposition to perpetuate testi%ony is taken un&er this rule# or if# althou'h not so taken# it (oul& be a&%issible in evi&ence# it %ay be use& in any action involvin' the sa%e sub/ect %atter subse<uently brou'ht in accor&ance (ith the provisions of $ections 1 an& 5 of ,ule 21. Se*t)o% 7+ 1epositions pending appeal. � !f an appeal has been taken fro% a /u&'%ent of the ,e'ional +rial "ourt or before the takin' of an appeal if the ti%e therefor has not e.pire&# the ,e'ional +rial "ourt in (hich the /u&'%ent (as ren&ere& %ay allo( the takin' of &epositions of (itnesses to perpetuate their testi%ony for use in the event of further procee&in's in the sai& court. !n such case the party (ho &esires to perpetuate the testi%ony %ay %ake a %otion in the sai& ,e'ional +rial "ourt for leave to take the &epositions# upon the sa%e notice an& service thereof as if the action (as pen&in' therein. +he %otion shall sho( (a) the na%e an& the a&&resses of the persons to be e.a%ine& an& the substance of the testi%ony (hich he e.pects to elicit fro% each5 an& (b) the reason for perpetuatin' their testi%ony. !f the court fin&s that the perpetuation of the testi%ony is proper to avoi& a failure or &elay of /ustice# it %ay %ake an or&er allo(in' the &epositions to be taken# an& thereupon the &epositions %ay be taken an& use& in the sa%e %anner an& un&er the sa%e con&itions as are prescribe& in these rules for &epositions taken in actions pen&in' in the ,e'ional +rial "ourt. (=a) Foot%ote

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+his rule (ill be transpose& to Part - of the ,ules of "ourt on Eeposition an& Eiscovery. RULE 1-/ Po>ers &%1 Dut)es of Courts &%1 "u1)*)&' Off)*ers

Se*t)o% 1+ Courts al%ays open@ +usti&e to 'e promptly and impartially administered. � "ourts of /ustice shall al(ays be open# e.cept on le'al holi&ays# for the filin' of any plea&in'# %otion or other papers# for the trial of cases# hearin' of %otions# an& for the issuance of or&ers or ren&ition of /u&'%ents. Justice shall be i%partially a&%inistere& (ithout unnecessary &elay. Se* ,+ Pu'li&ity of pro&eedings and re&ords. � +he sittin' of every court of /ustice shall be public# but any court %ay# in its &iscretion# e.clu&e the public (hen the evi&ence to be a&&uce& is of such nature as to re<uire their e.clusion in the interest of %orality or &ecency. +he recor&s of every court of /ustice shall be public recor&s an& shall be available for the inspection of any intereste& person# at all proper business hours# un&er the supervision of the clerk havin' custo&y of such recor&s# unless the court shall# in any special case# have forbi&&en their publicity# in the interest of %orality or &ecency. Se*t)o% -+ Pro&ess of superior &ourts enfor&ed throughout the Philippines. � Process issue& fro% a superior court in (hich a case is pen&in' to brin' in a &efen&ant# or for the arrest of any accuse& person# or to e.ecute any or&er or /u&'%ent of the court# %ay be enforce& in any part of the Philippines. Se*t)o% .+ Pro&ess of inferior &ourts. � +he process of inferior courts shall be enforceable (ithin the province (here the %unicipality or city lies. !t shall not be serve& outsi&e the boun&aries of the province in (hich they are co%pro%ise& e.cept (ith the approval of the /u&'e of first instance of sai& province# an& only in the follo(in' cases* (a) 6hen an or&er for the &elivery of personal property lyin' outsi&e the province is to be co%plie& (ith5 (b) 6hen an attach%ent of real or personal property lyin' outsi&e the province is to be %a&e5 (c) 6hen the action is a'ainst t(o or %ore &efen&ants resi&in' in &ifferent provinces5 an& (&) 6hen the place (here the case has been brou'ht is that specifie& in a contract in (ritin' bet(een the parties# or is the place of the e.ecution of such contract as appears therefro%. 6rits of e.ecution issue& by inferior courts %ay be enforce& in any part of the part of the Philippines (ithout any previous approval of the /u&'e of first instance. "ri%inal process %ay be issue& by a /ustice of the peace or other inferior court# to be serve& outsi&e his province# (hen the &istrict /u&'e# or in his absence the provincial fiscal# shall certify that in his opinion the interest of /ustice re<uire such service. Se*t)o% /+ $nherent po%ers of &ourt. � 4very court shall have po(er* (a) +o preserve an& enforce or&er in its i%%e&iate presence5

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(b) +o enforce or&er in procee&in's before it# or before a person or persons e%po(ere& to con&uct a /u&icial investi'ation un&er its authority5 (c) +o co%pel obe&ience to its /u&'%ents# or&ers an& processes# an& to the la(ful or&ers of a /u&'e out of court# in a case pen&in' therein5 (&) +o control# in furtherance of /ustice# the con&uct of its %inisterial officers# an& of all other persons in any %anner connecte& (ith a case before it# in every %anner appertainin' thereto5 (e) +o co%pel the atten&ance of persons to testify in a case pen&in' therein5 (f) +o a&%inister or cause to be a&%inistere& oaths in a case pen&in' therein# an& in all other cases (here it %ay be necessary in the e.ercise of its po(ers5 (') +o a%en& an& control its process an& or&ers so as to %ake the% confor%able to la( an& /ustice5 (h) +o authori0e a copy of a lost or &estroye& plea&in' or other paper to be file& an& use& instea& of the ori'inal# an& to restore# an& supply &eficiencies in its recor&s an& procee&in's. Se*t)o% 0+ Means to &arry +urisdi&tion into effe&t. � 6hen by la( /uris&iction is conferre& on a court or /u&icial officer# all au.iliary (rits# processes an& other %eans necessary to carry it into effect %ay be e%ploye& by such court or officer5 an& if the proce&ure to be follo(e& in the e.ercise of such /uris&iction is not specifically pointe& out by la( or by these rules# any suitable process or %o&e of procee&in' %ay be a&opte& (hich appears co%fortable to the spirit of the sai& la( or rules. Se*t)o% 7+ #rials and hearings@ orders in &ham'ers. � All trials upon the %erits shall be con&ucte& in open court an& so far as convenient in a re'ular court roo%. All other acts or procee&in' %ay be &one or con&ucte& by a /u&'e in cha%bers# (ithout the atten&ance of the clerk or other court officials. Se*t)o% 3+ $nterlo&utory orders out of pro(in&e. � A /u&'e of first instance shall have po(er to hear an& &eter%ine# (hen (ithin the &istrict thou'h (ithout his province# any interlocutory %otion or issue after &ue an& reasonable notice to the parties. 7n the filin' of a petition for the (rit of ha'eas &orpus or for release upon bail or re&uction of bail in any "ourt of @irst !nstance# the hearin's %ay be ha& at any place in the /u&icial &istrict (hich the /u&'e shall &ee% convenient. Se*t)o% 9+ Signing +udgments out of pro(in&e. � 6henever a /u&'e appointe& or assi'ne& in any province or branch of a "ourt of @irst !nstance in a province shall leave the province by transfer or assi'n%ent to another court of e<ual /uris&iction# or by e.piration of his te%porary assi'n%ent# (ithout havin' &eci&e& a case totally hear& by hi% an& (hich (as ar'ue& or an opportunity 'iven for ar'u%ent to the parties or their counsel# it shall be la(ful for hi% to prepare an& si'n his &ecision in sai& case any(here (ithin the Philippines. ;e shall sen& the sa%e by re'istere& %ail to the clerk of the court (here the case (as hear& or ar'ue& to be file& therein as of the &ate (hen the sa%e (as receive& by the clerk# in the sa%e %anner as if he ha& been present in court to &irect the filin' of the /u&'%ent. !f a case has been hear& only in part# the $upre%e "ourt# upon petition of any of the parties to the case an& the reco%%en&ation of the respective &istrict /u&'e# %ay also authori0e the /u&'e (ho has partly hear& the case# if no other /u&'e ha& hear& the case in part# to continue hearin' an& to &eci&e sai& case not(ithstan&in' his transfer or appoint%ent to another court of e<ual /uris&iction. +he FRULE 1-0

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Court Re*or1 &%1 $e%er&' Dut)es of C'er8 &%1 Ste%o6r&9hers

Se*t)o% 1+ Arms and great seal of &ourt. � +he ar%s an& 'reat seal of the $upre%e "ourt are these* Arms � Pale(ays of t(o pieces a0ure an& gules superi%pose& a balance or center (ith t(o tablets containin' the co%%an&%ents of Ao& or on either si&e5 a chief argent (ith three %ullets or e<ui&istant fro% each other5 in point of honor# avoi& argent over all the sun rayonant or (ith ei'ht %a/or an& %inor rays. +he 'reat seal of the $upre%e "ourt shall be circular in for%# (ith the ar%s as &escribe& in the last prece&in' para'raph an& a scroll ar'ent (ith the follo(in' inscriptions* ;e2 Populus:ue# an& surroun&in' the (hole a 'arlan& of laurel leaves5 in or aroun& the 'arlan& the te.t 8$upre%e "ourt# ,epublic of the Philippines.8 +he ar%s an& the seal of the "ourt of Appeals shall be the sa%e as that of the $upre%e "ourt (ith the only &ifference that in the seal shall bear aroun& the 'arlan& an& te.t 8"ourt of Appeals# ,epublic of the Philippines.8 +he ar%s an& the seal of the "ourt of @irst !nstance shall be the sa%e as that of the $upre%e "ourt (ith the only &ifference that in the seal shall bear aroun& the 'arlan& an& te.t 8"ourt of @irst !nstance# the na%e of the province# ,epublic of the Philippines.8 Se*t)o% ,+ Style of pro&ess. � Process shall be un&er the seal of the court fro% (hich it issues# be staye& 8,epublic of the Philippines# Province or "ity of . . . . . . . . . . . . . . . .8 to be si'ne& by the clerk an& bear &ate the &ay it actually issue&. Se*t)o% -+ Cler/>s offi&e. � +he clerkDs office# (ith the clerk or his &eputy in atten&ance# shall be open &urin' business hours on all &ays e.cept $un&ays an& le'al holi&ays. +he clerk of the $upre%e "ourt an& that of the "ourt of Appeals shall keep office at Manila an& all papers authori0e& or re<uire& to be file& therein shall be file& at Manila. Se*t)o% .+ $ssuan&e 'y &ler/ of pro&ess. � +he clerk of a superior court shall issue un&er the seal of the court all or&inary (rits an& process inci&ent to pen&in' cases# the issuance of (hich &oes not involve the e.ercise of functions appertainin' to the court or /u&'e only5 an& %ay# un&er the &irection of the court or /u&'e# %ake out an& si'n letters of a&%inistration# appoint%ents of 'uar&ians# trustees# an& receivers# an& all (rits an& process issuin' fro% the court. Se*t)o% /+ 1uties of the &ler/ in the a'sen&e or 'y dire&tion of the +udge . � !n the absence of the /u&'e# the clerk %ay perfor% all the &uties of the /u&'e in receivin' applications# petitions# inventories# reports# an& the issuance of all or&ers an& notices that follo(s as a %atter of course un&er these rules# an& %ay also# (hen &irecte& so to &o by the /u&'e# receive the accounts of e.ecutors# a&%inistrators# 'uar&ians# trustees# an& receivers# an& all evi&ence relatin' to the%# or to the settle%ent of the estates of &ecease& persons# or to 'uar&ianship# trusteeships# or receiverships# an& forth(ith trans%it such reports# accounts# an& evi&ence to the /u&'e# to'ether (ith his fin&in's in relation to the sa%e# if the /u&'e shall &irect hi% to %ake fin&in's an& inclu&e the sa%e in his report. Se*t)o% 0+ Cler/ shall re&ei(e papers and prepare minutes. � +he clerk of each superior court shall receive an& file all plea&in's an& other papers properly presente&# en&orsin' on each such paper the ti%e (hen it (as file&# an& shall atten& all of the sessions of the court enter its procee&in's for each &ay in a %inute book to be kept by hi%.

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Se*t)o% 7+ Safe/eeping of property. � +he clerk shall safely keep all recor&s# papers# files# e.hibits an& public property co%%itte& to his char'e# inclu&in' the library of the court# an& the seals an& furniture belon'in' to his office. Se*t)o% 3+ 3eneral do&/et. � +he clerk shall keep a 'eneral &ocket# each pa'e of (hich shall be nu%bere& an& prepare& for receivin' all the entries in a sin'le case# an& shall enter therein all cases# nu%bere& consecutively in the or&er in (hich they (ere receive&# an&# un&er the hea&in' of each case an& co%plete title thereof# the &ate of each paper file& or issue&# of each or&er or /u&'%ent entere&# an& of each other step taken in the case so that by reference to a sin'le pa'e the history of the case %ay be seen. Se*t)o% 9+ *udgment and entries 'oo/. � +he clerk shall keep a /u&'%ent book containin' a copy of each /u&'%ent ren&ere& by the court in or&er of its &ate# an& a book of entries of /u&'%ents containin' at len'th in chronolo'ical or&er entries of all final /u&'%ents or or&ers of the court. Se*t)o% 14+ 02e&ution 'oo/. � +he clerk shall keep an e.ecution book in (hich he or his &eputy shall recor& at len'th in chronolo'ical or&er each e.ecution# an& the officerDs return thereon# by virtue of (hich real property has been sol&. Se*t)o% 11+ Certified &opies. � +he clerk shall prepare# for any person &e%an&in' the sa%e# a copy certifie& un&er the seal of the court of any paper# recor&# or&er# /u&'%ent# or entry in his office# proper to be certifie&# for the fees prescribe& by these rules. Se*t)o% 1,+ )ther 'oo/s and duties. � +he clerk shall keep such other books an& perfor% such other &uties as the court %ay &irect. Se*t)o% 1-+ $nde2@ separating &ases. � +he 'eneral &ocket# /u&'%ent book# entries book an& e.ecution book shall each be in&e.e& in alphabetical or&er in the na%es of the parties# an& each of the%. !f the court so &irects# the clerk shall keep t(o or %ore of either or all of the books an& &ockets above %entione&# separatin' civil fro% cri%inal cases# or actions fro% special procee&in's# or other(ise keepin' cases separate& by classes as the court shall &ee% best. Se*t)o% 1.+ #a/ing of re&ord from the &ler/>s offi&e. � ?o recor& shall be taken fro% the clerkDs office (ithout an or&er of the court e.cept as other(ise provi&e& by these rules. ;o(ever# the $olicitor Aeneral or any of his assistants# the provincial fiscal or his &eputy# the attorneys de ofi&io shall be per%itte&# proper receipt# to (ith&ra( fro% the clerkDs office the recor& of any cases in (hich they are intereste&. Se*t)o% 1/+ .nprinted papers. � All unprinte& &ocu%ents presente& to the superior courts of the Philippines shall be (ritten on paper of 'oo& <uality t(elve an& three inches in len'th by ei'ht an& one9half inches in (i&th# leavin' a %ar'in at the top an& the left9han& si&e not less than one inch an& one9half in (i&th. Papel &atalan# of the first an& secon& classes# le'al cap# an& type(ritin' paper of such (ei'ht as not to per%it the (ritin' of %ore than one ori'inal an& t(o carbons at one ti%e# (ill be accepte&# provi&e& that such papers is of the re<uire& si0e an& of 'oo& <uality. Eocu%ents (ritten (ith ink shall not be of %ore than t(enty9five lines to one pa'e. +ype(ritten &ocu%ents shall be (ritten &ouble space&. 7ne si&e only of the pa'e (ill be (ritten upon# an& the &ifferent sheets (ill be se(n to'ether# fir%ly# by five stitches in the left 9han& bor&er in or&er to facilitate the for%ation of the e2pediente# an& they %ust not be &ouble&. Se*t)o% 10+ Printed papers. � All papers re<uire by these rules to be printe& shall be printe& (ith blank ink on un'la0e& paper# (ith pa'es si. inches in (i&th by nine inches in len'th# in pa%phlet for%. +he type use& shall not be s%aller than t(elve point. +he paper use& shall be of sufficient (ei'ht to prevent the printin' upon one si&e fro% bein' visible upon the other.

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Se*t)o% 17+ Stenographer. � !t shall be the &uty of the steno'rapher (ho has atten&e& a session of a court either in the %ornin' or in the afternoon# to &eliver to the clerk of court# i%%e&iately at the close of such %ornin' or afternoon session# all the notes he has taken# to be attache& to the recor& of the case5 an& it shall like(ise be the &uty of the clerk to &e%an& that the steno'rapher co%ply (ith sai& &uty. +he clerk of court shall sta%p the &ate on (hich such notes are receive& by hi%. 6hen such notes are transcribe& the transcript shall be &elivere& to the clerk# &uly initiate& on each pa'e thereof# to be attache& to the recor& of the case. 6henever re<ueste& by a party# any state%ent %a&e by a /u&'e of first instance# or by a co%%issioner# (ith reference to a case bein' trie& by hi%# or to any of the parties thereto# or to any (itness or attorney# &urin' the hearin' of such case# shall be %a&e of recor& in the steno'raphic notes. Se*t)o% 13+ 1o&/et and other re&ords of interior &ourts. � 4very /ustice of the peace an& %unicipal /u&'e shall keep a (ell9boun& book labele& 8&ocket8 in (hich he shall enter for each case* (a) +he title of the case inclu&in' the na%es of all the parties5 (b) +he nature of the case# (hether civil or cri%inal# an& if the latter# the offense char'e&5 (c) +he &ate of issuin' preli%inary an& inter%e&iate process inclu&in' or&ers of arrest an& subpoenas# an& the &ate an& nature of the return thereon5 (&) +he &ate of the appearance or &efault of the &efen&ant5 (e) +he &ate of presentin' the plea# ans(er# or %otion to <uash# an& the nature of the sa%e5 (f) +he %inutes of the trial# inclu&in' the &ate thereof an& of all a&/ourn%ents5 (') +he na%es an& a&&resses of all (itnesses5 (h) +he &ate an& nature of the /u&'%ent# an&# in a civil case# the relief 'rante&5 (i) An ite%i0e& state%ent of the coast5 (/) +he &ate of any e.ecution issue&# an& the &ate an& contents of the return thereon5 (k) +he &ate of any notice of appeal file&# an& the na%e of the party filin' the sa%e. A /ustice of the peace or %unicipal /u&'e %ay keep t(o &ockets# one for civil an& one for cri%inal cases. ;e shall also keep all the plea&in's an& other papers an& e.hibits in cases pen&in' in his court# an& shall certify copies of his &ocket entries an& other recor&s proper to be certifie&# for the fees prescribe& by these rules. !t shall be necessary for the /ustice of peace or %unicipal /u&'e to re&uce (ritin' the testi%ony of (itnesses# e.cept that of the accuse& in preli%inary investi'ations. Se*t)o% 19+ 0ntry on do&/et of interior &ourts . � 4ach /ustice of the peace or %unicipal /u&'e shall# at the be'innin' an& in fro% of all his entries in his &ocket# %ake an& subscribe substantially the follo(in' entry* A &ocket of procee&in's in cases before . . . . . . . . . . . . . . . . . . . . . . .5 /ustice of the peace) or %unicipal /u&'e) of the %unicipality (or city) of . . . . . . . . . . . .# in the province of . . . . . . . . . . . . . . ,epublic# of the Philippines.

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6itness %y si'nature#

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RULE 1-7 D)sDu&')f)*&t)o% of "u1)*)&' Off)*ers

Se*t)o% 1+ 1is:ualifi&ation of +udges. � ?o /u&'e or /u&icial officer shall sit in any case in (hich he# or his (ife or chil&# is pecuniarily intereste& as heir# le'atee# cre&itor or other(ise# or in (hich he is relate& to either party (ithin the si.th &e'ree of consan'uinity or affinity# or to counsel (ithin the fourth &e'ree# co%pute& accor&in' to the rules of the civil la(# or in (hich he has been e.ecutor# a&%inistrator# 'uar&ian# trustee or counsel# or in (hich he has been presi&e& in any inferior court (hen his rulin' or &ecision is the sub/ect of revie(# (ithout the (ritten consent of all parties in interest# si'ne& by the% an& entere& upon the recor&. A /u&'e %ay# in the e.ercise of his soun& &iscretion# &is<ualify hi%self fro% sittin' in a case# for /ust or vali& reasons other than those %entione& above. Se*t)o% ,+ )'+e&tion that +udge dis:ualified, ho% made and effe&t. � !f it be clai%e& that an official is &is<ualifie& fro% sittin' as above provi&e&# the party ob/ectin' to his co%petency %ay# in (ritin'# file (ith the official his ob/ection# statin' the 'roun&s therefor# an& the official shall thereupon procee& (ith the trial# or (ith&ra( therefro%# in accor&ance (ith his &eter%ination of the <uestion of his &is<ualification. ;is &ecision shall be forth(ith %a&e in (ritin' an& file& (ith the other papers in the case# but no appeal or stay shall be allo(e& fro%# or by reason of# his &ecision in favor of his o(n co%petency# until after final /u&'%ent in the case. RULE 1-3 Attor%e2s &%1 A15)ss)o% to ;&r

Se*t)o% 1+ ,ho may pra&ti&e la%. � Any person heretofore &uly a&%itte& as a %e%ber of the bar# or hereafter a&%itte& as such in accor&ance (ith the provisions of this rule# an& (ho is in 'oo& an& re'ular stan&in'# is entitle& to practice la(. Se*t)o% ,+ Re:uirements for all appli&ants for admission to the 'ar. � 4very applicant for a&%ission as a %e%ber of the bar %ust be a citi0en of the Philippines# at least t(enty9one years of a'e# of 'oo& %oral character# an& resi&ent of the Philippines5 an& %ust pro&uce before the $upre%e "ourt satisfactory evi&ence of 'oo& %oral character# an& that no char'es a'ainst hi%# involvin' %oral turpitu&e# have been file& or are pen&in' in any court in the Philippines. Se*t)o% -+ Re:uirements for la%yers %ho are &iti9ens of the .nited States of Ameri&a. � "iti0ens of the :nite& $tates of A%erica (ho# before July 1# ->13# (ere &uly license& %e%bers of the Philippine )ar# in active practice in the courts of the Philippines an& in 'oo& an& re'ular stan&in' as

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such %ay# upon satisfactory proof of those facts before the $upre%e "ourt# be allo(e& to continue such practice after takin' the follo(in' oath of office* ! . . . . . . . . . . . . . . . . . . . . . . . . . . .# havin' been per%itte& to continue in the practice of la( in the Philippines# &o sole%nly s(ear that ! reco'ni0e the supre%e authority of the ,epublic of the Philippines5 ! (ill support its "onstitution an& obey the la(s as (ell as the le'al or&ers of the &uly constitute& authorities therein5 ! (ill &o no falsehoo&# nor consent to the &oin' of any in court5 ! (ill not (ittin'ly or (illin'ly pro%ote or sue any 'roun&less# false or unla(ful suit# nor 'ive ai& nor consent to the sa%e5 ! (ill &elay no %an for %oney or %alice# an& (ill con&uct %yself as a la(yer accor&in' to the best of %ay kno(le&'e an& &iscretion (ith all 'oo& fi&elity as (ell as to the courts as to %y clients5 an& ! i%pose upon %yself this voluntary obli'ation (ithout any %ental reservation or purpose of evasion. $o help %e Ao&. Se*t)o% .+ Re:uirements for appli&ants from other +urisdi&tions. � Applicants for a&%ission (ho# bein' @ilipino citi0ens# are enrolle& attorneys in 'oo& stan&in' in the $upre%e "ourt of the :nite& $tates or in any circuit court of appeals or &istrict court therein# or in the hi'hest court of any $tate or +erritory of the :nite& $tates# an& (ho can sho( by satisfactory certificates that they have practice& at least five years in any of sai& courts# that such practice be'an before July 1# ->13# an& that they have never been suspen&e& or &isbarre&# %ay# in the &iscretion of the "ourt# be a&%itte& (ithout e.a%ination. Se*t)o% /+ Additional re:uirements for other appli&ants. � All applicants for a&%ission other than those referre& to in the t(o prece&in' section shall# before bein' a&%itte& to the e.a%ination# satisfactorily sho( that they have re'ularly stu&ie& la( for four years# an& successfully co%plete& all prescribe& courses# in a la( school or university# officially approve& an& reco'ni0e& by the $ecretary of 4&ucation. +he affi&avit of the can&i&ate# acco%panie& by a certificate fro% the university or school of la(# shall be file& as evi&ence of such facts# an& further evi&ence %ay be re<uire& by the court. ?o applicant shall be a&%itte& to the bar e.a%inations unless he has satisfactorily co%plete& the follo(in' courses in a la( school or university &uly reco'ni0e& by the 'overn%ent* civil la(# co%%ercial la(# re%e&ial la(# cri%inal la(# public an& private international la(# political la(# labor an& social le'islation# %e&ical /urispru&ence# ta.ation an& le'al ethics. Se*t)o% 0+ Pre-;a%. � ?o applicant for a&%ission to the bar e.a%ination shall be a&%itte& unless he presents a certificate that he has satisfie& the $ecretary of 4&ucation that# before he be'an the stu&y of la(# he ha& pursue& an& satisfactorily co%plete& in an authori0e& an& reco'ni0e& university or colle'e# re<uirin' for a&%ission thereto the co%pletion of a four9year hi'h school course# the course of stu&y prescribe& therein for a bachelorDs &e'ree in arts or sciences (ith any of the follo(in' sub/ects as %a/or or fiel& of concentration* political science# lo'ic# en'lish# spanish# history an& econo%ics. Se*t)o% 7+ #ime for filing proof of :ualifi&ations. � All applicants for a&%ission shall file (ith the clerk of the $upre%e "ourt the evi&ence re<uire& by section 2 of this rule at least fifteen (-5) &ays before the be'innin' of the e.a%ination. !f not e%brace& (ithin section 2 an& 1 of this rule they shall also file (ithin the sa%e perio& the affi&avit an& certificate re<uire& by section 5# an& if e%brace& (ithin sections 2 an& 1 they shall e.hibit a license evi&encin' the fact of their a&%ission to practice# satisfactory evi&ence that the sa%e has not been revoke&# an& certificates as to their professional stan&in'. Applicants shall also file at the sa%e ti%e their o(n affi&avits as to their a'e# resi&ence# an& citi0enship. Se*t)o% 3+ Noti&e of Appli&ations. � ?otice of applications for a&%ission shall be publishe& by the clerk of the $upre%e "ourt in ne(spapers publishe& in Pilipino# 4n'lish an& $panish# for at least ten (-0) &ays before the be'innin' of the e.a%ination.

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Se*t)o% 9+ 02amination@ su'+e&ts. � Applicants# not other(ise provi&e& for in sections 2 an& 1 of this rule# shall be sub/ecte& to e.a%inations in the follo(in' sub/ects* "ivil Fa(5 Fabor an& $ocial Fe'islation5 Mercantile Fa(5 "ri%inal Fa(5 Political Fa( ("onstitutional Fa(# Public "orporations# an& Public 7fficers)5 !nternational Fa( (Private an& Public)5 +a.ation5 ,e%e&ial Fa( ("ivil Proce&ure# "ri%inal Proce&ure# an& 4vi&ence)5 Fe'al 4thics an& Practical 4.ercises (in Plea&in's an& "onveyancin'). Se*t)o% 14+ Bar e2amination, 'y :uestions and ans%ers, and in %riting . � Persons takin' the e.a%ination shall not brin' papers# books or notes into the e.a%ination roo%s. +he <uestions shall be the sa%e for all e.a%inees an& a copy thereof# in 4n'lish or $panish# shall be 'iven to each e.a%inee. 4.a%inees shall ans(er the <uestions personally (ithout help fro% anyone. :pon verifie& application %a&e by an e.a%inee statin' that his pen%anship is so poor that it (ill be &ifficult to rea& his ans(ers (ithout %uch loss of ti%e.# the $upre%e "ourt %ay allo( such e.a%inee to use a type(riter in ans(erin' the <uestions. 7nly noiseless type(riters shall be allo(e& to be use&. +he co%%ittee of bar e.a%iner shall take such precautions as are necessary to prevent the substitution of papers or co%%ission of other frau&s. 4.a%inees shall not place their na%es on the e.a%ination papers. ?o oral e.a%ination shall be 'iven. Se*t)o% 11+ Annual e2amination. � 4.a%inations for a&%ission to the bar of the Philippines shall take place annually in the "ity of Manila. +hey shall be hel& in four &ays to be &isi'nate& by the chair%an of the co%%ittee on bar e.a%iners. +he sub/ects shall be &istribute& as follo(s* @irst &ay* Political an& !nternational Fa( (%ornin') an& Fabor an& $ocial Fe'islation (afternoon)5 $econ& &ay* "ivil Fa( (%ornin') an& +a.ation (afternoon)5 +hir& &ay* Mercantile Fa( (%ornin') an& "ri%inal Fa( (afternoon)5 @ourth &ay* ,e%e&ial Fa( (%ornin') an& le'al 4thics an& Practical 4.ercises (afternoon). Se*t)o% 1,+ Committee of e2aminers. � 4.a%inations shall be con&ucte& by a co%%ittee of bar e.a%iners to be appointe& by the $upre%e "ourt. +his co%%ittee shall be co%pose& of a Justice of the $upre%e "ourt# (ho shall act as chair%an# an& (ho shall be &esi'nate& by the court to serve for one year# an& ei'ht %e%bers of the bar of the Philippines# (ho shall hol& office for a perio& of one year. +he na%es of the %e%bers of this co%%ittee shall be publishe& in each volu%e of the official reports. Se*t)o% 1-+ 1is&iplinary measures. � ?o can&i&ate shall en&eavor to influence any %e%ber of the co%%ittee# an& &urin' e.a%ination the can&i&ates shall not co%%unicate (ith each other nor shall they 'ive or receive any assistance. +he can&i&ate (ho violates this provisions# or any other provision of this rule# shall be barre& fro% the e.a%ination# an& the sa%e to count as a failure a'ainst hi%# an& further &isciplinary action# inclu&in' per%anent &is<ualification# %ay be taken in the &iscretion of the court. Se*t)o% 1.+ Passing a(erage. � !n or&er that a can&i&ate %ay be &ee%e& to have passe& his e.a%inations successfully# he %ust have obtaine& a 'eneral avera'e of =5 per cent in all sub/ects# (ithout fallin' belo( 50 per cent in any sub/ects. !n &eter%inin' the avera'e# the sub/ects in the e.a%ination shall be 'iven the follo(in' relative (ei'hts* "ivil Fa(# -5 per cent5 Fabor an& $ocial Fe'islation# -0 per cent5 Mercantile Fa(# -5 per cent5 "ri%inal Fa(5 -0 per cent* Political an& !nternational Fa(# -5 per cent5 +a.ation# -0 per cent5 ,e%e&ial Fa(# 20 per cent5 Fe'al 4thics an& Practical 4.ercises# 5 per cent. Se*t)o% 1/+ Report of the &ommittee@ filing of e2amination papers. � ?ot later than @ebruary -5th after the e.a%ination# or as soon thereafter as %ay be practicable# the co%%ittee shall file its report on the result of such e.a%ination. +he e.a%ination papers an& notes of the co%%ittee shall be file& (ith the clerk an& %ay there be e.a%ine& by the parties in interest# after the court has approve& the report.

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Se*t)o% 10+ 8ailing &andidates to ta/e re(ie% &ourse. � "an&i&ates (ho have faile& the bar e.a%inations for three ti%es shall be &is<ualifie& fro% takin' another e.a%ination unless they sho( the satisfaction of the court that they have enrolle& in an& passe& re'ular fourth year revie( classes as (ell as atten&e& a pre9bar revie( course in a reco'ni0e& la( school. +he professors of the in&ivi&ual revie( sub/ects atten&e& by the can&i&ates un&er this rule shall certify un&er oath that the can&i&ates have re'ularly atten&e& classes an& passe& the sub/ects un&er the sa%e con&itions as or&inary stu&ents an& the ratin's obtaine& by the% in the particular sub/ect. Se*t)o% 17+ Admission and oath of su&&essful appli&ants. � An applicant (ho has passe& the re<uire& e.a%ination# or has been other(ise foun& to be entitle& to a&%ission to the bar# shall take an& subscribe before the $upre%e "ourt the correspon&in' oath of office. Se*t)o% 13+ Certifi&ate. � +he supre%e "ourt shall thereupon a&%it the applicant as a %e%ber of the bar for all the courts of the Philippines# an& shall &irect an or&er to be entere& to that effect upon its recor&s# an& that a certificate of such recor& be 'iven to hi% by the clerk of court# (hich certificate shall be his authority to practice. Se*t)o% 19+ Attorney>s roll. � +he clerk of the $upre%e "ourt shall kept a roll of all attorneys a&%itte& to practice# (hich roll shall be si'ne& by the person a&%itte& (hen he receives his certificate. Se*t)o% ,4+ 1uties of attorneys. � !t is the &uty of an attorney* (a) +o %aintain alle'iance to the ,epublic of the Philippines an& to support the "onstitution an& obey the la(s of the Philippines. (b) +o observe an& %aintain the respect &ue to the courts of /ustice an& /u&icial officers5 (c) +o counsel or %aintain such actions or procee&in's only as appear to hi% to be /ust# an& such &efenses only as he believes to be honestly &ebatable un&er the la(. (&) +o e%ploy# for the purpose of %aintainin' the causes confi&e& to hi%# such %eans only as are consistent (ith truth an& honor# an& never seek to %islea& the /u&'e or any /u&icial officer by an artifice or false state%ent of fact or la(5 (e) +o %aintain inviolate the confi&ence# an& at every peril to hi%self# to preserve the secrets of his client# an& to accept no co%pensation in connection (ith his clientDs business e.cept fro% hi% or (ith his kno(le&'e an& approval5 (f) +o abstain fro% all offensive personality an& to a&vance no fact pre/u&icial to the honor or reputation of a party or (itness# unless re<uire& by the /ustice of the cause (ith (hich he is char'e&5 (') ?ot to encoura'e either the co%%ence%ent or the continuance of an action or procee&in'# or &elay any %anDs cause# fro% any corrupt %otive or interest5 (h) ?ever to re/ect# for any consi&eration personal to hi%self# the cause of the &efenseless or oppresse&5 (i) !n the &efense of a person accuse& of cri%e# by all fair an& honorable %eans# re'ar&less of his personal opinion as to the 'uilt of the accuse&# to present every &efense that the la(

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per%its# to the en& that no person %ay be &eprive& of life or liberty# but by &ue process of la(. Se*t)o% ,1+ Authority of attorney to appear. � an attorney is presu%e& to be properly authori0e& to represent any cause in (hich he appears# an& no (ritten po(er of attorney is re<uire& to authori0e hi% to appear in court for his client# but the presi&in' /u&'e %ay# on %otion of either party an& on reasonable 'roun&s therefor bein' sho(n# re<uire any attorney (ho assu%es the ri'ht to appear in a case to pro&uce or prove the authority un&er (hich he appears# an& to &isclose# (henever pertinent to any issue# the na%e of the person (ho e%ploye& hi%# an& %ay thereupon %ake such or&er as /ustice re<uires. An attorneys (ilfully appear in court for a person (ithout bein' e%ploye&# unless by leave of the court# %ay be punishe& for conte%pt as an officer of the court (ho has %isbehave& in his official transactions. Se*t)o% ,,+ Attorney %ho appears in lo%er &ourt presumed to represent &lient on appeal. � An attorney (ho appears de parte in a case before a lo(er court shall be presu%e& to continue representin' his client on appeal# unless he files a for%al petition (ith&ra(in' his appearance in the appellate court. Se*t)o% ,-+ Authority of attorneys to 'ind &lients. � Attorneys have authority to bin& their clients in any case by any a'ree%ent in relation thereto %a&e in (ritin'# an& in takin' appeals# an& in all %atters of or&inary /u&icial proce&ure. )ut they cannot# (ithout special authority# co%pro%ise their clientDs liti'ation# or receive anythin' in &ischar'e of a clientDs clai% but the full a%ount in cash. Se*t)o% ,.+ Compensation of attorneys@ agreement as to fees. � An attorney shall be entitle& to have an& recover fro% his client no %ore than a reasonable co%pensation for his services# (ith a vie( to the i%portance of the sub/ect %atter of the controversy# the e.tent of the services ren&ere&# an& the professional stan&in' of the attorney. ?o court shall be boun& by the opinion of attorneys as e.pert (itnesses as to the proper co%pensation# but %ay &isre'ar& such testi%ony an& base its conclusion on its o(n professional kno(le&'e. A (ritten contract for services shall control the a%ount to be pai& therefor unless foun& by the court to be unconscionable or unreasonable. Se*t)o% ,/+ .nla%ful retention of &lient>s funds@ &ontempt. � 6hen an attorney un/ustly retains in his han&s %oney of his client after it has been &e%an&e&# he %ay be punishe& for conte%pt as an officer of the "ourt (ho has %isbehave& in his official transactions5 but procee&in's un&er this section shall not be a bar to a cri%inal prosecution. Se*t)o% ,0+ Change of attorneys. � An attorney %ay retire at any ti%e fro% any action or special procee&in'# by the (ritten consent of his client file& in court. ;e %ay also retire at any ti%e fro% an action or special procee&in'# (ithout the consent of his client# shoul& the court# on notice to the client an& attorney# an& on hearin'# &eter%ine that he ou'ht to be allo(e& to retire. !n case of substitution# the na%e of the attorney ne(ly e%ploye& shall be entere& on the &ocket of the court in place of the for%er one# an& (ritten notice of the chan'e shall be 'iven to the a&vance party. A client %ay at any ti%e &is%iss his attorney or substitute another in his place# but if the contract bet(een client an& attorney has been re&uce& to (ritin' an& the &is%issal of the attorney (as (ithout /ustifiable cause# he shall be entitle& to recover fro% the client the full co%pensation stipulate& in the contract. ;o(ever# the attorney %ay# in the &iscretion of the court# intervene in the case to protect his ri'hts. @or the pay%ent of his co%pensation the attorney shall have a lien upon all /u&'%ents for the pay%ent of %oney# an& e.ecutions issue& in pursuance of such /u&'%ent# ren&ere& in the case (herein his services ha& been retaine& by the client. Se*t)o% ,7+ Attorneys remo(ed or suspended 'y Supreme Court on %hat grounds. � A %e%ber of the bar %ay be re%ove& or suspen&e& fro% his office as attorney by the $upre%e "ourt for any &eceit# %alpractice# or other 'ross %iscon&uct in such office# 'rossly i%%oral con&uct# or by reason of his conviction of a cri%e involvin' %oral turpitu&e# or for any violation of the oath (hich he is

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re<uire& to take before the a&%ission to practice# or for a (ilfull &isobe&ience of any la(ful or&er of a superior court# or for corruptly or (illful appearin' as an attorney for a party to a case (ithout authority so to &o. +he practice of solicitin' cases at la( for the purpose of 'ain# either personally or throu'h pai& a'ents or brokers# constitutes %alpractice. Se*t)o% ,3+ Suspension of attorney 'y the Court of Appeals or a Court of 8irst $nstan&e. � +he "ourt of Appeals or a "ourt of @irst !nstance %ay suspen& an attorney fro% practice for any of the causes na%e& in the last prece&in' section# an& after such suspension such attorney shall not practice his profession until further action of the $upre%e "ourt in the pre%ises. Se*t)o% ,9+ .pon suspension 'y the Court of Appeals or Court of 8irst $nstan&e, further pro&eedings in Supreme Court. � :pon such suspension# the "ourt of Appeals or the "ourt of @irst !nstance shall forth(ith trans%it to the $upre%e "ourt a certifie& copy of the or&er of suspension an& a full state%ent of the facts upon (hich the sa%e (as base&. :pon the receipt of such certifie& copy an& state%ent# the $upre%e "ourt shall %ake a full investi'ation of the facts involve& an& %ake such or&er revokin' or e.ten&in' the suspension# or re%ovin' the attorney fro% his office as such# as the facts (arrant. Se*t)o% -4+ Attorney to 'e heard 'efore remo(al or suspension . � ?o attorney shall be re%ove& or suspen&e& fro% the practice of his profession# until he has ha& full opportunity upon reasonable notice to ans(er the char'es a'ainst hi%# to pro&uce (itnesses in his o(n behalf# an& to be hear& by hi%self or counsel. )ut if upon reasonable notice he fails to appear an& ans(er the accusation# the court %ay procee& to &eter%ine the %atter e2 parte. Se*t)o% -1+ Attorneys for destitute litigants. � A court %ay assi'n an attorney to ren&er professional ai& free of char'e to any party in a case# if upon investi'ation it appears that the party is &estitute an& unable to e%ploy an attorney# an& that the services of counsel are necessary to secure the en&s of /ustice an& to protect the ri'hts of the party. !t shall be the &uty of the attorney so assi'ne& to ren&er the re<uire& service# unless he is e.cuse& therefro% by the court for sufficient cause sho(n. Se*t)o% -,+ Compensation for attorneys de ofi&io. � $ub/ect to availability of fun&s as %ay be provi&e& by the la( the court %ay# in its &iscretion# or&er an attorney e%ploye& as counsel de ofi&io to be co%pensates in such su% as the court %ay fi. in accor&ance (ith section 21 of this rule. 6henever such co%pensation is allo(e&# it shall be not less than thirty pesos (P20) in any case# nor %ore than the follo(in' a%ounts* (-) @ifty pesos (P50) in li'ht felonies5 (2) 7ne hun&re& pesos (P-00) in less 'rave felonies5 (2) +(o hun&re& pesos (P200) in 'rave felonies other than capital offenses5 (1) @ive ;un&re& pesos (P500) in capital offenses. Se*t)o% --+ Standing in &ourt of person authori9ed to appear for 3o(ernment. � Any official or other person appointe& or &esi'nate& in accor&ance (ith la( to appear for the Aovern%ent of the Philippines shall have all the ri'hts of a &uly authori0e& %e%ber of the bar to appear in any case in (hich sai& 'overn%ent has an interest &irect or in&irect. Se*t)o% -.+ By %hom litigation &ondu&ted. � !n the court of a /ustice of the peace a party %ay con&uct his liti'ation in person# (ith the ai& of an a'ent or frien& appointe& by hi% for the purpose# or (ith the ai& an attorney. !n any other court# a party %ay con&uct his liti'ation personally or by ai& of an attorney# an& his appearance %ust be either personal or by a &uly authori0e& %e%ber of the bar. Se*t)o% -/+ Certain attorneys not to pra&ti&e. � ?o /u&'e or other official or e%ployee of the superior courts or of the 7ffice of the $olicitor Aeneral# shall en'a'e in private practice as a %e%ber of the bar or 'ive professional a&vice to clients.

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Se*t)o% -0+ Ami&us Curiae. � 4.perience& an& i%partial attorneys %ay be invite& by the "ourt to appear as ami&i &uriae to help in the &isposition of issues sub%itte& to it. Se*t)o% -7+ Attorneys> liens. � An attorney shall have a lien upon the fun&s# &ocu%ents an& papers of his client (hich have la(fully co%e into his possession an& %ay retain the sa%e until his la(ful fees an& &isburse%ents have been pai&# an& %ay apply such fun&s to the satisfaction thereof. ;e shall also have a lien to the sa%e e.tent upon all /u&'%ents for the pay%ent of %oney# an& e.ecutions issue& in pursuance of such /u&'%ents# (hich he has secure& in a liti'ation of his client# fro% an& after the ti%e (hen he shall have the cause& a state%ent of his clai% of such lien to be entere& upon the recor&s of the court ren&erin' such /u&'%ent# or issuin' such e.ecution# an& shall have the cause& (ritten notice thereof to be &elivere& to his client an& to the a&verse paty5 an& he shall have the sa%e ri'ht an& po(er over such /u&'%ents an& e.ecutions as his client (oul& have to enforce his lien an& secure the pay%ent of his /ust fees an& &isburse%ents. RULE 1-3 A L&> Stu1e%t Pr&*t)*e Ru'e Se*t)o% 1+ Conditions for student pra&ti&e. � A la( stu&ent (ho has successfully co%plete& his 2r& year of the re'ular four9year prescribe& la( curriculu% an& is enrolle& in a reco'ni0e& la( schoolDs clinical le'al e&ucation pro'ra% approve& by the $upre%e "ourt# %ay appear (ithout co%pensation in any civil# cri%inal or a&%inistrative case before any trial court# tribunal# boar& or officer# to represent in&i'ent clients accepte& by the le'al clinic of the la( school. Se*t)o% ,+ Appearan&e. � +he appearance of the la( stu&ent authori0e& by this rule# shall be un&er the &irect supervision an& control of a %e%ber of the !nte'rate& )ar of the Philippines &uly accre&ite& by the la( school. Any an& all plea&in's# %otions# briefs# %e%oran&a or other papers to be file&# %ust be si'ne& by the supervisin' attorney for an& in behalf of the le'al clinic. Se*t)o% -+ Pri(ileged &ommuni&ations. � +he ,ules safe'uar&in' privile'e& co%%unications bet(een attorney an& client shall apply to si%ilar co%%unications %a&e to or receive& by the la( stu&ent# actin' for the le'al clinic. Se*t)o% .+ Standards of &ondu&t and super(ision. � +he la( stu&ent shall co%ply (ith the stan&ar&s of professional con&uct 'overnin' %e%bers of the )ar. @ailure of an attorney to provi&e a&e<uate supervision of stu&ent practice %ay be a 'roun& for &isciplinary action. ("ircular ?o. -># &ate& Eece%ber -># ->83). RULE 1-9 D)s<&r5e%t or Sus9e%s)o% of Attor%e2s Se*t)o% 1+ Motion or &omplaint. � Procee&in's for the re%oval or suspension of attorneys %ay be taken by the $upre%e "ourt on its o(n %otion or upon the co%plaint un&er oath of another in (ritin'. +he co%plaint shall set out &istinctly# clearly# an& concisely the facts co%plaine& of# supporte& by affi&avits# if any# of persons havin' personal kno(le&'e of the facts therein alle'e& an& shall be acco%panie& (ith copies of such &ocu%ents as %ay substantiate sai& facts. Se*t)o% ,+ Ser(i&e or dismissal. � !f the co%plaint appears to %erit action# a copy thereof shall be serve& upon the respon&ent# re<uirin' hi% to ans(er the sa%e (ithin ten (-0) &ays fro% the &ate of service. !f the co%plaint &oes not %erit action# or if the ans(er sho(s to the satisfaction of the $upre%e "ourt that the co%plaint is not %eritorious# the sa%e shall be &is%isse&.

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Se*t)o% -+ $n(estigation 'y Soli&itor 3eneral. � :pon the issues raise& by the co%plaint an& ans(er# or upon failure of the respon&ent to ans(er# the case shall be referre& to the $olicitor Aeneral for investi'ation to &eter%ine if there is sufficient 'roun& to procee& (ith the prosecution of the respon&ent. !n the investi'ation con&ucte& by the $olicitor Aeneral# the respon&ent shall be 'iven full opportunity to &efen& hi%self# to pro&uce (itnesses in his o(n behalf# an& to be hear& by hi%self an& counsel. ;o(ever# if upon reasonable notice# the respon&ent fails to appear# the investi'ation shall procee& e. parte. Se*t)o% .+ Report of the Soli&itor 3eneral. � )ase& upon the evi&ence a&&uce& at the hearin'# if the $olicitor Aeneral fin&s no sufficient 'roun& to procee& a'ainst the respon&ent# he shall sub%it a report to the $upre%e "ourt containin' his fin&in's of fact an& conclusion# (hereupon the respon&ent shall be e.onerate& unless the court or&ers &ifferently. Se*t)o% /+ Complaint of the Soli&itor 3eneral. Ans%er of respondent. � !f the $olicitor Aeneral fin&s sufficient 'roun& to procee& a'ainst the respon&ent# he shall file the correspon&in' co%plaint# acco%panie& (ith all the evi&ence intro&uce& in his investi'ation# (ith the $upre%e "ourt# an& the respon&ent shall be serve& by the clerk of the $upre%e "ourt (ith a copy of the co%plaint (ith &irection to ans(er the sa%e (ithin fifteen (-5) &ays. Se*t)o% 0+ 0(iden&e produ&ed 'efore Soli&itor 3eneral a(aila'le. � +he evi&ence pro&uce& before the $olicitor Aeneral in his investi'ation %ay be consi&ere& by the $upre%e "ourt in the final &ecision of the case# if the respon&ent ha& an opportunity to ob/ect an& cross9e.a%ine. !f in the respon&entDs ans(er no state%ent is %a&e as to any intention of intro&ucin' a&&itional evi&ence# the case shall be set &o(n for hearin'# upon the filin' of such ans(er or upon the e.piration of the ti%e to file the sa%e. Se*t)o% 7+ Commissioner to in(estigate and re&ommend. ,ules of evi&ence. � :pon receipt of the respon&entDs ans(er# (herein a state%ent is %a&e as to his &esire to intro&uce a&&itional evi&ence# the case shall be referre& to a co%%issioner (ho# in the &iscretion of the court# %ay be the clerk of the $upre%e "ourt# a /u&'e of first instance# or an attorney9at9la( for investi'ation# report# an& reco%%en&ation. +he $olicitor Aeneral or his representative shall appear before the co%%issioner to con&uct the prosecution. +he respon&ent shall be 'iven full opportunity to &efen& hi%self# to pro&uce a&&itional evi&ence in his o(n behalf# an& to be hear& by hi%self an& counsel. ;o(ever# if upon reasonable notice the respon&ent fails to appear# the investi'ation shall procee& e. parte. +he rules of evi&ence shall be applicable to procee&in's of this nature. Se*t)o% 3+ Report of &ommissioner and hearing. � :pon receipt of the report of the co%%issioner# copies of (hich shall be furnishe& the $olicitor Aeneral an& the respon&ent# the case shall be set &o(n for hearin' before the court# follo(in' (hich the case shall be consi&ere& sub%itte& to the court for its final &eter%ination. Se*t)o% 9+ Pro&edure in Court of Appeals or Courts of 8irst $nstan&e. � As far as %ay be applicable# the proce&ure above outline& shall like(ise 'overn the filin' an& investi'ation of co%plaints a'ainst attorneys in the "ourt of Appeals or in "ourts of @irst !nstance. !n case of suspension of the respon&ent# the /u&'e of the court of first instance or Justice of the "ourt of Appeals shall forth(ith trans%it to the $upre%e "ourt a certifie& copy of the or&er of suspension an& a full state%ent of the facts upon (hich sa%e is base&. Se*t)o% 14+ Confidential. � Procee&in's a'ainst attorneys shall be private an& confi&ential# e.cept that the final or&er of the court shall be %a&e public as in other cases co%in' before the court. RULE 1-9 A I%te6r&te1 ;&r of the Ph)')99)%es

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Se*t)o% 1+ )rgani9ation. � +here is hereby or'ani0e& an official national bo&y to be kno(n as the 8!nte'rate& )ar of the Philippines#8 co%pose& of all persons (hose na%es no( appear or %ay hereafter be inclu&e& in the ,oll of Attorneys of the $upre%e "ourt. Se*t)o% ,+ Purposes. � +he fun&a%ental purposes of the !nte'rate& )ar shall be to elevate the stan&ar&s of the le'al profession# i%prove the a&%inistration of /ustice# an& enable the )ar to &ischar'e its public responsibility %ore effectively. Se*t)o% -+ Regions. � +he Philippines is hereby &ivi&e& into nine ,e'ions of the !nte'rate& )ar# to (it* (a) Northern ;u9on# consistin' of the provinces of Abra# )atanes# )en'uet# "a'ayan# !fu'ao# !locos ?orte# !locos $ur# !sabela# Halin'a9Apayao# Fa :nion# Mountain Province# ?ueva i0caya# an& Quirino. (b) Central ;u9on# consistin' of the provinces of )ataan# )ulacan# ?ueva 4ci/a# Pa%pan'a# Pan'asinan# +arlac# an& Ia%bales5 (c) 3reater Manila# consistin' of the "ity of Manila an& Que0on "ity5 (&) Southern ;u9on# consistin' of the provinces of )atan'as# "avite# Fa'una# Marin&u<ue# 7cci&ental Min&oro# 7riental Min&oro# Que0on# an& ,i0al5 (e) Bi&olandia# consistin' of the provinces of Albay# "a%arines ?orte# "a%arines $ur# "atan&uanes# Masbate# an& $orso'on5 (f) 0astern 4isayas# consistin' of the provinces of )ohol# "ebu# 4astern $a%ar# Feyte# ?orthern $a%ar# $a%ar# an& $outhern Feyte5 (') ,estern 4isayas# consistin' of the provinces of Aklan# Anti<ue# "api0# !loilo# ?e'ros 7cci&ental# ?e'ros 7riental# Pala(an# ,o%blon# an& $i<ui/or. (h) 0astern Mindanao# consistin' of the provinces of A'usan &el ?orte# A'usan Eel $ur# )uki&non# "a%i'uin# Eavao &el ?orte# Eavao &el $ur# Eavao 7riental# Misa%is 7riental# $uri'ao &el ?orte# an& $uri'ao &el $ur5 an& (i) ,estern Mindanao# consistin' of the cities of )asilan an& Ia%boan'a# an& the provinces of "otabato# Fanao &el ?orte# Fanao &el $ur# Misa%is 7cci&ental# $outh "otabato# $ulu# Ia%boan'a &el ?orte# an& Ia%boan'a &el $ur. !n the event of the creation of any ne( province# the )oar& of Aovernors shall# (ith the approval of the $upre%e "ourt# &eter%ine the ,e'ion to (hich the sai& province shall belon'. Se*t)o% .+ Chapters. � A "hapter of the !nte'rate& )ar shall be or'ani0e& in every province. 4.cept as hereinbelo( provi&e&# every city shall be consi&ere& part of the province (ithin (hich it is 'eo'raphically situate&. A separate "hapter shall be or'ani0e& in each of the follo(in' political sub&ivisions or areas5 (a) +he sub9province of Aurora5 (b) 4ach con'ressional &istrict of the "ity of Manila5

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(c) Que0on "ity5 (&) "aloocan "ity# Malabon an& ?avotas5 (e) Pasay "ity# Makati# Man&aluyon' an& $an Juan &el Monte5 (f) "ebu "ity5 an& (') Ia%boan'a "ity an& )asilan "ity. :nless he other(ise re'isters his preference for a particular "hapter# a la(yer shall be consi&ere& a %e%ber of the "hapter of the province# city# political sub&ivision or area (here his office# or# in the absence thereof# his resi&ence is locate&. !n no case shall any la(yer be a %e%ber of %ore than one "hapter. 4ach "hapter shall have its o(n local 'overn%ent as provi&e& for by unifor% rules to be prescribe& by the )oar& of Aovernors an& approve& by the $upre%e "ourt# the provisions of $ection -> of this ,ule not(ithstan&in'. "hapters belon'in' to the sa%e ,e'ion %ay hol& re'ional conventions on %atters an& proble%s of co%%on concern. Se*t)o% /+ 7ouse of 1elegates. � +he !nte'rate& )ar shall have a ;ouse of Eele'ates of not %ore than one hun&re& t(enty %e%bers (ho shall be apportione& a%on' all the "hapters as nearly as %ay be accor&in' to the nu%ber of their respective %e%bers# but each "hapter shall have at least one Eele'ate. 7n or before Eece%ber 2-# ->=1# an& every four years thereafter# the )oar& of Aovernors shall %ake an apportion%ent of Eele'ates. +he ter% of the office of Eele'ate shall be'in on the &ate of the openin' of the annual convention of the ;ouse an& shall en& on the &ay i%%e&iately prece&in' the &ate of the openin' of the ne.t succee&in' annual convention. ?o person %ay be a Eele'ate for %ore than t(o ter%s. +he ;ouse shall hol& an annual convention at the call of the )oar& of Aovernors at any ti%e &urin' the %onth of April of each year for the election of Aovernor# the rea&in' an& &iscussion of reports inclu&in' the annual report of the )oar& of Aovernors# the transaction of such other business as %ay be referre& to it by the )oar&# an& the consi&eration of such a&&itional %atters as %ay be re<ueste& in (ritin' by at least t(enty Eele'ates. $pecial conventions of the ;ouse %ay be calle& by the )oar& of Aovernors to consi&er only such %atters as the )oar& shall in&icate. A %a/ority of the Eele'ates (ho have re'istere& for a convention# (hether annual or special# shall constitute a <uoru% to &o business. Se*t)o% 0+ Board of 3o(ernors. � +he !nte'rate& )ar shall be 'overne& by a )oar& of Aovernors. ?ine Aovernors shall be electe& by the ;ouse of Eele'ates fro% the nine ,e'ions on the representation basis of one Aovernor fro% each ,e'ion. 4ach Aovernor shall be chosen fro% a list of no%inees sub%itte& by the Eele'ates fro% the ,e'ion# provi&e& that not %ore than one no%inee shall co%e fro% any "hapter. +he Presi&ent an& the 4.ecutive ice Presi&ent# if chosen by the Aovernors fro% outsi&e of the%selves as provi&e& in $ection = of this ,ule# shall ipso fa&to beco%e %e%bers of the )oar&. +he %e%bers of the )oar& shall hol& office for a ter% of one year fro% the &ate of their election an& until their successors shall have been &uly electe& an& <ualifie&. ?o person %ay be a Aovernor for %ore than t(o ter%s.

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+he )oar& shall %eet re'ularly once every three %onths# on such &ate an& such ti%e an& place as it shall &esi'nate. A %a/ority of all the %e%bers of the )oar& shall constitute a <uoru% to &o business. $pecial %eetin's %ay be calle& by the Presi&ent or by five %e%bers of the )oar&. $ub/ect to the approval of the $upre%e "ourt# the )oar& shall a&opt )y9Fa(s an& pro%ul'ate "anons of Professional ,esponsibility for all %e%bers of the !nte'rate& )ar. +he )y9Fa(s an& the "anons %ay be a%en&e& by the $upre%e "ourt motu propio or upon the reco%%en&ation of the )oar& of Aovernors. +he )oar& shall prescribe such other rules an& re'ulations as %ay be necessary an& proper to carry out the purposes of the !nte'rate& )ar as (ell as the provisions of this ,ule. Se*t)o% 7+ )ffi&ers. � +he !nte'rate& )ar shall have a Presi&ent an& an 4.ecutive ice Presi&ent (ho shall be chosen by the Aovernors i%%e&iately after the latterDs election# either fro% a%on' the%selves or fro% other %e%bers of the !nte'rate& )ar# by the vote of at least five Aovernors. 4ach of the re'ional %e%bers of the )oar& shall be e2 offi&io ice Presi&ent for the ,e'ion (hich he represents. +he Presi&ent an& the 4.ecutive ice Presi&ent shall hol& office for a ter% of one year fro% the &ate of their election an& until their successors shall have &uly <ualifie&. +he 4.ecutive ice Presi&ent shall auto%atically beco%e the Presi&ent for the ne.t succee&in' full ter%. +he Presi&ency shall rotate fro% year to year a%on' all the nine ,e'ions in such or&er or rotation as the )oar& of Aovernors shall prescribe. ?o person shall be Presi&ent or 4.ecutive ice Presi&ent of the !nte'rate& )ar for %ore than one ter%. +he !nte'rate& )ar shall have a $ecretary# a +reasurer# an& such other officers an& e%ployees as %ay be re<uire& by the )oar& of Aovernors# to be appointe& by the Presi&ent (ith the consent of the )oar&# an& to hol& office at the pleasure of the )oar& or for such ter%s as it %ay fi.. $ai& officers an& e%ployees nee& not be %e%bers of the !nte'rate& )ar. Se*t)o% 3+ 4a&an&ies. � !n the event the Presi&ent is absent or unable to act# his &uties shall be perfor%e& by the 4.ecutive ice Presi&ent5 an& in the event of the &eath# resi'nation# or re%oval of the Presi&ent# the 4.ecutive ice Presi&ent shall serve as Actin' Presi&ent &urin' the re%ain&er of the ter% of the office thus vacate&. !n the event of the &eath# resi'nation# re%oval# or &isability of both the Presi&ent an& the 4.ecutive ice Presi&ent# the )oar& of Aovernors shall elect an Actin' Presi&ent to hol& office until the ne.t succee&in' election or &urin' the perio& of &isability. +he fillin' of vacancies in the ;ouse of Eele'ates# )oar& of Aovernors# an& all other positions of 7fficers of the !nte'rate& )ar shall be as provi&e& in the )y9Fa(s. 6henever the ter% of an office or position is for a fi.e& perio&# the person chosen to fill a vacancy therein shall serve only for the une.pire& ter%. Se*t)o% 9+ Mem'ership dues. � 4very %e%ber of the !nte'rate& )ar shall pay such annual &ues as the )oar& of Aovernors shall &eter%ine (ith the approval of the $upre%e "ourt. A fi.e& su% e<uivalent to ten percent (-0J) of the collection fro% each "hapter shall be set asi&e as a 6elfare @un& for &isable& %e%bers of the "hapter an& the co%pulsory heirs of &ecease& %e%bers thereof. Se*t)o% 14+ 0ffe&t of non-payment of dues. � $ub/ect to the provisions of $ection -2 of this ,ule# &efault in the pay%ent of annual &ues for si. %onths shall (arrant suspension of %e%bership in the !nte'rate& )ar# an& &efault in such pay%ent for one year shall be a 'roun& for the re%oval of the na%e of the &elin<uent %e%ber fro% the ,oll of Attorneys. Se*t)o% 11+ 4oluntary termination of mem'ership@ re-instatement. � A %e%ber %ay ter%inate his %e%bership by filin' a (ritten notice to that effect (ith the $ecretary of the !nte'rate& )ar# (ho

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shall i%%e&iately brin' the %atter to the attention of the $upre%e "ourt. @orth(ith he shall cease to be a %e%ber an& his na%e shall be stricken by the "ourt fro% the ,oll of Attorneys. ,einstate%ent %ay be %a&e by the "ourt in accor&ance (ith rules an& re'ulations prescribe& by the )oar& of Aovernors an& approve& by the "ourt. Se*t)o% 1,+ 3rie(an&e pro&edures. � +he )oar& of Aovernors shall provi&e in the )y9Fa(s for 'rievance proce&ures for the enforce%ent an& %aintenance of &iscipline a%on' all the %e%bers of the !nte'rate& )ar# but no action involvin' the suspension or &isbar%ent of a %e%ber or the re%oval of his na%e fro% the ,oll of Attorneys shall be effective (ithout the final approval of the $upre%e "ourt. Se*t)o% 1-+ Non-politi&al Bar. � +he !nte'rate& )ar shall be strictly non9political# an& every activity ten&in' to i%pair this basic feature is strictly prohibite& an& shall be penali0e& accor&in'ly. ?o la(yer hol&in' an elective# /u&icial# <uasi9/u&icial# or prosecutory office in the Aovern%ent or any political sub&ivision or instru%entality thereof shall be eli'ible for election of appoint%ent to any position in the !nte'rate& )ar or any "hapter thereof shall be consi&ere& ipso fa&to resi'ne& fro% his position as of the %o%ent he files his certificate of can&i&acy for any elective public office or accepts appoint%ent to any /u&icial# <uasi9/u&icial# or prosecutory office in the Aovern%ent or any political sub&ivision or instru%entality thereof. Se*t)o% 1.+ Positions honorary. � 4.cept as %ay be specifically authori0e& or allo(e& by the $upre%e "ourt# no Eele'ate or Aovernor an& no national or local 7fficer or co%%ittee %e%ber shall receive any co%pensation# allo(ance or e%olu%ent fro% the fun&s of the !nte'rate& )ar for any service ren&ere& therein or be entitle& to rei%burse%ent for any e.pense incurre& in the &ischar'e of his functions. Se*t)o% 1/+ 8is&al matters. � +he )oar& of Aovernors shall a&%inister the fun&s of the !nte'rate& )ar an& shall have the po(er to %ake appropriations an& &isburse%ents therefro%. !t shall cause proper )ooks of Accounts to be kept an& @inancial $tate%ents to be ren&ere& an& shall see to it that the proper au&it is %a&e of all accounts of the !nte'rate& )ar an& all the "hapters thereof. Se*t)o% 10+ *ournal. � +he )oar& of Aovernors shall cause to be publishe& a <uarterly Journal of the !nte'rate& )ar# free copies of (hich shall be &istribute& to every %e%ber of the !nte'rate& )ar. Se*t)o% 17+ 4oluntary Bar asso&iations. � All voluntary )ar associations no( e.istin' or (hich %ay hereafter be for%e& %ay co9e.ist (ith the !nte'rate& )ar but shall not operate at cross9purposes there(ith. Se*t)o% 13+ Amendments. � +his ,ule %ay be a%en&e& by the $upre%e "ourt motu propio or upon the reco%%en&ation of the )oar& of Aovernors or any "hapter of the !nte'rate& )ar. Se*t)o% 19+ )rgani9ational period. � +he "o%%ission on )ar !nte'ration shall or'ani0e the local "hapters an& to(ar& this en& shall secure the assistance of the Eepart%ent of Justice an& of all Ju&'es throu'hout the Philippines. All "hapter or'ani0ational %eetin's shall be hel& on $atur&ay# @ebruary -=# ->=2. !n every case# the "o%%ission shall cause proper notice of the &ate# ti%e an& place of the %eetin' calle& to or'ani0e a "hapter shall constitute a <uoru% for the purpose# inclu&in' the election of a Presi&ent# a ice Presi&ent# a $ecretary# a +reasurer# an& five Eirectors. +he "o%%ission shall initially fi. the nu%ber of Eele'ates an& apportion the sa%e a%on' all the "hapters as nearly as %ay be in proportion to the nu%ber of their respective %e%bers# but each "hapter shall have at least one Eele'ate. +he Presi&ent of each "hapter shall concurrently be its Eele'ate to the ;ouse of Eele'ates. +he ice Presi&ent shall be his alternate# e.cept (here the "hapter is entitle& to have %ore than one Eele'ate# in (hich case the ice Presi&ent shall also be a Eele'ate.

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+he )oar& of Eirectors of the "hapter shall in proper cases elect a&&itional as (ell as alternate Eele'ates. +he ;ouse of Eele'ates shall convene in the "ity of Manila on $atur&ay# March -=# ->=2 for the Purpose of electin' a )oar& of Aovernors. +he Aovernors shall i%%e&iately assu%e office an& forth(ith %eet to elect the 7fficers of the !nte'rate& )ar. +he 7fficers so chosen shall i%%e&iately assu%e their respective positions. Se*t)o% ,4+ 0ffe&ti(ity. � +his ,ule shall take effect on January -3# ->=2. RULE 1-9 ; D)s<&r5e%t &%1 D)s*)9')%e of Attor%e2s Se*t)o% 1+ 7o% $nstituted. � Procee&in's for the &isbar%ent# suspension# or &iscipline of attorneys %ay be taken by the $upre%e "ourt motu propio# or by the !nte'rate& )ar of the Philippines (!)P) upon the verifie& co%plaint of any person. +he co%plaint shall state clearly an& concisely the facts co%plaine& of an& shall be supporte& by affi&avits of persons havin' personal kno(le&'e of the facts therein alle'e& an&Gor by such &ocu%ents as %ay substantiate sai& facts. +he !)P )oar& of Aovernors %ay# motu propio or upon referral by the $upre%e "ourt or by a "hapter )oar& of 7fficers# or at the instance of any person# initiate an& prosecute proper char'es a'ainst errin' attorneys inclu&in' those in the 'overn%ent service. $i. (3) copies of the verifie& co%plaint shall be file& (ith the $ecretary of the !)P or the $ecretary of any of its chapter (ho shall forth(ith trans%it the sa%e to the !)P )oar& of Aovernors for assi'n%ent to an investi'ator. A+ PROCEEDIN$S IN TAE INTE$RATED ;AR OF TAE PAILIPPINES Se*t)o% ,+ National 3rie(an&e $n(estigators. � +he )oar& of Aovernors shall appoint fro% a%on' !)P %e%bers an !nvesti'ator or# (hen special circu%stances so (arrant# a panel of three (2) investi'ators to investi'ate the co%plaint. All !nvesti'ators shall take an oath of office in the for% prescribe& by the )oar& of Aovernors. A copy of the !nvesti'atorDs appoint%ent an& oath shall be trans%itte& to the $upre%e "ourt. An !nvesti'ator %ay be &is<ualifie& by reason of relationship (ithin the fourth &e'ree of consan'uinity of affinity to any of the parties of their counsel# pecuniary interest# personal bias# or his havin' acte& as counsel to his actin' as such !nvesti'ator. 6here the !nvesti'ator &oes not &is<ualify hi%self# a party %ay appeal to the !)P )oar& of Aovernors# (hich by %a/ority vote of the %e%bers present# there bein' a <uoru%# %ay or&er his &is<ualification. Any !nvesti'ator %ay also be re%ove& for cause# after &ue hearin'# by the vote of at least si. (3) %e%bers of the !)P )oar& of Aovernors. +he &ecision of the )oar& of Aovernors in all cases of &is<ualification or re%oval shall be final. Se*t)o% -+ 1uties of the National 3rie(an&e $n(estigator. � +he ?ational Arievance !nvesti'ators shall investi'ate all co%plaints a'ainst %e%bers of the !nte'rate& )ar referre& to the% by the !)P )oar& of Aovernors. Se*t)o% .+ Chapter assistan&e to &omplainant. � +he proper !)P "hapter %ay assist the co%plainant(s) in the preparation an& filin' of his co%plaint(s).

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Se*t)o% /+ Ser(i&e or dismissal. � !f the co%plaint appears to be %eritorious# the !nvesti'ator shall &irect that a copy thereof be serve& upon the respon&ent# re<uirin' hi% to ans(er the sa%e (ithin fifteen (-5) &ays fro% the &ate of service. !f the co%plaint &oes not %erit action# or if the ans(er sho(s to the satisfaction of the !nvesti'ator that the co%plaint is not %eritorious# the sa%e %ay be &is%isse& by the )oar& of Aovernors upon his reco%%en&ation. A copy of the resolution of &is%issal shall be furnishe& the co%plainant an& the $upre%e "ourt (hich %ay revie( the case motu propio or upon ti%ely appeal of the co%plainant file& (ithin -5 &ays fro% notice of the &is%issal of the co%plainant. ?o investi'ation shall be interrupte& or ter%inate& by reason of the &esistance# settle%ent# co%pro%ise# restitution# (ith&ra(al of the char'es# or failure of the co%plainant to prosecute the sa%e# unless the Supreme Court motu propio or upon re&ommendation of the $BP Board of 3o(ernors, determines that there is no &ompelling reason to &ontinue %ith the dis'arment or suspension pro&eedings against the respondent. (A%en&%ent pursuant to $upre%e "ourt ,esolution &ate& May 2=# ->>2 re )ar Matter 253). Se*t)o% 0+ 4erifi&ation and ser(i&e of ans%er. � +he ans(er shall be verifie&. +he ori'inal an& five (5) le'ible copies of the ans(er shall be file& (ith the !nvesti'ator# (ith proof of service of a copy thereof on the co%plainant or his counsel. Se*t)o% 7+ Administrati(e &ounsel. � +he !)P )oar& of Aovernors shall appoint a suitable %e%ber of the !nte'rate& )ar as counsel to assist the co%plainant of the respon&ent &urin' the investi'ation in case of nee& for such assistance. Se*t)o% 3+ $n(estigation. � :pon /oin&er of issues or upon failure of the respon&ent to ans(er# the !nvesti'ator shall# (ith &eliberate spee&# procee& (ith the investi'ation of the case. ;e shall have the po(er to issue subpoenas an& a&%inister oaths. +he respon&ent shall be 'iven full opportunity to &efen& hi%self# to present (itnesses on his behalf# an& be hear& by hi%self an& counsel. ;o(ever# if upon reasonable notice# the respon&ent fails to appear# the investi'ation shall procee& e2 parte. +he !nvesti'ator shall ter%inate the investi'ation (ithin three (2) %onths fro% the &ate of its co%%ence%ent# unless e.ten&e& for 'oo& cause by the )oar& of Aovernors upon prior application. 6illful failure or refusal to obey a subpoena or any other la(ful or&er issue& by the !nvesti'ator shall be &ealt (ith as for in&irect conte%pt of court. +he correspon&in' char'e shall be file& by the !nvesti'ator before the !)P )oar& of Aovernors (hich shall re<uire the alle'e& conte%nor to sho( cause (ithin ten (-0) &ays fro% notice. +he !)P )oar& of Aovernors %ay thereafter con&uct hearin's# if necessary# in accor&ance (ith the proce&ure set forth in this ,ule for hearin's before the !nvesti'ator. $uch hearin' shall as far as practicable be ter%inate& (ithin fifteen (-5) &ays fro% its co%%ence%ent. +hereafter# the !)P )oar& of Aovernors shall (ithin a like perio& of fifteen (-5) &ays issue a resolution settin' forth its fin&in's an& reco%%en&ations# (hich shall forth(ith be trans%itte& to the $upre%e "ourt for final action an& if (arrante&# the i%position of penalty. Se*t)o% 9+ 1epositions. � Eepositions %ay be taken in accor&ance (ith the ,ules of "ourt (ith leave of the investi'ator(s). 6ithin the Philippines# &epositions %ay be taken before any %e%ber of the )oar& of Aovernors# the Presi&ent of any "hapter# or any officer authori0e& by la( to a&%inister oaths. Eepositions %ay be taken outsi&e the Philippines before &iplo%atic or consular representative of the Philippine Aovern%ent or before any person a'ree& upon by the parties or &esi'nate& by the )oar& of Aovernors.

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Any suitable %e%ber of the !nte'rate& )ar in the place (here a &eposition shall be taken %ay be &esi'nate& by the !nvesti'ator to assist the co%plainant or the respon&ent in takin' a &eposition. Se*t)o% 14+ Report of $n(estigator. � ?ot later than thirty (20) &ays fro% the ter%ination of the investi'ation# the !nvesti'ator shall sub%it a report containin' his fin&in's of fact an& reco%%en&ations to the !)P )oar& of Aovernors# to'ether (ith the steno'raphic notes an& the transcript thereof# an& all the evi&ence presente& &urin' the investi'ation. +he sub%ission of the report nee& not a(ait the transcription of the steno'raphic notes# it bein' sufficient that the report repro&uce substantially fro% the !nvesti'atorDs personal notes any relevant an& pertinent testi%onies. Se*t)o% 11+ 1efe&ts. � ?o &efect in a co%plaint# notice# ans(er# or in the procee&in' or the !nvesti'atorDs ,eport shall be consi&ere& as substantial unless the )oar& of Aovernors# upon consi&erin' the (hole recor&# fin&s that such &efect has resulte& or %ay result in a %iscarria'e of /ustice# in (hich event the )oar& shall take such re%e&ial action as the circu%stances %ay (arrant# inclu&in' invali&ation of the entire procee&in's. Se*t)o% 1,+ ,evie( an& &ecision by the )oar& of Aovernors. a) 4very case hear& by an investi'ator shall be revie(e& by the !)P )oar& of Aovernors upon the recor& an& evi&ence trans%itte& to it by the !nvesti'ator (ith his report. +he &ecision of the )oar& upon such revie( shall be in (ritin' an& shall clearly an& &istinctly state the facts an& the reasons on (hich it is base&. !t shall be pro%ul'ate& (ithin a perio& not e.cee&in' thirty (20) &ays fro% the ne.t %eetin' of the )oar& follo(in' the sub%ittal of the !nvesti'atorDs ,eport. b) !f the )oar&# by the vote of a %a/ority of its total %e%bership# &eter%ines that the respon&ent shoul& be suspen&e& fro% the practice of la( or &isbarre&# it shall issue a resolution settin' forth its fin&in's an& reco%%en&ations (hich# to'ether (ith the (hole recor& of the case# shall forth(ith be trans%itte& to the $upre%e "ourt for final action. c) !f the respon&ent is e.onerate& by the )oar& or the &isciplinary sanction i%pose& by it is less than suspension or &isbar%ent (such as a&%onition# repri%an&# or fine) it shall issue a &ecision e.oneratin' respon&ent or i%posin' such sanction. +he case shall be &ee%e& ter%inate& unless upon petition of the co%plainant or other intereste& party file& (ith the $upre%e "ourt (ithin fifteen (-5) &ays fro% notice of the )oar&Ds resolution# the $upre%e "ourt or&ers other(ise. &) ?otice of the resolution or &ecision of the )oar& shall be 'iven to all parties throu'h their counsel. A copy of the sa%e shall be trans%itte& to the $upre%e "ourt. ;+ PROCEEDIN$S IN TAE SUPREME COURT Se*t)o% 1-+ Supreme Court $n(estigation. � !n procee&in's initiate& motu propio by the $upre%e "ourt or in other procee&in's (hen the interest of /ustice so re<uires# the $upre%e "ourt %ay refer the case for investi'ation to the $olicitor9Aeneral or to any officer of the $upre%e "ourt or /u&'e of a lo(er court# in (hich case the investi'ation shall procee& in the sa%e %anner provi&e& in sections 3 to -- hereof# save that the revie( of the report of investi'ation shall be con&ucte& &irectly by the $upre%e "ourt. Se*t)o% 1.+ Report of the Soli&itor 3eneral of other Court-designated $n(estigator . � )ase& upon the evi&ence a&&uce& at the investi'ation# the $olicitor Aeneral or other !nvesti'ator &esi'nate& by the $upre%e "ourt shall sub%it to the $upre%e "ourt a report containin' his fin&in's of fact an& reco%%en&ations for the final action of the $upre%e "ourt.

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C+ COMMON PROVISIONS Se*t)o% 1/+ Suspension of attorney 'y Supreme Court. � After receipt of respon&entDs ans(er or lapse of the perio& therefor# the $upre%e "ourt# motu propio# or at the instance of the !)P )oar& of Aovernors upon the reco%%en&ation of the !nvesti'ator# %ay suspen& an attorney fro% the practice of his profession for any of the causes specifie& in ,ule -28# $ection 2=# &urin' the pen&ency of the investi'ation until such suspension is lifte& by the $upre%e "ourt. Se*t)o% 10+ Suspension of attorney 'y the Court of Appeals or a Regional #rial Court. 1 � +he "ourt of Appeals or ,e'ional +rial "ourt %ay suspen& an attorney fro% practice for any of the causes na%e& in ,ule -28# $ection 2= ,# until further action of the $upre%e "ourt in the case. Se*t)o% 17+ .pon suspension 'y Court of Appeals or Regional #rial Court, further pro&eedings in Supreme Court. � :pon such suspension# the "ourt of Appeals or a ,e'ional +rial "ourt shall forth(ith trans%it to the $upre%e "ourt a certifie& copy of the or&er of suspension an& a full state%ent of the facts upon (hich the sa%e (as base&. :pon receipt of such certifie& copy an& state%ent# the $upre%e "ourt shall %ake a full investi'ation of the case an& %ay revoke# shorten or e.ten& the suspension# or &isbar the attorney as the facts %ay (arrant. Se*t)o% 13+ Confidentiality. � Procee&in's a'ainst attorneys shall be private an& confi&ential. ;o(ever# the final or&er of the $upre%e "ourt shall be publishe& like its &ecisions in other cases. Se*t)o% 19+ 02penses. � All reasonable an& necessary e.penses incurre& in relation to &isciplinary an& &isbar%ent procee&in's are la(full char'es for (hich the parties %ay be ta.e& as costs. Se*t)o% ,4+ 0ffe&ti(ity and #ransitory Pro(ision. � +his ,ule shall take effect June -# ->88 an& shall superse&e the present ,ule -2> entitle& 8E!$)A,M4?+ 7, $:$P4?$!7? 7@ A++7,?4K$8. All cases pen&in' investi'ation by the 7ffice of the $olicitor Aeneral shall be transferre& to the !nte'rate& )ar of the Philippines )oar& of Aovernors for investi'ation an& &isposition as provi&e& in this ,ule e.cept those cases (here the investi'ation has been substantially co%plete&. Foot%otes - +his section an& the follo(in' $ection -= seperse&e $ection > of ,ule -2>. 2 +he te.t of ,ule -28# $ection 2= rea&s* 8$4". 2=. Attorneys re%ove& or suspen&e& by the $upre%e "ourt on (hat 'roun&s. � A %e%ber of the bar %ay be re%ove& or suspen&e& for% his office as attorney by the $upre%e "ourt for any &eceit# %alpractice or other 'ross %iscon&uct in such office# 'rossly i%%oral con&uct# or by reason of his conviction of a cri%e involvin' %oral turpitu&e# or for any violation of the oath (hich he is re<uire& to take before a&%ission to practice# or for a (illful &isobe&ience of any la(ful or&er of a superior court# or for corruptly or (illfully appearin' as an attorney for a party to a case (ithout authority so to &o. +he practice of solicitin' cases at la( for the purpose of 'ain# either personally or throu'h pai& a'ents or brokers# constitutes %alpractice. RULE 1.4 Ch&r6es A6&)%st "u16es of F)rst I%st&%*e Se*t)o% 1+ Complaint 9 All "har'es a'ainst /u&'es of first instance shall be in (ritin' an& shall set out &istinctly# clearly# an& concisely the facts co%plaine& of as constitutin' the alle'e& serious %iscon&uct or inefficiency of the respon&ent# an& shall be s(orn to an& supporte& by affi&avits of persons (ho have personal kno(le&'e of the facts therein alle'e&# an& shall be acco%panie& (ith copies of &ocu%ents (hich %ay substantiate sai& facts.

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Se*t)o% ,+ Ser(i&e or dismissal. 9 !f the char'es appear to %erit action# a copy thereof shall be serve& upon the respon&ent# re<uirin' hi% to ans(er (ithin ten (-0) &ays fro% the &ate service. !f the char'es &o not %erit action# or if the ans(er sho(s to the satisfaction of the court that the char'es are not %eritorious# the sa%e shall be &is%isse&. Se*t)o% -+ Ans%er@ hearing. 9 :pon the filin' of respon&ents ans(er or upon the e.piration of the ti%e for its filin'# the court shall assi'n one of its %e%bers# a Justice of the "ourt of Appeals or a /u&'e of first instance to con&uct the hearin' of the char'es. +he Justice or /u&'e so assi'ne& shall set a &ay for the hearin'# an& notice thereof shall be serve& on both parties. At such hearin' the parties %ay present oral or (ritten evi&ence. Se*t)o% .+ Report 9 After the hearin'# the Justice or /u&'e shall file (ith the $upre%e "ourt a report of his fin&in's of fact an& conclusions of la(# acco%panie& by the evi&ence presente& by the parties an& the other papers in he case. Se*t)o% /+ A&tion 9 After the filin' of the report# the court (ill take such action as the facts an& the la( %ay (arrant. Se*t)o% 0+ Confidential. 9 Procee&in's a'ainst /u&'es of first instance shall be private an& confi&ential.

A+M+ NO+ 44 , 41 SC M&r*h 41, ,444 RESOLUTION AMENDIN$ RULES 1.1 (LE$AL FEES! OF TAE RULES OF COURT Pursuant to the resolution of the "ourt of -1 $epte%ber ->>> in A.M. ?o. >>9890-9$"# ,ule -1- of the ,ules of "ourt is hereby further a%en&e& to rea& as follo(s* RULE 1.1 Le6&' Fees Se*t)o% 1+ Payment of fees. � :pon the filin' of the plea&in' or other application (hich initiates an action or procee&in'# the fees prescribe& therefor shall be pai& in full. (n) Se*t)o% ,+ 8ees in lien. � 6here the court in its final /u&'%ent a(ar&s a clai% not alle'e&# or a relief &ifferent fro%# or %ore than that clai%e& in the plea&in'# the party concerne& shall pay the a&&itional fees (hich shall constitute a lien on the /u&'%ent in satisfaction of sai& lien. +he clerk of court shall assess an& collect the correspon&in' fees. (n) Se*t)o% -+ Persons authori9ed to &olle&t legal fees. � 4.cept as other(ise provi&e& in this rule# the officers an& persons hereinafter %entione&# to'ether (ith their assistants an& &eputies# %ay &e%an&# receive# an& take the several fees hereinafter %entione& an& allo(e& for any business by the% respectively &one by virtue of their several offices# an& no %ore. All fees so collecte& shall be forth(ith re%itte& to the $upre%e "ourt. +he fees collecte& shall accrue to the 'eneral fun&. ;o(ever# all increases in the le'al fees prescribe& in a%en&%ents to this rule as (ell as ne( le'al fees prescribe& herein shall pertain to the Ju&iciary Eevelop%ent @un& as establishe& by la(. +he persons herein authori0e& to collect le'al fees shall be accountable officers an& shall be re<uire& to post bon& in such a%ount as prescribe& by la(. (la)

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Se*t)o% .+ Cler/s of the Court of Appeals and of the Supreme Court. � (a) @or filin' an action# procee&in'# appeal by notice or recor& on appeal (hen re<uire&# enterin' appearance of the parties# enterin' or&ers of the court# filin' an& &ocketin' all %otions# &ocketin' of case on all proper &ockets# an& in&e.in' the sa%e# enterin'# recor&in' an& certification of /u&'%ent an& re%an&in' of recor&s of the lo(er court# ta.in' the costs# a&%inisterin' all necessary oaths or affir%ation in the action or procee&in'# recor&in' the opinion of the court# an& issuin' all necessary process in the action or procee&in' not herein other(ise provi&e& for# each action or special procee&in'# five hun&re& (P500.00) pesos5 (b) @or the perfor%ance of %arria'e cere%ony# inclu&in' issuance of certificate of %arria'e# three hun&re& (P200.00) pesos. (c) @or furnishin' transcripts of the recor& or copies of any recor&# /u&'%ent# or entry of (hich any person is entitle& to &e%an& an& receive a copy# for each pa'e# four (P1.00) pesos5 (&) @or each certificate not in process# thirty (P20.00) pesos5 (e) @or every search for anythin' above a yearDs stan&in' an& rea&in' the sa%e# fifteen (P-5.00) pesos5 (f) @or a co%%ission on all %oney co%in' into his han&s rules or or&er of the court an& carin' for the sa%e# t(o an& one9half (2.5J) percent on all su%s not e.cee&in' four thousan& (P1#000.00) pesos# an& one an& one9half (-.5J) percent upon all su%s in e.cess of four thousan& (P1#000.0) pesos# an& one (-J) percent on all su%s in e.cess of forty thousan& (P10#000.00) pesos. (1a) Se*t)o% /+ 8ees to 'e paid 'y the ad(an&ing party. � +he fees of the clerk of the "ourt of Appeals or of the $upre%e "ourt shall be pai& hi% at the sa%e ti%e of the entry of the action or procee&in' in the court by the party (ho enters the sa%e by appeal or other(ise# an& the clerk shall in all cases 'ive a receipt for the sa%e an& shall enter the a%ount receive& upon his book# specifyin' the &ate (hen receive&# person fro% (ho% receive&# na%e of action in (hich receive& an& a%ount receive&. !f the fees are not pai&# the court %ay refuse to procee& (ith the action until they are pai& an& %ay &is%iss the appeal or the procee&in'. (2a) Se*t)o% 0+ 8ees of 'ar &andidates. � (a) @or filin' the application for a&%ission to the bar# (hether a&%itte& to the e.a%ination or not# one thousan& an& seven hun&re& fifty (P-#=50.00) pesos for ne( applicants# an& for repeaters# plus the a&&itional a%ount of t(o hun&re& (P200.00) pesos %ultiplie& by the nu%ber of ti%es the applicant has faile& in the bar e.a%inations5 (b) @or a&%ission to the bar# inclu&in' oath takin'# si'nin' of the roll of attorneys# the issuance of &iplo%a of a&%ission to the Philippine )ar# one thousan& an& seven hun&re& fifty (P-#=50.00) pesos5 (c) 7ther )ar @ees. � @or the issuance of* -. "ertification of a&%ission to the Philippine )ar P50.00 2. "ertificate of 'oo& stan&in' (local) 50.00 2. "ertificate of 'oo& stan&in' (forei'n) -00.00

228

1. erification of %e%bership in the bar 50.00 5. "ertificate of 'ra&es in the bar e.a%inations 50.00 3. 7ther certification of recor&s at the )ar 7ffice# per pa'e -5.00 =. A &uplicate &iplo%a of a&%ission to the Philippine )ar 500.00 @or services in connection (ith the return of e.a%ination notebooks to e.a%inees# a fee of thirty (P20.00) pesos shall also be char'e&. (3a) Se*t)o% 7+ Cler/s of Regional #rial Courts. � (a) @or filin' an action or a per%issive counterclai% or %oney clai% a'ainst an estate not base& on /u&'%ent# or for filin' (ith leave of court a thir&9party# fourth9party# etc.# co%plaint# or a co%plaint in intervention# an& for all clerical services in the sa%e# if the total su% clai%e&# e.clusive of interest# or the state& value of the property in liti'ation# is* -. Fess than P-00#000.00 P500.00 2. P-00#000.00 or %ore but less than P-50#000.00 P800.00 2. P-50#000.00 or %ore but less than P200#000.00 P-#000.00 1. P200#000.00 or %ore but less that P250#000.00 P-#500.00 5. P250#000.00 or %ore but less than P200#000.00 P-#=50.00 3. P200#000.00 or %ore but less than P250#000.00 P2#000.00 =. P250#000.00 or %ore but not %ore than P100#000.00 P2#250.00 8. @or each P-#000.00 in e.cess of 100#000.00 P-0.00 (b) @or filin' -. Actions (here the value of the sub/ect %atter cannot be esti%ate& P300.00 2. $pecial civil actions e.cept /u&icial foreclosure of %ort'a'e (hich shall be 'overne& by para'raph (a) above 300.00 2. All other actions not involvin' property 300.00 !n a real action# the assesse& value of the property# or if there is none# the esti%ate& value thereof shall be alle'e& by the clai%ant an& shall be the basis in co%putin' the fees. (c) @or filin' re<uests for e.tra/u&icial foreclosure of real estate or chattel %ort'a'e# if the a%ount of in&ebte&ness# or the %ort'a'eeDs clai% is*

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-. Fess than P50#000.00 P2=5.00 2. P50#000.00 or %ore but less than P-00#000.00 P100.00 2. P-00#000.00 or %ore but less than P-50#000.00 P500.00 1. P-50#000.00 or %ore but less than P200#000.00 P350.00 5. P200#000.00 or %ore but less than P250#000.00 P-#000.00 3. P250#000.00 or %ore but less than P200#000.00 P-#250.00 =. P200#000.00 or %ore than but less than P100#000.00 P-#500.00 8. P100#000.00 or %ore but less than P500#000.00 P-#=50.00 >. P500#000.00 or %ore but not less than P-#000#000.00 P2#000.00 -0. @ore each P-#000.00 in e.cess of P-#000#000.00 P-0.00 (&) @or initiatin' procee&in's for the allo(ances of (ills# 'rantin' letters of a&%inistration# appoint%ent of 'uar&ians# trustees# an& other special procee&in's# the fees payable shall be collecte& in accor&ance (ith the value of the property involve& in the procee&in's# (hich %ust be state& in the application or petition# as follo(s* -. More than P-00#000.00 but less than P-50#000.00 P2#000.00 2. P-50#000.00 or %ore but less than P200#000.00 2#250.00 2. P200#000.00 or %ore but less than P250#000.00 2#500.00 1. P250#000.00 or %ore but less than P200#000.00 2#=50.00 5. P200#000.00 or %ore but less than P250#000.00 2#000.00 3. P250#000.00 or %ore but not %ore than P100#000.00 2#250.00 =. @or each P-#000.00 in e.cess of P100#000.00 -0.00 !f the value of the estate as &efinitely appraise& by the court is %ore than the value &eclare& in the application# the &ifference of fee shall be pai&* provi&e& that a certificate fro% the clerk of court that the proper fees have been pai& shall be re<uire& prior to the closure of the procee&in's. (e) for filin' petitions for naturali0ation or other %o&es of ac<uisition of citi0enship# t(o thousan& P2#000.00) pesos5 (f) @or filin' petitions for a&option# support# annul%ent of %arria'e# le'al separation an& other actions or procee&in's un&er the @a%ily "o&e# t(o hun&re& (P200.00) pesos5

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!f the procee&in's involve separation of property# an a&&itional fee correspon&in' to the value of the property involve& shall be collecte&# co%pute& in accor&ance (ith the rates for special procee&in's. (') @or all other special procee&in's not concernin' property# t(o hun&re& (P200.00) pesos5 (h) @or the perfor%ance of the %arria'e cere%ony inclu&in' issuance of certificate of %arria'e# three hun&re& (P200.00) pesos5 (i) @or filin' an application for co%%ission as notary public# five hun&re& (P500.00) pesos5 (/) @or certifie& copies of any paper# recor&# &ecree# /u&'%ent# or entry thereof for each pa'e# four (P1.00) an& fifteen (P-5.00) pesos for certification5 (k) @or a co%%ission on all %oney co%in' into the clerksD han&s by la(# rule# or&er or (rit of court an& carin' for the sa%e# one an& one9half (-.5J) per &entum on all su%s not e.cee&in' forty thousan& (P10#000.00) pesos# an& one (-J) per &entum on all su%s in e.cess of forty thousan& (P10#000.00) pesos. (l) @or any other services as clerk not provi&e& in this section# one hun&re& an& fifty (P-50.00) pesos shall be collecte&. (=a) Se*t)o% 3+ Cler/s of Courts of the 8irst ;e(el. � (a) @or each civil action or procee&in'# (here the value of the sub/ect %atter involve&# or the a%ount of the &e%an&# inclusive of interest# &a%a'es of (hatever kin&# attorneyDs fees# liti'ation e.penses# an& costs is* -. ?ot %ore than P20#000.00 P-50.00 2. More than P20#000.00 but not %ore than P-00#000.00 500.00 2. More than P-00#000.00 but not %ore than P200#000.00 -#250.00 1. More than P200#000.00 but not %ore than P200#000.00 -#=50.00 5. More than P200#000.00 but not %ore than P100#000.00 2#500.00 !n a real action# other than for forcible entry an& unla(ful &etainer# the assesse& value of the property or if not &eclare& for ta.ation purposes# the assesse& value of the a&/acent lots# or if there is none# the esti%ate& value thereof shall be alle'e& by the clai%ant an& shall be the basis in co%putin' the fees. (b) @or initiatin' procee&in's for the allo(ance of (ills# 'rantin' of letters of a&%inistration an& settle%ent of estates of s%all value# (here the value of the estate is* -. ?ot %ore than P20#000.00 P250.00 2. More than P20#000.00 but not %ore than P-00#000.00 -#250.00

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2. More than P-00#000.00 but not %ore than P200#000.00 2#000.00 1. @or each procee&in' other than the allo(ance of (ills (probate) 'rantin' of letters of a&%inistration# settle%ent of estate of s%all value# t(o hun&re& (P200.00) pesos5 (c) @or forcible entry an& unla(ful &etainer cases# one hun&re& an& fifty (P-50.00) pesos5 (&) @or appeals in all actions or procee&in's# inclu&in' forcible entry an& &etainer cases# taken fro% courts of first level# t(o hun&re& (P200.00) pesos (e) @or the perfor%ance of %arria'e cere%ony# inclu&in' issuance of certificate of %arria'e# three hun&re& (P200.00) pesos5 (f) @or takin' affi&avit# t(enty9five (P25.00) pesos5 (') @or takin' ackno(le&'%ent# thirty (P20.00) pesos5 (h) @or takin' an& certifyin' &epositions# inclu&in' oath# per pa'e# ei'ht (P8.00) pesos5 (i) @or certifie& copies of any recor&# per pa'e# ten (P-0.00) pesos5 (/) @or sta%pin' an& re'isterin' books as re<uire& by articles nineteen an& thirty9si. of the "o&e of "o%%erce each book# thirty (P20.00) pesos5 (k) @or perfor%in' notarial acts for (hich fees are not specifically fi.e& in this section# the sa%e fees (hich notaries public are entitle& to receive (8a) Se*t)o% 9+ Sheriffs and other persons ser(ing pro&esses. � (a) @or servin' su%%ons an& copy of co%plaint# for each &efen&ant# si.ty (P30.00) pesos5 (b) @or servin' subpoenas in civil action or procee&in'# for each (itness to be serve&# t(enty9 four (P21.00) pesos5 (c) @or e.ecutin' a (rit of attach%ent a'ainst the property of &efen&ant# si.ty (P30.00) pesos5 (&) @or servin' te%porary restrainin' or&er# or (rit of in/unction# preli%inary or final# of any court# si.ty (P30.00) pesos5 (e) @or e.ecutin' a (rit of replevin# si.ty (P30.00) pesos5 (f) @or filin' bon&s or other instru%ents of in&e%nity or security in provisional re%e&ies# for each bon& or instru%ent# fifty (P50.00) pesos5 (') @or e.ecutin' a (rit or process to place a party in possession of the real estates# one hun&re& an& fifty (P-50.00) pesos5 (h) @or a&vertisin' a sale# besi&es cost of publication# seventy9five (P=5.00) pesos5

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(i) @or takin' inventory of 'oo&s levie& upon (hen the inventory is or&ere& by the court# one hun&re& an& fifty (P-50.00) pesos per &ay of actual inventory (ork. (/) @or levyin' on e.ecution on personal or real property# seventy9five (P=5.00) pesos5 (k) @or issuin' a notice of 'arnish%ent# for each notice# thirty (P20.00) pesos5 (l) @or %oney collecte& by hi% by or&er# e.ecution# attach%ent# or any other process# /u&icial or e.tra/u&icial# the follo(in' su%s# to (it* -. 7n the first four thousan& (P1#000.00) pesos# five (5J) per &entum 2. 7n all su%s in e.cess of four thousan& (P1#000.00) pesos# t(o an& one9half (2.5J) per &entum !n a&&ition to the fees hereinabove fi.e&# the party re<uestin' the process of any court# preli%inary# inci&ental# or final# shall pay the sheriffDs e.penses in servin' or e.ecutin' the process# or safe'uar&in' the property levie& upon# attache& or sei0e&# inclu&in' kilo%etra'e for each kilo%eter of travel# 'uar&Ds fees# (arehousin' an& si%ilar char'es# in an a%ount esti%ate& by the sheriff# sub/ect to the approval of the court. :pon approval of sai& esti%ate& e.penses# the intereste& party shall &eposit such a%ount (ith the clerk of court an& e2 offi&io sheriff# (ho shall &isburse the sa%e to the &eputy sheriff assi'ne& to effect the process# sub/ect to li<ui&ation (ithin the sa%e perio& for ren&erin' a return on the process. Any unspent a%ount shall be refun&e& to the party %akin' the &eposit. A full report shall be sub%itte& by the &eputy sheriff assi'ne& (ith his return# an& the sheriffDs e.penses shall be ta.e& as costs a'ainst the /u&'%ent &ebtor. (>a) Se*t)o% 14+ Stenographers. � $teno'raphers shall 'ive certifie& transcript of notes taken by the% to every person re<uestin' the sa%e upon pay%ent of (a) si. (P3.00) pesos for each pa'e not less than t(o hun&re& an& fifty (or&s before the appeal is taken an& (b) three pesos an& si.ty centavos (P2.30) for the sa%e pa'e# after the filin' of the appeal# provi&e&# ho(ever that one9thir& of the total char'es shall be pai& to the court an& the re%ainin' t(o9thir&s to the steno'rapher concerne& (-0a) Se*t)o% 11+ Notaries. � ?o notary public shall char'e or receive for any service ren&ere& by hi% any fee# re%uneration or co%pensation in e.cess of those e.pressly prescribe& in the follo(in' sche&ule* (a) @or protests of &rafts# bills or e.chan'e# or pro%issory notes for non9acceptance or non9 pay%ent an& for notice thereof# thirty9si. (P23.00) pesos5 (b) @or the re'istration of such protest an& safekeepin' of the sa%e thirty9si. (P23.00) pesos5 (c) @or authenticatin' po(ers of attorney# thirty9si. (P23.00) pesos5 (&) @or s(orn state%ent concernin' correctness of any account or other &ocu%ent# thirty9si. (P23.00) pesos5 (e) @or each oath of affir%ation# thirty9si. (P23.00) pesos5 (f) @or receivin' evi&ence of in&ebte&ness to be sent outsi&e# thirty9si. (P23.00) pesos5 (') @or issuin' a certifie& copy of all or part of his notarial re'ister or notarial recor&s# for each pa'e# thirty9si. (P23.00) pesos5

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(h) @or takin' &epositions# for each pa'e# thirty9si. (P23.00) pesos5 an& (i) @or ackno(le&'in' other &ocu%ents not enu%erate& in this section# thirty9si. (P23.00) pesos. (--a) Se*t)o% 1,+ )ther offi&ers ta/ing depositions. � 7ther officers takin' &epositions shall receive the sa%e co%pensation as above provi&e& for notaries public for takin' an& certifyin' &epositions. (-0) Se*t)o% 1-+ ,itness fees. � (a) 6itnesses in the $upre%e "ourt# in the "ourt of Appeals an& in the ,e'ional +rial "ourts# either in actions or special procee&in's# shall be entitle& to one hun&re& (P-00.00) pesos per &ay inclusive of travel ti%e5 (b) 6itnesses before courts of the first level shall be allo(e& fifty (P50.00) pesos per &ay5 (c) @ees to (hich (itnesses %ay be entitle& in a civil action shall be allo(e&# on a certification of the clerk of court or /u&'e of his appearance in the case. A (itness shall not be allo(e& co%pensation for his atten&ance in %ore than one case or %ore than one si&e of the sa%e case at the sa%e ti%e# but %ay elect in (hich of several cases or on (hich si&e of a case# (hen he is su%%one& by both si&es# to clai% his atten&ance. A person (ho is co%pelle& to atten& court on other business shall not be pai& as (itness. (--a) Se*t)o% 1.+ 8ees of appraisers. � Appraisers appointe& to appraisers appointe& to appraise the estate of a (ar& of a &ecease& person shall each receive a co%pensation of t(o hun&re& (P200.00) pesos per &ay for the ti%e actually an& necessarily e%ploye& in the perfor%ance of their &uties an& in %akin' their reports# (hich fees# in each instance# shall be pai& out of the estate of the (ar& or &ecease& person# as the case %ay be. Any actual an& necessary travelin' e.penses incurre& in the perfor%ance of their &uties of such appraisers %ay like(ise be allo(e& an& pai& out of the estate. (-2a) Se*t)o% 1/+ 8ees of &ommissioners in eminent domain pro&eedings. � +he co%%issioners appointe& to appraise lan& sou'ht to be con&e%ne& for public uses in accor&ance (ith these rules shall each receive a co%pensation of t(o hun&re& (P200.00) pesos per &ay for the ti%e actually an& necessarily e%ploye& in the perfor%ance of their &uties an& in %akin' their report to the court# (hich fees shall be ta.e& as part of the costs of the procee&in's. (-2a) Se*t)o% 10+ 8ees of &ommissioners in pro&eedings for partition of real state . � +he co%%issioners appointe& to %ake partition of real state shall each receive a co%pensation of t(o hun&re& (P200.00) pesos per &ay for the ti%e actually an& necessarily e%ploye& in the perfor%ance of their &uties an& in %akin' their report to the court# (hich fees shall be ta.e& as a part of the costs of the procee&in's. (-1a) Se*t)o% 17+ 8ees# and the a&&ount thereof. � +he clerk# un&er the &irection of the /u&'e# shall keep a book in (hich shall be entere& the ite%s of fees (hich have accrue& for the transaction of businesses covere& by the provisions of this rule# for (hich fees are payable# specifyin' for (hat business each ti%e of fees has accrue&. ,eceipts shall be 'iven for all fees receive& an& they shall be accounte& for in the %anner provi&e& in relation to the fees of clerks of courts in actions. +he book of fees kept by the clerk shall be accounte& for in the %anner provi&e& in relation of the fees of the clerk of court in inspection of au&itin' officer an& other intereste& therein. (-5) Se*t)o% 13+ $ndigent-litigants e2empts from payment of legal fees. � !n&i'ent liti'ants (a) (hose 'ross inco%e an& that of their i%%e&iate fa%ily &o not e.cee& four thousan& (P1#000.00) pesos a %onth if resi&in' in Metro Manila# an& three thousan& (P2#000.00) pesos a %onth if resi&in' outsi&e Metro Manila# an& (b) (ho &o not o(n real property (ith an assesse& value of %ore than fifty thousan& (P50#000.00) pesos shall be e.e%pt fro% the pay%ent of le'al fees.

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+he le'al fees shall be a lien on any /u&'%ent ren&ere& in the case favorably to the in&i'ent liti'ant# unless the court other(ise provi&es. +o be entitle& to the e.e%ption herein provi&e&# the liti'ant shall e.ecute an affi&avit that he an& his i%%e&iate fa%ily &o not earn a 'ross inco%e above%entione&# nor they o(n any real property (ith the assesse& value afore%entione&# supporte& by an affi&avit of a &isintereste& person attestin' to the truth of the liti'antDs affi&avit. Any falsity in the affi&avit of a liti'ant or &isintereste& person shall be sufficient cause to strike out the plea&in' of that party# (ithout pre/u&ice to (hatever cri%inal liability %ay have been incurre&. (-3a) Se*t)o% 19+ !n a&&ition to the fees i%pose& in the prece&in' sections# a victi%9co%pensation fee of five (P5.00) pesos pursuant to ,ep. Act. ?o. =20> shall be assesse& an& collecte& for the filin' of every co%plaint or petition initiatin' an or&inary civil action# special civil action or special procee&in' in the trial courts inclu&in' civil actions i%plie&ly institute& (ith cri%inal actions un&er ,ule ---# ,evise& ,ules of "ri%inal Proce&ure (here a filin' fee is like(ise collecte&. All su%s collecte& shall be re%itte& to the Eepart%ent of Justice very <uarter by the "lerk of "ourt concerne&. (-89A) Se*t)o% ,4+ )ther fees. � +he follo(in' fees shall also be collecte& by the clerks of ,e'ional +rial "ourts or courts of the first level# as the case %ay be* (a) !n estafa cases (here the offen&e& party fails to %anifest (ithin fifteen (-5) &ays follo(in' the filin' of the infor%ation that the civil liability arisin' fro% the cri%e has been or (oul& be separate& prosecute&* -. Fess than P-00#000.00 P500.00 2. P-00#000.00 or %ore but less than P-50#000.00 P800.00 2. P-50#000.00 or %ore but less than P200#000.00 P-#000.00 1. P200#000.00 or %ore but less than P250#000.00 P-#500.00 5. P250#000.00 or %ore but less than P200#000.00 P-#=50.00 3. P200#000.00 or %ore but less than P250#000.00 P2#000.00 =. P250#000.00 or %ore but no %ore than P100#000.00 P2#250.00 8. @or each P-#000.00 in e.cess of P100#000.00 P-0.00 (b) @or %otions for postpone%ent after co%pletion of the pre9trial sta'e# one hun&re& pesos (P-00.00) for the first# an& an a&&itional fifty pesos (P50.00) for every postpone%ent thereafter base& on that for the i%%e&iately prece&in' %otion* Pro(ided# ho(ever# that no fee shall be i%pose& (hen the %otion is foun& to be base& on /ustifiable an& co%pellin' reason5 (c) @or bon&s by sureties in cri%inal an& civil cases# three hun&re& pesos (P200.00)5 (&) @or applications for an& entries of certificates of sale an& final &ee&s of sale in e.tra9 /u&icial foreclosures of %ort'a'es# three hun&re& (P200.00) pesos5

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(e) @or applications for an& certificates of sale in notarial foreclosures* -. 7n the first four thousan& (P1#000.00) pesos# five (5J) per cent5 2. 7n all su%s in e.cess of four thousan& (P1#000.00) pesos# t(o an& one half (2.5J) per cent (A.M. ?7. >>9890-9$"# $epte%ber -1# ->>>) Se*t)o% ,1+ 3o(ernment e2empt. � +he ,epublic of the Philippines# its a'encies an& instru%entalities# are e.e%pt fro% payin' the le'al fees provi&e& in this rule# Focal 'overn%ents an& 'overn%ent9o(ne& or controlle& corporations (ith or (ithout in&epen&ent charters are not e.e%pt fro% payin' such fees. (->) +his ,esolution shall take effect on the -st &ay of March# 2000# an& shall be publishe& in t(o (2) ne(spapers of 'eneral circulation not later than the -5th of @ebruary 2000. 1a(ide, *r., C.*., Bellosillo, Melo, Puno, 4itug, Bapunan, Mendo9a, Pangani'an, <uisum'ing, Purisima, Pardo, Buena, 3on9aga-Reyes, Cnares-Santiago and 1e ;eon, *r., **. RULE 1., Cost Se*t)o% 1+ Cost ordinarily follo% results of suit. � :nless other(ise provi&e& in these rules# cost shall be allo(e& to the prevailin' party as a %atter of course# but the court shall have po(er# for special reasons# to a&/u&'e that either party shall pay the costs of an action# or that the sa%e be &ivi&e&# as %ay be e<uitable. ?o costs shall be allo(e& a'ainst the ,epublic of the Philippines unless other(ise provi&e& by la(. Se*t)o% ,+ ,hen a&tion or appeal dismissed. � !f an action or appeal is &is%isse& for (ant of /uris&iction or other(ise# the court nevertheless shall have the po(er to ren&er /u&'%ent for cost# as /ustice %ay re<uire. Se*t)o% -+ Cost %hen appeal fri(olous. � 6here an action or appeal is foun& to be frivolous# &ouble or treble cost %ay be i%pose& on the plaintiff or appellant# (hich shall be pai& by his attorney# if so or&ere& by the court. Se*t)o% .+ 8alse allegations. � An aver%ent in a plea&in' %a&e (ithout reasonable cause an& foun& untrue shall sub/ect the offen&in' party to the pay%ent of such reasonable e.penses as %ay have been necessarily incurre& by the other party by reason of such untrue plea&in'. +he a%ount of e.penses so payable shall be fi.e& by the /u&'e in the trial# an& ta.e& as costs. Se*t)o% /+ No &ost for irrele(ant matters. � 6hen the recor& contains any unnecessary# irrelevant# or i%%aterial %atter# the party as (hose instance the sa%e (as inserte& or at (hose instance the sa%e (as printe&# shall not be allo(e& as costs any &isburse%ent for preparin'# certifyin'# or printin' such %atter. Se*t)o% 0+ Attorney>s fees as &ost. � ?o attorneyDs fees shall be ta.e& as costs a'ainst the a&verse party# e.cept as provi&e& by the rules of civil la(. )ut this section shall have no relation to the fees to be char'e& by an attorney as a'ainst his client. Se*t)o% 7+ Restri&tion of &ost. � !f the plaintiff in any action shall recover a su% not e.cee&in' ten pesos as &ebt or &a%a'es# he shall recover no %ore cost than &ebt or &a%a'es# unless the court shall

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certify that the action involve& a substantial an& i%portant ri'ht to the plaintiff in (hich case full cost %ay be allo(e&. Se*t)o% 3+ Costs, ho% to ta2ed. � !n inferior courts# the costs shall be ta.e& by the /ustice of the peace or %unicipal /u&'e an& inclu&e& the /u&'%ent. !n superior courts# costs shall be ta.e& by the clerk of the correspon&in' court on five &aysD (ritten notice 'ivin' by the prevailin' party to the a&verse party. 6ith this notice shall be serve& a state%ent of the ite%s of the cost clai%e& by the prevailin' party# verifie& by his oath or that of his attorney. 7b/ections to the ta.ation shall be %a&e in (ritin'# specifyin' the ite%s ob/ecte& to. 4ither party %ay appeal to the court fro% the clerkDs ta.ation. +he costs shall be inserte& in the /u&'%ent if ta.e& before its entry# an& pay%ent thereof shall be enforce& by e.ecution. Se*t)o% 9+ Cost in +usti&e of the pea&e or muni&ipal &ourts. � !n an action or procee&in' pen&in' before a /ustice of the peace or %unicipal /u&'e# the prevailin' party %ay recover the follo(in' cost# an& no other* (a) @or the co%plaint or ans(er# t(o pesos5 (b) @or the atten&ance of hi%self# or his counsel# or both# on the &ay of trial# five pesos5 (c) @or each a&&itional &ayDs atten&ance re<uire& in the actual trial of the case# one peso5 (&) @or each (itness pro&uce& by hi%# for each &ayDs necessary atten&ance at the trial# one peso# an& his la(ful travelin' fees5 (e) @or each &eposition la(fully taken by hi% an& pro&uce& in evi&ence# five pesos5 (f) @or ori'inal &ocu%ents# &ee&s# or papers of any kin& pro&uce& by hi%5 nothin'5 (') @or official copies of such &ocu%ents# &ee&s# or papers# the la(ful fees necessarily pai& for obtainin' such copies5 (h) +he la(ful fees pai& by hi% for service of the su%%ons an& other process in the action5 (i) +he la(ful fees char'e& a'ainst hi% by the /u&'e of the court in enterin' an& &ocketin' an& tryin' the action or procee&in'. Se*t)o% 14+ Cost in Court of 8irst $nstan&e. � !n an action or procee&in' pen&in' in a "ourt of @irst !nstance# the prevailin' party %ay recover the follo(in' costs# an& no other* (a) @or the co%plaint or ans(er# fifteen pesos5 (b) @or his o(n atten&ance# an& that of his attorney# &o(n to an& inclu&in' final /u&'%ent# t(enty pesos5 (c) @or each (itness necessarily pro&uce& by hi%# for each &ayDs necessary atten&ance of such (itness at the trial# t(o pesos# an& his la(ful travelin' fees5 (&) @or each &eposition la(fully taken by hi%# an& pro&uce& in evi&ence# five pesos5 (e) @or ori'inal &ocu%ents# &ee&s# or papers of any kin& pro&uce& by hi%# nothin'5

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(f) @or official copies of such &ocu%ents# &ee&s# or papers# the la(ful fees necessarily pai& for obtainin' such copies5 (') +he la(ful fees pai& by hi% in enterin' an& &ocketin' the action or recor&in' the procee&in's# for the service of any process in action# an& all la(ful clerkDs fees pai& by hi%. Se*t)o% 11+ Costs in Court of Appeals and in Supreme Court. � !n an action or procee&in' pen&in' in the "ourt of Appeals or in the $upre%e "ourt# the prevailin' party %ay recover the follo(in' costs# an& no other* (a) @or his o(n atten&ance# an& that of his attorney# &o(n to an& inclu&in' final /u&'%ent# thirty pesos in the "ourt of Appeals an& fifty pesos in the $upre%e "ourt5 (b) @or official copies of recor& on appeal an& the printin' thereof# an& all other copies re<uire& by the rules of court# the su% actually pai& for the sa%e5 (c) All la(ful fees char'e& a'ainst hi% by the clerk of the "ourt of Appeals or of the $upre%e "ourt# in enterin' an& &ocketin' the action an& recor&in' the procee&in's an& /u&'%ent therein an& for the issuin' of all process5 (&) ?o allo(ance shall be %a&e to the prevailin' party in the $upre%e "ourt or "ourt of Appeals for the brief or (ritten or printe& ar'u%ents of his attorney# or copies thereof# asi&e fro% the thirty or fifty pesos above state&5 (e) !f testi%ony is receive& in the $upre%e "ourt or "ourt of Appeals not taken in another court an& trans%itte& thereto# the prevailin' party shall be allo(e& the sa%e cost for (itness fees# &epositors# an& process an& service thereof as he (oul& have been allo(e& for such ite%s ha& the testi%ony been intro&uce& in a "ourt of @irst !nstance5 (f) +he la(ful fees of a co%%issioner in an action %ay also be ta.e& a'ainst the &efeate& party# or apportione& as /ustice re<uires. Se*t)o% 1,+ Costs %hen %itness fails to appear. � !f a (itness fails to appear at the ti%e an& place specifie& in the subpoena issue& by any inferior court# the cost of the (arrant of arrest an& of the arrest of the (itness shall be pai& by the (itness if the court shall &eter%ine that his failure to ans(er the subpoena (as (ilful or (ithout /ust e.cuse. Se*t)o% 1-+ Costs %hen the person &ited for e2amination in pro'ate pro&eedings . � 6hen a person is cite&# on %otion of another# to appear before the court to be e.a%ine& in probate procee&in's# the court %ay# in its &iscretion ta. costs for the person so cite& an& issue e.ecution therefor# allo(in' the sa%e fees as for (itnesses in "ourts of @irst !nstance.

RULE 1.A99')*&<)')t2 of the Ru'es +hese rules shall not apply to lan& re'istration# ca&astral an& election cases# naturali0ation an& insolvency procee&in's# an& other cases not herein provi&e& for# e.cept by analo'y or in a suppletory character an& (henever practicable an& convenient. +he Fa(phil Pro/ect 9 Arellano Fa( @oun&ation

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RULE 1.. Effe*t)(e%ess +hese rukes shall take effect on January -# ->31. +hey shall 'overn all cases brou'ht after they take effect# an& also all furtherprocee&in's in cases then pen&in'. e.cept to the e.tent that in the opinion of the court their application (oul& not be feasible or (oul& (ork in/ustice# in (hich event the for%er proce&ure shall apply.

A+M+ (,/ Se9te5<er ,447!

No+

47 9 1, SC

TAE RULE ON TAE :RIT OF AMPARO SECTION 1+ Petition. � +he petition for a (rit of a%paro is a re%e&y available to any person (hose ri'ht to life# liberty an& security is violate& or threatene& (ith violation by an unla(ful act or o%ission of a public official or e%ployee# or of a private in&ivi&ual or entity. +he (rit shall cover e.trale'al killin's an& enforce& &isappearances or threats thereof. SEC+ ,+ Who May File. � +he petition %ay be file& by the a''rieve& party or by any <ualifie& person or entity in the follo(in' or&er* a. Any %e%ber of the i%%e&iate fa%ily# na%ely* the spouse# chil&ren an& parents of the a''rieve& party5 b. Any ascen&ant# &escen&ant or collateral relative of the a''rieve& party (ithin the fourth civil &e'ree of consan'uinity or affinity# in &efault of those %entione& in the prece&in' para'raph5 or c. Any concerne& citi0en# or'ani0ation# association or institution# if there is no kno(n %e%ber of the i%%e&iate fa%ily or relative of the a''rieve& party. +he filin' of a petition by the a''rieve& party suspen&s the ri'ht of all other authori0e& parties to file si%ilar petitions. Fike(ise# the filin' of the petition by an authori0e& party on behalf of the a''rieve& party suspen&s the ri'ht of all others# observin' the or&er establishe& herein. SEC+ -+ Where to File. � +he petition %ay be file& on any &ay an& at any ti%e (ith the ,e'ional +rial "ourt of the place (here the threat# act or o%ission (as co%%itte& or any of its ele%ents occurre&# or (ith the $an&i'anbayan# the "ourt of Appeals# the $upre%e "ourt# or any /ustice of such courts. +he (rit shall be enforceable any(here in the Philippines. 6hen issue& by a ,e'ional +rial "ourt or any /u&'e thereof# the (rit shall be returnable before such court or /u&'e. 6hen issue& by the $an&i'anbayan or the "ourt of Appeals or any of their /ustices# it %ay be returnable before such court or any /ustice thereof# or to any ,e'ional +rial "ourt of the place (here the threat# act or o%ission (as co%%itte& or any of its ele%ents occurre&. 6hen issue& by the $upre%e "ourt or any of its /ustices# it %ay be returnable before such "ourt or any /ustice thereof# or before the $an&i'anbayan or the "ourt of Appeals or any of their /ustices# or to any ,e'ional +rial "ourt of the place (here the threat# act or o%ission (as co%%itte& or any of its ele%ents occurre&.

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SEC+ .+ No Docket Fees. � +he petitioner shall be e.e%pte& fro% the pay%ent of the &ocket an& other la(ful fees (hen filin' the petition. +he court# /ustice or /u&'e shall &ocket the petition an& act upon it i%%e&iately. SEC+ /+ Contents of Petition. � +he petition shall be si'ne& an& verifie& an& shall alle'e the follo(in'* a. +he personal circu%stances of the petitioner5 b. +he na%e an& personal circu%stances of the respon&ent responsible for the threat# act or o%ission# or# if the na%e is unkno(n or uncertain# the respon&ent %ay be &escribe& by an assu%e& appellation5 c. +he ri'ht to life# liberty an& security of the a''rieve& party violate& or threatene& (ith violation by an unla(ful act or o%ission of the respon&ent# an& ho( such threat or violation is co%%itte& (ith the atten&ant circu%stances &etaile& in supportin' affi&avits5 &. +he investi'ation con&ucte&# if any# specifyin' the na%es# personal circu%stances# an& a&&resses of the investi'atin' authority or in&ivi&uals# as (ell as the %anner an& con&uct of the investi'ation# to'ether (ith any report5 e. +he actions an& recourses taken by the petitioner to &eter%ine the fate or (hereabouts of the a''rieve& party an& the i&entity of the person responsible for the threat# act or o%ission5 an& f. +he relief praye& for. +he petition %ay inclu&e a 'eneral prayer for other /ust an& e<uitable reliefs. SEC+ 0+ Issuance of the Writ. � :pon the filin' of the petition# the court# /ustice or /u&'e shall i%%e&iately or&er the issuance of the (rit if on its face it ou'ht to issue. +he clerk of court shall issue the (rit un&er the seal of the court5 or in case of ur'ent necessity# the /ustice or the /u&'e %ay issue the (rit un&er his or her o(n han&# an& %ay &eputi0e any officer or person to serve it. +he (rit shall also set the &ate an& ti%e for su%%ary hearin' of the petition (hich shall not be later than seven (=) &ays fro% the &ate of its issuance. SEC+ 7+ Penalty for Refusing to Issue or Serve the Writ. � A clerk of court (ho refuses to issue the (rit after its allo(ance# or a &eputi0e& person (ho refuses to serve the sa%e# shall be punishe& by the court# /ustice or /u&'e for conte%pt (ithout pre/u&ice to other &isciplinary actions. SEC+ 3+ Ho the Writ is Serve!. � +he (rit shall be serve& upon the respon&ent by a /u&icial officer or by a person &eputi0e& by the court# /ustice or /u&'e (ho shall retain a copy on (hich to %ake a return of service. !n case the (rit cannot be serve& personally on the respon&ent# the rules on substitute& service shall apply. SEC+ 9+ Return" Contents. � 6ithin seventy9t(o (=2) hours after service of the (rit# the respon&ent shall file a verifie& (ritten return to'ether (ith supportin' affi&avits (hich shall# a%on' other thin's# contain the follo(in'* a. +he la(ful &efenses to sho( that the respon&ent &i& not violate or threaten (ith violation the ri'ht to life# liberty an& security of the a''rieve& party# throu'h any act or o%ission5 b. +he steps or actions taken by the respon&ent to &eter%ine the fate or (hereabouts of the a''rieve& party an& the person or persons responsible for the threat# act or o%ission5 c. All relevant infor%ation in the possession of the respon&ent pertainin' to the threat# act or o%ission a'ainst the a''rieve& party5 an& &. !f the respon&ent is a public official or e%ployee# the return shall further state the actions that have been or (ill still be taken* i. to verify the i&entity of the a''rieve& party5

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ii. iii. iv. v. vi.

to recover an& preserve evi&ence relate& to the &eath or &isappearance of the person i&entifie& in the petition (hich %ay ai& in the prosecution of the person or persons responsible5 to i&entify (itnesses an& obtain state%ents fro% the% concernin' the &eath or &isappearance5 to &eter%ine the cause# %anner# location an& ti%e of &eath or &isappearance as (ell as any pattern or practice that %ay have brou'ht about the &eath or &isappearance5 to i&entify an& apprehen& the person or persons involve& in the &eath or &isappearance5 an& to brin' the suspecte& offen&ers before a co%petent court.

+he return shall also state other %atters relevant to the investi'ation# its resolution an& the prosecution of the case. A 'eneral &enial of the alle'ations in the petition shall not be allo(e&. SEC+ 14+ Defenses not Plea!e! Dee#e! Waive!. � All &efenses shall be raise& in the return# other(ise# they shall be &ee%e& (aive&. SEC+ 11+ Prohi$ite! Plea!ings an! Motions. � +he follo(in' plea&in's an& %otions are prohibite&* a. Motion to &is%iss5 b. Motion for e.tension of ti%e to file return# opposition# affi&avit# position paper an& other plea&in's5 c. Eilatory %otion for postpone%ent5 &. Motion for a bill of particulars5 e. "ounterclai% or cross9clai%5 f. +hir&9party co%plaint5 '. ,eply5 h. Motion to &eclare respon&ent in &efault5 i. !ntervention5 /. Me%oran&u%5 k. Motion for reconsi&eration of interlocutory or&ers or interi% relief or&ers5 an& l. Petition for certiorari# %an&a%us or prohibition a'ainst any interlocutory or&er. SEC+ 1,+ %ffect of Failure to File Return. � !n case the respon&ent fails to file a return# the court# /ustice or /u&'e shall procee& to hear the petition e. parte. SEC+ 1-+ Su##ary Hearing. � +he hearin' on the petition shall be su%%ary. ;o(ever# the court# /ustice or /u&'e %ay call for a preli%inary conference to si%plify the issues an& &eter%ine the possibility of obtainin' stipulations an& a&%issions fro% the parties. +he hearin' shall be fro% &ay to &ay until co%plete& an& 'iven the sa%e priority as petitions for habeas corpus. SEC+ 1.+ Interi# Reliefs. � :pon filin' of the petition or at anyti%e before final /u&'%ent# the court# /ustice or /u&'e %ay 'rant any of the follo(in' reliefs* (a) +e%porary Protection 7r&er. � +he court# /ustice or /u&'e# upon %otion or %otu proprio# %ay or&er that the petitioner or the a''rieve& party an& any %e%ber of the i%%e&iate fa%ily be protecte& in a 'overn%ent a'ency or by an accre&ite& person or private institution capable of keepin' an& securin' their safety. !f the petitioner is an or'ani0ation#

241

association or institution referre& to in $ection 2(c) of this ,ule# the protection %ay be e.ten&e& to the officers involve&. +he $upre%e "ourt shall accre&it the persons an& private institutions that shall e.ten& te%porary protection to the petitioner or the a''rieve& party an& any %e%ber of the i%%e&iate fa%ily# in accor&ance (ith 'ui&elines (hich it shall issue. +he accre&ite& persons an& private institutions shall co%ply (ith the rules an& con&itions that %ay be i%pose& by the court# /ustice or /u&'e. (b) !nspection 7r&er. � +he court# /ustice or /u&'e# upon verifie& %otion an& after &ue hearin'# %ay or&er any person in possession or control of a &esi'nate& lan& or other property# to per%it entry for the purpose of inspectin'# %easurin'# surveyin'# or photo'raphin' the property or any relevant ob/ect or operation thereon. +he %otion shall state in &etail the place or places to be inspecte&. !t shall be supporte& by affi&avits or testi%onies of (itnesses havin' personal kno(le&'e of the enforce& &isappearance or (hereabouts of the a''rieve& party. !f the %otion is oppose& on the 'roun& of national security or of the privile'e& nature of the infor%ation# the court# /ustice or /u&'e %ay con&uct a hearin' in cha%bers to &eter%ine the %erit of the opposition. +he %ovant %ust sho( that the inspection or&er is necessary to establish the ri'ht of the a''rieve& party alle'e& to be threatene& or violate&. +he inspection or&er shall specify the person or persons authori0e& to %ake the inspection an& the &ate# ti%e# place an& %anner of %akin' the inspection an& %ay prescribe other con&itions to protect the constitutional ri'hts of all parties. +he or&er shall e.pire five (5) &ays after the &ate of its issuance# unless e.ten&e& for /ustifiable reasons. (c) Pro&uction 7r&er. � +he court# /ustice or /u&'e# upon verifie& %otion an& after &ue hearin'# %ay or&er any person in possession# custo&y or control of any &esi'nate& &ocu%ents# papers# books# accounts# letters# photo'raphs# ob/ects or tan'ible thin's# or ob/ects in &i'iti0e& or electronic for%# (hich constitute or contain evi&ence relevant to the petition or the return# to pro&uce an& per%it their inspection# copyin' or photo'raphin' by or on behalf of the %ovant. +he %otion %ay be oppose& on the 'roun& of national security or of the privile'e& nature of the infor%ation# in (hich case the court# /ustice or /u&'e %ay con&uct a hearin' in cha%bers to &eter%ine the %erit of the opposition. +he court# /ustice or /u&'e shall prescribe other con&itions to protect the constitutional ri'hts of all the parties. (&) 6itness Protection 7r&er. � +he court# /ustice or /u&'e# upon %otion or %otu proprio# %ay refer the (itnesses to the Eepart%ent of Justice for a&%ission to the 6itness Protection# $ecurity an& )enefit Pro'ra%# pursuant to ,epublic Act ?o. 3>8-. +he court# /ustice or /u&'e %ay also refer the (itnesses to other 'overn%ent a'encies# or to accre&ite& persons or private institutions capable of keepin' an& securin' their safety.

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SEC+ 1/+ &vaila$ility of Interi# Reliefs to Res'on!ent. � :pon verifie& %otion of the respon&ent an& after &ue hearin'# the court# /ustice or /u&'e %ay issue an inspection or&er or pro&uction or&er un&er para'raphs (b) an& (c) of the prece&in' section. A %otion for inspection or&er un&er this section shall be supporte& by affi&avits or testi%onies of (itnesses havin' personal kno(le&'e of the &efenses of the respon&ent. SEC+ 10+ Conte#'t. � +he court# /ustice or /u&'e %ay or&er the respon&ent (ho refuses to %ake a return# or (ho %akes a false return# or any person (ho other(ise &isobeys or resists a la(ful process or or&er of the court to be punishe& for conte%pt. +he conte%nor %ay be i%prisone& or i%pose& a fine. SEC+ 17+ (ur!en of Proof an! Stan!ar! of Diligence Re)uire!. � +he parties shall establish their clai%s by substantial evi&ence. +he respon&ent (ho is a private in&ivi&ual or entity %ust prove that or&inary &ili'ence as re<uire& by applicable la(s# rules an& re'ulations (as observe& in the perfor%ance of &uty. +he respon&ent (ho is a public official or e%ployee %ust prove that e.traor&inary &ili'ence as re<uire& by applicable la(s# rules an& re'ulations (as observe& in the perfor%ance of &uty. +he respon&ent public official or e%ployee cannot invoke the presu%ption that official &uty has been re'ularly perfor%e& to eva&e responsibility or liability. SEC+ 13+ *u!g#ent. � +he court shall ren&er /u&'%ent (ithin ten (-0) &ays fro% the ti%e the petition is sub%itte& for &ecision. !f the alle'ations in the petition are proven by substantial evi&ence# the court shall 'rant the privile'e of the (rit an& such reliefs as %ay be proper an& appropriate5 other(ise# the privile'e shall be &enie&. SEC+ 19+ &''eal. � Any party %ay appeal fro% the final /u&'%ent or or&er to the $upre%e "ourt un&er ,ule 15. +he appeal %ay raise <uestions of fact or la( or both. +he perio& of appeal shall be five (5) (orkin' &ays fro% the &ate of notice of the a&verse /u&'%ent. +he appeal shall be 'iven the sa%e priority as in habeas corpus cases. SEC+ ,4+ &rchiving an! Revival of Cases. � +he court shall not &is%iss the petition# but shall archive it# if upon its &eter%ination it cannot procee& for a vali& cause such as the failure of petitioner or (itnesses to appear &ue to threats on their lives. A perio&ic revie( of the archive& cases shall be %a&e by the a%paro court that shall# %otu proprio or upon %otion by any party# or&er their revival (hen rea&y for further procee&in's. +he petition shall be &is%isse& (ith pre/u&ice upon failure to prosecute the case after the lapse of t(o (2) years fro% notice to the petitioner of the or&er archivin' the case. +he clerks of court shall sub%it to the 7ffice of the "ourt A&%inistrator a consoli&ate& list of archive& cases un&er this ,ule not later than the first (eek of January of every year. SEC+ ,1+ Institution of Se'arate &ctions. � +his ,ule shall not preclu&e the filin' of separate cri%inal# civil or a&%inistrative actions.

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SEC+ ,,+ %ffect of Filing of a Cri#inal &ction. � 6hen a cri%inal action has been co%%ence&# no separate petition for the (rit shall be file&. +he reliefs un&er the (rit shall be available by %otion in the cri%inal case. +he proce&ure un&er this ,ule shall 'overn the &isposition of the reliefs available un&er the (rit of a%paro. SEC+ ,-+ Consoli!ation. � 6hen a cri%inal action is file& subse<uent to the filin' of a petition for the (rit# the latter shall be consoli&ate& (ith the cri%inal action. 6hen a cri%inal action an& a separate civil action are file& subse<uent to a petition for a (rit of a%paro# the latter shall be consoli&ate& (ith the cri%inal action. After consoli&ation# the proce&ure un&er this ,ule shall continue to apply to the &isposition of the reliefs in the petition. SEC+ ,.+ Su$stantive Rights. � +his ,ule shall not &i%inish# increase or %o&ify substantive ri'hts reco'ni0e& an& protecte& by the "onstitution. SEC+ ,/+ Su''letory &''lication of the Rules of Court. � +he ,ules of "ourt shall apply suppletorily insofar as it is not inconsistent (ith this ,ule. SEC+ ,0+ &''lica$ility to Pen!ing Cases. � +his ,ule shall 'overn cases involvin' e.trale'al killin's an& enforce& &isappearances or threats thereof pen&in' in the trial an& appellate courts. SEC+ ,7+ %ffectivity. � +his ,ule shall take effect on 7ctober 21# 200=# follo(in' its publication in three (2) ne(spapers of 'eneral circulation.

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