Rules of Court CODAL PDF

RULE 20 Calendar of Cases 15
RULES OF COURT RULE 21 Subpoena

RULE 22 Computation of Time
15
16

RULE 23 Depositions Pending Action 16
Text and Special Rules RULE 24 Depositions Before Action or Pending
Appeal 18
REMEDIAL LAW CURRICULUM MAP RULE 25 Interrogatories to Parties 19
RULE 26 Admission by Adverse Party 19
Year Sem Course
RULE 27 Production or Inspection of Documents
or Things 19
2 1 Criminal Procedure
RULE 28 Physical and Mental Examination of
➔ Special Rules Persons 20
RULE 29 Refusal to Comply with Modes of
Discovery 20
2 Civil Procedure
RULE 30 Trial 20
➔ Special Rules RULE 31 Consolidation or Severance 21
RULE 32 Trial by Commissioner 21
3 2 Evidence RULE 33 Demurrer to Evidence 22
RULE 34 Judgment on the Pleadings 22
➔ Special Rules
RULE 35 Summary Judgments 22
RULE 36 Judgments, Final Orders and Entry
Special Proceedings Thereof 22
RULE 37 New Trial or Reconsiderations 23
Electives RULE 38 Relief from Judgments, Orders, or Other
Proceedings 23
Alternative Dispute Resolution RULE 39 Execution, Satisfaction and Effect of
Judgments 24
Appeals 30

RULE 40 Appeal From Municipal Trial Courts to

the Regional Trial Courts 30
TABLE OF CONTENTS
RULE 41 Appeal From The Regional Trial Courts

30
Rules of Civil Procedure 6 RULE 42 Petition for Review From the Regional
RULE 1 General Provisions 6 Trial Courts to the Court of Appeals 32
Civil Actions 6 RULE 43 Appeals From the Court of Tax Appeals
Ordinary Civil Actions 6 and Quasi-Judicial Agencies to the Court of
Appeals 32
RULE 2 Cause of Action 6
Procedure in the Court of Appeals 33
RULE 3 Parties to Civil Actions 6
RULE 44 Ordinary Appealed Cases 33
RULE 4 Venue of Actions 8
RULE 45 Appeal by Certiorari to the Supreme
RULE 5 Uniform Procedure In Trial Courts 8
Court 34
Procedure In Regional Trial Courts 8
RULE 46 Original Cases 35
RULE 6 Kinds Of Pleadings 8
RULE 47 Annulment of Judgments of Final Orders
RULE 7 Parts of a Pleading 9 and Resolutions 36
RULE 8 Manner of Making Allegations in RULE 48 Preliminary Conference 36
Pleadings 9
RULE 49 Oral Argument 36
RULE 9 Effect of Failure to Plead 10
RULE 50 Dismissal of Appeal 37
RULE 10 Amended and Supplemental Pleadings
RULE 51 Judgment 37
10
RULE 52 Motion for Reconsideration 38
RULE 11 When to File Responsive Pleadings 11
RULE 53 New Trial 38
RULE 12 Bill of Particulars 11
RULE 54 Internal Business 38
RULE 13 Filing and Service of Pleadings,
Judgments and Other Papers 11 RULE 55 Publications of Judgments and Final
Resolutions 38
RULE 14 Summons 12
Procedure In The Supreme Court 38
RULE 15 Motions 13
RULE 56 38
RULE 16 Motion to Dismiss 14
A. Original Cases 38
RULE 17 Dismissal of Actions 14
B. Appealed Cases 39
RULE 18 Pre-Trial 14
Provisional Remedies 39
RULE 19 Intervention 15
RULE 57 Preliminary Attachment 39

© Compiled by Rehne Gibb N. Larena | JD-2 | University of San Carlos

RULES OF COURT TEXT AND SPECIAL RULES

RULE 58 Preliminary Injunction 42 RULE 95 Selling and Encumbering Property of
RULE 59 Receivership 43 Ward 66
RULE 60 Replevin 44 RULE 96 General Powers and Duties of Guardians
67
RULE 61 Support Pendente Lite 45
RULE 97 Termination of Guardianship 67
RULE 62 Interpleader 45
RULE 98 Trustees 67
RULE 63 Declaratory Relief and Similar Remedies
45 RULE 99 Adoption and Custody of Minors 68
RULE 64 Review of Judgments and Final Orders RULE 100 Rescission and Revocation of Adoption
or Resolutions of the Commission on Elections 69
and the Commission on Audit 46 RULE 101 Proceedings for Hospitalization of
RULE 65 Certiorari, Prohibition and Mandamus 46 Insane Persons 69
RULE 66 Quo Warranto 48 RULE 102 Habeas Corpus 70
RULE 67 Expropriation 48 RULE 103 Change of Name 71
RULE 68 Foreclosure of Real Estate Mortgage 50 RULE 104 Voluntary Dissolution of Corporations
72
RULE 69 Partition 51
RULE 105 Judicial Approval of Voluntary
RULE 70 Forcible Entry and Unlawful Detainer 52
Recognition of Minor Natural Children 72
RULE 71 Contempt 53
RULE 106 Constitution of Family Home 72
Special Proceedings 54 RULE 107 Absentees 73
GENERAL PROVISION 55 RULE 108 Cancellation Or Correction Of Entries In
RULE 72 Subject Matter and Applicability of The Civil Registry 73
General Rules 55 RULE 109 Appeals in Special Proceedings 74
Settlement Of Estate Of Deceased Persons 55
The Revised Rules of Criminal Procedure 74
RULE 73 Venue and Process 55
RULE 110 Prosecution of Offenses 74
RULE 74 Summary Settlement of Estate 55
RULE 111 Prosecution of Civil Action 75
RULE 75 Production of Will. Allowance of Will
RULE 112 Preliminary Investigation 76
Necessary 56
RULE 113 Arrest 78
RULE 76 Allowance or Disallowance of Will 56
RULE 114 Bail 79
RULE 77 Allowance of Will Proved Outside of
Philippines and Administration of Estate RULE 115 Rights of Accused 81
Thereunder 57 RULE 116 Arraignment and Plea 81
RULE 78 Letters Testamentary and of RULE 117 Motion to Quash 82
Administration, When and to Whom Issued 57 RULE 118 Pre-Trial 83
RULE 79 Opposing Issuance Of Letters RULE 119 Trial 83
Testamentary. Petition And Contest For Letters Of
RULE 120 Judgment 86
Administration 58
RULE 121 New Trial or Reconsideration 86
RULE 80 Special Administrator 58
RULE 122 Appeal 87
RULE 81 Bond of Executors and Administrators 58
RULE 123 Procedure in the Municipal Trial Courts
RULE 82 Revocation of Administration, Death,
88
Resignation, and Removal of Executors or
Administrators 59 RULE 124 Procedure in the Court of Appeals 88
RULE 83 Inventory and Appraisal. Provision for RULE 125 Procedure in the Supreme Court 89
Support of Family 59 RULE 126 Search and Seizure 89
RULE 84 General Powers and Duties of Executors RULE 127 Provisional Remedies in Criminal Cases
and Administrators 59 90
RULE 85 Accountability and Compensation of
Revised Rules on Evidence 90
Executors and Administrators 59
RULE 128 General Provisions 90
RULE 86 Claims Against Estate 60
RULE 129 What Need Not Be Proved 90
RULE 87 Actions By and Against Executors and
Administrators 61 RULE 130 Rules of Admissibility 90
RULE 88 Payment of the Debts of the Estate 62 A. OBJECT (REAL) EVIDENCE 90
RULE 89 Sales, Mortgages, and Other B. DOCUMENTARY EVIDENCE 90
Encumbrances of Property of Decedent 63 1. Best Evidence Rule 90
RULE 90 Distribution and Partition of the Estate64 2. Secondary Evidence 91
RULE 91 Escheats 65 3. Parol Evidence Rule 91
General Guardians and Guardianship 65 4. Interpretation Of Documents 91
RULE 92 Venue 65 C. TESTIMONIAL EVIDENCE 91
RULE 93 Appointment of Guardians 65 1. Qualification of Witnesses 91
RULE 94 Bonds of Guardians 66 2. Testimonial Privilege 92
© Compiled By RGL 2 of 196


3. Admissions and Confessions 92 RULE 2 Nature of Proceedings 151

4. Previous Conduct as Evidence 92 RULE 3 Commencement of Action 151
5. Testimonial Knowledge 92 RULE 4 Answer 152
6. Exceptions To The Hearsay Rule 92 RULE 5 Modes of Discovery 152
7. Opinion Rule 93 RULE 6 Pre-Trial 152
8. Character Evidence 93 RULE 7 Clarificatory Hearing and Trial 153
RULE 131 Burden of Proof and Presumptions 93 RULE 8 Judgment 154
RULE 132 Presentation of Evidence 95 RULE 9 Appeal 154
A. EXAMINATION OF WITNESSES 95 CRIMINAL PROCEDURE 154
B. AUTHENTICATION AND PROOF OF RULE 10 Nature of Proceedings 154
DOCUMENTS 96 RULE 11 Commencement of Action 154
C. OFFER AND OBJECTION 97 RULE 12 Preliminary Investigation 155
RULE 134 Perpetuation of Testimony 97 RULE 13 Arraignment and Pre-Trial 156
Special Rules of Civil Procedure 98 RULE 14 Trial 156
A.M. No. 02-1-19-SC | RULE ON COMMITMENT OF RULE 15 Appeal 156
CHILDREN 98 RULE 16 Common Rules on Admissibility and
A.M. No. 02-6-02-SC | RULE ON ADOPTION 102 Weight of Evidence 156
A. Domestic Adoption 102 RULE 17 Evidence in Patent Cases 157
B. Inter-Country Adoption 106 RULE 18 Evidence in Trademark Infringement and
Unfair Competition Cases 157
A.M. No. 02-11-10-SC | RULE ON DECLARATION OF
ABSOLUTE NULLITY OF VOID MARRIAGES AND RULE 19 Evidence in Copyright Cases 158
ANNULMENT OF VOIDABLE MARRIAGES 107 RULE 20 Order of Destruction 158
A.M. No. 02-11-11-SC | RULE ON LEGAL RULE 21 Reportorial Requirements 158
SEPARATION 110 RULE 22 Transitory Provision 158
A.M. No. 02-11-12-SC | RULE ON PROVISIONAL RULE 23 Effectivity 159
ORDERS 113
A.M. No. 15-06-10-SC | REVISED GUIDELINES FOR
A.M. No. 03-04-04-SC | RULE ON CUSTODY OF CONTINUOUS TRIAL OF CRIMINAL CASES 159
MINORS AND WRIT OF HABEAS CORPUS IN
I. Applicability 159
RELATION TO CUSTODY OF MINORS 114
II. Objectives 159
A.M. No. 02-1-06-SC | RULE ON SEARCH AND
SEIZURE IN CIVIL ACTIONS FOR INFRINGEMENT OF III. Procedure 159
INTELLECTUAL PROPERTY RIGHTS 116 1. Hearing Days and Calendar Call 159
A.M. No. 08-8-7-SC | THE REVISED RULES OF 2. Motions 159
PROCEDURE FOR SMALL CLAIMS CASES 119 3. Free Legal Assistance 160
INDEX OF SMALL CLAIMS STANDARD FORMS121 4. Private Prosecutor 160
Special Rules of Criminal Procedure 122 6. Archiving of Cases 160
A.M. No. 07-9-12-SC | THE RULE ON THE WRIT OF 7. Revival of Provisionally Dismissed Cases
AMPARO 122 160
A.M. NO. 004-07-SC | RULE ON EXAMINATION OF A 8. Arraignment and Pre-trial 160
CHILD WITNESS 124 Sample of flowcharts 161
A.M. No. 04-10-11-SC | RULE ON VIOLENCE AGAINST 9. Mediation 161
WOMEN AND THEIR CHILDREN 129 10. Bail 162
Part I PETITION FOR PROTECTION ORDER 131 Sample flowcharts with Petition for Bail
Part II APPLICATION FOR PROTECTION ORDER 162
AS AN INCIDENT IN A CRIMINAL OR CIVIL 11. Form of Testimony 162
ACTION AND OTHER REMEDIES 134 12. Stipulations 162
Part III COMMON PROVISIONS 135 13. Trial 162
Part IV BARANGAY PROTECTION ORDER 135 14. Memoranda 163
A.M. No. 07-8-2-SC | THE RULE ON CHILDREN 15. Lack of Stenographic Notes 163
CHARGED UNDER THE COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002 136 16. Promulgation 163
A.M. No. 08-1-16-SC | THE RULE ON THE WRIT OF 17. Inventory of Criminal Cases 163
HABEAS DATA 140 18. Posting 163
A.M. No. 02-1-18-SC | REVISED RULE ON CHILDREN IV. Monitoring, Evaluation and Training 163
IN CONFLICT WITH THE LAW 142 V. Effect of Non-Compliance 164
A.M. No. 10-3-10-SC | RULES OF PROCEDURE FOR VI. Repealing Clause 164
INTELLECTUAL PROPERTY RIGHTS CASES 150 VII. Effectivity 164
RULE 1 General Provisions 150 ANNEX 1 Template; Waiver of Reading of
CIVIL PROCEDURE 151 Informations: 164



ANNEX 2 Template Judgement; Plea to a Lesser PART I GENERAL PROVISIONS AND POLICIES 174
Offense; Non-Detention Prisoners: 164 RULE 1: GENERAL PROVISIONS 174
ANNEX 3 Template Judgment; Plea to a Lesser RULE 2: STATEMENT OF POLICIES 176
Offense; Detention Prisoner: 164
PART II SPECIFIC COURT RELIEF 176
ANNEX 4 Template Judgment; Plea of Guilty to
RULE 3: JUDICIAL RELIEF INVOLVING THE
the Crime Charged; Detention Prisoner: 164
ISSUE OF EXISTENCE, VALIDITY AND
ANNEX 5 Template Order When there is No Plea ENFORCEABILITY OF THE ARBITRATION
Bargaining or Plea of Guilty but the case is AGREEMENT 176
referred for mediation: 165
A. Judicial Relief before Commencement
ANNEX 6 Template Order When there is No Plea of Arbitration 177
Bargaining or Plea of Guilty and the case is not
B. Judicial Relief after Arbitration
referred for mediation: 165
Commences 177
ANNEX 7 Template Order; No Plea Bargaining or
RULE 4: REFERRAL TO ADR 178
Plea of Guilty; Case Covered by the Rule on
Summary Procedure is referred for mediation: 165 RULE 5: INTERIM MEASURES OF
PROTECTION 178
ANNEX 8-A Template Order; Petition for Bail:
Ordinary Cases 166 RULE 6: APPOINTMENT OF ARBITRATORS
180
ANNEX 8-B Template Order; Petition for Bail:
Drug Cases 166 RULE 7: CHALLENGE TO APPOINTMENT OF
ARBITRATOR 180
ANNEX 9 Template Order on Resting the Case of
the Prosecution: 166 RULE 8: TERMINATION OF THE MANDATE OF
ARBITRATOR 181
the Accused; Case is Submitted for Decision: 166 RULE 9: ASSISTANCE IN TAKING EVIDENCE
182
the Accused when Motion to File Memoranda is RULE 10: CONFIDENTIALITY/PROTECTIVE
Granted; Case is Submitted for Decision: 166 ORDERS 182
ANNEX 12 Template Order on Presentation and RULE 11: CONFIRMATION, CORRECTION OR
Offer of Rebuttal Evidence of Prosecution: 167 VACATION OF AWARD IN DOMESTIC
ARBITRATION 183
ANNEX 13 Template Order on Presentation and
Offer of Surrebuttal Evidence of the Accused: 167 RULE 12: RECOGNITION AND ENFORCEMENT
OR SETTING ASIDE OF AN INTERNATIONAL
Special Rules on Evidence 167 COMMERCIAL ARBITRATION AWARD 185
A.M. No. 01-7-01-SC | RULES ON ELECTRONIC RULE 13: RECOGNITION AND ENFORCEMENT
EVIDENCE 167 OF A FOREIGN ARBITRAL AWARD 186
Rule 1 COVERAGE 167 PART III PROVISIONS SPECIFIC TO MEDIATION
Rule 2 DEFINITION OF TERMS AND 187
CONSTRUCTION 167 RULE 14: GENERAL PROVISIONS 187
Rule 3 ELECTRONIC DOCUMENTS 168 RULE 15: DEPOSIT AND ENFORCEMENT OF
Rule 4 BEST EVIDENCE RULE 168 MEDIATED SETTLEMENT AGREEMENTS 187
Rule 5 AUTHENTICATION OF ELECTRONIC PART IV PROVISIONS SPECIFIC TO
DOCUMENTS 168 CONSTRUCTION ARBITRATION 188
Rule 6 ELECTRONIC SIGNATURES 168 RULE 16: GENERAL PROVISIONS 188
Rule 7 EVIDENTIARY WEIGHT OF ELECTRONIC RULE 17: REFERRAL TO CIAC 188
DOCUMENTS 169 PART V PROVISIONS SPECIFIC TO OTHER
Rule 8 BUSINESS RECORDS AS EXCEPTION TO FORMS OF ADR 189
THE HEARSAY RULE 169 RULE 18: GENERAL PROVISIONS 189
Rule 9 METHOD OF PROOF 169 PART VI MOTION FOR RECONSIDERATION,
Rule 10 EXAMINATION OF WITNESSES 169 APPEAL AND CERTIORARI 189
Rule 11 AUDIO, PHOTOGRAPHIC, VIDEO, AND RULE 19: MOTION FOR RECONSIDERATION,
EPHEMERAL EVIDENCE 170 APPEAL AND CERTIORARI 189
Rule 12 EFFECTIVITY 170 A. MOTION FOR RECONSIDERATION 189
A.M. No. 06-11-5-SC | RULE ON DNA EVIDENCE 170 B. GENERAL PROVISIONS ON APPEAL
AND CERTIORARI 189
Other Special Rules and Rules of Procedure 172 C. APPEALS TO THE COURT OF APPEALS
REVISED RULE ON SUMMARY PROCEDURE 172 190
I. Applicability 172 D. SPECIAL CIVIL ACTION FOR
II. Civil Cases 172 CERTIORARI 191
III. Criminal Cases 173 E. APPEAL BY CERTIORARI TO THE
SUPREME COURT 191
IV. Common Provisions 173
PART VII FINAL PROVISIONS 192
A.M. No. 07-11-08-SC | SPECIAL RULES OF COURT
ON ALTERNATIVE DISPUTE RESOLUTION 174 RULE 20: FILING AND DEPOSIT FEES 192
RULE 21: COSTS 192



RULE 22: APPLICABILITY OF THE RULES OF

COURT 193
RULE 23: SEPARABILITY 193
RULE 24: TRANSITORY PROVISIONS 193
RULE 25: ONLINE DISPUTE RESOLUTION 193
RULE 26: EFFECTIVITY 193
RULE A: GUIDELINES FOR THE RESOLUTION OF
ISSUES RELATED TO ARBITRATION OF LOANS
SECURED BY COLLATERAL 193
A.M. No. 12-8-8-SC | JUDICIAL AFFIDAVIT RULE 194



Rules of Court
Section 2. Cause of action, defined. — A cause of action is
the act or omission by which a party violates a right of
another. (n)

Pursuant to the provisions of section 5 (5) of Article VIII of Section 3. One suit for a single cause of action. — A party
the Constitution, the Supreme Court hereby adopts and may not institute more than one suit for a single cause of
promulgates the following rules concerning the action. (3a)
protection and enforcement of constitutional rights, Section 4. Splitting a single cause of action; effect of. — If
pleading, practice and procedure in all courts, the two or more suits are instituted on the basis of the same
admission to the practice of law, the Integrated Bar, and cause of action, the filing of one or a judgment upon the
legal assistance to the underprivileged: merits in any one is available as a ground for the dismissal
of the others. (4a)
Section 5. Joinder of causes of action. — A party may in
Rules of Civil Procedure one pleading assert, in the alternative or otherwise, as
many causes of action as he may have against an
opposing party, subject to the following conditions:
1997 RULES OF CIVIL PROCEDURE, AS AMENDED (a) The party joining the causes of action shall comply
with the rules on joinder of parties;
(RULES 1-71, RULES OF COURT)
(b) The joinder shall not include special civil actions or
EFFECTIVE JULY 1, 1997 actions governed by special rules;
Per Resolution of the Supreme Court in Bar Matter No. (c) Where the causes of action are between the same
803 Adopted in Baguio City on April 8, 1997 parties but pertain to different venues or jurisdictions, the
joinder may be allowed in the Regional Trial Court
RULE 1 General Provisions provided one of the causes of action falls within the
jurisdiction of said court and the venue lies therein; and
Section 1. Title of the Rules. — These Rule shall be known (d) Where the claims in all the causes action are
and cited as the Rules of Court. (1) principally for recovery of money, the aggregate amount
Section 2. In what courts applicable. — These Rules shall claimed shall be the test of jurisdiction. (5a)
apply in all the courts, except as otherwise provided by Section 6. Misjoinder of causes of action. — Misjoinder of
the Supreme Court. (n) causes of action is not a ground for dismissal of an action.
Section 3. Cases governed. — These Rules shall govern A misjoined cause of action may, on motion of a party or
the procedure to be observed in actions, civil or criminal on the initiative of the court, be severed and proceeded
and special proceedings. with separately. (n)
(a) A civil action is one by which a party sues another for
the enforcement or protection of a right, or the RULE 3 Parties to Civil Actions
prevention or redress of a wrong, (1a, R2)
A civil action may either be ordinary or special. Both are Section 1. Who may be parties; plaintiff and defendant.
governed by the rules for ordinary civil actions, subject to — Only natural or juridical persons, or entities authorized
the specific rules prescribed for a special civil action. (n) by law may be parties in a civil action. The term "plaintiff"
may refer to the claiming party, the counter-claimant, the
(b) A criminal action is one by which the State prosecutes cross-claimant, or the third (fourth, etc.) — party plaintiff.
a person for an act or omission punishable by law. (n) The term "defendant" may refer to the original defending
(c) A special proceeding is a remedy by which a party party, the defendant in a counter-claim, the
seeks to establish a status, a right, or a particular fact. (2a, cross-defendant, or the third (fourth, etc.) — party
R2) defendant. (1a)
Section 4. In what case not applicable. — These Rules Section 2. Parties in interest. — A real party in interest is
shall not apply to election cases, land registration, the party who stands to be benefited or injured by the
cadastral, naturalization and insolvency proceedings, and judgment in the suit, or the party entitled to the avails of
other cases not herein provided for, except by analogy or the suit. Unless otherwise authorized by law or these
in a suppletory character and whenever practicable and Rules, every action must be prosecuted or defended in
convenient. (R143a) the name of the real party in interest. (2a)
Section 5. Commencement of action. — A civil action is Section 3. Representatives as parties. — Where the
commenced by the filing of the original complaint in action is allowed to be prosecuted and defended by a
court. If an additional defendant is impleaded in a later representative or someone acting in a fiduciary capacity,
pleading, the action is commenced with regard to him on the beneficiary shall be included in the title of the case
the dated of the filing of such later pleading, irrespective and shall be deemed to be the real property in interest. A
of whether the motion for its admission, if necessary, is representative may be a trustee of an expert trust, a
denied by the court. (6a) guardian, an executor or administrator, or a party
authorized by law or these Rules. An agent acting in his
Section 6. Construction. — These Rules shall be liberally own name and for the benefit of an undisclosed principal
construed in order to promote their objective of securing may sue or be sued without joining the principal except
a just, speedy and inexpensive disposition of every action when the contract involves things belonging to the
and proceeding. (2a) principal. (3a)
Section 4. Spouses as parties. — Husband and wife shall
Civil Actions sue or be sued jointly, except as provided by law. (4a)
Section 5. Minor or incompetent persons. — A minor or a
person alleged to be incompetent, may sue or be sued
Ordinary Civil Actions with the assistance of his father, mother, guardian, or if he
has none, a guardian ad litem. (5a)
RULE 2 Cause of Action Section 6. Permissive joinder of parties. — All persons in
whom or against whom any right to relief in respect to or
Section 1. Ordinary civil actions, basis of. — Every arising out of the same transaction or series of
ordinary civil action must be based on a cause of action. transactions is alleged to exist, whether jointly, severally,
(n) or in the alternative, may, except as otherwise provided in
these Rules, join as plaintiffs or be joined as defendants in



one complaint, where any question of law or fact of the fact thereof, and to give the name and address of
common to all such plaintiffs or to all such defendants his legal representative or representatives. Failure of
may arise in the action; but the court may make such counsel to comply with his duty shall be a ground for
orders as may be just to prevent any plaintiff or defendant disciplinary action.
from being embarrassed or put to expense in connection The heirs of the deceased may be allowed to be
with any proceedings in which he may have no interest. substituted for the deceased, without requiring the
(6n) appointment of an executor or administrator and the
Section 7. Compulsory joinder of indispensable parties. court may appoint a guardian ad litem for the minor
— Parties in interest without whom no final heirs.
determination can be had of an action shall be joined The court shall forthwith order said legal representative or
either as plaintiffs or defendants. (7) representatives to appear and be substituted within a
Section 8. Necessary party. — A necessary party is one period of thirty (30) days from notice.
who is not indispensable but who ought to be joined as a If no legal representative is named by the counsel for the
party if complete relief is to be accorded as to those deceased party, or if the one so named shall fail to appear
already parties, or for a complete determination or within the specified period, the court may order the
settlement of the claim subject of the action. (8a) opposing party, within a specified time to procure the
Section 9. Non-joinder of necessary parties to be appointment of an executor or administrator for the
pleaded. — Whenever in any pleading in which a claim is estate of the deceased and the latter shall immediately
asserted a necessary party is not joined, the pleader shall appear for and on behalf of the deceased. The court
set forth his name, if known, and shall state why he is charges in procuring such appointment, if defrayed by
omitted. Should the court find the reason for the the opposing party, may be recovered as costs. (16a, 17a)
omission unmeritorious, it may order the inclusion of the Section 17. Death or separation of a party who is a public
omitted necessary party if jurisdiction over his person officer. — When a public officer is a party in an action in
may be obtained. his official capacity and during its pendency dies, resigns,
The failure to comply with the order for his inclusion, or otherwise ceases to hold office, the action may be
without justifiable cause, shall be deemed a waiver of the continued and maintained by or against his successor if,
claim against such party. within thirty (30) days after the successor takes office or
The non-inclusion of a necessary party does not prevent such time as may be granted by the court, it is
the court from proceeding in the action, and the satisfactorily shown to the court by any party that there is
judgment rendered therein shall be without prejudice to a substantial need for continuing or maintaining it and
the rights of such necessary party. (8a, 9a) that the successor adopts or continues or threatens to
adopt or continue to adopt or continue the action of his
Section 10. Unwilling co-plaintiff. — If the consent of any predecessor. Before a substitution is made, the party or
party who should be joined as plaintiff can not be officer to be affected, unless expressly assenting thereto,
obtained, he may be made a defendant and the reason shall be given reasonable notice of the application
therefor shall be stated in the complaint. (10) therefor and accorded an opportunity to be heard. (18a)
Section 11. Misjoinder and non-joinder of parties. — Section 18. Incompetency or incapacity. — If a party
Neither misjoinder nor non-joinder of parties is ground becomes incompetent or incapacitated, the court, upon
for dismissal of an action. Parties may be dropped or motion with notice, may allow the action to be continued
added by order of the court on motion of any party or on by or against the incompetent or incapacitated person
its own initiative at any stage the action and on such assisted by his legal guardian or guardian ad litem. (19a)
terms as are just. Any claim against a misjoined party may
be severed and proceeded with separately. (11a) Section 19. Transfer of interest. — In case of any transfer
of interest, the action may be continued by or against the
Section 12. Class suit. — When the subject matter of the original party, unless the court upon motion directs the
controversy is one of common or general interest to many person to whom the interest is transferred to be
persons so numerous that it is impracticable to join all as substituted in the action or joined with the original party.
parties, a number of them which the court finds to be (20)
sufficiently numerous and representative as to fully
protect the interests of all concerned may sue or defend Section 20. Action and contractual money claims. —
for the benefit of all. Any party in interest shall have the When the action is for recovery of money arising from
right to intervene to protect his individual interest. (12a) contract, express or implied, and the defendant dies
before entry of final judgment in the court in which the
Section 13. Alternative defendants. — Where the plaintiff action was pending at the time of such death, it shall not
is uncertain against who of several persons he is entitled be dismissed but shall instead be allowed to continue
to relief, he may join any or all of them as defendants in until entry of final judgment. A favorable judgment
the alternative, although a right to relief against one may obtained by the plaintiff therein shall be enforced in the
be inconsistent with a right of relief against the other. manner especially provided in these Rules for
(13a) prosecuting claims against the estate of a deceased
Section 14. Unknown identity or name of defendant. — person. (21a)
Whenever the identity or name of a defendant is Section 21. Indigent party. — A party may be authorized
unknown, he may be sued as the unknown owner heir to litigate his action, claim or defense as an indigent if the
devisee, or by such other designation as the case may court, upon an ex parte application and hearing, is
require, when his identity or true name is discovered, the satisfied that the party is one who has no money or
pleading must be amended accordingly. (14) property sufficient and available for food, shelter and
Section 15. Entity without juridical personality as basic necessities for himself and his family.
defendant. — When two or more persons not organized Such authority shall include an exemption from payment
as an entity with juridical personality enter into a of docket and other lawful fees, and of transcripts of
transaction, they may be sued under the name by which stenographic notes which the court may order to be
they are generally or commonly known. furnished him. The amount of the docket and other
In the answer of such defendant, the name and lawful fees which the indigent was exempted from
addresses of the persons composing said entity must all paying shall be a lien on any judgment rendered in the
be revealed. (15a) case favorable to the indigent, unless the court otherwise
provides.
Section 16. Death of party; duty of counsel. — Whenever
a party to a pending action dies, and the claim is not Any adverse party may contest the grant of such
thereby extinguished, it shall be the duty of his counsel to authority at any time before judgment is rendered by the
inform the court within thirty (30) days after such death trial court. If the court should determine after hearing


that the party declared as an indigent is in fact a person The defenses of a party are alleged in the answer to the
with sufficient income or property, the proper docket and pleading asserting a claim against him.
other lawful fees shall be assessed and collected by the An answer may be responded to by a reply. (n)
clerk of court. If payment is not made within the time
fixed by the court, execution shall issue or the payment Section 3. Complaint. — The complaint is the pleading
thereof, without prejudice to such other sanctions as the alleging the plaintiff's cause or causes of action. The
court may impose. (22a) names and residences of the plaintiff and defendant
must be stated in the complaint. (3a)
Section 22. Notice to the Solicitor General. — In any
action involving the validity of any treaty, law, ordinance, Section 4. Answer. — An answer is a pleading in which a
executive order, presidential decree, rules or regulations, defending party sets forth his defenses. (4a)
the court, in its discretion, may require the appearance of Section 5. Defenses. — Defenses may either be negative
the Solicitor General who may be heard in person or a or affirmative.
representative duly designated by him. (23a)
(a) A negative defense is the specific denial of the
material fact or facts alleged in the pleading of the
RULE 4 Venue of Actions claimant essential to his cause or causes of action.
Section 1. Venue of real actions. — Actions affecting title (b) An affirmative defense is an allegation of a new matter
to or possession of real property, or interest therein, shall which, while hypothetically admitting the material
be commenced and tried in the proper court which has allegations in the pleading of the claimant, would
jurisdiction over the area wherein the real property nevertheless prevent or bar recovery by him. The
involved, or a portion thereof, is situated. affirmative defenses include fraud, statute of limitations,
release, payment, illegality, statute of frauds, estoppel,
Forcible entry and detainer actions shall be commenced former recovery, discharge in bankruptcy, and any other
and tried in the municipal trial court of the municipality matter by way of confession and avoidance. (5a)
or city wherein the real property involved, or a portion
thereof, is situated. (1[a], 2[a]a) Section 6. Counterclaim. — A counterclaim is any claim
which a defending party may have against an opposing
Section 2. Venue of personal actions. — All other actions party. (6a)
may be commenced and tried where the plaintiff or any
of the principal plaintiffs resides, or where the defendant Section 7. Compulsory counterclaim. — A compulsory
or any of the principal defendants resides, or in the case counterclaim is one which, being cognizable by the
of a non-resident defendant where he may be found, at regular courts of justice, arises out of or is connected with
the election of the plaintiff. (2[b]a) the transaction or occurrence constituting the subject
matter of the opposing party's claim and does not require
Section 3. Venue of actions against nonresidents. — If for its adjudication the presence of third parties of whom
any of the defendants does not reside and is not found in the court cannot acquire jurisdiction. Such a
the Philippines, and the action affects the personal status counterclaim must be within the jurisdiction of the court
of the plaintiff, or any property of said defendant located both as to the amount and the nature thereof, except
in the Philippines, the action may be commenced and that in an original action before the Regional Trial Court,
tried in the court of the place where the plaintiff resides, the counter-claim may be considered compulsory
or where the property or any portion thereof is situated or regardless of the amount. (n)
found. (2[c]a)
Section 8. Cross-claim. — A cross-claim is any claim by
Section 4. When Rule not applicable. — This Rule shall one party against a co-party arising out of the transaction
not apply. or occurrence that is the subject matter either of the
(a) In those cases where a specific rule or law provides original action or of a counterclaim therein. Such
otherwise; or cross-claim may include a claim that the party against
whom it is asserted is or may be liable to the
(b) Where the parties have validly agreed in writing cross-claimant for all or part of a claim asserted in the
before the filing of the action on the exclusive venue action against the cross-claimant. (7)
thereof. (3a, 5a)
Section 9. Counter-counterclaims and
counter-crossclaims. — A counter-claim may be asserted
RULE 5 Uniform Procedure In Trial Courts against an original counter-claimant.
Section 1. Uniform procedure. — The procedure in the A cross-claim may also be filed against an original
Municipal Trial Courts shall be the same as in the cross-claimant. (n)
Regional Trial Courts, except (a) where a particular Section 10. Reply. — A reply is a pleading, the office or
provision expressly or impliedly applies only to either of function of which is to deny, or allege facts in denial or
said courts, or (b) in civil cases governed by the Rule on avoidance of new matters alleged by way of defense in
Summary Procedure. (n) the answer and thereby join or make issue as to such new
Section 2. Meaning of terms. — The term "Municipal Trial matters. If a party does not file such reply, all the new
Courts" as used in these Rules shall include Metropolitan matters alleged in the answer are deemed controverted.
Trial Courts, Municipal Trial Courts in Cities, Municipal Trial If the plaintiff wishes to interpose any claims arising out
Courts, and Municipal Circuit Trial Courts. (1a) of the new matters so alleged, such claims shall be set
forth in an amended or supplemental complaint. (11)
Procedure In Regional Trial Courts Section 11. Third, (fourth, etc.)—party complaint. — A third
(fourth, etc.) — party complaint is a claim that a
defending party may, with leave of court, file against a
RULE 6 Kinds Of Pleadings person not a party to the action, called the third (fourth,
etc.) — party defendant for contribution, indemnity,
Section 1. Pleadings defined. — Pleadings are the written subrogation or any other relief, in respect of his
statements of the respective claims and defenses of the opponent's claim. (12a)
parties submitted to the court for appropriate judgment.
(1a) Section 12. Bringing new parties. — When the presence
of parties other than those to the original action is
Section 2. Pleadings allowed. — The claims of a party are required for the granting of complete relief in the
asserted in a complaint, counterclaim, cross-claim, third determination of a counterclaim or cross-claim, the court
(fourth, etc.)-party complaint, or shall order them to be brought in as defendants, if
complaint-in-intervention. jurisdiction over them can be obtained. (14)


Section 13. Answer to third (fourth, etc.)—party A pleading required to be verified which contains a
complaint. — A third (fourth, etc.) — party defendant may verification based on "information and belief, or upon
allege in his answer his defenses, counterclaims or "knowledge, information and belief," or lacks a proper
cross-claims, including such defenses that the third verification, shall be treated as an unsigned pleading. (4a)
(fourth, etc.) — party plaintiff may have against the (A.M. No. 00-2-10-SC)
original plaintiff's claim. In proper cases, he may also
assert a counterclaim against the original plaintiff in Section 5. Certification against forum shopping. — The
respect of the latter's claim against the third-party plaintiff or principal party shall certify under oath in the
plaintiff. (n) complaint or other initiatory pleading asserting a claim
for relief, or in a sworn certification annexed thereto and
simultaneously filed therewith: (a) that he has not
RULE 7 Parts of a Pleading theretofore commenced any action or filed any claim
Section 1. Caption. — The caption sets forth the name of involving the same issues in any court, tribunal or
the court, the title of the action, and the docket number if quasi-judicial agency and, to the best of his knowledge,
assigned. no such other action or claim is pending therein; (b) if
there is such other pending action or claim, a complete
The title of the action indicates the names of the parties. statement of the present status thereof; and (c) if he
They shall all be named in the original complaint or should thereafter learn that the same or similar action or
petition; but in subsequent pleadings, it shall be claim has been filed or is pending, he shall report that
sufficient if the name of the first party on each side be fact within five (5) days therefrom to the court wherein
stated with an appropriate indication when there are his aforesaid complaint or initiatory pleading has been
other parties. filed.
Their respective participation in the case shall be Failure to comply with the foregoing requirements shall
indicated. (1a, 2a) not be curable by mere amendment of the complaint or
Section 2. The body. — The body of the pleading sets other initiatory pleading but shall be cause for the
forth its designation, the allegations of the party's claims dismissal of the case without prejudice, unless otherwise
or defenses, the relief prayed for, and the date of the provided, upon motion and after hearing. The submission
pleading. (n) of a false certification or non-compliance with any of the
undertakings therein shall constitute indirect contempt
(a) Paragraphs. — The allegations in the body of a of court, without prejudice to the corresponding
pleading shall be divided into paragraphs so numbered administrative and criminal actions. If the acts of the
to be readily identified, each of which shall contain a party or his counsel clearly constitute willful and
statement of a single set of circumstances so far as that deliberate forum shopping, the same shall be ground for
can be done with convenience. A paragraph may be summary dismissal with prejudice and shall constitute
referred to by its number in all succeeding pleadings. (3a) direct contempt, as well as a cause for administrative
(b) Headings. — When two or more causes of action are sanctions. (n)
joined the statement of the first shall be prefaced by the
words "first cause of action,'' of the second by "second
cause of action", and so on for the others. RULE 8 Manner of Making Allegations in Pleadings
When one or more paragraphs in the answer are Section 1. In general. — Every pleading shall contain in a
addressed to one of several causes of action in the methodical and logical form, a plain, concise and direct
complaint, they shall be prefaced by the words "answer to statement of the ultimate facts on which the party
the first cause of action" or "answer to the second cause pleading relies for his claim or defense, as the case may
of action" and so on; and when one or more paragraphs be, omitting the statement of mere evidentiary facts. (1)
of the answer are addressed to several causes of action, If a defense relied on is based on law, the pertinent
they shall be prefaced by words to that effect. (4) provisions thereof and their applicability to him shall be
(c) Relief. — The pleading shall specify the relief sought, clearly and concisely stated. (n)
but it may add a general prayer for such further or other Section 2. Alternative causes of action or defenses. — A
relief as may be deemed just or equitable. (3a, R6) party may set forth two or more statements of a claim or
(d) Date. — Every pleading shall be dated. (n) defense alternatively or hypothetically, either in one cause
of action or defense or in separate causes of action or
Section 3. Signature and address. — Every pleading must
defenses. When two or more statements are made in the
be signed by the party or counsel representing him,
alternative and one of them if made independently would
stating in either case his address which should not be a
be sufficient, the pleading is not made insufficient by the
post office box.
insufficiency of one or more of the alternative statements.
The signature of counsel constitutes a certificate by him (2)
that he has read the pleading; that to the best of his
Section 3. Conditions precedent. — In any pleading a
knowledge, information, and belief there is good ground
general averment of the performance or occurrence of all
to support it; and that it is not interposed for delay.
conditions precedent shall be sufficient. (3)
An unsigned pleading produces no legal effect. However,
Section 4. Capacity. — Facts showing the capacity of a
the court may, in its discretion, allow such deficiency to
party to sue or be sued or the authority of a party to sue
be remedied if it shall appear that the same was due to
or be sued in a representative capacity or the legal
mere inadvertence and not intended for delay. Counsel
existence of an organized association of person that is
who deliberately files an unsigned pleading, or signs a
made a party, must be averred. A party desiring to raise
pleading in violation of this Rule, or alleges scandalous or
an issue as to the legal existence of any party or the
indecent matter therein, or fails promptly report to the
capacity of any party to sue or be sued in a representative
court a change of his address, shall be subject to
capacity, shall do so by specific denial, which shall include
appropriate disciplinary action. (5a)
such supporting particulars as are peculiarly within the
Section 4. Verification. — Except when otherwise pleader's knowledge. (4)
specifically required by law or rule, pleadings need not be
Section 5. Fraud, mistake, condition of the mind. — In all
under oath, verified or accompanied by affidavit.
averments of fraud or mistake the circumstances
A pleading is verified by an affidavit that the affiant has constituting fraud or mistake must be stated with
read the pleading and that the allegations therein are particularity. Malice, intent, knowledge, or other condition
true and correct of his personal knowledge or based on of the mind of a person may be averred generally.(5a)
authentic records.
Section 6. Judgment. — In pleading a judgment or
decision of a domestic or foreign court, judicial or


quasi-judicial tribunal, or of a board or officer, it is discretion requires the claimant to submit evidence. Such
sufficient to aver the judgment or decision without reception of evidence may be delegated to the clerk of
setting forth matter showing jurisdiction to render it. (6) court. (1a, R18)
Section 7. Action or defense based on document. — (a) Effect of order of default. — A party in default shall be
Whenever an action or defense is based upon a written entitled to notice of subsequent proceedings but not to
instrument or document, the substance of such take part in the trial. (2a, R18)
instrument or document shall be set forth in the (b) Relief from order of default. — A party declared in
pleading, and the original or a copy thereof shall be default may at any time after notice thereof and before
attached to the pleading as an exhibit, which shall be judgment file a motion under oath to set aside the order
deemed to be a part of the pleading, or said copy may of default upon proper showing that his failure to answer
with like effect be set forth in the pleading. (7) was due to fraud, accident, mistake or excusable
Section 8. How to contest such documents. — When an negligence and that he has a meritorious defense. In
action or defense is founded upon a written instrument, such case, the order of default may be set aside on such
copied in or attached to the corresponding pleading as terms and conditions as the judge may impose in the
provided in the preceding section, the genuineness and interest of justice. (3a, R18)
due execution of the instrument shall be deemed (c) Effect of partial default. — When a pleading asserting
admitted unless the adverse party, under oath specifically a claim states a common cause of action against several
denies them, and sets forth what he claims to be the defending parties, some of whom answer and the others
facts, but the requirement of an oath does not apply fail to do so, the court shall try the case against all upon
when the adverse party does not appear to be a party to the answers thus filed and render judgment upon the
the instrument or when compliance with an order for an evidence presented. (4a, R18).
inspection of the original instrument is refused. (8a)
(d) Extent of relief to be awarded. — A judgment
Section 9. Official document or act. — In pleading an rendered against a party in default shall not exceed the
official document or official act, it is sufficient to aver that amount or be different in kind from that prayed for nor
the document was issued or the act done in compliance award unliquidated damages. (5a, R18).
with law. (9)
(e) Where no defaults allowed. — If the defending party in
Section 10. Specific denial. — A defendant must specify an action for annulment or declaration of nullity of
each material allegation of fact the truth of which he does marriage or for legal separation fails to answer, the court
not admit and, whenever practicable, shall set forth the shall order the prosecuting attorney to investigate
substance of the matters upon which he relies to support whether or not a collusion between the parties exists, and
his denial. Where a defendant desires to deny only a part if there is no collusion, to intervene for the State in order
of an averment, he shall specify so much of it as is true to see to it that the evidence submitted is not fabricated.
and material and shall deny only the remainder. Where a (6a, R18)
defendant is without knowledge or information sufficient
to form a belief as to the truth of a material averment
made to the complaint, he shall so state, and this shall RULE 10 Amended and Supplemental Pleadings
have the effect of a denial. (10a)
Section 1. Amendments in general. — Pleadings may be
Section 11. Allegations not specifically denied deemed amended by adding or striking out an allegation or the
admitted. — Material averment in the complaint, other name of any party, or by correcting a mistake in the name
than those as to the amount of unliquidated damages, of a party or a mistaken or inadequate allegation or
shall be deemed admitted when not specifically denied. description in any other respect, so that the actual merits
Allegations of usury in a complaint to recover usurious of the controversy may speedily be determined, without
interest are deemed admitted if not denied under oath. regard to technicalities, and in the most expeditious and
(1a, R9) inexpensive manner. (1)
Section 12. Striking out of pleading or matter contained Section 2. Amendments as a matter of right. — A party
therein. — Upon motion made by a party before may amend his pleading once as a matter of right at any
responding to a pleading or, if no responsive pleading is time before a responsive pleading is served or, in the case
permitted by these Rules, upon motion made by a party of a reply, at any time within ten (10) days after it is served.
within twenty (20) days after the service of the pleading (2a)
upon him, or upon the court's own initiative at any time,
the court may order any pleading to be stricken out or Section 3. Amendments by leave of court. — Except as
that any sham or false, redundant, immaterial, provided in the next preceding section, substantial
impertinent, or scandalous matter be stricken out amendments may be made only upon leave of court. But
therefrom. (5, R9) such leave may be refused if it appears to the court that
the motion was made with intent to delay. Orders of the
court upon the matters provided in this section shall be
RULE 9 Effect of Failure to Plead made upon motion filed in court, and after notice to the
adverse party, and an opportunity to be heard. (3a)
Section 1. Defenses and objections not pleaded. —
Defenses and objections not pleaded either in a motion Section 4. Formal amendments. — A defect in the
to dismiss or in the answer are deemed waived. However, designation of the parties and other clearly clerical or
when it appears from the pleadings or the evidence on typographical errors may be summarily corrected by the
record that the court has no jurisdiction over the subject court at any stage of the action, at its initiative or on
matter, that there is another action pending between the motion, provided no prejudice is caused thereby to the
same parties for the same cause, or that the action is adverse party. (4a)
barred by a prior judgment or by statute of limitations, Section 5. Amendment to conform to or authorize
the court shall dismiss the claim. (2a) presentation of evidence. — When issues not raised by
Section 2. Compulsory counterclaim, or cross-claim, not the pleadings are tried with the express or implied
set up barred. — A compulsory counterclaim, or a consent of the parties they shall be treated in all respects
cross-claim, not set up shall be barred. (4a) as if they had been raised in the pleadings. Such
amendment of the pleadings as may be necessary to
Section 3. Default; declaration of. — If the defending cause them to conform to the evidence and to raise these
party fails to answer within the time allowed therefor, the issues may be made upon motion of any party at any
court shall, upon motion of the claiming party with notice time, even after judgment; but failure to amend does not
to the defending party, and proof of such failure, declare affect the result of the trial of these issues. If evidence is
the defending party in default. Thereupon, the court shall objected to at the trial on the ground that it is not within
proceed to render judgment granting the claimant such the issues made by the pleadings, the court may allow
relief as his pleading may warrant, unless the court in its the pleadings to be amended and shall do so with



liberality if the presentation of the merits of the action presented as a counterclaim or a cross-claim by
and the ends of substantial justice will be subserved supplemental pleading before judgment. (9, R6)
thereby. The court may grant a continuance to enable the Section 10. Omitted counterclaim or cross-claim. —
amendment to be made. (5a) When a pleader fails to set up a counterclaim or a
Section 6. Supplemental pleadings. — Upon motion of a cross-claim through oversight, inadvertence, or excusable
party the court may, upon reasonable notice and upon neglect, or when justice requires, he may, by leave of
such terms as are just, permit him to serve a court, set up the counterclaim or cross-claim by
supplemental pleading setting forth transactions, amendment before judgment. (3, R9)
occurrences or events which have happened since the Section 11. Extension of time to plead. — Upon motion
date of the pleading sought to be supplemented. The and on such terms as may be just, the court may extend
adverse party may plead thereto within ten (10) days from the time to plead provided in these Rules.
notice of the order admitting the supplemental pleading.
(6a) The court may also, upon like terms, allow an answer or
other pleading to be filed after the time fixed by these
Section 7. Filing of amended pleadings. — When any Rules. (7)
pleading is amended, a new copy of the entire pleading,
incorporating the amendments, which shall be indicated
by appropriate marks, shall be filed. (7a) RULE 12 Bill of Particulars
Section 8. Effect of amended pleadings. — An amended Section 1. When applied for; purpose. — Before
pleading supersedes the pleading that it amends. responding to a pleading, a party may move for a definite
However, admissions in superseded pleadings may be statement or for a bill of particulars of any matter which is
received in evidence against the pleader, and claims or not averted with sufficient definiteness or particularity to
defenses alleged therein not incorporated in the enable him properly to prepare his responsive pleading. If
amended pleading shall be deemed waived. (n) the pleading is a reply, the motion must be filed within
ten (10) days from service thereof. Such motion shall point
out the defects complained of, the paragraphs wherein
RULE 11 When to File Responsive Pleadings they are contained, and the details desired. (1a)
Section 1. Answer to the complaint. — The defendant Section 2. Action by the court. — Upon the filing of the
shall file his answer to the complaint within fifteen (15) motion, the clerk of court must immediately bring it to
days after service of summons, unless a different period is the attention of the court which may either deny or grant
fixed by the court. (la) it outright, or allow the parties the opportunity to be
Section 2. Answer of a defendant foreign private juridical heard. (n)
entity. — Where the defendant is a foreign private Section 3. Compliance with order. — If the motion is
juridical entity and service of summons is made on the granted, either in whole or in part, the compliance
government official designated by law to receive the therewith must be effected within ten (10) days from
same, the answer shall be filed within thirty (30) days notice of the order, unless a different period is fixed by
after receipt of summons by such entity. (2a) the court. The bill of particulars or a more definite
Section 3. Answer to amended complaint. — When the statement ordered by the court may be filed either in a
plaintiff files an amended complaint as a matter of right, separate or in an amended pleading, serving a copy
the defendant shall answer the same within fifteen (15) thereof on the adverse party. (n)
days after being served with a copy thereof. Section 4. Effect of non-compliance. — If the order is not
Where its filing is not a matter of right, the defendant obeyed, or in case of insufficient compliance therewith,
shall answer the amended complaint within ten (l0) days the court may order the striking out of the pleading or
from notice of the order admitting the same. An answer the portions thereof to which the order was directed or
earlier filed may serve as the answer to the amended make such other order as it deems just. (1[c]a)
complaint if no new answer is filed. Section 5. Stay of period to file responsive pleading. —
This Rule shall apply to the answer to an amended After service of the bill of particulars or of a more definite
counterclaim, amended cross-claim, amended third pleading, or after notice of denial of his motion, the
(fourth, etc.)—party complaint, and amended moving party may file his responsive pleading within the
complaint-in-intervention. (3a) period to which he was entitled at the time of filing his
Section 4. Answer to counterclaim or cross-claim. — A motion, which shall not be less than five (5) days in any
counterclaim or cross-claim must be answered within ten event. (1[b]a)
(10) days from service. (4) Section 6. Bill a part of pleading. — A bill of particulars
Section 5. Answer to third (fourth, etc.)-party complaint. becomes part of the pleading for which it is intended.
— The time to answer a third (fourth, etc.)—party (1[a]a)
complaint shall be governed by the same rule as the
answer to the complaint. (5a) RULE 13 Filing and Service of Pleadings, Judgments
Section 6. Reply. — A reply may be filed within ten (10) and Other Papers
days from service of the pleading responded to. (6)
Section 1. Coverage. — This Rule shall govern the filing of
Section 7. Answer to supplemental complain. — A all pleadings and other papers, as well as the service
supplemental complaint may be answered within ten (10) thereof, except those for which a different mode of
days from notice of the order admitting the same, unless service is prescribed. (n)
a different period is fixed by the court. The answer to the
complaint shall serve as the answer to the supplemental Section 2. Filing and service, defined. — Filing is the act
complaint if no new or supplemental answer is filed. (n) of presenting the pleading or other paper to the clerk of
court.
Section 8. Existing counterclaim or cross-claim. — A
compulsory counterclaim or a cross-claim that a Service is the act of providing a party with a copy of the
defending party has at the time he files his answer shall pleading or paper concerned. If any party has appeared
be contained therein. (8a, R6) by counsel, service upon him shall be made upon his
counsel or one of them, unless service upon the party
Section 9. Counterclaim or cross-claim arising after himself is ordered by the court. Where one counsel
answer. — A counterclaim or a cross-claim which either appears for several parties, he shall only be entitled to one
matured or was acquired by a party after serving his copy of any paper served upon him by the opposite side.
pleading may, with the permission of the court, be (2a)


Section 3. Manner of filing. — The filing of pleadings, court on a copy of the same; if filed by registered mail, by
appearances, motions, notices, orders, judgments and all the registry receipt and by the affidavit of the person who
other papers shall be made by presenting the original did the mailing, containing a full statement of the date
copies thereof, plainly indicated as such, personally to the and place of depositing the mail in the post office in a
clerk of court or by sending them by registered mail. In sealed envelope addressed to the court, with postage
the first case, the clerk of court shall endorse on the fully prepaid, and with instructions to the postmaster to
pleading the date and hour of filing. In the second case, return the mail to the sender after ten (10) days if not
the date of the mailing of motions, pleadings, or any delivered. (n)
other papers or payments or deposits, as shown by the Section 13. Proof of Service. — Proof of personal service
post office stamp on the envelope or the registry receipt, shall consist of a written admission of the party served, or
shall be considered as the date of their filing, payment, or the official return of the server, or the affidavit of the
deposit in court. The envelope shall be attached to the party serving, containing a full statement of the date,
record of the case. (1a) place and manner of service. If the service is by ordinary
Section 4. Papers required to be filed and served. — mail, proof thereof shall consist of an affidavit of the
Every judgment, resolution, order, pleading subsequent person mailing of facts showing compliance with section
to the complaint, written motion, notice, appearance, 7 of this Rule. If service is made by registered mail, proof
demand, offer of judgment or similar papers shall be filed shall be made by such affidavit and the registry receipt
with the court, and served upon the parties affected. (2a) issued by the mailing office. The registry return card shall
Section 5. Modes of service. — Service of pleadings be filed immediately upon its receipt by the sender, or in
motions, notices, orders, judgments and other papers lieu thereof the unclaimed letter together with the
shall be made either personally or by mail. (3a) certified or sworn copy of the notice given by the
postmaster to the addressee. (10a)
Section 6. Personal service. — Service of the papers may
be made by delivering personally a copy to the party or Section 14. Notice of lis pendens. — In an action affecting
his counsel, or by leaving it in his office with his clerk or the title or the right of possession of real property, the
with a person having charge thereof. If no person is found plaintiff and the defendant, when affirmative relief is
in his office, or his office is not known, or he has no office, claimed in his answer, may record in the office of the
then by leaving the copy, between the hours of eight in registry of deeds of the province in which the property is
the morning and six in the evening, at the party's or situated notice of the pendency of the action. Said notice
counsel's residence, if known, with a person of sufficient shall contain the names of the parties and the object of
age and discretion then residing therein. (4a) the action or defense, and a description of the property in
that province affected thereby. Only from the time of
Section 7. Service by mail. — Service by registered mail filing such notice for record shall a purchaser, or
shall be made by depositing the copy in the post office in encumbrancer of the property affected thereby, be
a sealed envelope, plainly addressed to the party or his deemed to have constructive notice of the pendency of
counsel at his office, if known, otherwise at his residence, the action, and only of its pendency against the parties
if known, with postage fully prepaid, and with instructions designated by their real names.
to the postmaster to return the mail to the sender after
ten (10) days if undelivered. If no registry service is The notice of lis pendens hereinabove mentioned may be
available in the locality of either the senders or the cancelled only upon order of the court, after proper
addressee, service may be done by ordinary mail. (5a; Bar showing that the notice is for the purpose of molesting
Matter No. 803, 17 February 1998) the adverse party, or that it is not necessary to protect the
rights of the rights of the party who caused it to be
Section 8. Substituted service. — If service of pleadings, recorded. (24a, R-14)
motions, notices, resolutions, orders and other papers
cannot be made under the two preceding sections, the
office and place of residence of the party or his counsel RULE 14 Summons
being unknown, service may be made by delivering the Section 1. Clerk to issue summons. — Upon the filing of
copy to the clerk of court, with proof of failure of both the complaint and the payment of the requisite legal
personal service and service by mail. The service is fees, the clerk of court shall forthwith issue the
complete at the time of such delivery. (6a) corresponding summons to the defendants. (1a)
Section 9. Service of judgments, final orders, or Section 2. Contents. — The summons shall be directed to
resolutions. — Judgments, final orders or resolutions shall the defendant, signed by the clerk of court under seal
be served either personally or by registered mail. When a and contain (a) the name of the court and the names of
party summoned by publication has failed to appear in the parties to the action; (b) a direction that the
the action, judgments, final orders or resolutions against defendant answer within the time fixed by these Rules;
him shall be served upon him also by publication at the (c) a notice that unless the defendant so answers plaintiff
expense of the prevailing party. (7a) will take judgment by default and may be granted the
Section 10. Completeness of service. — Personal service is relief applied for.
complete upon actual delivery. Service by ordinary mail is A copy of the complaint and order for appointment of
complete upon the expiration of ten (10) days after guardian ad litem if any, shall be attached to the original
mailing, unless the court otherwise provides. Service by and each copy of the summons. (3a)
registered mail is complete upon actual receipt by the
addressee, or after five (5) days from the date he received Section 3. By whom served. — The summons may be
the first notice of the postmaster, whichever date is served by the sheriff, his deputy, or other proper court
earlier. (8a) officer, or for justifiable reasons by any suitable person
authorized by the court issuing the summons. (5a)
Section 11. Priorities in modes of service and filing. —
Whenever practicable, the service and filing of pleadings Section 4. Return. — When the service has been
and other papers shall be done personally. Except with completed, the server shall, within five (5) days therefrom,
respect to papers emanating from the court, a resort to serve a copy of the return, personally or by registered
other modes must be accompanied by a written mail, to the plaintiff's counsel, and shall return the
explanation why the service or filing was not done summons to the clerk, who issued it, accompanied by
personally. A violation of this Rule may be cause to proof of service. (6a)
consider the paper as not filed. (n) Section 5. Issuance of alias summons. — If a summons is
Section 12. Proof of filing. — The filing of a pleading or returned without being served on any or all of the
paper shall be proved by its existence in the record of the defendants, the server shall also serve a copy of the return
case. If it is not in the record, but is claimed to have been on the plaintiff's counsel, stating the reasons for the
filed personally, the filing shall be proved by the written failure of service, within five (5) days therefrom. In such a
or stamped acknowledgment of its filing by the clerk of



case, or if the summons has been lost, the clerk, on Philippines, service may, by leave of court, be effected out
demand of the plaintiff, may issue an alias summons. (4a) of the Philippines by personal service as under section 6;
Section 6. Service in person on defendant. — Whenever or by publication in a newspaper of general circulation in
practicable, the summons shall be served by handling a such places and for such time as the court may order, in
copy thereof to the defendant in person, or, if he refuses which case a copy of the summons and order of the court
to receive and sign for it, by tendering it to him. (7a) shall be sent by registered mail to the last known address
of the defendant, or in any other manner the court may
Section 7. Substituted service. — If, for justifiable causes, deem sufficient. Any order granting such leave shall
the defendant cannot be served within a reasonable time specify a reasonable time, which shall not be less than
as provided in the preceding section, service may be sixty (60) days after notice, within which the defendant
effected (a) by leaving copies of the summons at the must answer. (17a)
defendant's residence with some person of suitable age
and discretion then residing therein, or (b) by leaving the Section 16. Residents temporarily out of the Philippines.
copies at defendant's office or regular place of business — When any action is commenced against a defendant
with some competent person in charge thereof. (8a) who ordinarily resides within the Philippines, but who is
temporarily out of it, service may, by leave of court, be also
Section 8. Service upon entity without juridical effected out of the Philippines, as under the preceding
personality. — When persons associated in an entity section. (18a)
without juridical personality are sued under the name by
which they are generally or commonly known, service Section 17. Leave of court. — Any application to the court
may be effected upon all the defendants by serving upon under this Rule for leave to effect service in any manner
any one of them, or upon the person in charge of the for which leave of court is necessary shall be made by
office or place of business maintained in such name. But motion in writing, supported by affidavit of the plaintiff or
such service shall not bind individually any person whose some person on his behalf, setting forth the grounds for
connection with the entity has, upon due notice, been the application. (19)
severed before the action was brought. (9a) Section 18. Proof of service. — The proof of service of a
Section 9. Service upon prisoners. — When the summons shall be made in writing by the server and shall
defendant is a prisoner confined in a jail or institution, set forth the manner, place, and date of service; shall
service shall be effected upon him by the officer having specify any papers which have been served with the
the management of such jail or institution who is process and the name of the person who received the
deemed deputized as a special sheriff for said purpose. same; and shall be sworn to when made by a person
(12a) other than a sheriff or his deputy. (20)
Section 10. Service upon minors and incompetents. — Section 19. Proof of service by publication. — If the service

When the defendant is a minor, insane or otherwise an has been made by publication, service may be proved by
incompetent, service shall be made upon him personally the affidavit of the printer, his foreman or principal clerk,
and on his legal guardian if he has one, or if none his or of the editor, business or advertising manager, to
guardian ad litem whose appointment shall be applied which affidavit a copy of the publication shall be attached
for by the plaintiff. In the case of a minor, service may also and by an affidavit showing the deposit of a copy of the
be made on his father or mother. (l0a, 11a) summons and order for publication in the post office,
postage prepaid, directed to the defendant by registered
Section 11. Service upon domestic private juridical entity. mail to his last known address. (21)
— When the defendant is a corporation, partnership or
association organized under the laws of the Philippines Section 20. Voluntary appearance. — The defendant's
with a juridical personality, service may be made on the voluntary appearance in the action shall be equivalent to
president, managing partner, general manager, service of summons. The inclusion in a motion to dismiss
corporate secretary, treasurer, or in-house counsel. (13a) of other grounds aside from lack of jurisdiction over the
person of the defendant shall not be deemed a voluntary
Section 12. Service upon foreign private juridical entities. appearance. (23a)
— When the defendant is a foreign private juridical entity
which has transacted business in the Philippines, service
may be made on its resident agent designated in RULE 15 Motions
accordance with law for that purpose, or, if there be no Section 1. Motion defined. — A motion is an application
such agent, on the government official designated by law for relief other than by a pleading. (1a)
to that effect, or on any of its officers or agents within the
Philippines. (14a) Section 2. Motions must be in writings. — All motions
shall be in writing except those made in open court or in
Section 13. Service upon public corporations. — When the course of a hearing or trial. (2a)
the defendant is the Republic of the Philippines, service
may be effected on the Solicitor General; in case of a Section 3. Contents. — A motion shall state the relief
province, city or municipality, or like public corporations, sought to be obtained and the grounds upon which it is
service may be effected on its executive head, or on such based, and if required by these Rules or necessary to
other officer or officers as the law or the court may direct. prove facts alleged therein, shall be accompanied by
(15) supporting affidavits and other papers. (3a)
Section 14. Service upon defendant whose identity or Section 4. Hearing of motion. — Except for motions
whereabouts are unknown. — In any action where the which the court may act upon without prejudicing the
defendant is designated as an unknown owner, or the rights of the adverse party, every written motion shall be
like, or whenever his whereabouts are unknown and set for hearing by the applicant.
cannot be ascertained by diligent inquiry, service may, by Every written motion required to be heard and the notice
leave of court, be effected upon him by publication in a of the hearing thereof shall be served in such a manner as
newspaper of general circulation and in such places and to ensure its receipt by the other party at least three (3)
for such time as the court may order. (16a) days before the date of hearing, unless the court for good
Section 15. Extraterritorial service. — When the cause sets the hearing on shorter notice. (4a)
defendant does not reside and is not found in the Section 5. Notice of hearing. — The notice of hearing
Philippines, and the action affects the personal status of shall be addressed to all parties concerned, and shall
the plaintiff or relates to, or the subject of which is, specify the time and date of the hearing which must not
property within the Philippines, in which the defendant be later than ten (10) days after the filing of the motion.
has or claims a lien or interest, actual or contingent, or in (5a)
which the relief demanded consists, wholly or in part, in
excluding the defendant from any interest therein, or the
property of the defendant has been attached within the


Section 6. Proof of service necessary. — No written paragraphs (f), (h) and (i) of section 1 hereof shall bar the
motion set for hearing shall be acted upon by the court refiling of the same action or claim. (n)
without proof of service thereof. (6a) Section 6. Pleading grounds as affirmative defenses. — If
Section 7. Motion day. — Except for motions requiring no motion to dismiss has been filed, any of the grounds
immediate action, all motions shall be scheduled for for dismissal provided for in this Rule may be pleaded as
hearing on Friday afternoons, or if Friday is a non-working an affirmative defense in the answer and, in the
day, in the afternoon of the next working day. (7a) discretion of the court, a preliminary hearing may be had
Section 8. Omnibus motion. — Subject to the provisions thereon as if a motion to dismiss had been filed. (5a)
of section 1 of Rule 9, a motion attacking a pleading, The dismissal of the complaint under this section shall be
order, judgment, or proceeding shall include all without prejudice to the prosecution in the same or
objections then available, and all objections not so separate action of a counterclaim pleaded in the answer.
included shall be deemed waived. (8a) (n)
Section 9. Motion for leave. — A motion for leave to file a
pleading or motion shall be accompanied by the RULE 17 Dismissal of Actions
pleading or motion sought to be admitted. (n)
Section 1. Dismissal upon notice by plaintiff. — A
Section 10. Form. — The Rules applicable to pleadings complaint may be dismissed by the plaintiff by filing a
shall apply to written motions so far as concerns caption, notice of dismissal at any time before service of the
designation, signature, and other matters of form. (9a) answer or of a motion for summary judgment. Upon such
notice being filed, the court shall issue an order
RULE 16 Motion to Dismiss confirming the dismissal. Unless otherwise stated in the
notice, the dismissal is without prejudice, except that a
Section 1. Grounds. — Within the time for but before notice operates as an adjudication upon the merits when
filing the answer to the complaint or pleading asserting a filed by a plaintiff who has once dismissed in a
claim, a motion to dismiss may be made on any of the competent court an action based on or including the
following grounds: same claim. (1a)
(a) That the court has no jurisdiction over the person of Section 2. Dismissal upon motion of plaintiff. — Except as
the defending party; provided in the preceding section, a complaint shall not
(b) That the court has no jurisdiction over the subject be dismissed at the plaintiff's instance save upon
matter of the claim; approval of the court and upon such terms and
conditions as the court deems proper. If a counterclaim
(c) That venue is improperly laid; has been pleaded by a defendant prior to the service
(d) That the plaintiff has no legal capacity to sue; upon him of the plaintiffs motion for dismissal, the
dismissal shall be limited to the complaint. The dismissal
(e) That there is another action pending between the shall be without prejudice to the right of the defendant to
same parties for the same cause; prosecute his counterclaim in a separate action unless
(f) That the cause of action is barred by a prior judgment within fifteen (15) days from notice of the motion he
or by the statute of limitations; manifests his preference to have his counterclaim
(g) That the pleading asserting the claim states no cause resolved in the same action. Unless otherwise specified in
of action; the order, a dismissal under this paragraph shall be
without prejudice. A class suit shall not be dismissed or
(h) That the claim or demand set forth in the plaintiff's compromised without the approval of the court. (2a)
pleading has been paid, waived, abandoned, or otherwise
extinguished; Section 3. Dismissal due to fault of plaintiff. — If, for no
justifiable cause, the plaintiff fails to appear on the date of
(i) That the claim on which the action is founded is the presentation of his evidence in chief on the
enforceable under the provisions of the statute of frauds; complaint, or to prosecute his action for an unreasonable
and length of time, or to comply with these Rules or any order
(j) That a condition precedent for filing the claim has not of the court, the complaint may be dismissed upon
been complied with. (1a) motion of the defendant or upon the court's own motion,
without prejudice to the right of the defendant to
Section 2. Hearing of motion. — At the hearing of the prosecute his counterclaim in the same or in a separate
motion, the parties shall submit their arguments on the action. This dismissal shall have the effect of an
questions of law and their evidence on the questions of adjudication upon the merits, unless otherwise declared
fact involved except those not available at that time. by the court. (3a)
Should the case go to trial, the evidence presented during
the hearing shall automatically be part of the evidence of Section 4. Dismissal of counterclaim, cross-claim, or
the party presenting the same. (n) third-party complaint. — The provisions of this Rule shall
apply to the dismissal of any counterclaim, cross-claim, or
Section 3. Resolution of Motion. — After the hearing, the third-party complaint. A voluntary dismissal by the
court may dismiss the action or claim, deny the motion, claimant by notice as in section 1 of this Rule, shall be
or order the amendment of the pleading. made before a responsive pleading or a motion for
The court shall not defer the resolution of the motion for summary judgment is served or, if there is none, before
the reason that the ground relied upon is not indubitable. the introduction of evidence at the trial or hearing. (4a)
In every case, the resolution shall state clearly and
distinctly the reasons therefor. (3a) RULE 18 Pre-Trial
Section 4. Time to plead. — If the motion is denied, the Section 1. When conducted. — After the last pleading has
movant shall file his answer within the balance of the been served and filed, if shall be the duty of the plaintiff
period prescribed by Rule 11 to which he was entitled at to promptly move ex parte that the case be set for
the time of serving his motion, but not less than five (5) pre-trial (5a, R20)
days in any event, computed from his receipt of the
notice of the denial. If the pleading is ordered to be Section 2. Nature and purpose. — The pre-trial is
amended, he shall file his answer within the period mandatory. The court shall consider:
prescribed by Rule 11 counted from service of the (a) The possibility of an amicable settlement or of a
amended pleading, unless the court provides a longer submission to alternative modes of dispute resolution;
period. (4a)
(b) The simplification of the issues;
Section 5. Effect of dismissal. — Subject to the right of
appeal, an order granting a motion to dismiss based on



(c) The necessity or desirability of amendments to the situated as to be adversely affected by a distribution or
pleadings; other disposition of property in the custody of the court
(d) The possibility of obtaining stipulations or admissions or of an officer thereof may, with leave of court, be
of facts and of documents to avoid unnecessary proof; allowed to intervene in the action. The court shall
consider whether or not the intervention will unduly
(e) The limitation of the number of witnesses; delay or prejudice the adjudication of the rights of the
(f) The advisability of a preliminary reference of issues to a original parties, and whether or not the intervenor's rights
commissioner; may be fully protected in a separate proceeding. (2[a],
[b]a, R12)
(g) The propriety of rendering judgment on the
pleadings, or summary judgment, or of dismissing the Section 2. Time to intervene. — The motion to intervene
action should a valid ground therefor be found to exist; may be filed at any time before rendition of judgment by
the trial court. A copy of the pleading-in-intervention shall
(h) The advisability or necessity of suspending the be attached to the motion and served on the original
proceedings; and parties. (n)
(i) Such other matters as may aid in the prompt Section 3. Pleadings-in-intervention. — The intervenor
disposition of the action. (1a, R20) shall file a complaint-in-intervention if he asserts a claim
Section 3. Notice of pre-trial. — The notice of pre-trial against either or all of the original parties, or an
shall be served on counsel, or on the party who has no answer-in-intervention if he unites with the defending
counsel. The counsel served with such notice is charged party in resisting a claim against the latter. (2[c]a, R12)
with the duty of notifying the party represented by him. Section 4. Answer to complaint-in-intervention. — The
(n) answer to the complaint-in-intervention shall be filed
Section 4. Appearance of parties. — It shall be the duty within fifteen (15) days from notice of the order admitting
of the parties and their counsel to appear at the pre-trial. the same, unless a different period is fixed by the court.
The non-appearance of a party may be excused only if a (2[d]a, R12)
valid cause is shown therefor or if a representative shall
appear in his behalf fully authorized in writing to enter
into an amicable settlement, to submit to alternative RULE 20 Calendar of Cases
modes of dispute resolution, and to enter into stipulations Section 1. Calendar of cases. — The clerk of court, under
or admissions of facts and of documents. (n) the direct supervision of the judge, shall keep a calendar
Section 5. Effect of failure to appear. — The failure of the of cases for pre-trial, for trial, those whose trials were
plaintiff to appear when so required pursuant to the next adjourned or postponed, and those with motions to set
preceding section shall be cause for dismissal of the for hearing. Preference shall be given to habeas corpus
action. The dismissal shall be with prejudice, unless cases, election cases, special civil actions, and those so
otherwise ordered by the court. A similar failure on the required by law. (1a, R22)
part of the defendant shall be cause to allow the plaintiff Section 2. Assignment of cases. — The assignment of
to present his evidence ex parte and the court to render cases to the different branches of a court shall be done
judgment on the basis thereof. (2a, R20) exclusively by raffle. The assignment shall be done in
Section 6. Pre-trial brief. — The parties shall file with the open session of which adequate notice shall be given so
court and serve on the adverse party, in such manner as as to afford interested parties the opportunity to be
shall ensure their receipt thereof at least three (3) days present. (7a, R22)
before the date of the pre-trial, their respective pre-trial
briefs which shall contain, among others: RULE 21 Subpoena
(a) A statement of their willingness to enter into amicable Section 1. Subpoena and subpoena duces tecum. —
settlement or alternative modes of dispute resolution, Subpoena is a process directed to a person requiring him
indicating the desired terms thereof; to attend and to testify at the hearing or the trial of an
(b) A summary of admitted facts and proposed action, or at any investigation conducted by competent
stipulation of facts; authority, or for the taking of his deposition. It may also
(c) The issues to be tried or resolved; require him to bring with him any books, documents, or
other things under his control, in which case it is called a
(d) The documents or exhibits to be presented stating the subpoena duces tecum. (1a, R23)
purpose thereof;
Section 2. By whom issued. — The subpoena may be
(e) A manifestation of their having availed or their issued by —
intention to avail themselves of discovery procedures or
referral to commissioners; and (a) the court before whom the witness is required to
attend;
(f) The number and names of the witnesses, and the
substance of their respective testimonies. (b) the court of the place where the deposition is to be
taken;
Failure to file the pre-trial brief shall have the same effect
as failure to appear at the pre-trial. (n) (c) the officer or body authorized by law to do so in
connection with investigations conducted by said officer
Section 7. Record of pre-trial. — The proceedings in the or body; or
pre-trial shall be recorded. Upon the termination thereof,
the court shall issue an order which shall recite in detail (d) any Justice of the Supreme Court or of the Court of
the matters taken up in the conference, the action taken Appeals in any case or investigation pending within the
thereon, the amendments allowed to the pleadings, and Philippines.
the agreements or admissions made by the parties as to When application for a subpoena to a prisoner is made,
any of the matters considered. Should the action proceed the judge or officer shall examine and study carefully
to trial, the order shall, explicitly define and limit the such application to determine whether the same is made
issues to be tried. The contents of the order shall control for a valid purpose.
the subsequent course of the action, unless modified No prisoner sentenced to death, reclusion perpetua or life
before trial to prevent manifest injustice. (5a, R20) imprisonment and who is confined in any penal
institution shall be brought outside the said penal
RULE 19 Intervention institution for appearance or attendance in any court
unless authorized by the Supreme Court (2a, R23)
Section 1. Who may intervene. — A person who has a
legal interest in the matter in litigation, or in the success Section 3. Form and contents. — A subpoena shall state
of either of the parties, or an interest against both, or is so the name of the court and the title of the action or



investigation, shall be directed to the person whose time begins to run is to be excluded and the date of
attendance is required, and in the case of a subpoena performance included. If the last day of the period, as
duces tecum, it shall also contain a reasonable thus computed, falls on a Saturday a Sunday, or a legal
description of the books, documents or things demanded holiday in the place where the court sits, the time shall
which must appear to the court prima facie relevant. (3a, not run until the next working day. (a)
R23) Section 2. Effect of interruption. — Should an act be done
Section 4. Quashing a subpoena. — The court may which effectively interrupts the running of the period, the
quash a subpoena duces tecum upon motion promptly allowable period after such interruption shall start to run
made and, in any event, at or before the time specified on the day after notice of the cessation of the cause
therein if it is unreasonable and oppressive, or the thereof.
relevancy of the books, documents or things does not The day of the act that caused the interruption shall be
appear, or if the person in whose behalf the subpoena is excluded in the computation of the period. (n)
issued fails to advance the reasonable cost of the
production thereof.
The court may quash a subpoena ad testificandum on RULE 23 Depositions Pending Action
the ground that the witness is not bound thereby. In Section 1. Depositions pending action, when may be
either case, the subpoena may be quashed on the taken. — By leave of court after jurisdiction has been
ground that the witness fees and kilometrage allowed by obtained over any defendant or over property which is
these Rules were not tendered when the subpoena was the subject of the action, or without such leave after an
served. (4a, R23) answer has been served, the testimony of any person,
Section 5. Subpoena for depositions. — Proof of service of whether a party or not, may be taken, at the instance of
a notice to take a deposition, as provided in sections 15 any party, by deposition upon oral examination or written
and 25 of Rule 23, shall constitute sufficient authorization interrogatories. The attendance of witnesses may be
for the issuance of subpoenas for the persons named in compelled by the use of a subpoena as provided in Rule
said notice by the clerk of the court of the place in which 21. Depositions shall be taken only in accordance with
the deposition is to be taken. The clerk shall not, however, these Rules. The deposition of a person confined in prison
issue a subpoena duces tecum to any such person may be taken only by leave of court on such terms as the
without an order of the court. (5a, R23) court prescribes. (1a, R24)
Section 6. Service. — Service of a subpoena shall be made Section 2. Scope of examination. — Unless otherwise
in the same manner as personal or substituted service of ordered by the court as provided by section 16 or 18 of this
summons. The original shall be exhibited and a copy Rule, the deponent may be examined regarding any
thereof delivered to the person on whom it is served, matter, not privileged, which is relevant to the subject of
tendering to him the fees for one day's attendance and the pending action, whether relating to the claim or
the kilometrage allowed by these Rules, except that, defense of any other party, including the existence,
when a subpoena is issued by or on behalf of the description, nature, custody, condition, and location of
Republic of the Philippines or an officer or agency any books, documents, or other tangible things and the
thereof, the tender need not be made. The service must identity and location of persons having knowledge of
be made so as to allow the witness a reasonable time for relevant facts. (2, R24)
preparation and travel to the place of attendance. If the Section 3. Examination and cross-examination. —
subpoena is duces tecum, the reasonable cost of Examination and cross-examination of deponents may
producing the books, documents or things demanded proceed as permitted at the trial under sections 3 to 18 of
shall also be tendered. (6a, R23) Rule 132. (3a, R24)
Section 7. Personal appearance in court. — A person Section 4. Use of depositions. — At the trial or upon the
present in court before a judicial officer may be required hearing of a motion or an interlocutory proceeding, any
to testify as if he were in attendance upon a subpoena is part or all of a deposition, so far as admissible under the
sued by such court or officer. (10, R23) rules of evidence, may be used against any party who was
Section 8. Compelling attendance. — In case of failure of present or represented at the taking of the deposition or
a witness to attend, the court or judge issuing the who had due notice thereof, in accordance with any one
subpoena, upon proof of the service thereof and of the of the following provisions;
failure of the witness, may issue a warrant to the sheriff of (a) Any deposition may be used by any party for the
the province, or his deputy, to arrest the witness and purpose of contradicting or impeaching the testimony of
bring him before the court or officer where his deponent as a witness;
attendance is required, and the cost of such warrant and
seizure of such witness shall be paid by the witness if the (b) The deposition of a party or of any one who at the time
court issuing it shall determine that his failure to answer of taking the deposition was an officer, director, or
the subpoena was willful and without just excuse. (11, R23) managing agent of a public or private corporation,
partnership, or association which is a party may be used
Section 9. Contempt. — Failure by any person without by an adverse party for any purpose;
adequate cause to obey a subpoena served upon him
shall be deemed a contempt of the court from which the (c) The deposition of a witness, whether or not a party,
subpoena is issued. If the subpoena was not issued by a may be used by any party for any purpose if the court
court, the disobedience thereto shall be punished in finds: (1) that the witness is dead, or (2) that the witness
accordance with the applicable law or Rule. (12a R23) resides at a distance more than one hundred (100)
kilometers from the place of trial or hearing, or is out of
Section 10. Exceptions. — The provisions of sections 8 and the Philippines, unless it appears that his absence was
9 of this Rule shall not apply to a witness who resides procured by the party offering the deposition, or (3) that
more than one hundred (100) kilometers from his the witness is unable to attend or testify because of age,
residence to the place where he is to testify by the sickness, infirmity, or imprisonment, or (4) that the party
ordinary course of travel, or to a detention prisoner if no offering the deposition has been unable to procure the
permission of the court in which his case is pending was attendance of the witness by subpoena; or (5) upon
obtained. (9a, R23) application and notice, that such exceptional
circumstances exist as to make it desirable, in the interest
of justice and with due regard to the importance of
RULE 22 Computation of Time presenting the testimony of witnesses orally in open
Section 1. How to compute time. — In computing any court, to allow the deposition to be used; and
period of time prescribed or allowed by these Rules, or by (d) If only part of a deposition is offered in evidence by a
order of the court, or by any applicable statute, the day of party, the adverse party may require him to introduce all
the act or event from which the designated period of



of it which is relevant to the part introduced, and any may for cause shown enlarge or shorten the time. (15,
party may introduce any other parts. (4a, R24) R24)
Section 5. Effect of substitution of parties. — Substitution Section 16. Orders for the protection of parties and
of parties does not affect the right to use depositions deponents. — After notice is served for taking a
previously taken; and, when an action has been dismissed deposition by oral examination, upon motion seasonably
and another action involving the same subject is made by any party or by the person to be examined and
afterward brought between the same parties or their for good cause shown, the court in which the action is
representatives or successors in interest, all depositions pending may make an order that the deposition shall not
lawfully taken and duly filed in the former action may be be taken, or that it may be taken only at some designated
used in the latter as if originally taken therefor. (5, R24) place other than that stated in the notice, or that it may
Section 6. Objections to admissibility. — Subject to the be taken only on written interrogatories, or that certain
provisions of section 29 of this Rule, objection may be matters shall not be inquired into, or that the scope of the
made at the trial or hearing, to receiving in evidence any examination shall be held with no one present except the
deposition or part thereof for any reason which would parties to the action and their officers or counsel, or that
require the exclusion of the evidence if the witness were after being sealed the deposition shall be opened only by
then present and testifying (6, R24) order of the court, or that secret processes,
developments, or research need not be disclosed, or that
Section 7. Effect of taking depositions. — A party shall not the parties shall simultaneously file specified documents
be deemed to make a person his own witness for any or information enclosed in sealed envelopes to be opened
purpose by taking his deposition. (7, R24) as directed by the court or the court may make any other
Section 8. Effect of using depositions. — The introduction order which justice requires to protect the party or
in evidence of the deposition or any part thereof for any witness from annoyance, embarrassment, or oppression.
purpose other than that of contradicting or impeaching (16a, R24)
the deponent makes the deponent the witness of the Section 17. Record of examination, oath; objections. —
party introducing the deposition, but this shall not apply The officer before whom the deposition is to be taken
to the use by an adverse party of a deposition as shall put the witness on oath and shall personally, or by
described in paragraph (b) of section 4 of this Rule. (8, some one acting under his direction and in his presence,
R24) record the testimony of the witness. The testimony shall
Section 9. Rebutting deposition. — At the trial or hearing be taken stenographically unless the parties agree
any party may rebut any relevant evidence contained in a otherwise. All objections made at the time of the
deposition whether introduced by him or by any other examination to the qualifications of the officer taking the
party. (9, R24) deposition, or to the manner of talking it, or to the
evidence presented, or to the conduct of any party, and
Section 10. Persons before whom depositions may be any other objection to the proceedings, shall be noted by
taken within the Philippines. — Within the Philippines the officer upon the deposition. Evidence objected to
depositions may be taken before any judge, notary shall be taken subject to the objections. In lieu of
public, or the person referred to in section 14 hereof. (10a, participating in the oral examination, parties served with
R24) notice of taking a deposition may transmit written
Section 11. Persons before whom depositions may be interrogatories to the officers, who shall propound them
taken in foreign countries. — In a foreign state or country, to the witness and record the answers verbatim. (17, R24)
depositions may be taken (a) on notice before a secretary Section 18. Motion to terminate or limit examination. —
of embassy or legation, consul general, consul, At any time during the taking of the deposition, on
vice-consul, or consular agent of the Republic of the motion or petition of any party or of the deponent, and
Philippines, (b) before such person or officer as may be upon a showing that the examination is being conducted
appointed by commission or under letters rogatory; or (c) in bad faith or in such manner as unreasonably to annoy,
the person referred to in section 14 hereof. (11a, R24) embarrass, or oppress the deponent or party, the court in
Section 12. Commission or letters rogatory. — A which the action is pending or the Regional Trial Court of
commission or letters rogatory shall be issued only when the place where the deposition is being taken may order
necessary or convenient, on application and notice, and the officer conducting the examination to cease
on such terms, and with such direction as are just and forthwith from taking the deposition, or may limit the
appropriate. Officers may be designated in notices or scope and manner of the taking of the deposition, as
commissions either by name or descriptive title and provided in section 16 of this Rule. If the order made
letters rogatory may be addressed to the appropriate terminates the examination, it shall be resumed
judicial authority in the foreign country. (12a, R24) thereafter only upon the order of the court in which the
action is pending. Upon demand of the objecting party or
Section 13. Disqualification by interest. — No deposition deponent, the taking of the deposition shall be
shall be taken before a person who is a relative within the suspended for the time necessary to make a notice for an
sixth degree of consanguinity or affinity, or employee or order. In granting or refusing such order, the court may
counsel of any of the parties, or who is a relative within impose upon either party or upon the witness the
the same degree, or employee of such counsel; or who is requirement to pay such costs or expenses as the court
financially interested in the action. (13a, R24) may deem reasonable. (18a, R24)
Section 14. Stipulations regarding taking of depositions. Section 19. Submission to witness; changes; signing. —
— If the parties so stipulate in writing, depositions may be When the testimony is fully transcribed, the deposition
taken before any person authorized to administer oaths, shall be submitted to the witness for examination and
at any time or place, in accordance with these Rules and shall be read to or by him, unless such examination and
when so taken may be used like other depositions. (14a, reading are waived by the witness and by the parties. Any
R24) changes in form or substance which the witness desires
Section 15. Deposition upon oral examination; notice; to make shall be entered upon the deposition by the
time and place. — A party desiring to take the deposition officer with a statement of the reasons given by the
of any person upon oral examination shall give witness for making them. The deposition shall then be
reasonable notice in writing, to every other party to the signed by the witness, unless the parties by stipulation
action. The notice shall state the time and place for taking waive the signing or the witness is ill or cannot be found
the deposition and the name and address of each person or refuses to sign. If the deposition is not signed by the
to be examined, if known, and if the name is not known, a witness, the officer shall sign it and state on the record
general description sufficient to identify him or the the fact of the waiver or of the illness or absence of the
particular class or group to which he belongs. On motion witness or the fact of the refusal to sign together with the
of any party upon whom the notice is served, the court reason be given therefor, if any, and the deposition may
then be used as fully as though signed, unless on a



motion to suppress under section 29 (f) of this Rule, the shown, may make any order specified in sections 15, 16
court holds that the reasons given for the refusal to sign and 18 of this Rule which is appropriate and just or an
require rejection of the deposition in whole or in part. order that the deposition shall not be taken before the
(19a, R24) officer designated in the notice or that it shall not be
Section 20. Certification, and filing by officer. — The taken except upon oral examination. (28a, R24)
officer shall certify on the deposition that the witness was Section 29. Effect of errors and irregularities in
duly sworn to by him and that the deposition is a true depositions. —
record of the testimony given by the witness. He shall (a) As to notice. — All errors and irregularities in the notice
then securely seal the deposition in an envelope indorsed for taking a deposition are waived unless written
with the title of the action and marked "Deposition of objection is promptly served upon the party giving the
(here insert the name of witness)" and shall promptly file notice.
it with the court in which the action is pending or send it
by registered mail to the clerk thereof for filing. (20, R24) (b) As to disqualification of officer. — Objection to taking
a deposition because of disqualification of the officer
Section 21. Notice of filing. — The officer taking the before whom it is to be taken is waived unless made
deposition shall give prompt notice of its filing to all the before the taking of the deposition begins or as soon
parties. (21, R24) thereafter as the disqualification becomes known or
Section 22. Furnishing copies. — Upon payment of could be discovered with reasonable diligence.
reasonable charges therefor, the officer shall furnish a (c) As to competency or relevancy of evidence. —
copy of the deposition to any party or to the deponent. Objections to the competency of witness or the
(22, R24) competency, relevancy, or materiality of testimony are not
Section 23. Failure to attend of party giving notice. — If waived by failure to make them before or during the
the party giving the notice of the taking of a deposition taking of the deposition, unless the ground, of the
fails to attend and proceed therewith and another objection is one which might have been obviated or
attends in person or by counsel pursuant to the notice, removed if presented at that time.
the court may order the party giving the notice to pay (d) As to oral examination and other particulars. — Errors
such other party the amount of the reasonable expenses and irregularities occurring at the oral examination in the
incurred by him and his counsel in so attending, manner of taking the deposition in the form of the
including reasonable attorney's fees. (23a, R24) questions or answers, in the oath or affirmation, or in the
Section 24. Failure of party giving notice to serve conduct of the parties and errors of any kind which might
subpoena. — If the party giving the notice of the taking of be obviated, removed, or cured if promptly prosecuted,
a deposition of a witness fails to serve a subpoena upon are waived unless reasonable objection thereto is made
him and the witness because of such failure does not at the taking of the deposition.
attend, and if another party attends in person or by (e) As to form of written interrogatories. — Objections to
counsel because he expects the deposition of that the form of written interrogatories submitted under
witness to be taken, the court may order the party giving sections 25 and 26 of this Rule are waived unless served in
the notice to pay to such other party the amount of the writing upon the party propounding them within the
reasonable expenses incurred by him and his counsel in time allowed for serving succeeding cross or other
so attending, including reasonable attorney's fees. (24a,
interrogatories and within three (3) days after service of
R24) the last interrogatories authorized.
Section 25. Deposition upon written interrogatories; (f) As to manner of preparation. — Errors and
service of notice and of interrogatories. — A party irregularities in the manner in which the testimony is
desiring to take the deposition of any person upon transcribed or the deposition is prepared, signed,
written interrogatories shall serve them upon every other certified, sealed, indorsed, transmitted, filed, or otherwise
party with a notice stating the name and address of the dealt with by the officer under sections 17, 19, 20 and 26 of
person who is to answer them and the name or this Rule are waived unless a motion to suppress the
descriptive title and address of the officer before whom deposition or some part thereof is made with reasonable
the deposition is to be taken. Within ten (10) days promptness after such defect is, or with due diligence
thereafter, a party so served may serve might have been, ascertained. (29a, R24)
cross-interrogatories upon the party proposing to take
the deposition. Within five (5) days thereafter, the latter
may serve re-direct interrogatories upon a party who has RULE 24 Depositions Before Action or Pending
served cross-interrogatories. Within three (3) days after Appeal
being served with re-direct interrogatories, a party may
serve recross-interrogatories upon the party proposing to Section 1. Depositions before action; petition. — A person
take the deposition. (25, R24) who desires to perpetuate his own testimony or that of
another person regarding any matter that may be
Section 26. Officers to take responses and prepare
cognizable in any court of the Philippines may file a
record. — A copy of the notice and copies of all
verified petition in the court of the place of the residence
interrogatories served shall be delivered by the party
of any expected adverse party. (1a R134)
taking the deposition to the officer designated in the
notice, who shall proceed promptly, in the manner Section 2. Contents of petition. — The petition shall be
provided by sections 17, 19 and 20 of this Rule, to take the entitled in the name of the petitioner and shall show: (a)
testimony of the witness in response to the that the petitioner expects to be a party to an action in a
interrogatories and to prepare, certify, and file or mail the court of the Philippines but is presently unable to bring it
deposition, attaching thereto the copy of the notice and or cause it to be brought; (b) the subject matter of the
the interrogatories received by him. (26, R24) expected action and his interest therein; (c) the facts
which he desires to establish by the proposed testimony
Section 27. Notice of filing and furnishing copies. —
and his reasons for desiring to perpetuate it; (d) the
When a deposition upon interrogatories is filed, the
names or a description of the persons he expects will be
officer taking it shall promptly give notice thereof to all
adverse parties and their addresses so far as known; and
the parties, and may furnish copies to them or to the
(e) the names and addresses of the persons to be
deponent upon payment of reasonable charges therefor.
examined and the substance of the testimony which he
(27, R24)
expects to elicit from each, and shall ask for an order
Section 28. Order for the protection of parties and authorizing the petitioner to take the depositions of the
deponents. — After the service of the interrogatories and persons to be examined named in the petition for the
prior to the taking of the testimony of the deponent, the purpose of perpetuating their testimony. (2, R134)
court in which the action is pending, on motion promptly
made by a party or a deponent, and for good cause



Section 3. Notice and service. — The petitioner shall serve objections are resolved, which shall be at as early a time
a notice upon each person named in the petition as an as is practicable. (3a)
expected adverse party, together with a copy of the Section 4. Number of interrogatories. — No party may,
petition, stating that the petitioner will apply to the court, without leave of court, serve more than one set of
at a time and place named therein, for the order interrogatories to be answered by the same party. (4)
described in the petition. At least twenty (20) days before
the date of the hearing, the court shall cause notice Section 5. Scope and use of interrogatories. —
thereof to be served on the parties and prospective Interrogatories may relate to any matters that can be
deponents in the manner provided for service of inquired into under section 2 of Rule 23, and the answers
summons. (3a, R134) may be used for the same purposes provided in section 4
of the same Rule. (5a)
Section 4. Order and examination. — If the court is
satisfied that the perpetuation of the testimony may Section 6. Effect of failure to serve written interrogatories.
prevent a failure or delay of justice, it shall make an order — Unless thereafter allowed by the court for good cause
designating or describing the persons whose deposition shown and to prevent a failure of justice, a party not
may be taken and specifying the subject matter of the served with written interrogatories may not be compelled
examination and whether the depositions shall be taken by the adverse party to give testimony in open court, or to
upon oral examination or written interrogatories. The give a deposition pending appeal. (n)
depositions may be taken in accordance with Rule 23
before the hearing. (4a, R134)
RULE 26 Admission by Adverse Party
Section 5. Reference to court. — For the purpose of
applying Rule 23 to depositions for perpetuating Section 1. Request for admission. — At any time after
testimony, each reference therein to the court in which issues have been joined, a party may file and serve upon
the action is pending shall be deemed to refer to the any other party may file and serve upon any other party a
court in which the petition for such deposition was filed. written request for the admission by the latter of the
(5a, R134) genuineness of any material and relevant document
described in and exhibited with the request or of the
Section 6. Use of deposition. — If a deposition to truth of any material and relevant matter of fact set forth
perpetuate testimony is taken under this Rule, or if, in the request. Copies of the documents shall be
although not so taken, it would be admissible in delivered with the request unless copy have already been
evidence, it may be used in any action involving the same furnished. (1a)
subject matter subsequently brought in accordance with
the provisions of sections 4 and 5 of Rule 23. (6a, R134) Section 2. Implied admission. — Each of the matters of
which an admission is requested shall be deemed
Section 7. Depositions pending appeal. — If an appeal admitted unless, within a period designated in the
has been taken from a judgment of a court, including the request, which shall not be less than fifteen (15) days after
Court of Appeals in proper cases, or before the taking of service thereof, or within such further time as the court
an appeal if the time therefor has not expired, the court in may allow on motion, the party to whom the request is
which the judgment was rendered may allow the taking directed files and serves upon the party requesting the
of depositions of witnesses to perpetuate their testimony admission a sworn statement either denying specifically
for in the event of further proceedings in the said court. In the matters of which an admission is requested or setting
such case the party who desires to perpetuate the forth in detail the reasons why he cannot truthfully either
testimony may make a motion in the said court for leave admit or deny those matters.
to take the depositions, upon the same notice and service
thereof as if the action was pending therein. The motion Objections to any request for admission shall be
shall state (a) the names and addresses of the persons to submitted to the court by the party requested within the
be examined and the substance of the testimony which period for and prior to the filing of his sworn statement as
he expects to elicit from each, and (b) the reason for contemplated in the preceding paragraph and his
perpetuating their testimony. If the court finds that the compliance therewith shall be deferred until such
perpetuation of the testimony is proper to avoid a failure objections are resolved, which resolution shall be made as
or delay of justice, it may make an order allowing the early as practicable. (2a)
deposition to be taken, and thereupon the depositions Section 3. Effect of admission. — Any admission made by
may be taken and used in the same manner and under a party pursuant to such request is for the purpose of the
the same conditions as are prescribed in these Rules for pending action only and shall not constitute an
depositions taken in pending actions. (7a, R134) admission by him for any other purpose nor may the
same be used against him in any other proceeding. (3)
RULE 25 Interrogatories to Parties Section 4. Withdrawal. — The court may allow the party
making an admission under the Rule, whether express or
Section 1. Interrogatories to parties; service thereof. — implied, to withdraw or amend it upon such terms as may
Under the same conditions specified in section 1 of Rule be just. (4)
23, any party desiring to elicit material and relevant facts
from any adverse parties shall file and serve upon the Section 5. Effect of failure to file and serve request for
latter written interrogatories to be answered by the party admission. — Unless otherwise allowed by the court for
served or, if the party served is a public or private good cause shown and to prevent a failure of justice a
corporation or a partnership or association, by any officer party who fails to file and serve a request for admission
thereof competent to testify in its behalf. (1a) on the adverse party of material and relevant facts at
issue which are, or ought to be, within the personal
Section 2. Answer to interrogatories. — The knowledge of the latter, shall not be permitted to present
interrogatories shall be answered fully in writing and shall evidence on such facts. (n)
be signed and sworn to by the person making them. The
party upon whom the interrogatories have been served
shall file and serve a copy of the answers on the party RULE 27 Production or Inspection of Documents or
submitting the interrogatories within fifteen (15) days Things
after service thereof unless the court on motion and for
good cause shown, extends or shortens the time. (2a) Section 1. Motion for production or inspection; order. —
Upon motion of any party showing good cause therefor,
Section 3. Objections to interrogatories. — Objections to the court in which an action is pending may (a) order any
any interrogatories may be presented to the court within party to produce and permit the inspection and copying
ten (10) days after service thereof, with notice as in case of or photographing, by or on behalf of the moving party, of
a motion; and answers shall be deferred until the any designated documents, papers, books, accounts,
letters, photographs, objects or tangible things, not


privileged, which constitute or contain evidence material Section 2. Contempt of court. — If a party or other
to any matter involved in the action and which are in his witness refuses to be sworn or refuses to answer any
possession, custody or control, or (b) order any party to question after being directed to do so by the court of the
permit entry upon designated land or other property in place in which the deposition is being taken, the refusal
his possession or control for the purpose of inspecting, may be considered a contempt of that court. (2a)
measuring, surveying, or photographing the property or Section 3. Other consequences. — If any party or an
any designated relevant object or operation thereon. The officer or managing agent of a party refuses to obey an
order shall specify the time, place and manner of making order made under section 1 of this Rule requiring him to
the inspection and taking copies and photographs, and answer designated questions, or an order under Rule 27
may prescribe such terms and conditions as are just. (1a) to produce any document or other thing for inspection,
copying, or photographing or to permit it to be done, or
RULE 28 Physical and Mental Examination of to permit entry upon land or other property or an order
made under Rule 28 requiring him to submit to a physical
Persons or mental examination, the court may make such orders
Section 1. When examination may be ordered. — In an in regard to the refusal as are just, and among others the
action in which the mental or physical condition of a following:
party is in controversy, the court in which the action is (a) An order that the matters regarding which the
pending may in its discretion order him to submit to a questions were asked, or the character or description of
physical or mental examination by a physician. (1) the thing or land, or the contents of the paper, or the
Section 2. Order for examination. — The order for physical or mental condition of the party, or any other
examination may be made only on motion for good designated facts shall be taken to be established for the
cause shown and upon notice to the party to be purposes of the action in accordance with the claim of
examined and to all other parties, and shall specify the the party obtaining the order;
time, place, manner, conditions and scope of the (b) An order refusing to allow the disobedient party to
examination and the person or persons by whom it is to support or oppose designated claims or defenses or
be made. (2) prohibiting him from introducing in evidence designated
Section 3. Report of findings. — If requested by the party documents or things or items of testimony, or from
examined, the party causing the examination to be made introducing evidence of physical or mental condition;
shall deliver to him a copy of a detailed written report of (c) An order striking out pleadings or parts thereof, or
the examining physician setting out his findings and staying further proceedings until the order is obeyed, or
conclusions. After such request and delivery, the party dismissing the action or proceeding or any part thereof,
causing the examination to be made shall be entitled or rendering a judgment by default against the
upon request to receive from the party examined a like disobedient party; and
report of any examination, previously or thereafter made,
of the same mental or physical condition. If the party (d) In lieu of any of the foregoing orders or in addition
examined refuses to deliver such report, the court on thereto, an order directing the arrest of any party or agent
motion and notice may make an order requiring delivery of a party for disobeying any of such orders except an
on such terms as are just, and if a physician fails or refuses order to submit to a physical or mental examination. (3a)
to make such a report the court may exclude his Section 4. Expenses on refusal to admit. — If a party after
testimony if offered at the trial. (3a) being served with a request under Rule 26 to admit the
Section 4. Waiver of privilege. — By requesting and genuineness of any document or the truth of any matter
obtaining a report of the examination so ordered or by of fact serves a sworn denial thereof and if the party
taking the deposition of the examiner, the party requesting the admissions thereafter proves the
examined waives any privilege he may have in that action genuineness of such document or the truth of any such
or any other involving the same controversy, regarding matter of fact, he may apply to the court for an order
the testimony of every other person who has examined or requiring the other party to pay him the reasonable
may thereafter examine him in respect of the same expenses incurred in making such proof, including
mental or physical examination. (4) attorney's fees. Unless the court finds that there were
good reasons for the denial or that admissions sought
were of no substantial importance, such order shall be
RULE 29 Refusal to Comply with Modes of Discovery issued. (4a)
Section 1. Refusal to answer. — If a party or other Section 5. Failure of party to attend or serve answers. —
deponent refuses to answer any question upon oral If a party or an officer or managing agent of a party
examination, the examination may be completed on wilfully fails to appear before the officer who is to take his
other matters or adjourned as the proponent of the deposition, after being served with a proper notice, or fails
question may prefer. The proponent may thereafter apply to serve answers to interrogatories submitted under Rule
to the proper court of the place where the deposition is 25 after proper service of such interrogatories, the court
being taken, for an order to compel an answer. The same on motion and notice, may strike out all or any part of any
procedure may be availed of when a party or a witness pleading of that party, or dismiss the action or
refuses to answer any interrogatory submitted under proceeding or any part thereof, or enter a judgment by
Rules 23 or 25. default against that party, and in its discretion, order him
If the application is granted, the court shall require the to pay reasonable expenses incurred by the other,
refusing party or deponent to answer the question or including attorney's fees. (5)
interrogatory and if it also finds that the refusal to answer Section 6. Expenses against the Republic of the
was without substantial justification, it may require the Philippines. — Expenses and attorney's fees are not to be
refusing party or deponent or the counsel advising the imposed upon the Republic of the Philippines under this
refusal, or both of them, to pay the proponent the Rule. (6)
amount of the reasonable expenses incurred in obtaining
the order, including attorney's fees.
RULE 30 Trial
If the application is denied and the court finds that it was
filed without substantial justification, the court may Section 1. Notice of Trial. — Upon entry of a case in the
require the proponent or the counsel advising the filing trial calendar, the clerk shall notify the parties of the date
of the application, or both of them, to pay to the refusing of its trial in such manner as shall ensure his receipt of
party or deponent the amount of the reasonable that notice at least five (5) days before such date. (2a, R22)
expenses incurred in opposing the application, including Section 2. Adjournments and postponements. — A court
attorney's fees. (1a) may adjourn a trial from day to day, and to any stated
time, as the expeditious and convenient transaction of



business may require, but shall have no power to adjourn to its clerk of court who is a member of the bar. The clerk
a trial for a longer period than one month for each of court shall have no power to rule on objections to any
adjournment nor more than three months in all, except question or to the admission of exhibits, which objections
when authorized in writing by the Court Administrator, shall be resolved by the court upon submission of his
Supreme Court. (3a, R22) report and the transcripts within ten (10) days from
Section 3. Requisites of motion to postpone trial for termination of the hearing. (n)
absence of evidence. — A motion to postpone a trial on
the ground of absence of evidence can be granted only RULE 31 Consolidation or Severance
upon affidavit showing the materiality or relevancy of
such evidence, and that due diligence has been used to Section 1. Consolidation. — When actions involving a
procure it. But if the adverse party admits the facts to be common question of law or fact are pending before the
given in evidence, even if he objects or reserves the right court, it may order a joint hearing or trial of any or all the
to object to their admissibility, the trial shall not be matters in issue in the actions; it may order all the actions
postponed. (4a, R22; Bar Matter No. 803, 21 July 1998) consolidated, and it may make such orders concerning
proceedings therein as may tend to avoid unnecessary
Section 4. Requisites of motion to postpone trial for costs or delay. (1)
illness of party or counsel. — A motion to postpone a trial
on the ground of illness of a party or counsel may be Section 2. Separate trials. — The court, in furtherance of
granted if it appears upon affidavit or sworn certification convenience or to avoid prejudice, may order a separate
that the presence of such party or counsel at the trial is trial of any claim, cross-claim, counterclaim, or third-party
indispensable and that the character of his illness is such complaint, or of any separate issue or of any number of
as to render his non-attendance excusable. (5a, R22) claims, cross-claims, counterclaims, third-party
complaints or issues. (2a)
Section 5. Order of trial. — Subject to the provisions of
section 2 of Rule 31, and unless the court for special
reasons otherwise directs, the trial shall be limited to the RULE 32 Trial by Commissioner
issues stated in the pre-trial order and shall proceed as
follows: Section 1. Reference by consent. — By written consent of
both parties, the court may order any or all of the issues in
(a) The plaintiff shall adduce evidence in support of his a case to be referred to a commissioner to be agreed
complaint; upon by the parties or to be appointed by the court. As
(b) The defendant shall then adduce evidence in support used in these Rules, the word "commissioner" includes a
of his defense, counterclaim, cross-claim and third-party referee, an auditor and an examiner. (1a, R33)
complaints; Section 2. Reference ordered on motion. — When the
(c) The third-party defendant if any, shall adduce evidence parties do not consent, the court may, upon the
of his defense, counterclaim, cross-claim and fourth-party application of either or of its own motion, direct a
complaint; reference to a commissioner in the following cases:
(d) The fourth-party, and so forth, if any, shall adduce (a) When the trial of an issue of fact requires the
evidence of the material facts pleaded by them; examination of a long account on either side, in which
case the commissioner may be directed to hear and
(e) The parties against whom any counterclaim or report upon the whole issue or any specific question
cross-claim has been pleaded, shall adduce evidence in involved therein;
support of their defense, in the order to be prescribed by
the court; (b) When the taking of an account is necessary for the
information of the court before judgment, or for carrying
(f) The parties may then respectively adduce rebutting a judgment or order into effect.
evidence only, unless the court, for good reasons and in
the furtherance of justice, permits them to adduce (c) When a question of fact, other than upon the
evidence upon their original case; and pleadings, arises upon motion or otherwise, in any stage
of a case, or for carrying a judgment or order into effect.
(g) Upon admission of the evidence, the case shall be (2a, R33)
deemed submitted for decision, unless the court directs
the parties to argue or to submit their respective Section 3. Order of reference; powers of the
memoranda or any further pleadings. commissioner. — When a reference is made, the clerk
shall forthwith furnish the commissioner with a copy of
If several defendants or third-party defendants, and so the order of reference. The order may specify or limit the
forth, having separate defenses appear by different powers of the commissioner, and may direct him to
counsel, the court shall determine the relative order of report only upon particular issues, or to do or perform
presentation of their evidence. (1a, R30) particular acts, or to receive and report evidence only and
Section 6. Agreed statement of facts. — The parties to may fix the date for beginning and closing the hearings
any action may agree, in writing, upon the facts involved and for the filing of his report. Subject to other
in the litigation, and submit the case for judgment on the specifications and limitations stated in the order, the
facts agreed upon, without the introduction of evidence. commissioner has and shall exercise the power to
regulate the proceedings in every hearing before him and
If the parties agree only on some of the facts in issue, the to do all acts and take all measures necessary or proper
trial shall be held as to the disputed facts in such order as for the efficient performance of his duties under the
the court shall prescribe. (2a, R30) order. He may issue subpoenas and subpoenas duces
Section 7. Statement of judge. — During the hearing or tecum, swear witnesses, and unless otherwise provided in
trial of a case any statement made by the judge with the order of reference, he may rule upon the admissibility
reference to the case, or to any of the parties, witnesses or of evidence. The trial or hearing before him shall proceed
counsel, shall be made of record in the stenographic in all respects as it would if held before the court. (3a, R33)
notes. (3a, R30) Section 4. Oath of commissioner. — Before entering
Section 8. Suspension of actions. — The suspension of upon his duties the commissioner shall be sworn to a
actions shall be governed by the provisions of the Civil faithful and honest performance thereof. (14, R33)
Code. (n) Section 5. Proceedings before commissioner. — Upon
Section 9. Judge to receive evidence; delegation to clerk receipt of the order of reference and unless otherwise
of court. — The judge of the court where the case is provided therein, the commissioner shall forthwith set a
pending shall personally receive the evidence to be time and place for the first meeting of the parties or their
adduced by the parties. However, in default or ex parte counsel to be held within ten (10) days after the date of
hearings, and in any case where the parties agree in
writing, the court may delegate the reception of evidence



the order of reference and shall notify the parties or their the material facts alleged in the complaint shall always be

counsel. (5a, R33) proved. (1a, R19)
Section 6. Failure of parties to appear before
commissioner. — If a party fails to appear at the time and RULE 35 Summary Judgments
place appointed, the commissioner may proceed ex parte
or, in his discretion, adjourn the proceedings to a future Section 1. Summary judgment for claimant. — A party
day, giving notice to the absent party or his counsel of the seeking to recover upon a claim, counterclaim, or
adjournment. (6a, R33) cross-claim or to obtain a declaratory relief may, at any
time after the pleading in answer thereto has been
Section 7. Refusal of witness. — The refusal of a witness served, move with supporting affidavits, depositions or
to obey a subpoena issued by the commissioner or to admissions for a summary judgment in his favor upon all
give evidence before him, shall be deemed a contempt of or any part thereof. (1a, R34)
the court which appointed the commissioner. (7a R33)
Section 2. Summary judgment for defending party. — A
Section 8. Commissioner shall avoid delays. — It is the party against whom a claim, counterclaim, or cross-claim
duty of the commissioner to proceed with all reasonable is asserted or a declaratory relief is sought may, at any
diligence. Either party, on notice to the parties and time, move with supporting affidavits, depositions or
commissioner, may apply to the court for an order admissions for a summary judgment in his favor as to all
requiring the commissioner to expedite the proceedings or any part thereof. (2a, R34)
and to make his report. (8a, R33)
Section 3. Motion and proceedings thereon. — The
Section 9. Report of commissioner. — Upon the motion shall be served at least ten (10) days before the
completion of the trial or hearing or proceeding before time specified for the hearing. The adverse party may
the commissioner, he shall file with the court his report in serve opposing affidavits, depositions, or admissions at
writing upon the matters submitted to him by the order least three (3) days before the hearing. After the hearing,
of reference. When his powers are not specified or the judgment sought shall be rendered forthwith if the
limited, he shall set forth his findings of fact and pleadings, supporting affidavits, depositions, and
conclusions of law in his report. He shall attach thereto all admissions on file, show that, except as to the amount of
exhibits, affidavits, depositions, papers and the transcript, damages, there is no genuine issue as to any material fact
if any, of the testimonial evidence presented before him. and that the moving party is entitled to a judgment as a
(9a, R33) matter of law. (3a, R34)
Section 10. Notice to parties of the filing of report. — Section 4. Case not fully adjudicated on motion. — If on
Upon the filing of the report, the parties shall be notified motion under this Rule, judgment is not rendered upon
by the clerk, and they shall be allowed ten (10) days within the whole case or for all the reliefs sought and a trial is
which to signify grounds of objections to the findings of necessary, the court at the hearing of the motion, by
the report, if they so desire. Objections to the report examining the pleadings and the evidence before it and
based upon grounds which were available to the parties by interrogating counsel shall ascertain what material
during the proceedings before the commissioner, other facts exist without substantial controversy and what are
than objections to the findings and conclusions therein, actually and in good faith controverted. It shall thereupon
set forth, shall not be considered by the court unless they make an order specifying the facts that appear without
were made before the commissioner. (10, R33) substantial controversy, including the extent to which the
Section 11. Hearing upon report. — Upon the expiration of amount of damages or other relief is not in controversy,
the period of ten (10) days referred to in the preceding and directing such further proceedings in the action as
section, the report shall be set for hearing, after which the are just. The facts so specified shall be deemed
court shall issue an order adopting, modifying, or established, and the trial shall be conducted on the
rejecting the report in whole or in part, or recommitting it controverted facts accordingly. (4a, R34)
with instructions, or requiring the parties to present Section 5. Form of affidavits and supporting papers. —
further evidence before the commissioner or the court. Supporting and opposing affidavits shall be made on
(11a, R33) personal knowledge, shall set forth such facts as would be
Section 12. Stipulations as to findings. — When the admissible in evidence, and shall show affirmatively that
parties stipulate that a commissioner's findings of fact the affiant is competent to testify to the matters stated
shall be final, only questions of law shall thereafter be therein. Certified true copies of all papers or parts thereof
considered. (12a, R33) referred to in the affidavit shall be attached thereto or
served therewith. (5a, R34)
Section 13. Compensation of commissioner. — The court
shall allow the commissioner such reasonable Section 6. Affidavits in bad faith. — Should it appear to
compensation as the circumstances of the case warrant, its satisfaction at any time that any of the affidavits
to be taxed as costs against the defeated party, or presented pursuant to this Rule are presented in bad
apportioned, as justice requires. (13, R33) faith, or solely for the purpose of delay, the court shall
forthwith order the offending party or counsel to pay to
the other party the amount of the reasonable expenses
RULE 33 Demurrer to Evidence which the filing of the affidavits caused him to incur
Section 1. Demurrer to evidence. — After the plaintiff has including attorney's fees, it may, after hearing further
completed the presentation of his evidence, the adjudge the offending party or counsel guilty of
defendant may move for dismissal on the ground that contempt. (6a, R34)
upon the facts and the law the plaintiff has shown no
right to relief. If his motion is denied he shall have the RULE 36 Judgments, Final Orders and Entry Thereof
right to present evidence. If the motion is granted but on
appeal the order of dismissal is reversed he shall be Section 1. Rendition of judgments and final orders. — A
deemed to have waived the right to present evidence. (1a, judgment or final order determining the merits of the
R35) case shall be in writing personally and directly prepared
by the judge, stating clearly and distinctly the facts and
the law on which it is based, signed by him, and filed with
RULE 34 Judgment on the Pleadings the clerk of the court. (1a)
Section 1. Judgment on the pleadings. — Where an Section 2. Entry of judgments and final orders. — If no
answer fails to tender an issue, or otherwise admits the appeal or motion for new trial or reconsideration is filed
material allegations of the adverse party's pleading, the within the time provided in these Rules, the judgment or
court may; on motion of that party, direct judgment on final order shall forthwith be entered by the clerk in the
such pleading. However, in actions for declaration of book of entries of judgments. The date of finality of the
nullity or annulment of marriage or for legal separation, judgment or final order shall be deemed to be the date of



its entry. The record shall contain the dispositive part of contrary to lawmaking express reference to the
the judgment or final order and shall be signed by the testimonial or documentary evidence or to the provisions
clerk, within a certificate that such judgment or final of law alleged to be contrary to such findings or
order has become final and executory. (2a, 10, R51) conclusions.
Section 3. Judgment for or against one or more of A pro forma motion for new trial or reconsideration shall
several parties. — Judgment may be given for or against not toll the reglementary period of appeal. (2a)
one or more of several plaintiffs and for or against one or Section 3. Action upon motion for new trial or
more of several defendants. When justice so demands, reconsideration. — The trial court may set aside the
the court may require the parties on each side to file judgment or final order and grant a new trial, upon such
adversary pleadings as between themselves and terms as may be just, or may deny the motion. If the court
determine their ultimate rights and obligations. (3) finds that excessive damages have been awarded or that
Section 4. Several judgments. — In an action against the judgment or final order is contrary to the evidence or
several defendants, the court may, when a several law, it may amend such judgment or final order
judgment is proper, render judgment against one or accordingly. (3a)
more of them, leaving the action to proceed against the Section 4. Resolution of motion. — A motion for new trial
others. (4) or reconsideration shall be resolved within thirty (30) days
Section 5. Separate judgments. — When more than one from the time it is submitted for resolution. (n)
claim for relief is presented in an action, the court, at any Section 5. Second motion for new trial. — A motion for
stage, upon a determination of the issues material to a new trial shall include all grounds then available and
particular claim and all counterclaims arising out of the those not so included shall be deemed waived. A second
transaction or occurrence which is the subject matter of motion for new trial, based on a ground not existing nor
the claim, may render a separate judgment disposing of available when the first motion was made, may be filed
such claim. The judgment shall terminate the action with within the time herein provided excluding the time
respect to the claim so disposed of and the action shall during which the first motion had been pending.
proceed as to the remaining claims. In case a separate
judgment is rendered the court by order may stay its No party shall be allowed a second motion for
enforcement until the rendition of a subsequent reconsideration of a judgment or final order (4a, 4, IRG)
judgment or judgments and may prescribe such Section 6. Effect of granting of motion for new trial. — If a
conditions as may be necessary to secure the benefit new trial is granted in accordance with the provisions of
thereof to the party in whose favor the judgment is this Rules the original judgment or final order shall be
rendered. (5a) vacated, and the action shall stand for trial de novo; but
Section 6. Judgment against entity without juridical the recorded evidence taken upon the former trial, insofar
personality. — When judgment is rendered against two as the same is material and competent to establish the
or more persons sued as an entity without juridical issues, shall be used at the new trial without retaking the
personality, the judgment shall set out their individual or same. (5a)
proper names, if known. (6a) Section 7. Partial new trial or reconsideration. — If the
grounds for a motion under this Rule appear to the court
RULE 37 New Trial or Reconsiderations to affect the issues as to only a part, or less than an of the
matter in controversy, or only one, or less than all, of the
Section 1. Grounds of and period for filing motion for new parties to it, the court may order a new trial or grant
trial or reconsideration. — Within the period for taking an reconsideration as to such issues if severable without
appeal, the aggrieved party may move the trial court to interfering with the judgment or final order upon the
set aside the judgment or final order and grant a new rest. (6a)
trial for one or more of the following causes materially
Section 8. Effect of order for partial new trial. — When
affecting the substantial rights of said party:
less than all of the issues are ordered retried, the court
(a) Fraud, accident, mistake or excusable negligence may either enter a judgment or final order as to the rest,
which ordinary prudence could not have guarded against or stay the enforcement of such judgment or final order
and by reason of which such aggrieved party has until after the new trial. (7a)
probably been impaired in his rights; or
Section 9. Remedy against order denying a motion for
(b) Newly discovered evidence, which he could not, with new trial or reconsideration. — An order denying a
reasonable diligence, have discovered and produced at motion for new trial or reconsideration is not appealed,
the trial, and which if presented would probably alter the the remedy being an appeal from the judgment or final
result. order. (n)
Within the same period, the aggrieved party may also
move for reconsideration upon the grounds that the RULE 38 Relief from Judgments, Orders, or Other
damages awarded are excessive, that the evidence is
insufficient to justify the decision or final order, or that Proceedings
the decision or final order is contrary to law. (1a) Section 1. Petition for relief from judgment, order, or
Section 2. Contents of motion for new trial or other proceedings. — When a judgment or final order is
reconsideration and notice thereof. — The motion shall entered, or any other proceeding is thereafter taken
be made in writing stating the ground or grounds against a party in any court through fraud, accident,
therefor, a written notice of which shall be served by the mistake, or excusable negligence, he may file a petition in
movant on the adverse party. such court and in the same case praying that the
judgment, order or proceeding be set aside. (2a)
A motion for new trial shall be proved in the manner
provided for proof of motion. A motion for the cause Section 2. Petition for relief from denial of appeal. —
mentioned in paragraph (a) of the preceding section shall When a judgment or final order is rendered by any court
be supported by affidavits of merits which may be in a case, and a party thereto, by fraud, accident, mistake,
rebutted by affidavits. A motion for the cause mentioned or excusable negligence, has been prevented from taking
in paragraph (b) shall be supported by affidavits of the an appeal, he may file a petition in such court and in the
witnesses by whom such evidence is expected to be same case praying that the appeal be given due course.
given, or by duly authenticated documents which are (1a)
proposed to be introduced in evidence. Section 3. Time for filing petition; contents and
A motion for reconsideration shall point out a specifically verification. — A petition provided for in either of the
the findings or conclusions of the judgment or final order preceding sections of this Rule must be verified, filed
which are not supported by the evidence or which are within sixty (60) days after the petitioner learns of the


judgment, final order, or other proceeding to be set aside, final order even before the expiration of the period to
and not more than six (6) months after such judgment or appeal.
final order was entered, or such proceeding was taken, After the trial court has lost jurisdiction the motion for
and must be accompanied with affidavits showing the execution pending appeal may be filed in the appellate
fraud, accident, mistake, or excusable negligence relied court.
upon, and the facts constituting the petitioner's good
and substantial cause of action or defense, as the case Discretionary execution may only issue upon good
may be. (3) reasons to be stated in a special order after due hearing.
Section 4. Order to file an answer. — If the petition is (b) Execution of several, separate or partial judgments. —
sufficient in form and substance to justify relief, the court A several, separate or partial judgment may be executed
in which it is filed, shall issue an order requiring the under the same terms and conditions as execution of a
adverse parties to answer the same within fifteen (15) judgment or final order pending appeal. (2a)
days from the receipt thereof. The order shall be served in Section 3. Stay of discretionary execution. —
such manner as the court may direct, together with Discretionary execution issued under the preceding
copies of the petition and the accompanying affidavits. section may be stayed upon approval by the proper court
(4a) of a sufficient supersedeas bond filed by the party
Section 5. Preliminary injunction pending proceedings. against whom it is directed, conditioned upon the
— The court in which the petition is filed may grant such performance of the judgment or order allowed to be
preliminary injunction as may be necessary for the executed in case it shall be finally sustained in whole or in
preservation of the rights of the parties, upon the filing by part. The bond thus given may be proceeded against on
the petitioner of a bond in favor of the adverse party, motion with notice to the surety. (3a )
conditioned that if the petition is dismissed or the Section 4. Judgments not stayed by appeal. —
petitioner fails on the trial of the case upon its merits, he Judgments in actions for injunction, receivership,
will pay the adverse party all damages and costs that may accounting and support, and such other judgments as
be awarded to him by reason of the issuance of such are now or may hereafter be declared to be immediately
injunction or the other proceedings following the executory, shall be enforceable after their rendition and
petition, but such injunction shall not operate to shall not, be stayed by an appeal taken therefrom, unless
discharge or extinguish any lien which the adverse party otherwise ordered by the trial court. On appeal
may have acquired upon, the property, of the petitioner. therefrom, the appellate court in its discretion may make
(5a) an order suspending, modifying, restoring or granting the
Section 6. Proceedings after answer is filed. — After the injunction, receivership, accounting, or award of support.
filing of the answer or the expiration of the period The stay of execution shall be upon such terms as to bond
therefor, the court shall hear the petition and if after such or otherwise as may be considered proper for the security
hearing, it finds that the allegations thereof are not true, or protection of the rights of the adverse party. (4a)
the petition shall be dismissed; but if it finds said
allegations to be true, it shall set aside the judgment or Section 5. Effect of reversal of executed judgment. —
final order or other proceeding complained of upon such Where the executed judgment is reversed totally or
terms as may be just. Thereafter the case shall stand as if partially, or annulled, on appeal or otherwise, the trial
such judgment, final order or other proceeding had never court may, on motion, issue such orders of restitution or
been rendered, issued or taken. The court shall then reparation of damages as equity and justice may warrant
proceed to hear and determine the case as if a timely under the circumstances. (5a)
motion for a new trial or reconsideration had been Section 6. Execution by motion or by independent
granted by it. (6a) action. — A final and executory judgment or order may
Section 7. Procedure where the denial of an appeal is set be executed on motion within five (5) years from the date
aside. — Where the denial of an appeal is set aside, the of its entry. After the lapse of such time, and before it is
lower court shall be required to give due course to the barred by the statute of limitations, a judgment may be
appeal and to elevate the record of the appealed case as if enforced by action. The revived judgment may also be
a timely and proper appeal had been made. (7a) enforced by motion within five (5) years from the date of
its entry and thereafter by action before it is barred by the
statute of limitations. (6a)
RULE 39 Execution, Satisfaction and Effect of Section 7. Execution in case of death of party. — In case
Judgments of the death of a party, execution may issue or be
Section 1. Execution upon judgments or final orders. — enforced in the following manner:
Execution shall issue as a matter of right, or motion, upon (a) In case of the death of the judgment obligee, upon the
a judgment or order that disposes of the action or application of his executor or administrator, or successor
proceeding upon the expiration of the period to appeal in interest;
therefrom if no appeal has been duly perfected. (1a)
(b) In case of the death of the judgment obligor, against
If the appeal has been duly perfected and finally resolved, his executor or administrator or successor in interest, if
the execution may forthwith be applied for in the court of the judgment be for the recovery of real or personal
origin, on motion of the judgment obligee, submitting property, or the enforcement of a lien thereon;
therewith certified true copies of the judgment or
(c) In case of the death of the judgment obligor, after
judgments or final order or orders sought to be enforced
execution is actually levied upon any of his property, the
and of the entry thereof, with notice to the adverse party.
same may be sold for the satisfaction of the judgment
The appellate court may, on motion in the same case, obligation, and the officer making the sale shall account
when the interest of justice so requires, direct the court of to the corresponding executor or administrator for any
origin to issue the writ of execution. (n) surplus in his hands. (7a)
Section 2. Discretionary execution. — Section 8. Issuance, form and contents of a writ of
(a) Execution of a judgment or final order pending execution. — The writ of execution shall: (1) issue in the
appeal. — On motion of the prevailing party with notice name of the Republic of the Philippines from the court
to the adverse party filed in the trial court while it has which granted the motion; (2) state the name of the
jurisdiction over the case and is in possession of either the court, the case number and title, the dispositive part of
original record or the record on appeal, as the case may the subject judgment or order; and (3) require the sheriff
be, at the time of the filing of such motion, said court or other proper officer to whom it is directed to enforce
may, in its discretion, order execution of a judgment or the writ according to its terms, in the manner hereinafter
provided:


(a) If the execution be against the property of the The sheriff shall sell only a sufficient portion of the
judgment obligor, to satisfy the judgment, with interest, personal or real property of the judgment obligor which
out of the real or personal property of such judgment has been levied upon.
obligor; When there is more property of the judgment obligor
(b) If it be against real or personal property in the hands than is sufficient to satisfy the judgment and lawful fees,
of personal representatives, heirs, devisees, legatees, he must sell only so much of the personal or real property
tenants, or trustees of the judgment obligor, to satisfy the as is sufficient to satisfy the judgment and lawful fees.
judgment, with interest, out of such property; Real property, stocks, shares, debts, credits, and other
(c) If it be for the sale of real or personal property to sell personal property, or any interest in either real or personal
such property describing it, and apply the proceeds in property, may be levied upon in like manner and with like
conformity with the judgment, the material parts of effect as under a writ of attachment.
which shall be recited in the writ of execution; (c) Garnishment of debts and credits. — The officer may
(d) If it be for the delivery of the possession of real or levy on debts due the judgment obligor and other credits,
personal property, to deliver the possession of the same, including bank deposits, financial interests, royalties,
describing it, to the party entitled thereto, and to satisfy commissions and other personal property not capable of
any costs, damages, rents, or profits covered by the manual delivery in the possession or control of third
judgment out of the personal property of the person parties. Levy shall be made by serving notice upon the
against whom it was rendered, and if sufficient personal person owing such debts or having in his possession or
property cannot be found, then out of the real property; control such credits to which the judgment obligor is
and entitled. The garnishment shall cover only such amount
(e) In all cases, the writ of execution shall specifically state as will satisfy the judgment and all lawful fees.
the amount of the interest, costs, damages, rents, or The garnishee shall make a written report to the court
profits due as of the date of the issuance of the writ, aside within five (5) days from service of the notice of
from the principal obligation under the judgment. For garnishment stating whether or not the judgment
this purpose, the motion for execution shall specify the obligor has sufficient funds or credits to satisfy the
amounts of the foregoing reliefs sought by the amount of the judgment. If not, the report shall state how
movant.(8a) much funds or credits the garnishee holds for the
Section 9. Execution of judgments for money, how judgment obligor. The garnished amount in cash, or
enforced. — certified bank check issued in the name of the judgment
obligee, shall be delivered directly to the judgment
(a) Immediate payment on demand. — The officer shall obligee within ten (10) working days from service of
enforce an execution of a judgment for money by notice on said garnishee requiring such delivery, except
demanding from the judgment obligor the immediate the lawful fees which shall be paid directly to the court.
payment of the full amount stated in the writ of
execution and all lawful fees. The judgment obligor shall In the event there are two or more garnishees holding
pay in cash, certified bank check payable to the deposits or credits sufficient to satisfy the judgment, the
judgment obligee, or any other form of payment judgment obligor, if available, shall have the right to
acceptable to the latter, the amount of the judgment indicate the garnishee or garnishees who shall be
debt under proper receipt directly to the judgment required to deliver the amount due, otherwise, the choice
obligee or his authorized representative if present at the shall be made by the judgment obligee.
time of payment. The lawful fees shall be handed under The executing sheriff shall observe the same procedure
proper receipt to the executing sheriff who shall turn over under paragraph (a) with respect to delivery of payment
the said amount within the same day to the clerk of court to the judgment obligee. (8a, 15a)
of the court that issued the writ. Section 10. Execution of judgments for specific act. —
If the judgment obligee or his authorized representative (a) Conveyance, delivery of deeds, or other specific acts;
is not present to receive payment, the judgment obligor vesting title. — If a judgment directs a party to execute a
shall deliver the aforesaid payment to the executing conveyance of land or personal property, or to deliver
sheriff. The latter shall turn over all the amounts coming deeds or other documents, or to perform, any other
into his possession within the same day to the clerk of specific act in connection therewith, and the party fails to
court of the court that issued the writ, or if the same is comply within the time specified, the court may direct
not practicable, deposit said amounts to a fiduciary the act to be done at the cost of the disobedient party by
account in the nearest government depository bank of some other person appointed by the court and the act
the Regional Trial Court of the locality. when so done shall have like effect as if done by the party.
The clerk of said court shall thereafter arrange for the If real or personal property is situated within the
remittance of the deposit to the account of the court that Philippines, the court in lieu of directing a conveyance
issued the writ whose clerk of court shall then deliver said thereof may by an order divest the title of any party and
payment to the judgment obligee in satisfaction of the vest it in others, which shall have the force and effect of a
judgment. The excess, if any, shall be delivered to the conveyance executed in due form of law. (10a)
judgment obligor while the lawful fees shall be retained (b) Sale of real or personal property. — If the judgment be
by the clerk of court for disposition as provided by law. In for the sale of real or personal property, to sell such
no case shall the executing sheriff demand that any property, describing it, and apply the proceeds in
payment by check be made payable to him. conformity with the judgment. (8[c]a)
(b) Satisfaction by levy. — If the judgment obligor cannot (c) Delivery or restitution of real property. — The officer
pay all or part of the obligation in cash, certified bank shall demand of the person against whom the judgment
check or other mode of payment acceptable to the for the delivery or restitution of real property is rendered
judgment obligee, the officer shall levy upon the and all persons claiming rights under him to peaceably
properties of the judgment obligor of every kind and vacate the property within three (3) working days, and
nature whatsoever which may be disposed, of for value restore possession thereof to the judgment obligee,
and not otherwise exempt from execution giving the otherwise, the officer shall oust all such persons
latter the option to immediately choose which property therefrom with the assistance, if necessary, of appropriate
or part thereof may be levied upon, sufficient to satisfy peace officers, and employing such means as may be
the judgment. If the judgment obligor does not exercise reasonably necessary to retake possession, and place the
the option, the officer shall first levy on the personal judgment obligee in possession of such property. Any
properties, if any, and then on the real properties if the costs, damages, rents or profits awarded by the judgment
personal properties are insufficient to answer for the shall be satisfied in the same manner as a judgment for
judgment. money. (13a)


(d) Removal of improvements on property subject of Section 14. Return of writ of execution. — The writ of
execution. — When the property subject of the execution execution shall be returnable to the court issuing it
contains improvements constructed or planted by the immediately after the judgment has been satisfied in
judgment obligor or his agent, the officer shall not part or in full. If the judgment cannot be satisfied in full
destroy, demolish or remove said improvements except within thirty (30) days after his receipt of the writ, the
upon special order of the court, issued upon motion of officer shall report to the court and state the reason
the judgment obligee after the hearing and after the therefor. Such writ shall continue in effect during the
former has failed to remove the same within a reasonable period within which the judgment may be enforced by
time fixed by the court. (14a) motion. The officer shall make a report to the court every
(e) Delivery of personal property. — In judgment for the thirty (30) days on the proceedings taken thereon until
delivery of personal property, the officer shall take the judgment is satisfied in full, or its effectivity expires.
possession of the same and forthwith deliver it to the The returns or periodic reports shall set forth the whole of
party entitled thereto and satisfy any judgment for the proceedings taken, and shall be filed with the court
money as therein provided. (8a) and copies thereof promptly furnished the parties. (11a)
Section 11. Execution of special judgments. — When a Section 15. Notice of sale of property on execution. —
judgment requires the performance of any act other than Before the sale of property on execution, notice thereof
those mentioned in the two preceding sections, a must be given as follows:
certified copy of the judgment shall be attached to the (a) In case of perishable property, by posting written
writ of execution and shall be served by the officer upon notice of the time and place of the sale in three (3) public
the party against whom the same is rendered, or upon places, preferably in conspicuous areas of the municipal
any other person required thereby, or by law, to obey the or city hall, post office and public market in the
same, and such party or person may be punished for municipality or city where the sale is to take place, for
contempt if he disobeys such judgment. (9a) such time as may be reasonable, considering the
Section 12. Effect of levy on execution as to third person. character and condition of the property;
— The levy on execution shall create a lien in favor of the (b) In case of other personal property, by posting a similar
judgment obligee over the right, title and interest of the notice in the three (3) public places above-mentioned for
judgment obligor in such property at the time of the levy, not less than five (5) days;
subject to liens and encumbrances then existing. (16a) (c) In case of real property, by posting for twenty (20) days
Section 13. Property exempt from execution. — Except as in the three (3) public places abovementioned a similar
otherwise expressly provided by law, the following notice particularly describing the property and stating
property, and no other, shall be exempt from execution: where the property is to be sold, and if the assessed value
(a) The judgment obligor's family home as provided by of the property exceeds fifty thousand (P50,000.00)
law, or the homestead in which he resides, and land pesos, by publishing a copy of the notice once a week for
necessarily used in connection therewith; two (2) consecutive weeks in one newspaper selected by
raffle, whether in English, Filipino, or any major regional
(b) Ordinary tools and implements personally used by language published, edited and circulated or, in the
him in his trade, employment, or livelihood; absence thereof, having general circulation in the
(c) Three horses, or three cows, or three carabaos, or other province or city;
beasts of burden, such as the judgment obligor may (d) In all cases, written notice of the sale shall be given to
select necessarily used by him in his ordinary occupation; the judgment obligor, at least three (3) days before the
(d) His necessary clothing and articles for ordinary sale, except as provided in paragraph (a) hereof where
personal use, excluding jewelry; notice shall be given the same manner as personal
service of pleadings and other papers as provided by
(e) Household furniture and utensils necessary for section 6 of Rule 13.
housekeeping, and used for that purpose by the
judgment obligor and his family, such as the judgment The notice shall specify the place, date and exact time of
obligor may select, of a value not exceeding one hundred the sale which should not be earlier than nine o'clock in
thousand pesos; the morning and not later than two o'clock in the
afternoon. The place of the sale may be agreed upon by
(f) Provisions for individual or family use sufficient for four the parties. In the absence of such agreement, the sale of
months; the property or personal property not capable of manual
(g) The professional libraries and equipment of judges, delivery shall be held in the office of the clerk of court of
lawyers, physicians, pharmacists, dentists, engineers, the Regional Trial Court or the Municipal Trial Court which
surveyors, clergymen, teachers, and other professionals, issued the writ of or which was designated by the
not exceeding three hundred thousand pesos in value; appellate court. In the case of personal property capable
of manual delivery, the sale shall be held in the place
(h) One fishing boat and accessories not exceeding the where the property is located. (18a)
total value of one hundred thousand pesos owned by a
fisherman and by the lawful use of which he earns his Section 16. Proceedings where property claimed by third
livelihood; person. — If the property levied on is claimed by any
person other than the judgment obligor or his agent, and
(i) So much of the salaries, wages, or earnings of the such person makes an affidavit of his title thereto or right
judgment obligor for his personal services within the four to the possession thereof, stating the grounds of such
months preceding the levy as are necessary for the right or title, and serves the same upon the officer
support of his family; making the levy and copy thereof, stating the grounds of
(j) Lettered gravestones; such right or tittle, and a serves the same upon the officer
(k) Monies, benefits, privileges, or annuities accruing or in making the levy and a copy thereof upon the judgment
any manner growing out of any life insurance; obligee, the officer shall not be bound to keep the
property, unless such judgment obligee, on demand of
(l) The right to receive legal support, or money or property the officer, files a bond approved by the court to
obtained as such support, or any pension or gratuity from indemnity the third-party claimant in a sum not less than
the Government; the value of the property levied on. In case of
(m) Properties specially exempted by law. disagreement as to such value, the same shall be
determined by the court issuing the writ of execution. No
But no article or species of property mentioned in this claim for damages for the taking or keeping of the
section shall be exempt from execution issued upon a property may be enforced against the bond unless the
judgment recovered for its price or upon a judgment of action therefor is filed within one hundred twenty (120)
foreclosure of a mortgage thereon. (12a) days from the date of the filing of the bond.


The officer shall not be liable for damages for the taking bid if it does not exceed the amount of his judgment. If it
or keeping of the property, to any third-party claimant if does, he shall pay only the excess. (23a)
such bond is filed. Nothing herein contained shall prevent Section 22. Adjournment of sale. — By written consent of
such claimant or any third person from vindicating his the judgment obligor and obligee, or their duly
claim to the property in a separate action, or prevent the authorized representatives, the officer may adjourn the
judgment obligee from claiming damages in the same or sale to any date and time agreed upon by them. Without
a separate action against a third-party claimant who filed such agreement, he may adjourn the sale from day to day
a frivolous or plainly spurious claim. if it becomes necessary to do so for lack of time to
When the writ of execution is issued in favor of the complete the sale on the day fixed in the notice or the
Republic of the Philippines, or any officer duly day to which it was adjourned. (24a)
representing it, the filing of such bond shall not be Section 23. Conveyance to purchaser of personal
required, and in case the sheriff or levying officer is sued property capable of manual delivery. — When the
for damages as a result of the levy, he shall be purchaser of any personal property, capable of manual
represented by the Solicitor General and if held liable delivery, pays the purchase price, the officer making the
therefor, the actual damages adjudged by the court shall sale must deliver the property to the purchaser and, if
be paid by the National Treasurer out of such funds as desired, execute and deliver to him a certificate of sale.
may be appropriated for the purpose. (17a) The sale conveys to the purchaser all the rights which the
Section 17. Penalty for selling without notice, or removing judgment obligor had in such property as of the date of
or defacing notice. — An officer selling without the notice the levy on execution or preliminary attachment. (25a)
prescribed by section 15 of this Rule shall be liable to pay Section 24. Conveyance to purchaser of personal
punitive damages in the amount of five thousand property not capable of manual delivery. — When the
(P5,000.00) pesos to any person injured thereby, in purchaser of any personal property, not capable of
addition to his actual damages, both to be recovered by manual delivery, pays the purchase price, the officer
motion in the same action; and a person willfully making the sale must execute and deliver to the
removing or defacing the notice posted, if done before purchaser a certificate of sale. Such certificate conveys to
the sale, or before the satisfaction of the judgment if it be the purchaser all the rights which the judgment obligor
satisfied before the sale, shall be liable to pay five had in such property as of the date of the levy on
thousand (P5,000.00) pesos to any person injured by execution or preliminary attachment. (26a)
reason thereof, in addition to his actual damages, to be
recovered by motion in the same action. (19a) Section 25. Conveyance of real property; certificate
thereof given to purchaser and filed with registry of
Section 18. No sale if judgment and costs paid. — At any deeds. — Upon a sale of real property, the officer must
time before the sale of property on execution, the give to the purchaser a certificate of sale containing:
judgment obligor may prevent the sale by paying the
amount required by the execution and the costs that (a) A particular description of the real property sold;
have been incurred therein. (20a) (b) The price paid for each distinct lot or parcel;
Section 19. How property sold on execution; who may (c) The whole price paid by him;
direct manner and order of sale. — All sales of property
under execution must be made at public auction, to the (d) A statement that the right of redemption expires one
highest bidder, to start at the exact time fixed in the (1) year from the date of the registration of the certificate
notice. After sufficient property has been sold to satisfy of sale.
the execution, no more shall be sold and any excess Such certificate must be registered in the registry of
property or proceeds of the sale shall be promptly deeds of the place where the property is situated. (27 a)
delivered to the judgment obligor or his authorized
representative, unless otherwise directed by the Section 26. Certificate of sale where property claimed by
judgment or order of the court. When the sale is of real third person. — When a property sold by virtue of a writ of
property, consisting of several known lots, they must be execution has been claimed by a third person, the
sold separately; or, when a portion of such real property is certificate of sale to be issued by the sheriff pursuant to
claimed by a third person, he may require it to be sold sections 23, 24 and 25 of this Rule shall make express
separately. When the sale is of personal property capable mention of the existence of such third-party claim. (28a)
of manual delivery, it must be sold within view of those Section 27. Who may redeem real property so sold. —
attending the same and in such parcels as are likely to Real property sold as provided in the last preceding
bring the highest price. The judgment obligor, if present section, or any part thereof sold separately, may be
at the sale, may direct the order in which property, real or redeemed in the manner hereinafter provided, by the
personal shall be sold, when such property consists of following persons:
several known lots or parcels which can be sold to (a) The judgment obligor; or his successor in interest in
advantage separately. Neither the officer conducting the the whole or any part of the property;
execution sale, nor his deputies, can become a purchaser,
nor be interested directly or indirectly in any purchase at (b) A creditor having a lien by virtue of an attachment,
such sale. (21a) judgment or mortgage on the property sold, or on some
part thereof, subsequent to the lien under which the
Section 20. Refusal of purchaser to pay. — If a purchaser property was sold. Such redeeming creditor is termed a
refuses to pay the amount bid by him for property struck redemptioner. (29a)
off to him at a sale under execution, the officer may again
sell the property to the highest bidder and shall not be Section 28. Time and manner of, and amounts payable
responsible for any loss occasioned thereby; but the court on, successive redemptions; notice to be given and filed.
may order the refusing purchaser to pay into the court — The judgment obligor, or redemptioner, may redeem
the amount of such loss, with costs, and may punish him the property from the purchaser, at any time within one
for contempt if he disobeys the order. The amount of (1) year from the date of the registration of the certificate
such payment shall be for the benefit of the person of sale, by paying the purchaser the amount of his
entitled to the proceeds of the execution, unless the purchase, with the per centum per month interest
execution has been fully satisfied, in which event such thereon in addition, up to the time of redemption,
proceeds shall be for the benefit of the judgment obligor. together with the amount of any assessments or taxes
The officer may thereafter reject any subsequent bid of which the purchaser may have paid thereon after
such purchaser who refuses to pay. (22a) purchase, and interest on such last named amount at the
same rate; and if the purchaser be also a creditor having a
Section 21. Judgment obligee as purchaser. — When the prior lien to that of the redemptioner, other than the
purchaser is the judgment obligee, and no third-party judgment under which such purchase was made, the
claim has been filed, he need not pay the amount of the amount of such other lien, with interest.


Property so redeemed may again be redeemed within the possession of a tenant. All rents, earnings and income
sixty (60) days after the last redemption upon payment of derived from the property pending redemption shall
the sum paid on the last redemption, with two per belong to the judgment obligor until the expiration of his
centum thereon in addition and the amount of any period of redemption. (34a)
assessments or taxes which the last redemptioner may Section 33. Deed and possession to be given at
have paid thereon after redemption by him, with interest expiration of redemption period; by whom executed or
on such last named amount, and in addition, the amount given. — If no redemption be made within one (1) year
of any liens held by said last redemptioner prior to his from the date of the registration of the certificate of sale,
own, with interest. The property may be again, and as the purchaser is entitled to a conveyance and possession
often as a redemptioner is so disposed, redeemed from of the property; or, if so redeemed whenever sixty (60)
any previous redemptioner within sixty (60) days after the days have elapsed and no other redemption has been
last redemption, on paying the sum paid on the last made, and notice thereof given, and the time for
previous redemption, with two per centum thereon in redemption has expired, the last redemptioner is entitled
addition, and the amounts of any assessments or taxes to the conveyance and possession; but in all cases the
which the last previous redemptioner paid after the judgment obligor shall have the entire period of one (1)
redemption thereon, with interest thereon, and the year from the date of the registration of the sale to
amount of any liens held by the last redemptioner prior to redeem the property. The deed shall be executed by the
his own, with interest. officer making the sale or by his successor in office, and
Written notice of any redemption must be given to the in the latter case shall have the same validity as though
officer who made the sale and a duplicate filed with the the officer making the sale had continued in office and
registry of deeds of the place, and if any assessments or executed it.
taxes are paid by the redemptioner or if he has or Upon the expiration of the right of redemption, the
acquires any lien other than that upon which the purchaser or redemptioner shall be substituted to and
redemption was made, notice thereof must in like acquire all the rights, title, interest and claim of the
manner be given to the officer and filed with the registry judgment obligor to the property as of the time of the
of deeds; if such notice be not filed, the property may be levy. The possession of the property shall be given to the
redeemed without paying such assessments, taxes, or purchaser or last redemptioner by the same officer unless
liens. (30a) a third party adversely to the judgment obligor. (35a)
Section 29. Effect of redemption by judgment obligor, Section 34. Recovery of price if sale not effective; revival
and a certificate to be delivered and recorded thereupon; of judgment. — If the purchaser of real property sold on
to whom payments on redemption made. — If the execution, or his successor in interest, fails to recover the
judgment obligor redeems he must make the same possession thereof, or is evicted therefrom, in
payments as are required to effect a redemption by a consequence of irregularities in the proceedings
redemptioner, whereupon, no further redemption shall concerning the sale, or because the judgment has been
be allowed and he is restored to his estate. The person to reversed or set aside, or because the property sold was
whom the redemption payment is made must execute exempt from execution, or because a third person has
and deliver to him a certificate of redemption vindicated his claim to the property, he may on motion in
acknowledged before a notary public or other officer the same action or in a separate action recover from the
authorized to take acknowledgments of conveyances of judgment obligee the price paid, with interest, or so
real property. Such certificate must be filed and recorded much thereof as has not been delivered to the judgment
in the registry of deeds of the place in which the property obligor, or he may, on motion, have the original judgment
is situated and the registrar of deeds must note the revived in his name for the whole price with interest, or so
record thereof on the margin of the record of the much thereof as has been delivered to the judgment
certificate of sale. The payments mentioned in this and obligor. The judgment so revived shall have the same
the last preceding sections may be made to the force and effect as an original judgment would have as of
purchaser or redemptioner, or for him to the officer who the date of the revival and no more. (36a)
made the sale. (31a)
Section 35. Right to contribution or reimbursement. —
Section 30. Proof required of redemptioner. — A When property liable to an execution against several
redemptioner must produce to the officer, or person persons is sold thereon, and more than a due proportion
from whom he seeks to redeem, and serve with his notice of the judgment is satisfied out of the proceeds of the
to the officer a copy of the judgment or final order under sale of the property of one of them, or one of them pays,
which he claims the right to redeem, certified by the without a sale, more than his proportion, he may compel
clerk of the court wherein the judgment or final order is a contribution from the others; and when a judgment is
entered, or, if he redeems upon a mortgage or other lien, upon an obligation of one of them, as security for another,
a memorandum of the record thereof, certified by the and the surety pays the amount, or any part thereof,
registrar of deeds, or an original or certified copy of any either by sale of his property or before sale, he may
assignment necessary to establish his claim; and an compel repayment from the principal. (37a)
affidavit executed by him or his agent, showing the
amount then actually due on the lien. (32a) Section 36. Examination of judgment obligor when
judgment unsatisfied. — When the return of a writ of
Section 31. Manner of using premises pending execution issued against property of a judgment obligor,
redemption; waste restrained. — Until the expiration of or any one of several obligors in the same judgment,
the time allowed for redemption, the court may, as in shows that the judgment remains unsatisfied, in whole or
other proper cases, restrain the commission of waste on in part, the judgment obligee, at any time after such
the property by injunction, on the application of the return is made, shall be entitled to an order from the
purchaser or the judgment obligee, with or without court which rendered the said judgment, requiring such
notice; but it is not waste for a person in possession of the judgment obligor to appear and be examined concerning
property at the time of the sale, or entitled to possession his property and income before such court or before a
afterwards, during the period allowed for redemption, to commissioner appointed by it at a specified time and
continue to use it in the same manner in which it was place; and proceedings may thereupon be had for the
previously used, or to use it in the ordinary course of application of the property and income of the judgment
husbandry; or to make the necessary repairs to buildings obligor towards the satisfaction of the judgment. But no
thereon while he occupies the property. (33a) judgment obligor shall be so required to appear before a
Section 32. Rents, earnings and income of property court or commissioner outside the province or city in
pending redemption. — The purchaser or a redemptioner which such obligor resides or is found. (38a)
shall not be entitled to receive the rents, earnings and Section 37. Examination of obligor of judgment obligor.
income of the property sold on execution, or the value of — When the return of a writ of execution against the
the use and occupation thereof when such property is in property of a judgment obligor shows that the judgment



remain unsatisfied, in whole or in part, and upon proof to interest in the property adverse to him or denied the
the satisfaction of the court which issued the writ, that a debt, the court may authorize, by an order made to that
person, corporation, or other juridical entity has property effect, the judgment obligee to institute an action against
of such judgment obligor or is indebted to him, the court such person or corporation for the recovery of such
may, by an order, require such person, corporation, or interest or debt, forbid a transfer or other disposition of
other juridical entity, or any officer, or member thereof, to such interest or debt within one hundred twenty (120)
appear before the court or a commissioner appointed by days from notice of the order, and may punish
it, at a time and place within the province or city where disobedience of such order as for contempt. Such order
such debtor resides or is found, and be examined may be modified or vacated at any time by the court
concerning the same. The service of the order shall bind which issued it, or by the court in which the action is
all credits due the judgment obligor and all money and brought, upon such terms as may be just. (45a)
property of the judgment obligor in the possession or in Section 44. Entry of satisfaction of judgment by clerk of
the control of such person corporation, or juridical entity court. — Satisfaction of a judgment shall be entered by
from the time of service; and the court may also require the clerk of court in the court docket, and in the
notice of such proceedings to be given to any party to the execution book, upon the return of a writ of execution
action in such manner as it may deem proper. (39a) showing the full satisfaction of the judgment, or upon the
Section 38. Enforcement of attendance and conduct of filing of an admission to the satisfaction of the judgment
examination. — A party or other person may be executed and acknowledged in the same manner as a
compelled, by an order or subpoena, to attend before the conveyance of real property by the judgment obligee or
court or commissioner to testify as provided in the two by his counsel unless a revocation of his authority is filed,
preceding sections, and upon failure to obey such order or upon the endorsement of such admission by the
or subpoena or to be sworn, or to answer as a witness or judgment obligee or his counsel, on the face of the record
to subscribe his deposition, may be punished for of the judgment. (46a)
contempt as in other cases. Examinations shall not be Section 45. Entry of satisfaction with or without
unduly prolonged, but the proceedings may be admission. — Whenever a judgment is satisfied in fact, or
adjourned from time to time, until they are completed. If otherwise than upon an execution on demand of the
the examination is before a commissioner, he must take it judgment obligor, the judgment obligee or his counsel
in writing and certify it to the court. All examinations and must execute and acknowledge, or indorse an admission
answers before a court commissioner must be under of the satisfaction as provided in the last preceding
oath, and when a corporation or other juridical entity section, and after notice and upon motion the court may
answers, it must be on the oath of an authorized officer or order either the judgment obligee or his counsel to do so,
agent thereof. (40a) or may order the entry of satisfaction to be made without
Section 39. Obligor may pay execution against obligee. such admission. (47a)
— After a writ of execution against property has been Section 46. When principal bound by judgment against
issued, a person indebted to the judgment obligor may surety. — When a judgment is rendered against a party
pay to the sheriff holding the writ of execution the who stands as surety for another, the latter is also bound
amount of his debt or so much thereof as may be from the time that he has notice of the action or
necessary to satisfy the judgment, in the manner proceeding, and an opportunity at the surety's request to
prescribed in section 9 of this Rule, and the sheriff's join in the defense. (48a)
receipt shall be a sufficient discharge for the amount so
paid or directed to be credited by the judgment obligee Section 47. Effect of judgments or final orders. — The
on the execution. (41a) effect of a judgment or final order rendered by a court of
the Philippines, having jurisdiction to pronounce the
Section 40. Order for application of property and income judgment or final order, may be as follows:
to satisfaction of judgment. — The court may order any
property of the judgment obligor, or money due him, not (a) In case of a judgment or final order against a specific
exempt from execution, in the hands of either himself or thing, or in respect to the probate of a will, or the
another person, or of a corporation or other juridical administration of the estate of a deceased person, or in
entity, to be applied to the satisfaction of the judgment, respect to the personal, political, or legal condition or
subject to any prior rights over such property. status of a particular person or his relationship to another,
the judgment or final order is conclusive upon the title to
If, upon investigation of his current income and expenses, the thing, the will or administration or the condition,
it appears that the earnings of the judgment obligor for status or relationship of the person, however, the probate
his personal services are more than necessary for the of a will or granting of letters of administration shall only
support of his family, the court may order that he pay the be prima facie evidence of the death of the testator or
judgment in fixed monthly installments, and upon his intestate;
failure to pay any such installment when due without
good excuse, may punish him for indirect contempt. (42a) (b) In other cases, the judgment or final order is, with
respect to the matter directly adjudged or as to any other
Section 41. Appointment of receiver. — The court may matter that could have been missed in relation thereto,
appoint a receiver of the property of the judgment conclusive between the parties and their successors in
obligor; and it may also forbid a transfer or other interest, by title subsequent to the commencement of
disposition of, or any interference with, the property of the action or special proceeding, litigating for the same
the judgment obligor not exempt from execution. (43a) thing and under the same title and in the same capacity;
Section 42. Sale of ascertainable interest of judgment and
obligor in real estate. — If it appears that the judgment (c) In any other litigation between the same parties or
obligor has an interest in real estate in the place in which their successors in interest, that only is deemed to have
proceedings are had, as mortgagor or mortgagee or been adjudged in a former judgment or final order which
otherwise, and his interest therein can be ascertained appears upon its face to have been so adjudged, or which
without controversy the receiver may be ordered to sell was actually and necessarily included therein or
and convey such real estate or the interest of the obligor necessary thereto. (49a)
therein; and such sale shall be conducted in all respects
in the same manner as is provided for the sale of real Section 48. Effect of foreign judgments or final orders. —
estate upon execution, and the proceedings thereon shall The effect of a judgment or final order of a tribunal of a
be approved by the court before the execution of the foreign country, having jurisdiction to render the
deed. (34a) judgment or final order is as follows:
Section 43. Proceedings when indebtedness denied or (a) In case of a judgment or final order upon a specific
another person claims the property. — If it appears that a thing, the judgment or final order, is conclusive upon the
person or corporation, alleged to have property of the title to the thing, and
judgment obligor or to be indebted to him, claims an



(b) In case of a judgment or final order against a person, party. Within fifteen (15) days from receipt of the
the judgment or final order is presumptive evidence of a appellant's memorandum, the appellee may file his
right as between the parties and their successors in memorandum. Failure of the appellant to file a
interest by a subsequent title. memorandum shall be a ground for dismissal of the
In either case, the judgment or final order may be appeal.
repelled by evidence of a want of jurisdiction, want of (c) Upon the filing of the memorandum of the appellee,
notice to the party, collusion, fraud, or clear mistake of or the expiration of the period to do so, the case shall be
law or fact. (50a) considered submitted for decision. The Regional Trial
Court shall decide the case on the basis of the entire
record of the proceedings had in the court of original and
Appeals such memoranda as are filed. (n)
Section 8. Appeal from orders dismissing case without
RULE 40 Appeal From Municipal Trial Courts to the trial; lack of jurisdiction. — If an appeal is taken from an
order of the lower court dismissing the case without a
Regional Trial Courts trial on the merits, the Regional Trial Court may affirm or
Section 1. Where to appeal. — An appeal from a reverse it, as the case may be. In case of affirmance and
judgment or final order of a Municipal Trial Court may be the ground of dismissal is lack of jurisdiction over the
taken to the Regional Trial Court exercising jurisdiction subject matter, the Regional Trial Court, if it has
over the area to which the former pertains. The title of the jurisdiction thereover, shall try the case on the merits as if
case shall remain as it was in the court of origin, but the the case was originally filed with it. In case of reversal, the
party appealing the case shall be further referred to as case shall be remanded for further proceedings.
the appellant and the adverse party as the appellee. (a) If the case was tried on the merits by the lower court
Section 2. When to appeal. — An appeal may be taken without jurisdiction over the subject matter, the Regional
within fifteen (15) days after notice to the appellant of the Trial Court on appeal shall not dismiss the case if it has
judgment or final order appealed from. Where a record original jurisdiction thereof, but shall decide the case in
on appeal is required, the appellant shall file a notice of accordance with the preceding section, without prejudice
appeal and a record on appeal within thirty (30) days after to the admission of amended pleadings and additional
notice of the judgment or final order. evidence in the interest of justice. (n)
The period of appeal shall be interrupted by a timely Section 9. Applicability of Rule 41. — The other provisions
motion for new trial or reconsideration. No motion for of Rule 41 shall apply to appeals provided for herein
extension of time to file a motion for new trial or insofar as they are not inconsistent with or may serve to
reconsideration shall be allowed. (n) supplement the provisions of this Rule. (n)
Section 3. How to appeal. — The appeal is taken by filing
a notice of appeal with the court that rendered the RULE 41 Appeal From The Regional Trial Courts
judgment or final order appealed from. The notice of
appeal shall indicate the parties to the appeal, the Section 1. Subject of appeal. — An appeal may be taken
judgment or final order or part thereof appealed from, from a judgment or final order that completely disposes
and state the material dates showing the timeliness of of the case, or of a particular matter therein when
the appeal. declared by these Rules to be appealable.
A record on appeal shall be required only in special No appeal may be taken from:
proceedings and in other cases of multiple or separate (a) An order denying a petition for relief or any similar
appeals. motion seeking relief from judgment;
The form and contents of the record on appeal shall be as (b) An interlocutory order;
provided in section 6, Rule 41.
(c) An order disallowing or dismissing an appeal;
Copies of the notice of appeal, and the record on appeal
(d) An order denying a motion to set aside a judgment by
where required, shall be served on the adverse party. (n)
consent, confession or compromise on the ground of
Section 4. Perfection of appeal; effect thereof. — The fraud, mistake or duress, or any other ground vitiating
perfection of the appeal and the effect thereof shall be consent;
governed by the provisions of section 9, Rule 41. (n)
(e) An order of execution;
Section 5. Appellate court docket and other lawful fees.
(f) A judgment or final order for or against one or more of
— Within the period for taking an appeal, the appellant
several parties or in separate claims, counterclaims,
shall pay to the clerk of the court which rendered the
cross-claims and third-party complaints, while the main
judgment or final order appealed from the full amount of
case is pending, unless the court allows an appeal
the appellate court docket and other lawful fees. Proof of
therefrom; and
payment thereof shall be transmitted to the appellate
court together with the original record or the record on (g) An order dismissing an action without prejudice.
appeal, as the case may be. (n) In any of the foregoing circumstances, the aggrieved
Section 6. Duty of the clerk of court. — Within fifteen (15) party may file an appropriate special civil action as
days from the perfection of the appeal, the clerk of court provided in Rule 65.
or the branch clerk of court of the lower court shall (A.M. No. 07-7-12-SC, [December 4, 2007])
transmit the original record or the record on appeal,
together with the transcripts and exhibits, which he shall Section 2. Modes of appeal. —
certify as complete, to the proper Regional Trial Court. A (a) Ordinary appeal. — The appeal to the Court of Appeals
copy of his letter of transmittal of the records to the in cases decided by the Regional Trial Court in the
appellate court shall be furnished the parties. (n) exercise of its original jurisdiction shall be taken by filing a
Section 7. Procedure in the Regional Trial Court. — notice of appeal with the court which rendered the
judgment or final order appealed from and serving a
(a) Upon receipt of the complete record or the record on copy thereof upon the adverse party. No record on appeal
appeal, the clerk of court of the Regional Trial Court shall shall be required except in special proceedings and other
notify the parties of such fact. cases of multiple or separate appeals where law on these
(b) Within fifteen (15) days from such notice, it shall be the Rules so require. In such cases, the record on appeal shall
duty of the appellant to submit a memorandum which be filed and served in like manner.
shall briefly discuss the errors imputed to the lower court, (b) Petition for review. — The appeal to the Court of
a copy of which shall be furnished by him to the adverse Appeals in cases decided by the Regional Trial Court in


the exercise of its appellate jurisdiction shall be by within the time fixed by section 3 of this Rule, or that
petition for review in accordance with Rule 42. fixed by the court. (8a)
(c) Appeal by certiorari. — In all cases where only Section 9. Perfection of appeal; effect thereof. — A party's
questions of law are raised or involved, the appeal shall be appeal by notice of appeal is deemed perfected as to him
to the Supreme Court by petition for review on certiorari upon the filing of the notice of appeal in due time.
in accordance with the Rule 45. (n) A party's appeal by record on appeal is deemed perfected
Section 3. Period of ordinary appeal. — The appeal shall as to him with respect to the subject matter thereof upon
be taken within fifteen (15) days from notice of the the approval of the record on appeal filed in due time.
judgment or final order appealed from. Where a record In appeals by notice of appeal, the court loses jurisdiction
on appeal is required, the appellants shall file a notice of over the case upon the perfection of the appeals filed in
appeal and a record on appeal within thirty (30) days due time and the expiration of the time to appeal of the
from notice of the judgment or final order. However, an other parties.
appeal in habeas corpus cases shall be taken within
forty-eight (48) hours from notice of the judgment or In appeals by record on appeal, the court loses
final order appealed from. jurisdiction only over the subject matter thereof upon the
approval of the records on appeal filed in due time and
The period of appeal shall be interrupted by a timely the expiration of the appeal of the other parties.
motion for new trial or reconsideration. No motion for
extension of time to file a motion for new trial or In either case, prior to the transmittal of the original
reconsideration shall be allowed. (n) (A.M. No. 01-1-03-SC, record or the record on appeal, the court may issue orders
[June 19, 2001]) for the protection and preservation of the rights of the
parties which do not involve any matter litigated by the
Section 4. Appellate court docket and other lawful fees. appeal, approve compromises, permit appeals of indigent
— Within the period for taking an appeal, the appellant litigants, order execution pending appeal in accordance
shall pay to the clerk of the court which rendered the with 2 of Rule 39, and allow withdrawal of the appeal. (9a)
judgment or final order appealed from, the full amount of
the appellate court docket and other lawful fees. Proof of Section 10. Duty of clerk of court of the lower court upon
payment of said fees shall be transmitted to the appellate perfection of appeal. — Within thirty (30) days after
court together with the original record or the record on perfection of all the appeals in accordance with the
appeal. (n) preceding section, it shall be the duty of the clerk of court
of the lower court:
Section 5. Notice of appeal. — The notice of appeal shall
indicate the parties to the appeal, specify the judgment (a) To verify the correctness of the original record or the
or final order or part thereof appealed from, specify the record on appeal, as the case may be aid to make
court to which the appeal is being taken, and state the certification of its correctness;
material dates showing the timeliness of the appeal. (4a) (b) To verify the completeness of the records that will be,
Section 6. Record on appeal; form and contents thereof. transmitted to the appellate court;
— The full names of all the parties to the proceedings (c) If found to be incomplete, to take such measures as
shall be stated in the caption of the record on appeal and may be required to complete the records, availing of the
it shall include the judgment or final order from which authority that he or the court may exercise for this
the appeal is taken and, in chronological order, copies of purpose; and
only such pleadings, petitions, motions and all
interlocutory orders as are related to the appealed (d) To transmit the records to the appellate court.
judgment or final order for the proper understanding of If the efforts to complete the records fail, he shall indicate
the issue involved, together with such data as will show in his letter of transmittal the exhibits or transcripts not
that the appeal was perfected on time. If an issue of fact included in the records being transmitted to the
is to be raised on appeal, the record on appeal shall appellate court, the reasons for their non-transmittal, and
include by reference all the evidence, testimonial and the steps taken or that could be taken to have them
documentary, taken upon the issue involved. The available.
reference shall specify the documentary evidence by the
exhibit numbers or letters by which it was identified The clerk of court shall furnish the parties with copies of
when admitted or offered at the hearing, and the his letter of transmittal of the records to the appellate
testimonial evidence by the names of the corresponding court. (10a)
witnesses. If the whole testimonial and documentary Section 11. Transcript. — Upon the perfection of the
evidence in the case is to be included, a statement to that appeal, the clerk shall immediately direct the
effect will be sufficient without mentioning the names of stenographers concerned to attach to the record of the
the witnesses or the numbers or letters of exhibits. Every case five (5) copies of the transcripts of the testimonial
record on appeal exceeding twenty (20) pages must evidence referred to in the record on appeal. The
contain a subject index. (6a) stenographers concerned shall transcribe such
Section 7. Approval of record on appeal. — Upon the testimonial evidence and shall prepare and affix to their
filing of the record on appeal for approval and if no transcripts an index containing the names of the
objection is filed by the appellee within five (5) days from witnesses and the pages wherein their testimonies are
receipt of a copy thereof, the trial court may approve it as found, and a list of the exhibits and the pages wherein
presented or upon its own motion or at the instance of each of them appears to have been offered and admitted
the appellee, may direct its amendment by the inclusion or rejected by the trial court. The transcripts shall be
of any omitted matters which are deemed essential to transmitted to the clerk of the trial court who shall
the determination of the issue of law or fact involved in thereupon arrange the same in the order in which the
the appeal. If the trial court orders the amendment of the witnesses testified at the trial, and shall cause the pages
record, the appellant, within the time limited in the order, to be numbered consecutively. (12a)
or such extension thereof as may be granted, or if no time Section 12. Transmittal. — The clerk of the trial court shall
is fixed by the order within ten (10) days from receipt transmit to the appellate court the original record or the
thereof, shall redraft the record by including therein, in approved record on appeal within thirty (30) days from
their proper chronological sequence, such additional the perfection of the appeal, together with the proof of
matters as the court may have directed him to payment of the appellate court docket and other lawful
incorporate, and shall thereupon submit the redrafted fees, a certified true copy of the minutes of the
record for approval, upon notice to the appellee, in like proceedings, the order of approval, the certificate of
manner as the original draft. (7a) correctness, the original documentary evidence referred
Section 8. Joint record on appeal. — Where both parties to therein, and the original and three (3) copies of the
are appellants, they may file a joint record on appeal transcripts. Copies of the transcripts and certified true


copies of the documentary evidence shall remain in the Section 5. Contents of comment. — The comment of the
lower court for the examination of the parties. (11a) respondent shall be filed in seven (7) legible copies,
Section 13. Dismissal of appeal. — Prior to the transmittal accompanied by certified true copies of such material
of the original record or the record on appeal to the portions of the record referred to therein together with
appellate court, the trial court may motu propio or on other supporting papers and shall (a) state whether or
motion dismiss the appeal for having been taken out of not he accepts the statement of matters involved in the
time. (14a) petition; (b) point out such insufficiencies or inaccuracies
as he believes exist in petitioner's statement of matters
involved but without repetition; and (c) state the reasons
RULE 42 Petition for Review From the Regional Trial why the petition should not be given due course. A copy
Courts to the Court of Appeals thereof shall be served on the petitioner. (a)
Section 6. Due course. — If upon the filing of the
Section 1. How appeal taken; time for filing. — A party
comment or such other pleadings as the court may allow
desiring to appeal from a decision of the Regional Trial
or require, or after the expiration of the period for the
Court rendered in the exercise of its appellate jurisdiction
filing thereof without such comment or pleading having
may file a verified petition for review with the Court of
been submitted, the Court of Appeals finds prima facie
Appeals, paying at the same time to the clerk of said
that the lower court has committed an error of fact or law
court the corresponding docket and other lawful fees,
that will warrant a reversal or modification of the
depositing the amount of P500.00 for costs, and
appealed decision, it may accordingly give due course to
furnishing the Regional Trial Court and the adverse party
the petition. (n)
with a copy of the petition. The petition shall be filed and
served within fifteen (15) days from notice of the decision Section 7. Elevation of record. — Whenever the Court of
sought to be reviewed or of the denial of petitioner's Appeals deems it necessary, it may order the clerk of
motion for new trial or reconsideration filed in due time court of the Regional Trial Court to elevate the original
after judgment. Upon proper motion and the payment of record of the case including the oral and documentary
the full amount of the docket and other lawful fees and evidence within fifteen (15) days from notice. (n)
the deposit for costs before the expiration of the Section 8. Perfection of appeal; effect thereof. — (a) Upon
reglementary period, the Court of Appeals may grant an the timely filing of a petition for review and the payment
additional period of fifteen (15) days only within which to of the corresponding docket and other lawful fees, the
file the petition for review. No further extension shall be appeal is deemed perfected as to the petitioner.
granted except for the most compelling reason and in no
case to exceed fifteen (15) days. (n) The Regional Trial Court loses jurisdiction over the case
upon the perfection of the appeals filed in due time and
Section 2. Form and contents. — The petition shall be the expiration of the time to appeal of the other parties.
filed in seven (7) legible copies, with the original copy
intended for the court being indicated as such by the However, before the Court of Appeals gives due course to
petitioner, and shall (a) state the full names of the parties the petition, the Regional Trial Court may issue orders for
to the case, without impleading the lower courts or the protection and preservation of the rights of the
judges thereof either as petitioners or respondents; (b) parties which do not involve any matter litigated by the
indicate the specific material dates showing that it was appeal, approve compromises, permit appeals of indigent
filed on time; (c) set forth concisely a statement of the litigants, order execution pending appeal in accordance
matters involved, the issues raised, the specification of with section 2 of Rule 39, and allow withdrawal of the
errors of fact or law, or both, allegedly committed by the appeal. (9a, R41)
Regional Trial Court, and the reasons or arguments relied (b) Except in civil cases decided under the Rule on
upon for the allowance of the appeal; (d) be accompanied Summary Procedure, the appeal shall stay the judgment
by clearly legible duplicate originals or true copies of the or final order unless the Court of Appeals, the law, or
judgments or final orders of both lower courts, certified these Rules shall provide otherwise. (a)
correct by the clerk of court of the Regional Trial Court,
the requisite number of plain copies thereof and of the Section 9. Submission for decision. — If the petition is
pleadings and other material portions of the record as given due course, the Court of Appeals may set the case
would support the allegations of the petition. for oral argument or require the parties to submit
memoranda within a period of fifteen (15) days from
The petitioner shall also submit together with the petition notice. The case shall be deemed submitted for decision
a certification under oath that he has not theretofore upon the filing of the last pleading or memorandum
commenced any other action involving the same issues required by these Rules or by the court itself. (n)
in the Supreme Court, the Court of Appeals or different
divisions thereof, or any other tribunal or agency; if there
is such other action or proceeding, he must state the RULE 43 Appeals From the Court of Tax Appeals and
status of the same; and if he should thereafter learn that a Quasi-Judicial Agencies to the Court of Appeals
similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or Section 1. Scope. — This Rule shall apply to appeals from
different divisions thereof, or any other tribunal or agency, judgments or final orders of the Court of Tax Appeals and
he undertakes to promptly inform the aforesaid courts from awards, judgments, final orders or resolutions of or
and other tribunal or agency thereof within five (5) days authorized by any quasi-judicial agency in the exercise of
therefrom. (n) its quasi-judicial functions. Among these agencies are the
Civil Service Commission, Central Board of Assessment
Section 3. Effect of failure to comply with requirements. Appeals, Securities and Exchange Commission, Office of
— The failure of the petitioner to comply with any of the the President, Land Registration Authority, Social Security
foregoing requirements regarding the payment of the Commission, Civil Aeronautics Board, Bureau of Patents,
docket and other lawful fees, the deposit for costs, proof Trademarks and Technology Transfer, National
of service of the petition, and the contents of and the Electrification Administration, Energy Regulatory Board,
documents which should accompany the petition shall National Telecommunications Commission, Department
be sufficient ground for the dismissal thereof. (n) of Agrarian Reform under Republic Act No. 6657,
Section 4. Action on the petition. — The Court of Appeals Government Service Insurance System, Employees
may require the respondent to file a comment on the Compensation Commission, Agricultural Invention Board,
petition, not a motion to dismiss, within ten (10) days Insurance Commission, Philippine Atomic Energy
from notice, or dismiss the petition if it finds the same to Commission, Board of Investments, Construction Industry
be patently without merit, prosecuted manifestly for Arbitration Commission, and voluntary arbitrators
delay, or that the questions raised therein are too authorized by law. (n)
insubstantial to require consideration. (n)


Section 2. Cases not covered. — This Rule shall not apply and (b) state the reasons why the petition should be
to judgments or final orders issued under the Labor Code denied or dismissed. A copy thereof shall be served on
of the Philippines. (n) the petitioner, and proof of such service shall be filed with
Section 3. Where to appeal. — An appeal under this Rule the Court of Appeals. (9a)
may be taken to the Court of Appeals within the period Section 10. Due course. — If upon the filing of the
and in the manner herein provided, whether the appeal comment or such other pleadings or documents as may
involves questions of fact, of law, or mixed questions of be required or allowed by the Court of Appeals or upon
fact and law. (n) the expiration of the period for the filing thereof, and on
Section 4. Period of appeal. — The appeal shall be taken the records the Court of Appeals finds prima facie that
within fifteen (15) days from notice of the award, the court or agency concerned has committed errors of
judgment, final order or resolution, or from the date of its fact or law that would warrant reversal or modification of
last publication, if publication is required by law for its the award, judgment, final order or resolution sought to
effectivity, or of the denial of petitioner's motion for new be reviewed, it may give due course to the petition;
trial or reconsideration duly filed in accordance with the otherwise, it shall dismiss the same. The findings of fact
governing law of the court or agency a quo. Only one (1) of the court or agency concerned, when supported by
motion for reconsideration shall be allowed. Upon proper substantial evidence, shall be binding on the Court of
motion and the payment of the full amount of the docket Appeals. (n)
fee before the expiration of the reglementary period, the Section 11. Transmittal of record. — Within fifteen (15)
Court of Appeals may grant an additional period of fifteen days from notice that the petition has been given due
(15) days only within which to file the petition for review. course, the Court of Appeals may require the court or
No further extension shall be granted except for the most agency concerned to transmit the original or a legible
compelling reason and in no case to exceed fifteen (15) certified true copy of the entire record of the proceeding
days. (n) under review. The record to be transmitted may be
Section 5. How appeal taken. — Appeal shall be taken by abridged by agreement of all parties to the proceeding.
filing a verified petition for review in seven (7) legible The Court of Appeals may require or permit subsequent
copies with the Court of Appeals, with proof of service of a correction of or addition to the record. (8a)
copy thereof on the adverse party and on the court or Section 12. Effect of appeal. — The appeal shall not stay
agency a quo. The original copy of the petition intended the award, judgment, final order or resolution sought to
for the Court of Appeals shall be indicated as such by the be reviewed unless the Court of Appeals shall direct
petitioner. otherwise upon such terms as it may deem just. (10a)
Upon the filing of the petition, the petitioner shall pay to Section 13. Submission for decision. — If the petition is
the clerk of court of the Court of Appeals the docketing given due course, the Court of Appeals may set the case
and other lawful fees and deposit the sum of P500.00 for for oral argument or require the parties to submit
costs. Exemption from payment of docketing and other memoranda within a period of fifteen (15) days from
lawful fees and the deposit for costs may be granted by notice. The case shall be deemed submitted for decision
the Court of Appeals upon a verified motion setting forth upon the filing of the last pleading or memorandum
valid grounds therefor. If the Court of Appeals denies the required by these Rules or by the court of Appeals. (n)
motion, the petitioner shall pay the docketing and other
lawful fees and deposit for costs within fifteen (15) days
from notice of the denial. (n) Procedure in the Court of Appeals
Section 6. Contents of the petition. — The petition for
review shall (a) state the full names of the parties to the RULE 44 Ordinary Appealed Cases
case, without impleading the court or agencies either as
petitioners or respondents; (b) contain a concise Section 1. Title of cases. — In all cases appealed to the
statement of the facts and issues involved and the Court of Appeals under Rule 41, the title of the case shall
grounds relied upon for the review; (c) be accompanied remain as it was in the court of origin, but the party
by a clearly legible duplicate original or a certified true appealing the case shall be further referred to as the
copy of the award, judgment, final order or resolution appellant and the adverse party as the appellee. (1a, R46)
appealed from, together with certified true copies of such Section 2. Counsel and guardians. — The counsel and
material portions of the record referred to therein and guardians ad litem of the parties in the court of origin
other supporting papers; and (d) contain a sworn shall be respectively considered as their counsel and
certification against forum shopping as provided in the guardians ad litem in the Court of Appeals. When others
last paragraph of section 2, Rule 42. The petition shall appear or are appointed, notice thereof shall be served
state the specific material dates showing that it was filed immediately on the adverse party and filed with the
within the period fixed herein. (2a) court. (2a, R46)
Section 7. Effect of failure to comply with requirements. Section 3. Order of transmittal of record. — If the original
— The failure of the petitioner to comply with any of the record or the record on appeal is not transmitted to the
foregoing requirements regarding the payment of the Court of Appeals within thirty (30) days after the
docket and other lawful fees, the deposit for costs, proof perfection of the appeal, either party may file a motion
of service of the petition, and the contents of and the with the trial court, with notice to the other, for the
documents which should accompany the petition shall transmittal of such record or record on appeal. (3a, R46)
be sufficient ground for the dismissal thereof. (n)
Section 4. Docketing of case. — Upon receiving the
Section 8. Action on the petition. — The Court of Appeals original record or the record on appeal and the
may require the respondent to file a comment on the accompanying documents and exhibits transmitted by
petition not a motion to dismiss, within ten (10) days from the lower court, as well as the proof of payment of the
notice, or dismiss the petition if it finds the same to be docket and other lawful fees, the clerk of court of the
patently without merit, prosecuted manifestly for delay, Court of Appeals shall docket the case and notify the
or that the questions raised therein are too unsubstantial parties thereof. (4a, R46)
to require consideration. (6a)
Within ten (10) days from receipt of said notice, the
Section 9. Contents of comment. — The comment shall appellant, in appeals by record on appeal, shall file with
be filed within ten (10) days from notice in seven (7) the clerk of court seven (7) clearly legible copies of the
legible copies and accompanied by clearly legible approved record on appeal, together with the proof of
certified true copies of such material portions of the service of two (2) copies thereof upon the appellee.
record referred to therein together with other supporting
papers. The comment shall (a) point out insufficiencies or
inaccuracies in petitioner's statement of facts and issues;


Any unauthorized alteration, omission or addition in the (d) Under the heading "Statement of Facts," a clear and
approved record on appeal shall be a ground for dismissal concise statement in a narrative form of the facts
of the appeal. (n) admitted by both parties and of those in controversy,
Section 5. Completion of record. — Where the record of together with the substance of the proof relating thereto
the docketed case is incomplete, the clerk of court of the in sufficient detail to make it clearly intelligible, with page
Court of Appeals shall so inform said court and references to the record;
recommend to it measures necessary to complete the (e) A clear and concise statement of the issues of fact or
record. It shall be the duty of said court to take law to be submitted, to the court for its judgment;
appropriate action towards the completion of the record (f) Under the heading "Argument," the appellant's
within the shortest possible time. (n) arguments on each assignment of error with page
Section 6. Dispensing with complete record. — Where references to the record. The authorities relied upon shall
the completion of the record could not be accomplished be cited by the page of the report at which the case
within a sufficient period allotted for said purpose due to begins and the page of the report on which the citation is
insuperable or extremely difficult causes, the court, on its found;
own motion or on motion of any of the parties, may (g) Under the heading "Relief," a specification of the order
declare that the record and its accompanying transcripts or judgment which the appellant seeks; and
and exhibits so far available are sufficient to decide the
issues raised in the appeal, and shall issue an order (h) In cases not brought up by record on appeal, the
explaining the reasons for such declaration. (n) appellant's brief shall contain, as an appendix, a copy of
the judgment or final order appealed from. (16a, R46)
Section 7. Appellant's brief. — It shall be the duty of the
appellant to file with the court, within forty-five (45) days Section 14. Contents of appellee's brief. — The appellee's
from receipt of the notice of the clerk that all the brief shall contain, in the order herein indicated the
evidence, oral and documentary, are attached to the following:
record, seven (7) copies of his legibly typewritten, (a) A subject index of the matter in the brief with a digest
mimeographed or printed brief, with proof of service of of the arguments and page references, and a table of
two (2) copies thereof upon the appellee. (10a, R46) cases alphabetically arranged, textbooks and statutes
Section 8. Appellee's brief. — Within forty-five (45) days cited with references to the pages where they are cited;
from receipt of the appellant's brief, the appellee shall file (b) Under the heading "Statement of Facts," the appellee
with the court seven (7) copies of his legibly typewritten, shall state that he accepts the statement of facts in the
mimeographed or printed brief, with proof of service of appellant's brief, or under the heading
two (2) copies thereof upon the appellant. (11a, R46) "Counter-Statement of Facts," he shall point out such
Section 9. Appellant's reply brief. — Within twenty (20) insufficiencies or inaccuracies as he believes exist in the
days from receipt of the appellee's brief, the appellant appellant's statement of facts with references to the
may file a reply brief answering points in the appellee's pages of the record in support thereof, but without
brief not covered in his main brief. (12a, R46) repetition of matters in the appellant's statement of facts;
and
Section 10. Time of filing memoranda in special cases. —
In certiorari, prohibition, mandamus, quo warranto and (c) Under the heading "Argument," the appellee shall set
habeas corpus cases, the parties shall file in lieu of briefs, forth his arguments in the case on each assignment of
their respective memoranda within a non-extendible error with page references to the record. The authorities
period of thirty (30) days from receipt of the notice issued relied on shall be cited by the page of the report at which
by the clerk that all the evidence, oral and documentary, the case begins and the page of the report on which the
is already attached to the record. (13a, R46) citation is found. (17a, R46)
The failure of the appellant to file his memorandum Section 15. Questions that may be raised on appeal. —
within the period therefor may be a ground for dismissal Whether or not the appellant has filed a motion for new
of the appeal. (n) trial in the court below he may include in his assignment
of errors any question of law or fact that has been raised
Section 11. Several appellants or appellees or several in the court below and which is within the issues framed
counsel for each party. — Where there are several by the parties. (18, R46)
appellants or appellees, each counsel representing one or
more but not all of them shall be served with only one
copy of the briefs. When several counsel represent one RULE 45 Appeal by Certiorari to the Supreme Court
appellant or appellee, copies of the brief may be served
upon any of them. (14a, R46) Section 1. Filing of petition with Supreme Court. — A
party desiring to appeal by certiorari from a judgment,
Section 12. Extension of time for filing briefs. — Extension final order or resolution of the Court of Appeals, the
of time for the filing of briefs will not be allowed, except Sandiganbayan, the Court of Tax Appeals, the Regional
for good and sufficient cause, and only if the motion for Trial Court or other courts, whenever authorized by law,
extension is filed before the expiration of the time sought may file with the Supreme Court a verified petition for
to be extended. (15, R46) review on certiorari. The petition may include an
Section 13. Contents of appellant's brief. — The application for a writ of preliminary injunction or other
appellant's brief shall contain, in the order herein provisional remedies and shall raise only questions of law,
indicated, the following: which must be distinctly set forth. The petitioner may
seek the same provisional remedies by verified motion
(a) A subject index of the matter in the brief with a digest filed in the same action or proceeding at any time during
of the arguments and page references, and a table of its pendency. (A.M. No. 07-7-12-SC, [December 4, 2007])
cases alphabetically arranged, textbooks and statutes
cited with references to the pages where they are cited; Section 2. Time for filing; extension. — The petition shall
be filed within fifteen (15) days from notice of the
(b) An assignment of errors intended to be urged, which judgment or final order or resolution appealed from, or of
errors shall be separately, distinctly and concisely stated the denial of the petitioner's motion for new trial or
without repetition and numbered consecutively; reconsideration filed in due time after notice of the
(c) Under the heading "Statement of the Case," a clear judgment. On motion duly filed and served, with full
and concise statement of the nature of the action, a payment of the docket and other lawful fees and the
summary of the proceedings, the appealed rulings and deposit for costs before the expiration of the
orders of the court, the nature of the judgment and any reglementary period, the Supreme Court may for
other matters necessary to an understanding of the justifiable reasons grant an extension of thirty (30) days
nature of the controversy with page references to the only within which to file the petition. (1a, 5a)
record;



Section 3. Docket and other lawful fees; proof of service criminal cases where the penalty imposed is death,
of petition. — Unless he has theretofore done so, the reclusion perpetua or life imprisonment. (n)
petitioner shall pay the corresponding docket and other
lawful fees to the clerk of court of the Supreme Court and
deposit the amount of P500.00 for costs at the time of RULE 46 Original Cases
the filing of the petition. Proof of service of a copy, thereof Section 1. Title of cases. — In all cases originally filed in
on the lower court concerned and on the adverse party the Court of Appeals, the party instituting the action shall
shall be submitted together with the petition. (1a) be called the petitioner and the opposing party the
Section 4. Contents of petition. — The petition shall be respondent. (1a)
filed in eighteen (18) copies, with the original copy Section 2. To what actions applicable. — This Rule shall
intended for the court being indicated as such by the apply to original actions for certiorari, prohibition,
petitioner and shall (a) state the full name of the mandamus and quo warranto.
appealing party as the petitioner and the adverse party as
respondent, without impleading the lower courts or Except as otherwise provided, the actions for annulment
judges thereof either as petitioners or respondents; (b) of judgment shall be governed by Rule 47, for certiorari,
indicate the material dates showing when notice of the prohibition and mandamus by Rule 65, and for quo
judgment or final order or resolution subject thereof was warranto by Rule 66. (n)
received, when a motion for new trial or reconsideration, Section 3. Contents and filing of petition; effect of
if any, was filed and when notice of the denial thereof was noncompliance with requirements. — The petition shall
received; (c) set forth concisely a statement of the matters contain the full names and actual addresses of all the
involved, and the reasons or arguments relied on for the petitioners and respondents, a concise statement of the
allowance of the petition; (d) be accompanied by a clearly matters involved, the factual background of the case, and
legible duplicate original, or a certified true copy of the the grounds relied upon for the relief prayed for.
judgment or final order or resolution certified by the clerk
In actions filed under Rule 65, the petition shall further
of court of the court a quo and the requisite number of
indicate the material dates showing when notice of the
plain copies thereof, and such material portions of the
judgment or final order or resolution subject thereof was
record as would support the petition; and (e) contain a
received, when a motion for new trial or reconsideration,
sworn certification against forum shopping as provided in
if any, was filed and when notice of the denial thereof was
the last paragraph of section 2, Rule 42. (2a)
received.
Section 5. Dismissal or denial of petition. — The failure of
It shall be filed in seven (7) clearly legible copies together
the petitioner to comply with any of the foregoing
with proof of service thereof on the respondent with the
requirements regarding the payment of the docket and
original copy intended for the court indicated as such by
other lawful fees, deposit for costs, proof of service of the
the petitioner, and shall be accompanied by a clearly
petition, and the contents of and the documents which
legible duplicate original or certified true copy of the
should accompany the petition shall be sufficient ground
judgment, order, resolution, or ruling subject thereof,
for the dismissal thereof.
such material portions of the record as are referred to
The Supreme Court may on its own initiative deny the therein, and other documents relevant or pertinent
petition on the ground that the appeal is without merit, thereto. The certification shall be accomplished by the
or is prosecuted manifestly for delay, or that the questions proper clerk of court or by his duly authorized
raised therein are too unsubstantial to require representative, or by the proper officer of the court,
consideration. (3a) tribunal, agency or office involved or by his duly
Section 6. Review discretionary. — A review is not a authorized representative. The other requisite number of
matter of right, but of sound judicial discretion, and will copies of the petition shall be accompanied by clearly
be granted only when there are special and important legible plain copies of all documents attached to the
reasons thereof. The following, while neither controlling original.
nor fully measuring the court's discretion, indicate the The petitioner shall also submit together with the petition
character of the reasons which will be considered: a sworn certification that he has not theretofore
(a) When the court a quo has decided a question of commenced any other action involving the same issues
substance, not theretofore determined by the Supreme in the Supreme Court, the Court of Appeals or different
Court, or has decided it in a way probably not in accord divisions thereof, or any other tribunal or agency; if there
with law or with the applicable decisions of the Supreme is such other action or proceeding, he must state the
Court; or status of the same; and if he should thereafter learn that a
similar action or proceeding has been filed or is pending
(b) When the court a quo has so far departed from the before the Supreme Court, the Court of Appeals, or
accepted and usual course of judicial proceedings, or so different divisions thereof, or any other tribunal or agency,
far sanctioned such departure by a lower court, as to call he undertakes to promptly inform the aforesaid courts
for an exercise of the power of supervision. (4a) and other tribunal or agency thereof within five (5) days
Section 7. Pleadings and documents that may be therefrom.
required; sanctions. — For purposes of determining The petitioner shall pay the corresponding docket and
whether the petition should be dismissed or denied other lawful fees to the clerk of court and deposit the
pursuant to section 5 of this Rule, or where the petition is amount of P500.00 for costs at the time of the filing of
given due course under section 8 hereof, the Supreme the petition.
Court may require or allow the filing of such pleadings,
briefs, memoranda or documents as it may deem The failure of the petitioner to comply any of the
necessary within such periods and under such conditions requirements shall be sufficient ground for the dismissal
as it may consider appropriate, and impose the of the petition. (n; Bar Matter No. 803, 21 July 1998)
corresponding sanctions in case of non-filing or Section 4. Jurisdiction over person of respondent, how
unauthorized filing of such pleadings and documents or acquired. — The court shall acquire jurisdiction over the
non-compliance with the conditions therefor. (n) person of the respondent by the service on him of its
Section 8. Due course; elevation of records. — If the order or resolution indicating its initial action on the
petition is given due course, the Supreme Court may petition or by his voluntary submission to such
require the elevation of the complete record of the case jurisdiction. (n)
or specified parts thereof within fifteen (15) days from Section 5. Action by the court. — The court may dismiss
notice. (2a) the petition outright with specific reasons for such
Section 9. Rule applicable to both civil and criminal dismissal or require the respondent to file a comment on
cases. — The mode of appeal prescribed in this Rule shall the same within ten (10) days from notice. Only pleadings
be applicable to both civil and criminal cases, except in



required by the court shall be allowed. All other pleadings void, without prejudice to the original action being refiled

and papers, may be filed only with leave of court. (n) in the proper court. However, where the judgment or
Section 6. Determination of factual issues. — Whenever final order or resolution is set aside on the ground of
necessary to resolve factual issues, the court itself may extrinsic fraud, the court may on motion order the trial
conduct hearings thereon or delegate the reception of court to try the case as if a timely motion for new trial had
the evidence on such issue to any of its members or to an been granted therein. (n)
appropriate court, agency or office. (n) Section 8. Suspension prescriptive period. — The
Section 7. Effect of failure to file comment. — When no prescriptive period for the refiling of the aforesaid original
comment is filed by any of the respondents, the case may action shall be deemed suspended from the filing of
be decided on the basis of the record, without prejudice such original action until the finality of the judgment of
to any disciplinary action which the court may take annulment. However, the prescriptive period shall not be
against the disobedient party. (n) suspended where the extrinsic-fraud is attributable to the
plaintiff in the original action. (n)
Section 9. Relief available. — The judgment of
RULE 47 Annulment of Judgments of Final Orders annulment may include the award of damages, attorney's
and Resolutions fees and other relief.
Section 1. Coverage. — This Rule shall govern the If the questioned judgment or final order or resolution
annulment by the Court of Appeals of judgments or final had already been executed the court may issue such
orders and resolutions in civil actions of Regional Trial orders of restitution or other relief as justice and equity
Courts for which the ordinary remedies of new trial, may warrant under the circumstances. (n)
appeal, petition for relief or other appropriate remedies Section 10. Annulment of judgments or final orders of
are no longer available through no fault of the petitioner. Municipal Trial Courts. — An action to annul a judgment
(n) or final order of a Municipal Trial Court shall be filed in the
Section 2. Grounds for annulment. — The annulment Regional Trial Court having jurisdiction over the former. It
may be based only on the grounds of extrinsic fraud and shall be treated as an ordinary civil action and sections 2,
lack of jurisdiction. 3, 4, 7, 8 and 9 of this Rule shall be applicable thereto. (n)
Extrinsic fraud shall not be a valid ground if it was availed
of, or could have been availed of, in a motion for new trial RULE 48 Preliminary Conference
or petition for relief. (n)
Section 1. Preliminary conference. — At any time during
Section 3. Period for filing action. — If based on extrinsic the pendency of a case, the court may call the parties and
fraud, the action must be filed within four (4) years from their counsel to a preliminary conference.
its discovery; and if based on lack of jurisdiction, before it
is barred by laches or estoppel. (n) (a) To consider the possibility of an amicable settlement,
except when the case is not allowed by law to be
Section 4. Filing and contents of petition. — The action compromised
shall be commenced by filing a verified petition alleging
therein with particularity the facts and the law relied (b) To define, simplify and clarify the issues for
upon for annulment, as well as those supporting the determination;
petitioner's good and substantial cause of action or (c) To formulate stipulations of facts and admissions of
defense, as the case may be. documentary exhibits, limit the number of witnesses to
The petition shall be filed in seven (7) clearly legible be presented in cases falling within the original
copies, together with sufficient copies corresponding to jurisdiction of the court, or those within its appellate
the number of respondents. A certified true copy of the jurisdiction where a motion for new trial is granted on the
judgment or final order or resolution shall be attached to ground of newly discovered evidence; and
the original copy of the petition intended for the court (d) To take up such other matters which may aid the
and indicated as such by the petitioner. court in the prompt disposition of the case. (Rule 7, CA
The petitioner shall also submit together with the petition Internal Rules) (n)
affidavits of witnesses or documents supporting the Section 2. Record of the conference. — The proceedings
cause of action or defense and a sworn certification that at such conference shall be recorded and, upon the
he has not theretofore commenced any other action conclusion thereof, a resolution shall be issued
involving the same issues in the Supreme Court, the embodying all the actions taken therein, the stipulations
Court of Appeals or different divisions thereof, or any and admissions made and the issues defined. (n)
other tribunal or agency if there is such other action or
proceeding, he must state the status of the same, and if Section 3. Binding effect of the results of the conference.
he should thereafter learn that a similar action or — Subject to such modifications which may be made to
proceeding has been filed or is pending before the prevent manifest injustice, the resolution in the
Supreme Court, the Court of Appeals, or different preceding section shall control the subsequent
divisions thereof, or any other tribunal or agency, he proceedings in the case unless, within five (5) days from
undertakes to promptly inform the aforesaid courts and notice thereof, any party shall satisfactorily show valid
other tribunal or agency thereof within five (5) days cause why the same should not be followed. (n)
therefrom. (n)
Section 5. Action by the court. — Should the court find no RULE 49 Oral Argument
substantial merit in the petition, the same may be Section 1. When allowed. — At its own instance or upon
dismissed outright with specific reasons for such motion of a party, the court may hear the parties in oral
dismissal. argument on the merits of a case, or on any material
Should prima facie merit be found in the petition, the incident in connection therewith. (n)
same shall be given due course and summons shall be The oral argument shall be limited to such matters as the
served on the respondent. (n) court may specify in its order or resolution. (1a, R48)
Section 6. Procedure. — The procedure in ordinary civil Section 2. Conduct of oral argument. — Unless
cases shall be observed. Should trial be necessary, the authorized by the court, only one counsel may argue for a
reception of the evidence may be referred to a member party. The duration allowed for each party, the sequence
of the court or a judge of a Regional Trial Court. (n) of the argumentation, and all other related matters shall
Section 7. Effect of judgment. — A judgment of be as directed by the court. (n)
annulment shall set aside the questioned judgment or Section 3. No hearing or oral argument for motions. —
final order or resolution and render the same null and Motions shall not be set for hearing and, unless the court



otherwise directs, no hearing or oral argument shall be 2) Where no hearing is held, upon the filing of the last
allowed in support thereof. The adverse party may file pleading required or permitted to be filed by the court, or
objections to the motion within five (5) days from service, the expiration of the period for its filing.
upon the expiration of which such motion shall be 3) Where a hearing on the merits of the main case is held,
deemed submitted for resolution. (29, R49) upon its termination or upon the filing of the last
pleading or memorandum as may be required or
RULE 50 Dismissal of Appeal permitted to be filed by the court, or the expiration of the
period for its filing. (n)
Section 1. Grounds for dismissal of appeal. — An appeal
may be dismissed by the Court of Appeals, on its own Section 2. By whom rendered. — The judgment shall be
motion or on that of the appellee, on the following rendered by the members of the court who participated
grounds: in the deliberation on the merits of the case before its
assignment to a member for the writing of the decision.
(a) Failure of the record on appeal to show on its face that (n)
the appeal was taken within the period fixed by these
Rules; Section 3. Quorum and voting in the court. — The
participation of all three Justices of a division shall be
(b) Failure to file the notice of appeal or the record on necessary at the deliberation and the unanimous vote of
appeal within the period prescribed by these Rules; the three Justices shall be required for the
(c) Failure of the appellant to pay the docket and other pronouncement of a judgment or final resolution. If the
lawful fees as provided in section 5, Rule 40 and section 4 three justices do not reach a unanimous vote, the clerk
of Rule 41; (Bar Matter No. 803, 17 February 1998) shall enter the votes of the dissenting Justices in the
record. Thereafter, the Chairman of the division shall refer
(d) Unauthorized alterations, omissions or additions in the the case, together with the minutes of the deliberation, to
approved record on appeal as provided in section 4 of the Presiding Justice who shall designate two Justices
Rule 44; chosen by raffle from among all the other members of
(e) Failure of the appellant to serve and file the required the court to sit temporarily with them, forming a special
number of copies of his brief or memorandum within the division of five Justices. The participation of all the five
time provided by these Rules; members of the special division shall be necessary for the
deliberation required in section 2 of this Rule and the
(f) Absence of specific assignment of errors in the
concurrence of a majority of such division shall be
appellant's brief, or of page references to the record as
required for the pronouncement of a judgment or final
required in section 13, paragraphs (a), (c), (d) and (f) of
resolution. (2a)
Rule 44;
Section 4. Disposition of a case. — The Court of Appeals,
(g) Failure of the appellant to take the necessary steps for
in the exercise of its appellate jurisdiction, may affirm,
the correction or completion of the record within the
reverse, or modify the judgment or final order appealed
time limited by the court in its order;
from, and may direct a new trial or further proceedings to
(h) Failure of the appellant to appear at the preliminary be had. (3a)
conference under Rule 48 or to comply with orders,
Section 5. Form of decision. — Every decision or final
circulars, or directives of the court without justifiable
resolution of the court in appealed cases shall clearly and
cause; and
distinctly state the findings of fact and the conclusions of
(i) The fact that the order or judgment appealed from is law on which it is based, which may be contained in the
not appealable. (1a) decision or final resolution itself, or adopted from those
Section 2. Dismissal of improper appeal to the Court of set forth in the decision, order, or resolution appealed
Appeals. — An appeal under Rule 41 taken from the from. (Sec. 40, BP Blg. 129) (n)
Regional Trial Court to the Court of Appeals raising only Section 6. Harmless error. — No error in either the
questions of law shall be dismissed, issues purely of law admission or the exclusion of evidence and no error or
not being reviewable by said court. Similarly, an appeal by defect in any ruling or order or in anything done or
notice of appeal instead of by petition for review from the omitted by the trial court or by any of the parties is
appellate judgment of a Regional Trial Court shall be ground for granting a new trial or for setting aside,
dismissed. (n) modifying, or otherwise disturbing a judgment or order,
An appeal erroneously taken to the Court of Appeals shall unless refusal to take such action appears to the court
not be transferred to the appropriate court but shall be inconsistent with substantial justice. The court at every
dismissed outright. (3a) stage of the proceeding must disregard any error or
defect which does not affect the substantial rights of the
Section 3. Withdrawal of appeal. — An appeal may be parties. (5a)
withdrawn as of right at any time before the filing of the
appellee's brief. Thereafter, the withdrawal may be Section 7. Judgment where there are several parties. —
allowed in the discretion of the court. (4a) In all actions or proceedings, an appealed judgment may
be affirmed as to some of the appellants, and reversed as
to others, and the case shall thereafter be proceeded
RULE 51 Judgment with, so far as necessary, as if separate actions had been
begun and prosecuted, and execution of the judgment of
Section 1. When case deemed submitted for judgment. affirmance may be had accordingly, and costs may be
— A case shall be deemed submitted for judgment: adjudged in such cases, as the court shall deem proper.
A. In ordinary appeals. — (6)
1) Where no hearing on the merits of the main case is Section 8. Questions that may be decided. — No error
held, upon the filing of the last pleading, brief, or which does not affect the jurisdiction over the subject
memorandum required by the Rules or by the court itself, matter or the validity of the judgment appealed from or
or the expiration of the period for its filing. the proceedings therein will be considered unless stated
2) Where such a hearing is held, upon its termination or in the assignment of errors, or closely related to or
upon the filing of the last pleading or memorandum as dependent on an assigned error and properly argued in
may be required or permitted to be filed by the court, or the brief, save as the court may pass upon plain errors
the expiration of the period for its filing. and clerical errors. (7a)
B. In original actions and petitions for review. — Section 9. Promulgation and notice of judgment. — After

the judgment or final resolution and dissenting or
1) Where no comment is filed, upon the expiration of the separate opinions, if any, are signed by the Justices taking
period to comment. part, they shall be delivered for filing to the clerk who
shall indicate thereon the date of promulgation and



cause true copies thereof to be served upon the parties or ninety (90) days from the date when the court declares it

their counsel. (n) submitted for resolution. (n)
Section 10. Entry of judgments and final resolutions. — If Section 4. Procedure in new trial. — Unless the court
no appeal or motion for new trial or reconsideration is otherwise directs, the procedure in the new trial shall be
filed within the time provided in these Rules, the the same as that granted by a Regional Trial Court. (3a)
judgment or final resolution shall forthwith be entered by
the clerk in the book of entries of judgments. The date
when the judgment or final resolution becomes RULE 54 Internal Business
executory shall be deemed as the date of its entry. The Section 1. Distribution of cases among divisions. — All the
record shall contain the dispositive part of the judgment cases of the Court of Appeals shall be allotted among the
or final resolution and shall be signed by the clerk, with a different divisions thereof for hearing and decision. The
certificate that such judgment or final resolution has Court of Appeals, sitting en banc, shall make proper
become final and executory. (2a, R36) orders or rules to govern the allotment of cases among
Section 11. Execution of judgment. — Except where the the different divisions, the constitution of such divisions,
judgment or final order or resolution, or a portion thereof, the regular rotation of Justices among them, the filing of
is ordered to be immediately executory, the motion for its vacancies occurring therein, and other matters relating to
execution may only be filed in the proper court after its the business of the court; and such rules shall continue in
entry. force until repealed or altered by the Supreme Court. (1a)
In original actions in the Court of Appeals, its writ of Section 2. Quorum of the court. — A majority of the
execution shall be accompanied by a certified true copy actual members of the court shall constitute a quorum
of the entry of judgment or final resolution and for its sessions en banc. Three members shall constitute a
addressed to any appropriate officer for its enforcement. quorum for the sessions of a division. The affirmative
votes of the majority of the members present shall be
In appealed cases, where the motion for execution necessary to pass a resolution of the court en banc. The
pending appeal is filed in the Court of Appeals at a time affirmative votes of three members of a division shall be
that it is in possession of the original record or the record necessary for the pronouncement of a judgment or final
on appeal, the resolution granting such motion shall be resolution, which shall be reached in consultation before
transmitted to the lower court from which the case the writing of the opinion by any member of the division.
originated, together with a certified true copy of the (Sec. 11, first par. of BP Blg. 129, as amended by Sec. 6 of
judgment or final order to be executed, with a directive EO 33). (3a)
for such court of origin to issue the proper writ for its
enforcement. (n)
RULE 55 Publications of Judgments and Final
RULE 52 Motion for Reconsideration Resolutions
Section 1. Period for filing. — A party may file a motion for Section 1. Publication. — The judgments and final
reconsideration of a judgment or final resolution within resolutions of the court shall be published in the Official
fifteen (15) days from notice thereof, with proof of service Gazette and in the Reports officially authorized by the
on the adverse party. (n) court in the language in which they have been originally
written, together with the syllabi therefor prepared by the
Section 2. Second motion for reconsideration. — No reporter in consultation with the writers thereof.
second motion for reconsideration of a judgment or final Memoranda of all other judgments and final resolutions
resolution by the same party shall be entertained. (n) not so published shall be made by the reporter and
Section 3. Resolution of motion. — In the Court of published in the Official Gazette and the authorized
Appeals, a motion for reconsideration shall be resolved reports. (1a)
within ninety (90) days from the date when the court Section 2. Preparation of opinions for publication. — The
declares it submitted for resolution. (n) reporter shall prepare and publish with each reported
Section 4. Stay of execution. — The pendency of a motion judgment and final resolution a concise synopsis of the
for reconsideration filed on time and by the proper party facts necessary for a clear understanding of the case, the
shall stay the execution of the judgment or final names of counsel, the material and controverted points
resolution sought to be reconsidered unless the court, for involved, the authorities cited therein, and a syllabus
good reasons, shall otherwise direct. (n) which shall be confined to points of law. (Sec. 22a, R.A. No.
296) (n)
Section 3. General make-up of volumes. — The published
RULE 53 New Trial decisions and final resolutions of the Supreme Court shall
Section 1. Period for filing; ground. — At any time after be called "Philippine Reports," while those of the Court of
the appeal from the lower court has been perfected and Appeals shall be known as the "Court of Appeals Reports."
before the Court of Appeals loses jurisdiction over the Each volume thereof shall contain a table of the cases
case, a party may file a motion for a new trial on the reported and the cases cited in the opinions, with a
ground of newly discovered evidence which could not complete alphabetical index of the subject matters of the
have been discovered prior to the trial in the court below volume. It shall consist of not less than seven hundred
by the exercise of due diligence and which is of such a pages printed upon good paper, well bound and
character as would probably change the result. The numbered consecutively in the order of the volumes
motion shall be accompanied by affidavits showing the published. (Sec. 23a, R.A. No. 296) (n)
facts constituting the grounds therefor and the newly
discovered evidence. (1a)
Section 2. Hearing and order. — The Court of Appeals Procedure In The Supreme Court
shall consider the new evidence together with that
adduced at the trial below, and may grant or refuse a new RULE 56
trial, or may make such order, with notice to both parties,
as to the taking of further testimony, either orally in court,
or by depositions, or render such other judgment as A. Original Cases
ought to be rendered upon such terms as it may deem Section 1. Original cases cognizable. — Only petitions for
just. (2a) certiorari, prohibition, mandamus, quo warranto, habeas
Section 3. Resolution of motion. — In the Court of corpus, disciplinary proceedings against members of the
Appeals, a motion for new trial shall be resolved within judiciary and attorneys, and cases affecting ambassadors,


other public ministers and consuls may be filed originally

in the Supreme Court. (n)
Provisional Remedies
Section 2. Rules applicable. — The procedure in original
cases for certiorari, prohibition, mandamus, quo
warranto and habeas corpus shall be in accordance with RULE 57 Preliminary Attachment
the applicable provisions of the Constitution, laws, and Section 1. Grounds upon which attachment may issue. —
Rules 46, 48, 49, 51, 52 and this Rule, subject to the At the commencement of the action or at any time
following provisions: before entry of judgment, a plaintiff or any proper party
a) All references in said Rules to the Court of Appeals shall may have the property of the adverse party attached as
be understood to also apply to the Supreme Court; security for the satisfaction of any judgment that may be
b) The portions of said Rules dealing strictly with and recovered in the following cases:
specifically intended for appealed cases in the Court of (a) In an action for the recovery of a specified amount of
Appeals shall not be applicable; and money or damages, other than moral and exemplary, on
c) Eighteen (18) clearly legible copies of the petition shall a cause of action arising from law, contract,
be filed, together with proof of service on all adverse quasi-contract, delict or quasi-delict against a party who
parties. is about to depart from the Philippines with intent to
defraud his creditors;
The proceedings for disciplinary action against members
of the judiciary shall be governed by the laws and Rules (b) In an action for money or property embezzled or
prescribed therefor, and those against attorneys by Rules fraudulently misapplied or converted to his own use by a
139-B, as amended. (n) public officer, or an officer of a corporation, or an attorney,
factor, broker, agent, or clerk, in the course of his
employment as such, or by any other person in a fiduciary
B. Appealed Cases capacity, or for a willful violation of duty;
Section 3. Mode of appeal. — An appeal to the Supreme (c) In an action to recover the possession of property
Court may be taken only by a petition for review on unjustly or fraudulently taken, detained or converted,
certiorari, except in criminal cases where the penalty when the property, or any part thereof, has been
imposed is death, reclusion perpetua or life concealed, removed, or disposed of to prevent its being
imprisonment. (n) found or taken by the applicant or an authorized person;
Section 4. Procedure. — The appeal shall be governed by (d) In an action against a party who has been guilty of a
and disposed of in accordance with the applicable fraud in contracting the debt or incurring the obligation
provisions of the Constitution, laws, Rules 45, 48, sections upon which the action is brought, or in the performance
1, 2, and 5 to 11 of Rule 51, 52 and this Rule. (n) thereof;
Section 5. Grounds for dismissal of appeal. — The appeal (e) In an action against a party who has removed or
may be dismissed motu proprio or on motion of the disposed of his property, or is about to do so, with intent
respondent on the following grounds: to defraud his creditors; or
(a) Failure to take the appeal within the reglementary (f) In an action against a party who does not reside and is
period; not found in the Philippines, or on whom summons may
(b) Lack of merit in the petition; be served by publication. (1a)
(c) Failure to pay the requisite docket fee and other lawful Section 2. Issuance and contents of order. — An order of
fees or to make a deposit for costs; attachment may be issued either ex parte or upon
motion with notice and hearing by the court in which the
(d) Failure to comply with the requirements regarding action is pending, or by the Court of Appeals or the
proof of service and contents of and the documents Supreme Court, and must require the sheriff of the court
which should accompany the petition; to attach so much of the property in the Philippines of
(e) Failure to comply with any circular, directive or order of the party against whom it is issued, not exempt from
the Supreme Court without justifiable cause; execution, as may be sufficient to satisfy the applicant's
demand, unless such party makes deposit or gives a bond
(f) Error in the choice or mode of appeal; and as hereinafter provided in an amount equal to that fixed
(g) The fact that the case is not appealable to the in the order, which may be the amount sufficient to
Supreme Court. (n) satisfy the applicant's demand or the value of the
property to be attached as stated by the applicant,
Section 6. Disposition of improper appeal. — Except as
exclusive of costs. Several writs may be issued at the same
provided in section 3, Rule 122 regarding appeals in
time to the sheriffs of the courts of different judicial
criminal cases where the penalty imposed is death,
regions. (2a)
reclusion perpetua or life imprisonment, an appeal taken
to the Supreme Court by notice of appeal shall be Section 3. Affidavit and bond required. — An order of
dismissed. attachment shall be granted only when it appears by the
affidavit of the applicant, or of some other person who
An appeal by certiorari taken to the Supreme Court from
personally knows the facts, that a sufficient cause of
the Regional Trial Court submitting issues of fact may be
action exists, that the case is one of those mentioned in
referred to the Court of Appeals for decision or
section 1 hereof, that there is no other sufficient security
appropriate action. The determination of the Supreme
for the claim sought to be enforced by the action, and
Court on whether or not issues of fact are involved shall
that the amount due to the applicant, or the value of the
be final. (n)
property the possession of which he is entitled to recover,
Section 7. Procedure if opinion is equally divided. — is as much as the sum for which the order is granted
Where the court en banc is equally divided in opinion, or above all legal counterclaims. The affidavit, and the bond
the necessary majority cannot be had, the case shall required by the next succeeding section, must be duly
again be deliberated on, and if after such deliberation no filed with the court before the order issues. (3a)
decision is reached, the original action commenced in the
Section 4. Condition of applicant's bond. — The party
court shall be dismissed, in appealed cases, the judgment
applying for the order must thereafter give a bond
or order appealed from shall stand affirmed; and on all
executed to the adverse party in the amount fixed by the
incidental matters, the petition or motion shall be denied.
court in its order granting the issuance of the writ,
conditioned that the latter will pay all the costs which
may be adjudged to the adverse party and all damages
which he may sustain by reason of the attachment, if the


court shall finally adjudge that the applicant was not and a notice stating that the stock or interest of the party
entitled thereto. (4a) against whom the attachment is issued is attached in
Section 5. Manner of attaching property. — The sheriff pursuance of such writ;
enforcing the writ shall without delay and with all (d) Debts and credits, including bank deposits, financial
reasonable diligence attach, to await judgment and interest, royalties, commissions and other personal
execution in the action, only so much of the property in property not capable of manual delivery, by leaving with
the Philippines of the party against whom the writ is the person owing such debts, or having in his possession
issued, not exempt from execution, as may be sufficient or under his control, such credits or other personal
to satisfy the applicant's demand, unless the former property, or with his agent, a copy of the writ, and notice
makes a deposit with the court from which the writ is that the debts owing by him to the party against whom
issued, or gives a counter-bond executed to the applicant, attachment is issued, and the credits and other personal
in an amount equal to the bond fixed by the court in the property in his possession, or under his control, belonging
order of attachment or to the value of the property to be to said party, are attached in pursuance of such writ;
attached, exclusive of costs. No levy on attachment (e) The interest of the party against whom attachment is
pursuant to the writ issued under section 2 hereof shall issued in property belonging to the estate of the
be enforced unless it is preceded, or contemporaneously decedent, whether as heir, legatee, or devisee, by serving
accompanied, by service of summons, together with a the executor or administrator or other personal
copy of the complaint, the application for attachment the representative of the decedent with a copy of the writ
applicant's affidavit and bond, and the order and writ of and notice that said interest is attached. A copy of said
attachment, on the defendant within the Philippines. writ of attachment and of said notice shall also be filed in
The requirement of prior or contemporaneous service of the office of the clerk of the court in which said estate is
summons shall not apply where the summons could not being settled and served upon the heir, legatee or
be served personally or by substituted service despite devisee concerned.
diligent efforts, or the defendant is a resident of the If the property sought to be attached is in custodia legis,
Philippines temporarily absent therefrom, or the a copy of the writ of attachment shall be filed with the
defendant is a non-resident of the Philippines, or the proper court or quasi-judicial agency, and notice of the
action is one in rem or quasi in rem. (5a) attachment served upon the custodian of such property.
Section 6. Sheriff's return. — After enforcing the writ, the (7a)
sheriff must likewise without delay make a return thereon Section 8. Effect of attachment of debts, credits and all
to the court from which the writ issued, with a full other similar personal property. — All persons having in
statement of his proceedings under the writ and a their possession or under their control any credits or
complete inventory of the property attached, together other similar personal property belonging to the party
with any counter-bond given by the party against whom against whom attachment is issued, or owing any debts
attachment is issued, and serve copies thereof on the to him, at the time of service upon them of the copy of
applicant. (6a) the writ of attachment and notice as provided in the last
Section 7. Attachment of real and personal property; preceding section, shall be liable to the applicant for the
recording thereof. — Real and personal property shall be amount of such credits, debts or other similar personal
attached by the sheriff executing the writ in the following property, until the attachment is discharged, or any
manner: judgment recovered by him is satisfied, unless such
(a) Real property, or growing crops thereon, or any property is delivered or transferred, or such debts are
interest therein, standing upon the record of the registry paid, to the clerk, sheriff, or other proper officer of the
of deeds of the province in the name of the party against court issuing the attachment. (8a)
whom attachment is issued, or not appearing at all upon Section 9. Effect of attachment of interests in property
such records, or belonging to the party against whom belonging to the estate of a decedent. — The attachment
attachment is issued and held by any other person, or of the interest of an heir, legatee, or devisee in the
standing on the records of the registry of deeds in the property belonging to the estate of a decedent shall not
name of any other person, by filing with the registry of impair the powers of the executor, administrator, or other
deeds a copy of the order, together with a description of personal representative of the decedent over such
the property attached, and a notice that it is attached, or property for the purpose of administration. Such personal
that such real property and any interest therein held by or representative, however, shall report the attachment to
standing in the name of such other person are attached, the court when any petition for distribution is filed, and in
and by leaving a copy of such order, description, and the order made upon such petition, distribution may be
notice with the occupant of the property, if any, or with awarded to such heir, legatee or devisee, but the property
such other person or his agent if found within the attached shall be ordered delivered to the sheriff making
province. Where the property has been brought under the levy, subject to the claim of such heir, legatee, or
the operation of either the Land Registration Act or the devisee, or any person claiming under him. (9a)
Property Registration Decree, the notice shall contain a Section 10. Examination of party whose property is
reference to the number of the certificate of title, the attached and persons indebted to him or controlling his
volume and page in the registration book where the property; delivery of property to sheriff. — Any person
certificate is registered, and the registered owner or owing debts to the party whose property is attached or
owners thereof. having in his possession or under his control any credit or
The registrar of deeds must index attachments filed other personal property belonging to such party, may be
under this section in the names of the applicant, the required to attend before the court in which the action is
adverse party, or the person by whom the property is held pending, or before a commissioner appointed by the
or in whose name it stands in the records. If the court, and be examined on oath respecting the same. The
attachment is not claimed on the entire area of the land party whose property is attached may also be required to
covered by the certificate of title, a description sufficiently attend for the purpose of giving information respecting
accurate for the identification of the land or interest to be his property, and may be examined on oath. The court
affected shall be included in the registration of such may, after such examination, order personal property
attachment; capable of manual delivery belonging to him, in the
(b) Personal property capable of manual delivery, by possession of the person so required to attend before the
taking and safely keeping it in his custody, after issuing court, to be delivered to the clerk of the court or sheriff on
the corresponding receipt therefor. such terms as may be just, having reference to any lien
thereon or claim against the same, to await the judgment
(c) Stocks or shares, or an interest in stocks or shares, of in the action. (10a)
any corporation or company, by leaving with the
president or managing agent thereof, a copy of the writ, Section 11. When attached property may be sold after
levy on attachment and before entry of judgment. —



Whenever it shall be made to appear to the court in contained shall prevent such claimant or any third person
which the action is pending, upon hearing with notice to from vindicating his claim to the property, or prevent the
both parties, that the property attached is perishable, or attaching party from claiming damages against a
that the interests of all the parties to the action will be third-party claimant who filed a frivolous or plainly
subserved by the sale thereof, the court may order such spurious claim, in the same or a separate action.
property to be sold at public auction in such manner as it When the writ of attachment is issued in favor of the
may direct, and the proceeds of such sale to be deposited Republic of the Philippines, or any officer duly
in court to abide the judgment in the action. (11a) representing it, the filing of such bond shall not be
Section 12. Discharge of attachment upon giving required, and in case the sheriff is sued for damages as a
counter-bond. — After a writ of attachment has been result of the attachment, he shall be represented by the
enforced, the party whose property has been attached, or Solicitor General, and if held liable therefor, the actual
the person appearing on his behalf, may move for the damages adjudged by the court shall be paid by the
discharge of the attachment wholly or in part on the National Treasurer out of the funds to be appropriated for
security given. The court shall, after due notice and the purpose. (14a)
hearing, order the discharge of the attachment if the Section 15. Satisfaction of judgment out of property
movant makes a cash deposit, or files a counter-bond attached, return of sheriff. — If judgment be recovered by
executed to the attaching party with the clerk of the the attaching party and execution issue thereon, the
court where the application is made, in an amount equal sheriff may cause the judgment to be satisfied out of the
to that fixed by the court in the order of attachment, property attached, if it be sufficient for that purpose in
exclusive of costs. But if the attachment is sought to be the following manner:
discharged with respect to a particular property, the
counter-bond shall be equal to the value of that property (a) By paying to the judgment obligee the proceeds of all
as determined by the court. In either case, the cash sales of perishable or other property sold in pursuance of
deposit or the counter-bond shall secure the payment of the order of the court, or so much as shall be necessary to
any judgment that the attaching party may recover in the satisfy the judgment;
action. A notice of the deposit shall forthwith be served (b) If any balance remains due, by selling so much of the
on the attaching party. Upon the discharge of an property, real or personal, as may be necessary to satisfy
attachment in accordance with the provisions of this the balance, if enough for that purpose remain in the
section, the property attached, or the proceeds of any sale sheriff's hands, or in those the clerk of the court;
thereof, shall be delivered to the party making the
deposit or giving the counter-bond, or to the person (c) By collecting from all persons having in their
appearing on his behalf, the deposit or counter-bond possession credits belonging to the judgment obligor, or
aforesaid standing in place of the property so released. owing debts to the latter at the time of the attachment of
Should such counter-bond for any reason be found to be such credits or debts, the amount of such credits and
or become insufficient, and the party furnishing the same debts as determined by the court in the action, and
fail to file an additional counter-bond, the attaching party stated in the judgment, and paying the proceeds of such
may apply for a new order of attachment. (12a) collection over to the judgment obligee.
Section 13. Discharge of attachment on other grounds. The sheriff shall forthwith make a return in writing to the
— The party whose property has been ordered attached court of his proceedings under this section and furnish
may file a motion with the court in which he action is the parties with copies thereof. (15a)
pending, before or after levy or even after the release of Section 16. Balance due collected upon an execution;
the attached property, for an order to set aside or excess delivered to judgment obligor. — If after realizing
discharge the attachment on the ground that the same upon all the property attached, including the proceeds of
was improperly or irregularly issued or enforced, or that any debts or credits collected, and applying the proceeds
the bond is insufficient. If the attachment is excessive, the to the satisfaction of the judgment less the expenses of
discharge shall be limited to the excess. If the motion be proceedings upon the judgment any balance shall
made on affidavits on the part of the movant but not remain due, the sheriff must proceed to collect such
otherwise, the attaching party may oppose the motion by balance as upon ordinary execution. Whenever the
counter-affidavits or other evidence in addition to that on judgment shall have been paid, the sheriff, upon
which the attachment was made. After due notice and reasonable demand, must return to the judgment obligor
hearing, the court shall order the setting aside or the the attached property remaining in his hands, and any
corresponding discharge of the attachment if it appears proceeds of the sale of the property attached not applied
that it was improperly or irregularly issued or enforced, or to the judgment. (16a)
that the bond is insufficient, or that the attachment is
excessive, and the defect is not cured forthwith. (13a) Section 17. Recovery upon the counter-bond. — When
the judgment has become executory, the surety or
Section 14. Proceedings where property claimed by third sureties on any counter-bond given pursuant to the
person. — If the property attached is claimed by any provisions of this Rule to secure the payment of the
person other than the party against whom attachment judgment shall become charged on such counter-bond
had been issued or his agent, and such person makes an and bound to pay the judgment obligee upon demand
affidavit of his title thereto, or right to the possession the amount due under the judgment, which amount
thereof, stating the grounds of such right or title, and may be recovered from such surety or sureties after
serves such affidavit upon the sheriff while the latter has notice and summary hearing in the same action. (17a)
possession of the attached property, and a copy thereof
upon the attaching party, the sheriff shall not be bound Section 18. Disposition of money deposited. — Where the
to keep the property under attachment, unless the party against whom attachment had been issued has
attaching party or his agent, on demand of the sheriff, deposited money instead of giving counter-bond, it shall
shall file a bond approved by the court to indemnify the be applied under the direction of the court to the
third-party claimant in a sum not less than the value of satisfaction of any judgment rendered in favor of the
the property levied upon. In case of disagreement as to attaching party, and after satisfying the judgment the
such value, the same shall be decided by the court balance shall be refunded to the depositor or his
issuing the writ of attachment. No claim for damages for assignee. If the judgment is in favor of the party against
the taking or keeping of the property may be enforced whom attachment was issued, the whole sum deposited
against the bond unless the action therefor is filed within must be refunded to him or his assignee. (18a)
one hundred twenty (120) days from the date of the filing Section 19. Disposition of attached property where
of the bond. judgment is for party against whom attachment was
The sheriff shall not be liable for damages for the taking issued. — If judgment be rendered against the attaching
or keeping of such property to any such third-party party, all the proceeds of sales and money collected or
claimant, if such bond shall be filed. Nothing herein received by the sheriff, under the order of attachment,


and all property attached remaining in any such officer's applicant will pay to such party or person all damages
hands, shall be delivered to the party against whom which he may sustain by reason of the injunction or
attachment was issued, and the order of attachment temporary restraining order if the court should finally
discharged. (19a) decide that the applicant was not entitled thereto. Upon
Section 20. Claim for damages on account of improper, approval of the requisite bond, a writ of preliminary
irregular or excessive attachment. — An application for injunction shall be issued. (4a)
damages on account of improper, irregular or excessive (c) When an application for a writ of preliminary
attachment must be filed before the trial or before appeal injunction or a temporary restraining order is included in
is perfected or before the judgment becomes executory, a complaint or any initiatory pleading, the case, if filed in
with due notice to the attaching party and his surety or a multiple-sala court, shall be raffled only after notice to
sureties setting forth the facts showing his right to and in the presence of the adverse party or the person to
damages and the amount thereof. Such damages may be be enjoined. In any event, such notice shall be preceded,
awarded only after proper hearing and shall be included or contemporaneously accompanied, by service of
in the judgment on the main case. summons, together with a copy of the complaint or
If the judgment of the appellate court be favorable to the initiatory pleading and the applicant's affidavit and bond,
party against whom the attachment was issued he must upon the adverse party in the Philippines.
claim damages sustained during the pendency of the However, where the summons could not be served
appeal by filing an application in the appellate court, with personally or by substituted service despite diligent
notice to the party in whose favor the attachment was efforts, or the adverse party is a resident of the Philippines
issued or his surety or sureties, before the judgment of temporarily absent therefrom or is a nonresident thereof,
the appellate court becomes executory. The appellate the requirement of prior or contemporaneous service of
court may allow the application to be heard and decided summons shall not apply.
by the trial court. (d) The application for a temporary restraining order shall
Nothing herein contained shall prevent the party against thereafter be acted upon only after all parties are heard in
whom the attachment was issued from recovering in the a summary hearing which shall be conducted within
same action the damages awarded to him from any twenty-four (24) hours after the sheriff's return of service
property of the attaching party not exempt from and/or the records are received by the branch selected by
execution should the bond or deposit given by the latter raffle and to which the records shall be transmitted
be insufficient or fail to fully satisfy the award. (20a) immediately.
Section 5. Preliminary injunction not granted without
RULE 58 Preliminary Injunction notice; exception. — No preliminary injunction shall be
granted without hearing and prior notice to the party or
Section 1. Preliminary injunction defined; classes. — A person sought to be enjoined. If it shall appear from facts
preliminary injunction is an order granted at any stage of shown by affidavits or by the verified application that
an action or proceeding prior to the judgment or final great or irreparable injury would result to the applicant
order, requiring a party or a court, agency or a person to before the matter can be heard on notice, the court to
refrain from a particular act or acts. It may also require which the application for preliminary injunction was
the performance of a particular act or acts, in which case made, may issue ex parte a temporary restraining order
it shall be known as a preliminary mandatory injunction. to be effective only for a period of twenty (20) days from
(1a) service on the party or person sought to be enjoined,
Section 2. Who may grant preliminary injunction. — A except as herein provided. Within the twenty-day period,
preliminary injunction may be granted by the court the court must order said party or person to show cause,
where the action or proceeding is pending. If the action at a specified time and place, why the injunction should
or proceeding is pending in the Court of Appeals or in the not be granted. The court shall also determine, within the
Supreme Court, it may be issued by said court or any same period, whether or not the preliminary injunction
member thereof. (2a) shall be granted, and accordingly issue the corresponding
order.
Section 3. Grounds for issuance of preliminary injunction.
— A preliminary injunction may be granted when it is However, subject to the provisions of the preceding
established: sections, if the matter is of extreme urgency and the
applicant will suffer grave injustice and irreparable injury,
(a) That the applicant is entitled to the relief demanded, the executive judge of a multiple-sala court or the
and the whole or part of such relief consists in restraining presiding judge of a single-sala court may issue ex parte a
the commission or continuance of the act or acts temporary restraining order effective for only seventy-two
complained of, or in requiring the performance of an act (72) hours from issuance, but shall immediately comply
or acts either for a limited period or perpetually; with the provisions of the next preceding section as to
(b) That the commission, continuance or service of summons and the documents to be served
non-performance of the act or acts complained of during therewith. Thereafter, within the aforesaid seventy-two
the litigation would probably work injustice to the (72) hours, the judge before whom the case is pending
applicant; or shall conduct a summary hearing to determine whether
the temporary restraining order shall be extended until
(c) That a party, court, agency or a person is doing,
the application for preliminary injunction can be heard. In
threatening, or is attempting to do, or is procuring or
no case shall the total period of effectivity of the
suffering to be done some act or acts probably in
temporary restraining order exceed twenty (20) days,
violation of the rights of the applicant respecting the
including the original seventy-two hours provided herein.
subject of the action or proceeding, and tending to
render the judgment ineffectual. (3a) In the event that the application for preliminary
injunction is denied or not resolved within the said
Section 4. Verified application and bond for preliminary
period, the temporary restraining order is deemed
injunction or temporary restraining order. — A
automatically vacated. The effectivity of a temporary
preliminary injunction or temporary restraining order
restraining order is not extendible without need of any
may be granted only when:
judicial declaration to that effect, and no court shall have
(a) The application in the action or proceeding is verified, authority to extend or renew the same on the same
and shows facts entitling the applicant to the relief ground for which it was issued.
demanded; and
However, if issued by the Court of Appeals or a member
(b) Unless exempted by the court the applicant files with thereof, the temporary restraining order shall be effective
the court where the action or proceeding is pending, a for sixty (60) days from service on the party or person
bond executed to the party or person enjoined, in an sought to be enjoined. A restraining order issued by the
amount to be fixed by the court, to the effect that the



Supreme Court or a member thereof shall be effective of being wasted or dissipated or materially injured, and
until further orders. that its value is probably insufficient to discharge the
The trial court, the Court of Appeals, the Sandiganbayan mortgage debt, or that the parties have so stipulated in
or the Court of Tax Appeals that issued a writ of the contract of mortgage;
preliminary injunction against a lower court, board, (c) After judgment, to preserve the property during the
officer, or quasi-judicial agency shall decide the main pendency of an appeal, or to dispose of it according to the
case or petition within six (6) months from the issuance of judgment, or to aid execution when the execution has
the writ. been returned unsatisfied or the judgment obligor
(A.M. No. 07-7-12-SC, [December 4, 2007]) refuses to apply his property in satisfaction of the
judgment, or otherwise to carry the judgment into effect;
Section 6. Grounds for objection to, or for motion of
dissolution of, injunction or restraining order. — The (d) Whenever in other cases it appears that the
application for injunction or restraining order may be appointment of a receiver is the most convenient and
denied, upon a showing of its insufficiency. The injunction feasible means of preserving, administering, or disposing
or restraining order may also be denied, or, if granted, of the property in litigation.
may be dissolved, on other grounds upon affidavits of the During the pendency of an appeal, the appellate court
party or person enjoined, which may be opposed by the may allow an application for the appointment of a
applicant also by affidavits. It may further be denied, or if receiver to be filed in and decided by the court of origin
granted, may be dissolved, if it appears after hearing that and the receiver appointed to be subject to the control of
although the applicant is entitled to the injunction or said court. (1a)
restraining order, the issuance or continuance thereof, as Section 2. Bond on appointment of receiver. — Before
the case may be, would cause irreparable damage to the issuing the order appointing a receiver the court shall
party or person enjoined while the applicant can be fully require the applicant to file a bond executed to the party
compensated for such damages as he may suffer, and the against whom the application is presented, in an amount
former files a bond in an amount fixed by the court to be fixed by the court, to the effect that the applicant
conditioned that he will pay all damages which the will pay such party all damages he may sustain by reason
applicant may suffer by the denial or the dissolution of of the appointment of such receiver in case the applicant
the injunction or restraining order. If it appears that the shall have procured such appointment without sufficient
extent of the preliminary injunction or restraining order cause; and the court may, in its discretion, at any time
granted is too great, it may be modified. (6a) after the appointment, require an additional bond as
Section 7. Service of copies of bonds; effect of further security for such damages. (3a)
disapproval of same. — The party filing a bond in Section 3. Denial of application or discharge of receiver.
accordance with the provisions of this Rule shall forthwith — The application may be denied, or the receiver
serve a copy of such bond on the other party, who may discharged, when the adverse party files a bond executed
except to the sufficiency of the bond, or of the surety or to the applicant, in an amount to be fixed by the court, to
sureties thereon. If the applicant's bond is found to be the effect that such party will pay the applicant all
insufficient in amount, or if the surety or sureties thereon damages he may suffer by reason of the acts, omissions,
fail to justify, and a bond sufficient in amount with or other matters specified in the application as ground
sufficient sureties approved after justification is not filed for such appointment. The receiver may also be
forthwith the injunction shall be dissolved. If the bond of discharged if it is shown that his appointment was
the adverse party is found to be insufficient in amount, or obtained without sufficient cause. (4a)
the surety or sureties thereon fail to justify a bond
sufficient in amount with sufficient sureties approved Section 4. Oath and bond of receiver. — Before entering
after justification is not filed forthwith, the injunction upon his duties, the receiver shall be sworn to perform
shall be granted or restored, as the case may be. (8a) them faithfully, and shall file a bond, executed to such
person and in such sum as the court may direct, to the
Section 8. Judgment to include damages against party effect that he will faithfully discharge his duties in the
and sureties. — At the trial, the amount of damages to be action or proceeding and obey the orders of the court.
awarded to either party, upon the bond of the adverse (5a)
party, shall be claimed, ascertained, and awarded under
the same procedure prescribed in section 20 of Rule 57. Section 5. Service of copies of bonds; effect of
(9a) disapproval of same. — The person filing a bond in
accordance with the provisions of this Rule shall forthwith
Section 9. When final injunction granted. — If after the serve a copy thereof on each interested party, who may
trial of the action it appears that the applicant is entitled except to its sufficiency or of the surety or sureties
to have the act or acts complained of permanently thereon. If either the applicant's or the receiver's bond is
enjoined the court shall grant a final injunction found to be insufficient in amount, or if the surety or
perpetually restraining the party or person enjoined from sureties thereon fail to justify, and a bond sufficient in
the commission or continuance of the act or acts of amount with sufficient sureties approved after
confirming the preliminary mandatory injunction. (10a) justification is not filed forthwith, the application shall be
denied or the receiver discharged, as the case may be. If
RULE 59 Receivership the bond of the adverse party is found to be insufficient
in amount or the surety or sureties thereon fail to justify,
Section 1. Appointment of receiver. — Upon a verified and a bond sufficient in amount with sufficient sureties
application, one or more receivers of the property subject approved after justification is not filed forthwith, the
of the action or proceeding may be appointed by the receiver shall be appointed or re-appointed, as the case
court where the action is pending or by the Court of may be. (6a)
Appeals or by the Supreme Court, or a member thereof,
in the following cases: Section 6. General powers of receiver. — Subject to the
control of the court in which the action or proceeding is
(a) When it appears from the verified application, and pending a receiver shall have the power to bring and
such other proof as the court may require, that the party defend, in such capacity, actions in his own name; to take
applying for the appointment of a receiver has an interest and keep possession of the property in controversy; to
in the property or fund which is the subject of the action receive rents; to collect debts due to himself as receiver or
or proceeding, and that such property or fund is in to the fund, property, estate, person, or corporation of
danger of being lost, removed, or materially injured which he is the receiver; to compound for and
unless a receiver be appointed to administer and preserve compromise the same; to make transfers; to pay
it; outstanding debts; to divide the money and other
(b) When it appears in an action by the mortgagee for the property that shall remain among the persons legally
foreclosure of a mortgage that the property is in danger entitled to receive the same; and generally to do such


acts respecting the property as the court may authorize. requiring the sheriff forthwith to take such property into
However, funds in the hands of a receiver may be his custody. (3a)
invested only by order of the court upon the written Section 4. Duty of the sheriff. — Upon receiving such
consent of all the parties to the action. (7a) order, the sheriff must serve a copy thereof on the
No action may be filed by or against a receiver without adverse party, together with a copy of the application,
leave of the court which appointed him. (n) affidavit and bond, and must forthwith take the property,
Section 7. Liability for refusal or neglect to deliver if it be in the possession of the adverse party, or his agent,
property to receiver. — A person who refuses or neglects, and retain it in his custody. If the property or any part
upon reasonable demand, to deliver to the receiver all the thereof be concealed in a building or enclosure, the
property, money, books, deeds, notes, bills, documents sheriff must demand its delivery, and if it be not delivered,
and papers within his power or control, subject of or he must cause the building or enclosure to be broken
involved in the action or proceeding, or in case of open and take the property into his possession. After the
disagreement, as determined and ordered by the court, sheriff has take possession of the property as herein
may be punished for contempt and shall be liable to the provided, he must keep it in a secure place and shall be
receiver for the money or the value of the property and responsible for its delivery to the party entitled thereto
other things so refused or neglected to be surrendered, upon receiving his fees and necessary expenses for taking
together with all damages that may have been sustained and keeping the same. (4a)
by the party or parties entitled thereto as a consequence Section 5. Return of property. — If the adverse party
of such refusal or neglect. (n) objects to the sufficiency of the applicant's bond, or of the
Section 8. Termination of receivership; compensation of surety or sureties thereon, he cannot immediately require
receiver. — Whenever the court, motu proprio or on the return of the property, but if he does not so object, he
motion of either party, shall determine that the necessity may, at any time before the delivery of the property to the
for a receiver no longer exists, it shall, after due notice to applicant, require the return thereof, by filing with the
all interested parties and hearing, settle the accounts of court where the action is pending a bond executed to the
the receiver, direct the delivery of the funds and other applicant, in double the value of the property as stated in
property in his possession to the person adjudged to be the applicant's affidavit for the delivery thereof to the
entitled to receive them and order the discharge of the applicant, if such delivery be adjudged, and for the
receiver from further duty as such. The court shall allow payment of such sum, to him as may be recovered
the receiver such reasonable compensation as the against the adverse party, and by serving a copy of such
circumstances of the case warrant, to be taxed as costs bond on the applicant. (5a)
against the defeated party, or apportioned, as justice Section 6. Disposition of property by sheriff. — If within
requires. (8a) five (5) days after the taking of the property by the sheriff,
Section 9. Judgment to include recovery against sureties. the adverse party does not object to the sufficiency of the
— The amount, if any, to be awarded to any party upon bond, or of the surety or sureties thereon; or if the adverse
any bond filed in accordance with the provisions of this party so objects and the court affirms its approval of the
Rule, shall be claimed, ascertained, and granted under applicant's bond or approves a new bond, or if the
the same procedure prescribed in section 20 of Rule 57. adverse party requires the return of the property but his
(9a) bond is objected to and found insufficient and he does
not forthwith file an approved bond, the property shall be
delivered to the applicant. If for any reason the property is
RULE 60 Replevin not delivered to the applicant, the sheriff must return it to
the adverse party. (6a)
Section 1. Application. — A party praying for the recovery
of possession of personal property may, at the Section 7. Proceedings where property claimed by third
commencement of the action or at any time before person. — If the property taken is claimed by any person
answer, apply for an order for the delivery of such other than the party against whom the writ of replevin
property to him, in the manner hereinafter provided. (1a) had been issued or his agent, and such person makes an
affidavit of his title thereto, or right to the possession
Section 2. Affidavit and bond. — The applicant must thereof, stating the grounds therefor, and serves such
show by his own affidavit or that of some other person affidavit upon the sheriff while the latter has possession
who personally knows the facts: of the property and a copy thereof upon the applicant,
(a) That the applicant is the owner of the property the sheriff shall not be bound to keep the property under
claimed, particularly describing it, or is entitled to the replevin or deliver it to the applicant unless the applicant
possession thereof; or his agent, on demand of said sheriff, shall file a bond
approved by the court to indemnify the third-party
(b) That the property is wrongfully detained by the
claimant in a sum not less than the value of the property
adverse party, alleging the cause of detention thereof
under replevin as provided in section 2 hereof. In case of
according to the best of his knowledge, information, and
disagreement as to such value, the court shall determine
belief ;
the same. No claim for damages for the taking or
(c) That the property has not been distrained or taken for keeping, of the property may be enforced against the
a tax assessment or a fine pursuant to law, or seized bond unless the action therefor is filed within one
under a writ of execution or preliminary attachment, or hundred twenty (120) days from the date of the filing of
otherwise placed under custodia legis, or if so seized, that the bond.
it is exempt from such seizure or custody; and
The sheriff shall not be liable for damages, for the taking
(d) The actual market value of the property. or keeping of such property, to any such third-party
The applicant must also give a bond, executed to the claimant if such bond shall be filed. Nothing herein
adverse party in double the value of the property as contained shall prevent such claimant or any third person
stated in the affidavit aforementioned, for the return of from vindicating his claim to the property, or prevent the
the property to the adverse party if such return be applicant from claiming damages against a third-party
adjudged, and for the payment to the adverse party of claimant who filed a frivolous or plainly spurious claim, in
such sum as he may recover from the applicant in the the same or a separate action.
action. (2a) When the writ of replevin is issued in favor of the
Section 3. Order. — Upon the filing of such affidavit and Republic of the Philippines, or any officer duly
approval of the bond, the court shall issue an order and representing it, the filing of such bond shall not be
the corresponding writ of replevin, describing the required, and in case the sheriff is sued for damages as a
personal property alleged to be wrongfully detained and result of the replevin, he shall be represented by the
Solicitor General, and if held liable therefor, the actual
damages adjudged by the court shall be paid by the



National Treasurer out of the funds to be appropriated for its pendency, in accordance with the procedure
the purpose. (7a) established under this Rule. (n)
Section 8. Return of papers. — The sheriff must file the Section 7. Restitution. — When the judgment or final
order, with his proceedings indorsed, thereon, with the order of the court finds that the person who has been
court within ten (10) days after taking the property providing support pendente lite is not liable therefor, it
mentioned therein. (8a) shall order the recipient thereof to return to the former
Section 9. Judgment. — After trial of the issues the court the amounts already paid with legal interest from the
shall determine who has the right of possession to and dates of actual payment, without prejudice to the right of
the value of the property and shall render judgment in the recipient to obtain reimbursement in a separate
the alternative for the delivery thereof to the party action from the person legally obliged to give the
entitled to the same, or for its value in case delivery support. Should the recipient fail to reimburse said
cannot be made, and also for such damages as either amounts, the person who provided the same may
party may prove, with costs. (9a) likewise seek reimbursement thereof in a separate action
from the person legally obliged to give such support. (n)
Section 10. Judgment to include recovery against
sureties. — The amount, if any, to be awarded to any party Special Civil Actions
upon any bond filed in accordance with the provisions of
this Rule, shall be claimed, ascertained, and granted RULE 62 Interpleader
under the same procedure as prescribed in section 20 of
Rule 57. (10a) Section 1. When interpleader proper. — Whenever
conflicting claims upon the same subject matter are or
may be made against a person who claims no interest
RULE 61 Support Pendente Lite whatever in the subject matter, or an interest which in
Section 1. Application. — At the commencement of the whole or in part is not disputed by the claimants, he may
proper action or proceeding, or at any time prior to the bring an action against the conflicting claimants to
judgment or final order, a verified application for support compel them to interplead and litigate their several
pendente lite may be filed by any party stating the claims among themselves. (1a, R63)
grounds for the claim and the financial conditions of both Section 2. Order. — Upon the filing of the complaint, the
parties, and accompanied by affidavits, depositions or court shall issue an order requiring the conflicting
other authentic documents in support thereof. (1a) claimants to interplead with one another. If the interests
Section 2. Comment. — A copy of the application and all of justice so require, the court may direct in such order
supporting documents shall be served upon the adverse that the subject matter be paid or delivered to the court.
party, who shall have five (5) days to comment thereon (2a, R63)
unless a different period is fixed by the court upon his Section 3. Summons. — Summons shall be served upon
motion. The comment shall be verified and shall be the conflicting claimants, together with a copy of the
accompanied by affidavits, depositions or other authentic complaint and order. (3, R63)
documents in support thereof. (2a, 3a) Section 4. Motion to dismiss. — Within the time for filing
Section 3. Hearing. — After the comment is filed, or after an answer, each claimant may file a motion to dismiss on
the expiration of the period for its filing, the application the ground of impropriety of the interpleader action or on
shall be set for hearing not more than three (3) days other appropriate grounds specified in Rule 16. The period
thereafter. The facts in issue shall be proved in the same to file the answer shall be tolled and if the motion is
manner as is provided for evidence on motions. (4a) denied, the movant may file his answer within the
Section 4. Order. — The court shall determine remaining period, but which shall not be less than five (5)
provisionally the pertinent facts, and shall render such days in any event, reckoned from notice of denial. (n)
orders as justice and equity may require, having the Section 5. Answer and other pleadings. — Each claimant
regard to the probable outcome of the case and such shall file his answer setting forth his claim within fifteen
other circumstances as may aid in the proper resolution (15) days from service of the summons upon him, serving
of the question involved. If the application is granted, the a copy thereof upon each of the other conflicting
court shall fix the amount of money to be provisionally claimants who may file their reply thereto as provided by
paid or such other forms of support as should be these Rules. If any claimant fails to plead within the time
provided, taking into account the necessities of the herein fixed, the court may, on motion, declare him in
applicant and the resources or means of the adverse default and thereafter render judgment barring him from
party, and the terms of payment or mode for providing any claim in respect to the subject matter.
the support. If the application is denied, the principal case The parties in an interpleader action may file
shall be tried and decided as early as possible. (5a) counterclaims, cross-claims, third-party complaints and
Section 5. Enforcement of order. — If the adverse party responsive pleadings thereto, as provided by these Rules.
fails to comply with an order granting support pendente (4a, R63)
lite, the court shall, motu proprio or upon motion; issue Section 6. Determination. — After the pleadings of the
an order of execution against him, without prejudice to conflicting claimants have been filed, and pre-trial has
his liability for contempt. (6a) been conducted in accordance with the Rules, the court
When the person ordered to give support pendente lite shall proceed to determine their respective rights and
refuses or fails to do so, any third person who furnished adjudicate their several claims. (5a, R63)
that support to the applicant may, after due notice and Section 7. Docket and other lawful fees, costs and
hearing in the same case obtain a writ of execution to litigation expenses as liens. — The docket and other
enforce his right of reimbursement against the person lawful fees paid by the party who filed a complaint under
ordered to provide such support. (h) this Rule, as well as the costs and litigation expenses, shall
Section 6. Support in criminal cases. — In criminal constitute a lien or change upon the subject matter of
actions where the civil liability includes support for the the action, unless the court shall order otherwise. (6a,
offspring as a consequence of the crime and the civil R63)
aspect thereof has not been waived, reserved and
instituted prior to its filing, the accused may be ordered
to provide support pendente lite to the child born to the RULE 63 Declaratory Relief and Similar Remedies
offended party allegedly because of the crime. The Section 1. Who may file petition. — Any person interested
application therefor may be filed successively by the under a deed, will, contract or other written instrument,
offended party, her parents, grandparents or guardian or whose rights are affected by a statute, executive order
and the State in the corresponding criminal case during or regulation, ordinance, or any other governmental


regulation may, before breach or violation thereof bring and shall join as respondents the Commission concerned
an action in the appropriate Regional Trial Court to and the person or persons interested in sustaining the
determine any question of construction or validity arising, judgment, final order or resolution a quo. The petition
and for a declaration of his rights or duties, thereunder. shall state the facts with certainty, present clearly the
(Bar Matter No. 803, 17 February 1998) issues involved, set forth the grounds and brief
An action for the reformation of an instrument, to quiet arguments relied upon for review, and pray for judgment
title to real property or remove clouds therefrom, or to annulling or modifying the questioned judgment, final
consolidate ownership under Article 1607 of the Civil order or resolution. Findings of fact of the Commission
Code, may be brought under this Rule. (1a, R64) supported by substantial evidence shall be final and
non-reviewable.
Section 2. Parties. — All persons who have or claim any
interest which would be affected by the declaration shall The petition shall be accompanied by a clearly legible
be made parties; and no declaration shall, except as duplicate original or certified true copy of the judgment,
otherwise provided in these Rules, prejudice the rights of final order or resolution subject thereof, together with
persons not parties to the action. (2a, R64) certified true copies of such material portions of the
record as are referred to therein and other documents
Section 3. Notice on Solicitor General. — In any action relevant and pertinent thereto. The requisite number of
which involves the validity of a statute, executive order or copies of the petition shall contain plain copies of all
regulation, or any other governmental regulation, the documents attached to the original copy of said petition.
Solicitor General shall be notified by the party assailing
the same and shall be entitled to be heard upon such The petition shall state the specific material dates
question. (3a, R64) showing that it was filed within the period fixed herein,
and shall contain a sworn certification against forum
Section 4. Local government ordinances. — In any action shopping as provided in the third paragraph of section 3,
involving the validity of a local government ordinance, the Rule 46.
corresponding prosecutor or attorney of the local
governmental unit involved shall be similarly notified and The petition shall further be accompanied by proof of
entitled to be heard. If such ordinance is alleged to be service of a copy thereof on the Commission concerned
unconstitutional, the Solicitor General shall also be and on the adverse party, and of the timely payment of
notified and entitled to be heard. (4a, R64) docket and other lawful fees.
Section 5. Court action discretionary. — Except in actions The failure of petitioner to comply with any of the
falling under the second paragraph of section 1 of this foregoing requirements shall be sufficient ground for the
Rule, the court, motu proprio or upon motion, may refuse dismissal of the petition. (n)
to exercise the power to declare rights and to construe Section 6. Order to comment. — If the Supreme Court
instruments in any case where a decision would not finds the petition sufficient in form and substance, it shall
terminate the uncertainty or controversy which gave rise order the respondents to file their comments on the
to the action, or in any case where the declaration or petition within ten (10) days from notice thereof;
construction is not necessary and proper under the otherwise, the Court may dismiss the petition outright.
circumstances. (5a, R64) The Court may also dismiss the petition if it was filed
Section 6. Conversion into ordinary action. — If before manifestly for delay or the questions raised are too
the final termination of the case, a breach or violation of unsubstantial to warrant further proceedings. (n)
an instrument or a statute, executive order or regulation, Section 7. Comments of respondents. — The comments
ordinance, or any other governmental regulation should of the respondents shall be filed in eighteen (18) legible
take place, the action may thereupon be converted into copies. The original shall be accompanied by certified
an ordinary action, and the parties shall be allowed to file true copies of such material portions of the record as are
such pleadings as may be necessary or proper. (6a, R64) referred to therein together with other supporting
papers. The requisite number of copies of the comments
shall contain plain copies of all documents attached to
RULE 64 Review of Judgments and Final Orders or the original and a copy thereof shall be served on the
Resolutions of the Commission on Elections and the petitioner.
Commission on Audit No other pleading may be filed by any party unless
Section 1. Scope. — This Rule shall govern the review of required or allowed by the Court. (n)
judgments and final orders or resolutions of the Section 8. Effect of filing. — The filing of a petition for
Commission on Elections and the Commission on Audit. certiorari shall not stay the execution of the judgment or
(n) final order or resolution sought to be reviewed, unless the
Section 2. Mode of review. — A judgment or final order or Supreme Court shall direct otherwise upon such terms as
resolution of the Commission on Elections and the it may deem just. (n)
Commission on Audit may be brought by the aggrieved Section 9. Submission for decision. — Unless the Court
party to the Supreme Court on certiorari under Rule 65, sets the case for oral argument, or requires the parties to
except as hereinafter provided. (n; Bar Matter No. 803, 17 submit memoranda, the case shall be deemed submitted
February 1998) for decision upon the filing of the comments on the
Section 3. Time to file petition. — The petition shall be petition, or of such other pleadings or papers as may be
filed within thirty (30) days from notice of the judgment required or allowed, or the expiration of the period to do
or final order or resolution sought to be reviewed. The so. (n)
filing of a motion for new trial or reconsideration of said
judgment or final order or resolution, if allowed under the RULE 65 Certiorari, Prohibition and Mandamus
procedural rules of the Commission concerned, shall
interrupt the period herein fixed. If the motion is denied, Section 1. Petition for certiorari. — When any tribunal,
the aggrieved party may file the petition within the board or officer exercising judicial or quasi-judicial
remaining period, but which shall not be less than five (5) functions has acted without or in excess its or his
days in any event, reckoned from notice of denial. (n) jurisdiction, or with grave abuse of discretion amounting
to lack or excess of jurisdiction, and there is no appeal, or
Section 4. Docket and other lawful fees. — Upon the any plain, speedy, and adequate remedy in the ordinary
filing of the petition, the petitioner shall pay to the clerk course of law, a person aggrieved thereby may file a
of court the docket and other lawful fees and deposit the verified petition in the proper court, alleging the facts
amount of P500.00 for costs. (n) with certainty and praying that judgment be rendered
Section 5. Form and contents of petition. — The petition annulling or modifying the proceedings of such tribunal,
shall be verified and filed in eighteen (18) legible copies.
The petition shall name the aggrieved party as petitioner



board or officer, and granting such incidental reliefs as respondent or respondents with such public respondent
law and justice may require. or respondents, the person or persons interested in
The petition shall be accompanied by a certified true sustaining the proceedings in the court; and it shall be
copy of the judgment, order or resolution subject thereof, the duty of such private respondents to appear and
copies of all pleadings and documents relevant and defend, both in his or their own behalf and in behalf of
pertinent thereto, and a sworn certification of non-forum the public respondent or respondents affected by the
shopping as provided in the third paragraph of section 3, proceedings, and the costs awarded in such proceedings
Rule 46. (1a) in favor of the petitioner shall be against the private
respondents only, and not against the judge, court,
Section 2. Petition for prohibition. — When the quasi-judicial agency, tribunal, corporation, board, officer
proceedings of any tribunal, corporation, board, officer or or person impleaded as public respondent or
person, whether exercising judicial, quasi-judicial or respondents.
ministerial functions, are without or in excess of its or his
jurisdiction, or with grave abuse of discretion amounting Unless otherwise specifically directed by the court where
to lack or excess of jurisdiction, and there is no appeal or the petition is pending, the public respondents shall not
any other plain, speedy, and adequate remedy in the appear in or file an answer or comment to the petition or
ordinary course of law, a person aggrieved thereby may any pleading therein. If the case is elevated to a higher
file a verified petition in the proper court, alleging the court by either party, the public respondents shall be
facts with certainty and praying that judgment be included therein as nominal parties. However, unless
rendered commanding the respondent to desist from otherwise specifically directed by the court, they shall not
further proceedings in the action or matter specified appear or participate in the proceedings therein. (5a)
therein, or otherwise granting such incidental reliefs as Section 6. Order to comment. — If the petition is
law and justice may require. sufficient in form and substance to justify such process,
The petition shall likewise be accompanied by a certified the court shall issue an order requiring the respondent or
true copy of the judgment, order or resolution subject respondents to comment on the petition within ten (10)
thereof, copies of all pleadings and documents relevant days from receipt of a copy thereof. Such order shall be
and pertinent thereto, and a sworn certification of served on the respondents in such manner as the court
non-forum shopping as provided in the third paragraph may direct together with a copy of the petition and any
of section 3, Rule 46. (2a) annexes thereto.
Section 3. Petition for mandamus. — When any tribunal, In petitions for certiorari before the Supreme Court and
corporation, board, officer or person unlawfully neglects the Court of Appeals, the provisions of section 2, Rule 56,
the performance of an act which the law specifically shall be observed. Before giving due course thereto, the
enjoins as a duty resulting from an office, trust, or station, court may require the respondents to file their comment
or unlawfully excludes another from the use and to, and not a motion to dismiss, the petition. Thereafter,
enjoyment of a right or office to which such other is the court may require the filing of a reply and such other
entitled, and there is no other plain, speedy and adequate responsive or other pleadings as it may deem necessary
remedy in the ordinary course of law, the person and proper. (6a)
aggrieved thereby may file a verified petition in the Section 7. Expediting proceedings; injunctive relief. —
proper court, alleging the facts with certainty and praying The court in which the petition is filed may issue orders
that judgment be rendered commanding the expediting the proceedings, and it may also grant a
respondent, immediately or at some other time to be temporary restraining order or a writ of preliminary
specified by the court, to do the act required to be done injunction for the preservation of the rights of the parties
to protect the rights of the petitioner, and to pay the pending such proceedings. The petition shall not
damages sustained by the petitioner by reason of the interrupt the course of the principal case, unless a
wrongful acts of the respondent. temporary restraining order or a writ of preliminary
The petition shall also contain a sworn certification of injunction has been issued, enjoining the public
non-forum shopping as provided in the third paragraph respondent from further proceeding with the case.
of section 3, Rule 46. (3a) The public respondent shall proceed with the principal
Section 4. When and where petition filed. — The petition case within ten (10) days from the filing of a petition for
shall be filed not later than sixty (60) days from notice of certiorari with a higher court or tribunal, absent a
the judgment, order or resolution. In case a motion for temporary restraining order or a preliminary injunction,
reconsideration or new trial is timely filed, whether such or upon its expiration. Failure of the public respondent to
motion is required or not, the petition shall be filed not proceed with the principal case may be a ground for an
later than sixty (60) days counted from the notice of the administrative charge. (7a)
denial of the motion. (A.M. No. 07-7-12-SC, [December 4, 2007])
If the petition relates to an act or an omission of a Section 8. Proceedings after comment is filed. — After
municipal trial court or of a corporation, a board, an the comment or other pleadings required by the court
officer or a person, it shall be filed with the Regional Trial are filed, or the time for the filing thereof has expired, the
Court exercising jurisdiction over the territorial area as court may hear the case or require the parties to submit
defined by the Supreme Court. It may also be filed with memoranda. If, after such hearing or filing of memoranda
the Court of Appeals or with the Sandiganbayan, whether or upon the expiration of the period for filing, the court
or not the same is in aid of the court's appellate finds that the allegations of the petition are true, it shall
jurisdiction. If the petition involves an act or an omission render judgment for such relief to which the petitioner is
of a quasi-judicial agency, unless otherwise provided by entitled.
law or these rules, the petition shall be filed with and be However, the court may dismiss the petition if it finds the
cognizable only by the Court of Appeals. same patently without merit or prosecuted manifestly for
In election cases involving an act or an omission of a delay, or if the questions raised therein are too
municipal or a regional trial court, the petition shall be unsubstantial to require consideration. In such event, the
filed exclusively with the Commission on Elections, in aid court may award in favor of the respondent treble costs
of its appellate jurisdiction. solidarily against the petitioner and counsel, in addition
(4a) (Bar Matter No. 803, 21 July 1998; A.M. No. 00-2-03-SC, to subjecting counsel to administrative sanctions under
A.M. No. 07-7-12-SC) Rules 139 and 139-B of the Rules of Court.
Section 5. Respondents and costs in certain cases. — The Court may impose motu proprio, based on res ipsa
When the petition filed relates to the acts or omissions of loquitur, other disciplinary sanctions or measures on
a judge, court, quasi-judicial agency, tribunal, corporation, erring lawyers for patently dilatory and unmeritorious
board, officer or person, the petitioner shall join, as private petitions for certiorari. (8a)


(A.M. No. 07-7-12-SC, [December 4, 2007]) Regional Trial Court in the City of Manila, in the Court of
Section 9. Service and enforcement of order or Appeals, or in the Supreme Court. (8a)
judgment. — A certified copy of the judgment rendered Section 8. Period for pleadings and proceedings may be
in accordance with the last preceding section shall be reduced; action given precedence. — The court may
served upon the court, quasi-judicial agency, tribunal, reduce the period provided by these Rules for filing
corporation, board, officer or person concerned in such pleadings and for all other proceedings in the action in
manner as the court may direct, and disobedience order to secure the most expeditious determination of
thereto shall be punished as contempt. An execution may the matters involved therein consistent with the rights of
issue for any damages or costs awarded in accordance the parties. Such action may be given precedence over
with section 1 of Rule 39. (9a) any other civil matter pending in the court. (9a)
Section 9. Judgment where usurpation found. — When
RULE 66 Quo Warranto the respondent is found guilty of usurping into, intruding
into, or unlawfully holding or exercising a public office,
Section 1. Action by Government against individuals. — position or franchise, judgment shall be rendered that
An action for the usurpation of a public office, position or such respondent be ousted and altogether excluded
franchise may be commenced by a verified petition therefrom, and that the petitioner or relator, as the case
brought in the name of the Republic of the Philippines may be, recover his costs. Such further judgment may be
against: rendered determining the respective rights in and to the
(a) A person who usurps, intrudes into, or unlawfully holds public office, position or franchise of all the parties to the
or exercises a public office, position or franchise; action as justice requires. (10a)
(b) A public officer who does or suffers an act which, by Section 10. Rights of persons adjudged entitled to public
the provision of law, constitutes a ground for the office; delivery of books and papers; damages. — If
forfeiture of his office; or judgment be rendered in favor of the person averred in
the complaint to be entitled to the public office he may,
(c) An association which acts as a corporation within the after taking the oath of office and executing any official
Philippines without being legally incorporated or without bond required by law, take upon himself the execution of
lawful authority so to act. (1a) the office, and may immediately thereafter demand of
Section 2. When Solicitor General or public prosecutor the respondent all the books and papers in the
must commence action. — The Solicitor General or a respondent's custody or control appertaining to the office
public prosecutor, when directed by the President of the to which the judgment relates. If the respondent refuses
Philippines, or when upon complaint or otherwise he has or neglects to deliver any book or paper pursuant to such
good reason to believe that any case specified in the demand, he may be punished for contempt as having
preceding section can be established by proof, must disobeyed a lawful order of the court. The person
commence such action. (3a) adjudged entitled to the office may also bring action
against the respondent to recover the damages
Section 3. When Solicitor General or public prosecutor
sustained by such person by reason of the usurpation.
may commence action with permission of court. — The
(15a)
Solicitor General or a public prosecutor may, with the
permission of the court in which the action is to be Section 11. Limitations. — Nothing contained in this Rule
commenced, bring such an action at the request and shall be construed to authorize an action against a public
upon the relation of another person; but in such case the officer or employee for his ouster from office unless the
officer bringing it may first require an indemnity for the same be commenced within one (1) year after the cause
expenses and costs of the action in an amount approved of such ouster, or the right of the petitioner to hold such
by and to be deposited in the court by the person at office or position, arose, nor to authorize an action for
whose request and upon whose relation the same is damages in accordance with the provisions of the next
brought. (4a) preceding section unless the same be commenced
within one (1) year after the entry of the judgment
Section 4. When hearing had on application for
establishing the petitioner's right to the office in
permission to commence action. — Upon application for
question. (16a)
permission to commence such action in accordance with
the next preceding section, the court shall direct that Section 12. Judgment for costs. — In an action brought in
notice be given to the respondent so that he may be accordance with the provisions of this Rule, the court may
heard in opposition thereto; and if permission is granted, render judgment for costs against either the petitioner,
the court shall issue an order to that effect, copies of the relator, or the respondent, or the person or persons
which shall be served on all interested parties, and the claiming to be a corporation, or may apportion the costs,
petition shall then be filed within the period ordered by as justice requires. (17a)
the court. (5a)
Section 5. When an individual may commence such an RULE 67 Expropriation
action. — A person claiming to be entitled to a public
office or position usurped or unlawfully held or exercised Section 1. The complaint. — The right of eminent domain
by another may bring an action therefor in his own name. shall be exercised by the filing of a verified complaint
(6) which shall state with certainty the right and purpose of
expropriation, describe the real or personal property
Section 6. Parties and contents of petition against sought to be expropriated, and join as defendants all
usurpation. — When the action is against a person for persons owning or claiming to own, or occupying, any
usurping a public office, position or franchise, the petition part thereof or interest therein, showing, so far as
shall set forth the name of the person who claim to be practicable, the separate interest of each defendant. If the
entitled thereto, if any, with an averment of his right to title to any property sought to be expropriated appears to
the same and that the respondent is unlawfully in be in the Republic of the Philippines, although occupied
possession thereof. All persons who claim to be entitled by private individuals, or if the title is otherwise obscure or
to the public office, position or franchise may be made doubtful so that the plaintiff cannot with accuracy or
parties, and their respective rights to such public office, certainty specify who are the real owners, averment to
position or franchise determined, in the same action. (7a) that effect shall be made in the complaint. (1a)
Section 7. Venue. — An action under the preceding six Section 2. Entry of plaintiff upon depositing value with
sections can be brought only in the Supreme Court, the authorized government depositary. — Upon the filing of
Court of Appeals, or in the Regional Trial Court exercising the complaint or at any time thereafter and after due
jurisdiction over the territorial area where the respondent notice to the defendant, the plaintiff shall have the right
or any of the respondents resides, but when the Solicitor to take or enter upon the possession of the real property
General commences the action, it may be brought in a involved if he deposits with the authorized government



depositary an amount equivalent to the assessed value of days from service, and shall be resolved within thirty (30)
the property for purposes of taxation to be held by such days after all the commissioners shall have received
bank subject to the orders of the court. Such deposit shall copies of the objections. (5a)
be in money, unless in lieu thereof the court authorizes Section 6. Proceedings by commissioners. — Before
the deposit of a certificate of deposit of a government entering upon the performance of their duties, the
bank of the Republic of the Philippines payable on commissioners shall take and subscribe an oath that they
demand to the authorized government depositary. will faithfully perform their duties as commissioners,
If personal property is involved, its value shall be which oath shall be filed in court with the other
provisionally ascertained and the amount to be deposited proceedings in the case. Evidence may be introduced by
shall be promptly fixed by the court. either party before the commissioners who are
After such deposit is made the court shall order the authorized to administer oaths on hearings before them,
sheriff or other proper officer to forthwith place the and the commissioners shall, unless the parties consent
plaintiff in possession of the property involved and to the contrary, after due notice to the parties, to attend,
promptly submit a report thereof to the court with view and examine the property sought to be expropriated
service of copies to the parties. (2a) and its surroundings, and may measure the same, after
which either party may, by himself or counsel, argue the
Section 3. Defenses and objections. — If a defendant has case. The commissioners shall assess the consequential
no objection or defense to the action or the taking of his damages to the property not taken and deduct from
property, he may file and serve a notice of appearance such consequential damages the consequential benefits
and a manifestation to that effect, specifically to be derived by the owner from the public use or
designating or identifying the property in which he purpose of the property taken, the operation of its
claims to be interested, within the time stated in the franchise by the corporation or the carrying on of the
summons. Thereafter, he shall be entitled to notice of all business of the corporation or person taking the property.
proceedings affecting the same. But in no case shall the consequential benefits assessed
If a defendant has any objection to the filing of or the exceed the consequential damages assessed, or the
allegations in the complaint, or any objection or defense owner be deprived of the actual value of his property so
to the taking of his property, he shall serve his answer taken. (6a)
within the time stated in the summons. The answer shall Section 7. Report by commissioners and judgment
specifically designate or identify the property in which he thereupon. — The court may order the commissioners to
claims to have an interest, state the nature and extent of report when any particular portion of the real estate shall
the interest claimed, and adduce all his objections and have been passed upon by them, and may render
defenses to the taking of his property. No counterclaim, judgment upon such partial report, and direct the
cross-claim or third-party complaint shall be alleged or commissioners to proceed with their work as to
allowed in the answer or any subsequent pleading. subsequent portions of the property sought to be
A defendant waives all defenses and objections not so expropriated, and may from time to time so deal with
alleged but the court, in the interest of justice, may such property. The commissioners shall make a full and
permit amendments to the answer to be made not later accurate report to the court of all their proceedings, and
than ten (10) days from the filing thereof. However, at the such proceedings shall not be effectual until the court
trial of the issue of just compensation whether or not a shall have accepted their report and rendered judgment
defendant has previously appeared or answered, he may in accordance with their recommendations. Except as
present evidence as to the amount of the compensation otherwise expressly ordered by the court, such report
to be paid for his property, and he may share in the shall be filed within sixty (60) days from the date the
distribution of the award. (n) commissioners were notified of their appointment, which
time may be extended in the discretion of the court.
Section 4. Order of expropriation. — If the objections to Upon the filing of such report, the clerk of the court shall
and the defenses against the right of the plaintiff to serve copies thereof on all interested parties, with notice
expropriate the property are overruled, or when no party that they are allowed ten (10) days within which to file
appears to defend as required by this Rule, the court may objections to the findings of the report, if they so desire.
issue an order of expropriation declaring that the plaintiff (7a)
has a lawful right to take the property sought to be
expropriated, for the public use or purpose described in Section 8. Action upon commissioners' report. — Upon
the complaint, upon the payment of just compensation the expiration of the period of ten (10) days referred to in
to be determined as of the date of the taking of the the preceding section, or even before the expiration of
property or the filing of the complaint, whichever came such period but after all the interested parties have filed
first. their objections to the report or their statement of
agreement therewith, the court may, after hearing,
A final order sustaining the right to expropriate the accept the report and render judgment in accordance
property may be appealed by any party aggrieved therewith, or, for cause shown, it may recommit the same
thereby. Such appeal, however, shall not prevent the to the commissioners for further report of facts, or it may
court from determining the just compensation to be set aside the report and appoint new commissioners; or it
paid. may accept the report in part and reject it in part and it
After the rendition of such an order, the plaintiff shall not may make such order or render such judgment as shall
be permitted to dismiss or discontinue the proceeding secure to the plaintiff the property essential to the
except on such terms as the court deems just and exercise of his right of expropriation, and to the
equitable. (4a) defendant just compensation for the property so taken.
(8a)
Section 5. Ascertainment of compensation. — Upon the
rendition of the order of expropriation, the court shall Section 9. Uncertain ownership; conflicting claims. — If
appoint not more than three (3) competent and the ownership of the property taken is uncertain, or there
disinterested persons as commissioners to ascertain and are conflicting claims to any part thereof, the court may
report to the court the just compensation for the order any sum or sums awarded as compensation for the
property sought to be taken. The order of appointment property to be paid to the court for the benefit of the
shall designate the time and place of the first session of person adjudged in the same proceeding to be entitled
the hearing to be held by the commissioners and specify thereto. But the judgment shall require the payment of
the time within which their report shall be submitted to the sum or sums awarded to either the defendant or the
the court. court before the plaintiff can enter upon the property, or
retain it for the public use or purpose if entry has already
Copies of the order shall be served on the parties. been made. (9a)
Objections to the appointment of any of the
commissioners shall be filed with the court within ten (10)


Section 10. Rights of plaintiff after judgment and render judgment for the sum so found due and order
payment. — Upon payment by the plaintiff to the that the same be paid to the court or to the judgment
defendant of the compensation fixed by the judgment, obligee within a period of not less than ninety (90) days
with legal interest thereon from the taking of the nor more than one hundred twenty (120) days from the
possession of the property, or after tender to him of the entry of judgment, and that in default of such payment
amount so fixed and payment of the costs, the plaintiff the property shall be sold at public auction to satisfy the
shall have the right to enter upon the property judgment. (2a)
expropriated and to appropriate it for the public use or Section 3. Sale of mortgaged property; effect. — When
purpose defined in the judgment, or to retain it should he the defendant, after being directed to do so as provided
have taken immediate possession thereof under the in the next preceding section, fails to pay the amount of
provisions of section 2 hereof. If the defendant and his the judgment within the period specified therein, the
counsel absent themselves from the court, or decline to court, upon motion, shall order the property to be sold in
receive the amount tendered, the same shall be ordered the manner and under the provisions of Rule 39 and
to be deposited in court and such deposit shall have the other regulations governing sales of real estate under
same effect as actual payment thereof to the defendant execution. Such sale shall not affect the rights of persons
or the person ultimately adjudged entitled thereto. (10a) holding prior encumbrances upon the property or a part
Section 11. Entry not delayed by appeal; effect of reversal. thereof, and when confirmed by an order of the court,
— The right of the plaintiff to enter upon the property of also upon motion, it shall operate to divest the rights in
the defendant and appropriate the same for public use or the property of all the parties to the action and to vest
purpose shall not be delayed by an appeal from the their rights in the purchaser, subject to such rights of
judgment. But if the appellate court determines that redemption as may be allowed by law.
plaintiff has no right of expropriation, judgment shall be Upon the finality of the order of confirmation or upon the
rendered ordering the Regional Trial Court to forthwith expiration of the period of redemption when allowed by
enforce the restoration to the defendant of the law, the purchaser at the auction sale or last
possession of the property, and to determine the redemptioner, if any, shall be entitled to the possession of
damages which the defendant sustained and may the property unless a third party is actually holding the
recover by reason of the possession taken by the plaintiff. same adversely to the judgment obligor. The said
(11a) purchaser or last redemptioner may secure a writ of
Section 12. Costs, by whom paid. — The fees of the possession, upon motion, from the court which ordered
commissioners shall be taxed as a part of the costs of the the foreclosure. (3a)
proceedings. All costs, except those of rival claimants Section 4. Disposition of proceeds of sale. — The amount
litigating their claims, shall be paid by the plaintiff, unless realized from the foreclosure sale of the mortgaged
an appeal is taken by the owner of the property and the property shall, after deducting the costs of the sale, be
judgment is affirmed, in which event the costs of the paid to the person foreclosing the mortgage, and when
appeal shall be paid by the owner. (12a) there shall be any balance or residue, after paying off the
Section 13. Recording judgment, and its effect. — The mortgage debt due, the same shall be paid to junior
judgment entered in expropriation proceedings shall encumbrancers in the order of their priority, to be
state definitely, by an adequate description, the particular ascertained by the court, or if there be no such
property or interest therein expropriated, and the nature encumbrancers or there be a balance or residue after
of the public use or purpose for which it is expropriated. payment to them, then to the mortgagor or his duly
When real estate is expropriated, a certified copy of such authorized agent, or to the person entitled to it. (4a)
judgment shall be recorded in the registry of deeds of the Section 5. How sale to proceed in case the debt is not all
place in which the property is situated, and its effect shall due. — If the debt for which the mortgage or
be to vest in the plaintiff the title to the real estate so encumbrance was held is not all due as provided in the
described for such public use or purpose. (13a) judgment as soon as a sufficient portion of the property
Section 14. Power of guardian in such proceedings. — has been sold to pay the total amount and the costs due,
The guardian or guardian ad litem of a minor or of a the sale shall terminate; and afterwards as often as more
person judicially declared to be incompetent may, with becomes due for principal or interest and other valid
the approval of the court first had, do and perform on charges, the court may, on motion, order more to be sold.
behalf of his ward any act, matter, or thing respecting the But if the property cannot be sold in portions without
expropriation for public use or purpose of property prejudice to the parties, the whole shall be ordered to be
belonging to such minor or person judicially declared to sold in the first instance, and the entire debt and costs
be incompetent, which such minor or person judicially shall be paid, if the proceeds of the sale be sufficient
declared to be incompetent could do in such proceedings therefor, there being a rebate of interest where such
if he were of age or competent. (14a) rebate is proper. (5a)
Section 6. Deficiency judgment. — If upon the sale of any
RULE 68 Foreclosure of Real Estate Mortgage real property as provided in the next preceding section
there be a balance due to the plaintiff after applying the
Section 1. Complaint in action for foreclosure. — In an proceeds of the sale, the court, upon motion, shall render
action for the foreclosure of a mortgage or other judgment against the defendant for any such balance for
encumbrance upon real estate, the complaint shall set which, by the record of the case, he may be personally
forth the date and due execution of the mortgage; its liable to the plaintiff, upon which execution may issue
assignments, if any; the names and residences of the immediately if the balance is all due at the time of the
mortgagor and the mortgagee; a description of the rendition of the judgment; otherwise; the plaintiff shall be
mortgaged property; a statement of the date of the note entitled to execution at such time as the balance
or other documentary evidence of the obligation secured remaining becomes due under the terms of the original
by the mortgage, the amount claimed to be unpaid contract, which time shall be stated in the judgment. (6a)
thereon; and the names and residences of all persons
having or claiming an interest in the property Section 7. Registration. — A certified copy of the final
subordinate in right to that of the holder of the mortgage, order of the court confirming the sale shall be registered
all of whom shall be made defendants in the action. (1a) in the registry of deeds. If no right of redemption exists,
the certificate of title in the name of the mortgagor shall
Section 2. Judgment on foreclosure for payment or sale. be cancelled, and a new one issued in the name of the
— If upon the trial in such action the court shall find the purchaser.
facts set forth in the complaint to be true, it shall
ascertain the amount due to the plaintiff upon the Where a right of redemption exists, the certificate of title
mortgage debt or obligation, including interest and other in the name of the mortgagor shall not be cancelled, but
charges as approved by the court, and costs, and shall the certificate of sale and the order confirming the sale
shall be registered and a brief memorandum thereof



made by the registrar of deeds upon the certificate of make a full and accurate report to the court of all their
title. In the event the property is redeemed, the deed of proceedings as to the partition, or the assignment of real
redemption shall be registered with the registry of deeds, estate to one of the parties, or the sale of the same. Upon
and a brief memorandum thereof shall be made by the the filing of such report, the clerk of court shall serve
registrar of deeds on said certificate of title. copies thereof on all the interested parties with notice
If the property is not redeemed, the final deed of sale that they are allowed ten (10) days within which to file
executed by the sheriff in favor of the purchaser at the objections to the findings of the report, if they so desire.
foreclosure sale shall be registered with the registry of No proceeding had before or conducted by the
deeds; whereupon the certificate of title in the name of commissioners and rendered judgment thereon. (6a)
the mortgagor shall be cancelled and a new one issued in Section 7. Action of the court upon commissioners
the name of the purchaser. (n) report. — Upon the expiration of the period of ten (10)
Section 8. Applicability of other provisions. — The days referred to in the preceding section or even before
provisions of sections 31, 32 and 34 of Rule 39 shall be the expiration of such period but after the interested
applicable to the judicial foreclosure of real estate parties have filed their objections to the report or their
mortgages under this Rule insofar as the former are not statement of agreement therewith the court may, upon
inconsistent with or may serve to supplement the hearing, accept the report and render judgment in
provisions of the latter. (8a) accordance therewith, or, for cause shown recommit the
same to the commissioners for further report of facts; or
set aside the report and appoint new commissioners; or
RULE 69 Partition accept the report in part and reject it in part; and may
make such order and render such judgment as shall
Section 1. Complaint in action for partition of real estate. effectuate a fair and just partition of the real estate, or of
— A person having the right to compel the partition of its value, if assigned or sold as above provided, between
real estate may do so as provided in this Rule, setting the several owners thereof. (7)
forth in his complaint the nature and extent of his title
and an adequate description of the real estate of which Section 8. Accounting for rent and profits in action for
partition is demanded and joining as defendants all other partition. — In an action for partition in accordance with
persons interested in the property. (1a) this Rule, a party shall recover from another his just share
of rents and profits received by such other party from the
Section 2. Order for partition and partition by agreement real estate in question, and the judgment shall include an
thereunder. — If after the trial the court finds that the allowance for such rents and profits. (8a)
plaintiff has the right thereto, it shall order the partition of
the real estate among all the parties in interest. Section 9. Power of guardian in such proceedings. — The
Thereupon the parties may, if they are able to agree, guardian or guardian ad litem of a minor or person
make the partition among themselves by proper judicially declared to be incompetent may, with the
instruments of conveyance, and the court shall confirm approval of the court first had, do and perform on behalf
the partition so agreed upon by all the parties, and such of his ward any act, matter, or thing respecting the
partition, together with the order of the court confirming partition of real estate, which the minor or person
the same, shall be recorded in the registry of deeds of the judicially declared to be incompetent could do in
place in which the property is situated. (2a) partition proceedings if he were of age or competent. (9a)
A final order decreeing partition and accounting may be Section 10. Costs and expenses to be taxed and
appealed by any party aggrieved thereby. (n) collected. — The court shall equitably tax and apportion
between or among the parties the costs and expenses
Section 3. Commissioners to make partition when which accrue in the action, including the compensation
parties fail to agree. — If the parties are unable to agree of the commissioners, having regard to the interests of
upon the partition, the court shall appoint not more than the parties, and execution may issue therefor as in other
three (3) competent and disinterested persons as cases. (10a)
commissioners to make the partition, commanding them
to set off to the plaintiff and to each party in interest such Section 11. The judgment and its effect; copy to be
part and proportion of the property as the court shall recorded in registry of deeds. — If actual partition of
direct. (3a) property is made, the judgment shall state definitely, by
metes and bounds and adequate description, the
Section 4. Oath and duties of commissioners. — Before particular portion of the real estate assigned to each
making such partition; the commissioners shall take and party, and the effect of the judgment shall be to vest in
subscribe an oath that they will faithfully perform their each party to the action in severalty the portion of the real
duties as commissioners, which oath shall be filed in estate assigned to him. If the whole property is assigned
court with the other proceedings in the case. In making to one of the parties upon his paying to the others the
the partition, the commissioners shall view and examine sum or sums ordered by the court, the judgment shall
the real estate, after due notice to the parties to attend at state the fact of such payment and of the assignment of
such view and examination, and shall hear the parties as the real estate to the party making the payment, and the
to their preference in the portion of the property to be set effect of the judgment shall be to vest in the party
apart to them and the comparative value thereof, and making the payment the whole of the real estate free
shall set apart the same to the parties in lots or parcels as from any interest on the part of the other parties to the
will be most advantageous and equitable, having due action. If the property is sold and the sale confirmed by
regard to the improvements, situation and quality of the the court, the judgment shall state the name of the
different parts thereof. (4a) purchaser or purchasers and a definite description of the
Section 5. Assignment or sale of real estate by parcels of real estate sold to each purchaser, and the
commissioners. — When it is made to appear to the effect of the judgment shall be to vest the real estate in
commissioners that the real state, or a portion thereof, the purchaser or purchasers making the payment or
cannot be divided without prejudice to the interests of payments, free from the claims of any of the parties to
the parties, the court may order it assigned to one of the the action. A certified copy of the judgment shall in either
parties willing to take the same, provided he pays to the case be recorded in the registry of deeds of the place in
other parties such amount as the commissioners deem which the real estate is situated, and the expenses of such
equitable, unless one of the interested parties asks that recording shall be taxed as part of the costs of the action.
the property be sold instead of being so assigned, in (11a)
which case the court shall order the commissioners to sell Section 12. Neither paramount rights nor amicable
the real estate at public sale under such conditions and partition affected by this Rule. — Nothing in this Rule
within such time as the court may determine. (5a) contained shall be construed so as to prejudice, defeat, or
Section 6. Report of commissioners; proceedings not destroy the right or title of any person claiming the real
binding until confirmed. — The commissioners shall estate involved by title under any other person, or by title



paramount to the title of the parties among whom the claimed for being excessive or otherwise unconscionable,
partition may have been made, nor so as to restrict or without prejudice to the applicability of section 3 (c), Rule
prevent persons holding real estate jointly or in common 9 if there are two or more defendants.
from making an amicable partition thereof by agreement (6, RSP)
and suitable instruments of conveyance without recourse
to an action. (12a) Section 8. Preliminary conference; appearance of
parties. — Not later than thirty (30) days after the last
Section 13. Partition of personal property. — The answer is filed, a preliminary conference shall be held.
provisions of this Rule shall apply to partitions of estates The provisions of Rule 18 on pre-trial shall be applicable to
composed of personal property, or of both real and the preliminary conference unless inconsistent with the
personal property, in so far as the same may be provisions of this Rule.
applicable. (13)
The failure of the plaintiff to appear in the preliminary
conference shall be cause for the dismissal of his
RULE 70 Forcible Entry and Unlawful Detainer complaint. The defendant who appears in the absence of
Section 1. Who may institute proceedings, and when. — the plaintiff shall be entitled to judgment on his
Subject to the provisions of the next succeeding section, counterclaim in accordance with the next preceding
a person deprived of the possession of any land or section. All cross-claims shall be dismissed. (7, RSP)
building by force, intimidation, threat, strategy, or stealth, If a sole defendant shall fail to appear, the plaintiff shall
or a lessor, vendor, vendee, or other person against whom likewise be entitled to judgment in accordance with the
the possession of any land or building is unlawfully next preceding section. This procedure shall not apply
withheld after the expiration or termination of the right to where one of two or more defendants sued under a
hold possession, by virtue of any contract, express or common cause of action defense shall appear at the
implied, or the legal representatives or assigns of any preliminary conference.
such lessor, vendor, vendee, or other person, may, at any
No postponement of the preliminary conference shall be
time within one (1) year after such unlawful deprivation or
granted except for highly meritorious grounds and
withholding of possession, bring an action in the proper
without prejudice to such sanctions as the court in the
Municipal Trial Court against the person or persons
exercise of sound discretion may impose on the movant.
unlawfully withholding or depriving of possession, or any
(n)
person or persons claiming under them, for the
restitution of such possession, together with damages Section 9. Record of preliminary conference. — Within
and costs. (1a) five (5) days after the termination of the preliminary
conference, the court shall issue an order stating the
Section 2. Lessor to proceed against lessee only after
matters taken up therein, including but not limited to:
demand. — Unless otherwise stipulated, such action by
the lesser shall be commenced only after demand to pay 1. Whether the parties have arrived at an amicable
or comply with the conditions of the lease and to vacate settlement, and if so, the terms thereof;
is made upon the lessee, or by serving written notice of 2. The stipulations or admissions entered into by the
such demand upon the person found on the premises if parties;
no person be found thereon, and the lessee fails to
comply therewith after fifteen (15) days in the case of land 3. Whether, on the basis of the pleadings and the
or five (5) days in the case of buildings. (2a) stipulations and admission made by the parties,
judgment may be rendered without the need of further
Section 3. Summary procedure. — Except in cases proceedings, in which event the judgment shall be
covered by the agricultural tenancy laws or when the law rendered within thirty (30) days from issuance of the
otherwise expressly provides, all actions for forcible entry order;
and unlawful detainer, irrespective of the amount of
damages or unpaid rentals sought to be recovered, shall 4. A clear specification of material facts which remain
be governed by the summary procedure hereunder converted; and
provided. (n) 5. Such other matters intended to expedite the
Section 4. Pleadings allowed. — The only pleadings disposition of the case. (8, RSP)
allowed to be filed are the complaint, compulsory Section 10. Submission of affidavits and position papers.
counterclaim and cross-claim pleaded in the answer, and — Within ten (10) days from receipt of the order
the answers thereto. All pleadings shall be verified. (3a, mentioned in the next preceding section, the parties shall
RSP) submit the affidavits of their witnesses and other
Section 5. Action on complaint. — The court may, from evidence on the factual issues defined in the order,
an examination of the allegations in the complaint and together with their position papers setting forth the law
such evidence as may be attached thereto, dismiss the and the facts relied upon by them. (9, RSP)
case outright on any of the grounds for the dismissal of a Section 11. Period for rendition of judgment. — Within
civil action which are apparent therein. If no ground for thirty (30) days after receipt of the affidavits and position
dismissal is found, it shall forthwith issue summons. (n) papers, or the expiration of the period for filing the same,
Section 6. Answers. — Within ten (10) days from service of the court shall render judgment.
summons, the defendant shall file his answer to the However, should the court find it necessary to clarify
complaint and serve a copy thereof on the plaintiff. certain material facts, during the said period, issue an
Affirmative and negative defenses not pleaded therein order specifying the matters to be clarified, and require
shall be deemed waived, except lack of jurisdiction over the parties to submit affidavits or other evidence on the
the subject matter. Cross-claims and compulsory said matters within ten (10) days from receipt of said
counterclaims not asserted in the answer shall be order. Judgment shall be rendered within fifteen (15) days
considered barred. The answer to counterclaims or after the receipt of the last affidavit or the expiration of
cross-claims shall be served and filed within ten (10) days the period for filing the same.
from service of the answer in which they are pleaded. (5
RSP) The court shall not resort to the foregoing procedure just
to gain time for the rendition of the judgment. (n)
Section 7. Effect of failure to answer. — Should the
defendant fail to answer the complaint within the period Section 12. Referral for conciliation. — Cases requiring
above provided, the court, motu proprio or on motion of referral for conciliation, where there is no showing of
the plaintiff, shall render judgment as may be warranted compliance with such requirement, shall be dismissed
by the facts alleged in the complaint and limited to what without prejudice, and may be revived only after that
is prayed for therein. The court may in its discretion requirement shall have been complied with. (18a, RSP)
reduce the amount of damages and attorney's fees


Section 13. Prohibited pleadings and motions. — The defendant, execution shall issue immediately upon
following petitions, motions, or pleadings shall not be motion unless an appeal has been perfected and the
allowed: defendant to stay execution files a sufficient supersedeas
1. Motion to dismiss the complaint except on the ground bond, approved by the Municipal Trial Court and
of lack of jurisdiction over the subject matter, or failure to executed in favor of the plaintiff to pay the rents,
comply with section 12; damages, and costs accruing down to the time of the
judgment appealed from, and unless, during the
2. Motion for a bill of particulars; pendency of the appeal, he deposits with the appellate
3. Motion for new trial, or for reconsideration of a court the amount of rent due from time to time under
judgment, or for reopening of trial; the contract, if any, as determined by the judgment of the
Municipal Trial Court. In the absence of a contract, he
4. Petition for relief from judgment; shall deposit with the Regional Trial Court the reasonable
5. Motion for extension of time to file pleadings, affidavits value of the use and occupation of the premises for the
or any other paper; preceding month or period at the rate determined by the
judgment of the lower court on or before the tenth day of
6. Memoranda; each succeeding month or period. The supersedeas bond
7. Petition for certiorari, mandamus, or prohibition shall be transmitted by the Municipal Trial Court, with the
against any interlocutory order issued by the court; papers, to the clerk of the Regional Trial Court to which
8. Motion to declare the defendant in default; the action is appealed.
9. Dilatory motions for postponement; All amounts so paid to the appellate court shall be
deposited with said court or authorized government
10. Reply; depositary bank, and shall be held there until the final
11. Third-party complaints; disposition of the appeal, unless the court, by agreement
of the interested parties, or in the absence of reasonable
12. Interventions. (19a, RSP) grounds of opposition to a motion to withdraw, or for
Section 14. Affidavits. — The affidavits required to be justifiable reasons, shall decree otherwise. Should the
submitted under this Rule shall state only facts of direct defendant fail to make the payments above prescribed
personal knowledge of the affiants which are admissible from time to time during the pendency of the appeal, the
in evidence, and shall show their competence to testify to appellate court, upon motion of the plaintiff, and upon
the matters stated therein. proof of such failure, shall order the execution of the
judgment appealed from with respect to the restoration
A violation of this requirement may subject the party or of possession, but such execution shall not be a bar to the
the counsel who submits the same to disciplinary action, appeal taking its course until the final disposition thereof
and shall be cause to expunge the inadmissible affidavit on the merits.
or portion thereof from the record. (20, RSP)
After the case is decided by the Regional Trial Court, any
Section 15. Preliminary injunction. — The court may grant money paid to the court by the defendant for purposes of
preliminary injunction, in accordance with the provisions the stay of execution shall be disposed of in accordance
of Rule 58 hereof, to prevent the defendant from with the provisions of the judgment of the Regional Trial
committing further acts of dispossession against the Court. In any case wherein it appears that the defendant
plaintiff. has been deprived of the lawful possession of land or
A possessor deprived of his possession through forcible building pending the appeal by virtue of the execution of
from the filing of the complaint, present a motion in the the judgment of the Municipal Trial Court, damages for
action for forcible entry or unlawful detainer for the such deprivation of possession and restoration of
issuance of a writ of preliminary mandatory injunction to possession and restoration of possession may be allowed
restore him in his possession. The court shall decide the the defendant in the judgment of the Regional Trial Court
motion within thirty (30) days from the filing thereof. (3a) disposing of the appeal. (8a)
Section 16. Resolving defense of ownership. — When the Section 20. Preliminary mandatory injunction in case of
defendant raises the defense of ownership in his appeal. — Upon motion of the plaintiff, within ten (10)
pleadings and the question of possession cannot be days from the perfection of the appeal to the Regional
resolved without deciding the issue of ownership, the Trial Court, the latter may issue a writ of preliminary
issue of ownership shall be resolved only to determine the mandatory injunction to restore the plaintiff in possession
issue of possession. (4a) if the court is satisfied that the defendant's appeal is
Section 17. Judgment. — If after trial court finds that the frivolous or dilatory or that the appeal of the plaintiff is
allegations of the complaint are true, it shall render prima facie meritorious. (9a)
judgment in favor of the plaintiff for the restitution of the Section 21. Immediate execution on appeal to Court of
premises, the sum justly due as arrears of rent or as Appeals or Supreme Court. — The judgment of the
reasonable compensation for the use and occupation of Regional Trial Court against the defendant shall be
the premises, attorney's fees and costs. If a counterclaim immediately executory, without prejudice to a further
is established, the court shall render judgment for the appeal that may be taken therefrom. (10a)
sum found in arrears from either party and award costs as
justice requires. (6a)
RULE 71 Contempt
Section 18. Judgment conclusive only on possession; not
conclusive in actions involving title or ownership. — The Section 1. Direct contempt punished summarily. — A
judgment rendered in an action for forcible entry or person guilty of misbehavior in the presence of or so near
detainer shall be conclusive with respect to the a court as to obstruct or interrupt the proceedings before
possession only and shall in no wise bind the title or affect the same, including disrespect toward the court, offensive
the ownership of the land or building. Such judgment personalities toward others, or refusal to be sworn or to
shall not bar an action between the same parties answer as a witness, or to subscribe an affidavit or
respecting title to the land or building. deposition when lawfully required to do so, may be
summarily adjudged in contempt by such court and
The judgment or final order shall be appealable to the punished by a fine not exceeding two thousand pesos or
appropriate Regional Trial Court which shall decide the imprisonment not exceeding ten (10) days, or both, if it be
same on the basis of the entire record of the proceedings a Regional Trial Court or a court of equivalent or higher
had in the court of origin and such memoranda and/or rank, or by a fine not exceeding two hundred pesos or
briefs as may be submitted by the parties or required by imprisonment not exceeding one (1) day, or both, if it be a
the Regional Trial Court. (7a) lower court. (1a)
Section 19. Immediate execution of judgment; how to
stay same. — If judgment is rendered against the



Section 2. Remedy therefrom. — The person adjudged in Section 6. Hearing; release on bail. — If the hearing is not

direct contempt by any court may not appeal therefrom, ordered to be had forthwith, the respondent may be
but may avail himself of the remedies of certiorari or released from custody upon filing a bond, in an amount
prohibition. The execution of the judgment shall be fixed by the court, for his appearance at the hearing of
suspended pending resolution of such petition, provided the charge. On the day set therefor, the court shall
such person files a bond fixed by the court which proceed to investigate the charge and consider such
rendered the judgment and conditioned that he will comment, testimony or defense as the respondent may
abide by and perform the judgment should the petition make or offer. (5a)
be decided against him. (2a) Section 7. Punishment for indirect contempt. — If the
Section 3. Indirect contempt to be punished after charge respondent is adjudged guilty of indirect contempt
and hearing. — After a charge in writing has been filed, committed against a Regional Trial Court or a court of
and an opportunity given to the respondent to comment equivalent or higher rank, he may be punished by a fine
thereon within such period as may be fixed by the court not exceeding thirty thousand pesos or imprisonment
and to be heard by himself or counsel, a person guilty of not exceeding six (6) months, or both. If he is adjudged
any of the following acts may be punished for indirect guilty of contempt committed against a lower court, he
contempt; may be punished by a fine not exceeding five thousand
(a) Misbehavior of an officer of a court in the performance pesos or imprisonment not exceeding one (1) month, or
of his official duties or in his official transactions; both. If the contempt consists in the violation of a writ of
injunction, temporary restraining order or status quo
(b) Disobedience of or resistance to a lawful writ, process, order, he may also be ordered to make complete
order, or judgment of a court, including the act of a restitution to the party injured by such violation of the
person who, after being dispossessed or ejected from any property involved or such amount as may be alleged and
real property by the judgment or process of any court of proved.
competent jurisdiction, enters or attempts or induces
another to enter into or upon such real property, for the The writ of execution, as in ordinary civil actions, shall
purpose of executing acts of ownership or possession, or issue for the enforcement of a judgment imposing a fine
in any manner disturbs the possession given to the unless the court otherwise provides. (6a)
person adjudged to be entitled thereto; Section 8. Imprisonment until order obeyed. — When the
(c) Any abuse of or any unlawful interference with the contempt consists in the refusal or omission to do an act
processes or proceedings of a court not constituting which is yet in the power of the respondent to perform,
direct contempt under section 1 of this Rule; he may be imprisoned by order of the court concerned
until he performs it. (7a)
(d) Any improper conduct tending, directly or indirectly,
to impede, obstruct, or degrade the administration of Section 9. Proceeding when party released on bail fails
justice; to answer. — When a respondent released on bail fails to
appear on the day fixed for the hearing, the court may
(e) Assuming to be an attorney or an officer of a court, issue another order of arrest or may order the bond for his
and acting as such without authority; appearance to be forfeited and confiscated, or both; and,
(f) Failure to obey a subpoena duly served; if the bond be proceeded against, the measure of
damages shall be the extent of the loss or injury
(g) The rescue, or attempted rescue, of a person or sustained by the aggrieved party by reason of the
property in the custody of an officer by virtue of an order misconduct for which the contempt charge was
or process of a court held by him. prosecuted, with the costs of the proceedings, and such
But nothing in this section shall be so construed as to recovery shall be for the benefit of the party injured. If
prevent the court from issuing process to bring the there is no aggrieved party, the bond shall be liable and
respondent into court, or from holding him in custody disposed of as in criminal cases. (8a)
pending such proceedings. (3a) Section 10. Court may release respondent. — The court
Section 4. How proceedings commenced. — Proceedings which issued the order imprisoning a person for
for indirect contempt may be initiated motu propio by contempt may discharge him from imprisonment when
the court against which the contempt was committed by it appears that public interest will not be prejudiced by
an order or any other formal charge requiring the his release. (9a)
respondent to show cause why he should not be Section 11. Review of judgment or final order; bond for
punished for contempt. stay. — The judgment or final order of a court in a case of
In all other cases, charges for indirect contempt shall be indirect contempt may be appealed to the proper court
commenced by a verified petition with supporting as in criminal cases. But execution of the judgment or
particulars and certified true copies of documents or final order shall not be suspended until a bond is filed by
papers involved therein, and upon full compliance with the person adjudged in contempt, in an amount fixed by
the requirements for filing initiatory pleadings for civil the court from which the appeal is taken, conditioned
actions in the court concerned. If the contempt charges that if the appeal be decided against him he will abide by
arose out of or are related to a principal action pending in and perform the judgment or final order. (10a)
the court, the petition for contempt shall allege that fact Section 12. Contempt against quasi-judicial entities. —
but said petition shall be docketed, heard and decided Unless otherwise provided by law, this Rule shall apply to
separately, unless the court in its discretion orders the contempt committed against persons, entities, bodies or
consolidation of the contempt charge and the principal agencies exercising quasi-judicial functions, or shall have
action for joint hearing and decision. (n) suppletory effect to such rules as they may have adopted
Section 5. Where charge to be filed. — Where the charge pursuant to authority granted to them by law to punish
for indirect contempt has been committed against a for contempt. The Regional Trial Court of the place
Regional Trial Court or a court of equivalent or higher wherein the contempt has been committed shall have
rank, or against an officer appointed by it, the charge may jurisdiction over such charges as may be filed therefor. (n)
be filed with such court. Where such contempt has been
committed against a lower court, the charge may be filed
Special Proceedings
with the Regional Trial Court of the place in which the
lower court is sitting; but the proceedings may also be
instituted in such lower court subject to appeal to the
Regional Trial Court of such place in the same manner as
provided in section 11 of this Rule. (4a; Bar Matter No. 803,
21 July 1998)


if absent and unheard from for the periods fixed in the
Civil Code. But if such person proves to be alive, he shall
GENERAL PROVISION be entitled to the balance of his estate after payment of
all his debts. The balance may be recovered by motion in
RULE 72 Subject Matter and Applicability of General the same proceeding.
Rules
Section 1. Subject matter of special proceedings. — Rules RULE 74 Summary Settlement of Estate
of special proceedings are provided for in the following Section 1. Extrajudicial settlement by agreement
cases: between heirs. — If the decedent left no will and no debts
(a) Settlement of estate of deceased persons; and the heirs are all of age, or the minors are represented
by their judicial or legal representatives duly authorized
(b) Escheat; for the purpose, the parties may without securing letters
(c) Guardianship and custody of children; of administration, divide the estate among themselves as
(d) Trustees; they see fit by means of a public instrument filed in the
office of the register of deeds, and should they disagree,
(e) Adoption; they may do so in an ordinary action of partition. If there
(f) Rescission and revocation of adoption; is only one heir, he may adjudicate to himself the entire
estate by means of an affidavit filled in the office of the
(g) Hospitalization of insane persons; register of deeds. The parties to an extrajudicial
(h) Habeas corpus; settlement, whether by public instrument or by
stipulation in a pending action for partition, or the sole
(i) Change of name; heir who adjudicates the entire estate to himself by
(j) Voluntary dissolution of corporations; means of an affidavit shall file, simultaneously with and
(k) Judicial approval of voluntary recognition of minor as a condition precedent to the filing of the public
natural children; instrument, or stipulation in the action for partition, or of
the affidavit in the office of the register of deeds, a bond
(l) Constitution of family home; with the said register of deeds, in an amount equivalent
(m) Declaration of absence and death; to the value of the personal property involved as certified
to under oath by the parties concerned and conditioned
(n) Cancellation of correction of entries in the civil registry. upon the payment of any just claim that may be filed
Section 2. Applicability of rules of civil actions. — In the under section 4 of this rule. It shall be presumed that the
absence of special provisions, the rules provided for in decedent left no debts if no creditor files a petition for
ordinary actions shall be, as far as practicable, applicable letters of administration within two (2) years after the
in special proceedings. death of the decedent.
The fact of the extrajudicial settlement or administration
shall be published in a newspaper of general circulation
Settlement Of Estate Of Deceased Persons in the manner provided in the nest succeeding section;
but no extrajudicial settlement shall be binding upon any
person who has not participated therein or had no notice
RULE 73 Venue and Process thereof.
Section 1. Where estate of deceased persons settled. — If Section 2. Summary settlement of estate of small value.
the decedents is an inhabitant of the Philippines at the — Whenever the gross value of the estate of a deceased
time of his death, whether a citizen or an alien, his will person, whether he died testate or intestate, does not
shall be proved, or letters of administration granted, and exceed ten thousand pesos, and that fact is made to
his estate settled, in the Court of First Instance in the appear to the Court of First Instance having jurisdiction of
province in which he resides at the time of his death, and the estate by the petition of an interested person and
if he is an inhabitant of a foreign country, the Court of upon hearing, which shall be held not less than one (1)
First Instance of any province in which he had estate. The month nor more than three (3) months from the date of
court first taking cognizance of the settlement of the the last publication of a notice which shall be published
estate of a decedent, shall exercise jurisdiction to the once a week for three (3) consecutive weeks in a
exclusion of all other courts. The jurisdiction assumed by newspaper of general circulation in the province, and
a court, so far as it depends on the place of residence of after such other notice to interested persons as the court
the decedent, or of the location of his estate, shall not be may direct, the court may proceed summarily, without
contested in a suit or proceeding, except in an appeal the appointment of an executor or administrator, and
from that court, in the original case, or when the want of without delay, to grant, if proper, allowance of the will, if
jurisdiction appears on the record. any there be, to determine who are the persons legally
Section 2. Where estate settled upon dissolution of entitled to participate in the estate, and to apportion and
marriage. — When the marriage is dissolved by the death divide it among them after the payment of such debts of
of the husband or wife, the community property shall be the estate as the court shall then find to be due; and such
inventoried, administered, and liquidated, and the debts persons, in their own right, if they are of lawful age and
thereof paid, in the testate or intestate proceedings of the legal capacity, or by their
deceased spouse. If both spouses have died, the conjugal guardians or trustees legally appointed and qualified, if
partnership shall be liquidated in the testate or intestate otherwise, shall thereupon be entitled to receive and
proceedings of either. enter into the possession of the portions of the estate so
Section 3. Process. — In the exercise of probate awarded to them respectively. The court shall make such
jurisdiction, Courts of First Instance may issue warrants order as may be just respecting the costs of the
and process necessary to compel the attendance of proceedings, and all orders and judgments made or
witnesses or to carry into effect theirs orders and rendered in the course thereof shall be recorded in the
judgments, and all other powers granted them by law. If a office of the clerk, and the order of partition or award, if it
person does not perform an order or judgment rendered involves real estate, shall be recorded in the proper
by a court in the exercise of its probate jurisdiction, it may register's office.
issue a warrant for the apprehension and imprisonment Section 3. Bond to be filed by distributees. — The court,
of such person until he performs such order or judgment, before allowing a partition in accordance with the
or is released. provisions of the preceding section, my require the
Section 4. Presumption of death. — For purposes of distributees, if property other than real is to be
settlement of his estate, a person shall be presumed dead distributed, to file a bond in an amount to be fixed by


court, conditioned for the payment of any just claim after the death of the testator, petition the court having
which may be filed under the next succeeding section. jurisdiction to have the will allowed, whether the same be
Section 4. Liability of distributees and estate. — If it shall in his possession or not, or is lost or destroyed.
appear at any time within two (2) years after the The testator himself may, during his lifetime, petition the
settlement and distribution of an estate in accordance court for the allowance of his will.
with the provisions of either of the first two sections of Section 2. Contents of petition. — A petition for the
this rule, that an heir or other person has been unduly allowance of a will must show, so far as known to the
deprived of his lawful participation in the estate, such heir petitioner:
or such other person may compel the settlement of the
estate in the courts in the manner hereinafter provided (a) The jurisdictional facts;
for the purpose of satisfying such lawful participation. (b) The names, ages, and residences of the heirs, legatees,
And if within the same time of two (2) years, it shall and devisees of the testator or decedent;
appear that there are debts outstanding against the
estate which have not been paid, or that an heir or other (c) The probable value and character of the property of
person has been unduly deprived of his lawful the estate;
participation payable in money, the court having (d) The name of the person for whom letters are prayed;
jurisdiction of the estate may, by order for that purpose,
after hearing, settle the amount of such debts or lawful (e) If the will has not been delivered to the court, the
participation and order how much and in what manner name of the person having custody of it.
each distributee shall contribute in the payment thereof, But no defect in the petition shall render void the
and may issue execution, if circumstances require, allowance of the will, or the issuance of letters
against the bond provided in the preceding section or testamentary or of administration with the will annexed.
against the real estate belonging to the deceased, or Section 3. Court to appoint time for proving will. Notice
both. Such bond and such real estate shall remain thereof to be published. — When a will is delivered to, or a
charged with a liability to creditors, heirs, or other persons petition for the allowance of a will is filed in, the court
for the full period of two (2) years after such distribution, having jurisdiction, such court shall fix a time and place
notwithstanding any transfers of real estate that may for proving the will when all concerned may appear to
have been made. contest the allowance thereof, and shall cause notice of
Section 5. Period for claim of minor or incapacitated such time and place to be published three (3) weeks
person. — If on the date of the expiration of the period of successively, previous to the time appointed, in a
two (2) years prescribed in the preceding section the newspaper of general circulation in the province.
person authorized to file a claim is a minor or mentally But no newspaper publication shall be made where the
incapacitated, or is in prison or outside the Philippines, he petition for probate has been filed by the testator himself.
may present his claim within one (1) year after such
disability is removed. Section 4. Heirs, devisees, legatees, and executors to be
notified by mail or personally. — The court shall also
cause copies of the notice of the time and place fixed for
RULE 75 Production of Will. Allowance of Will proving the will to be addressed to the designated or
Necessary other known heirs, legatees, and devisees of the testator
resident in the Philippines at their places of residence,
Section 1. Allowance necessary. Conclusive as to and deposited in the post office with the postage thereon
execution. — No will shall pass either real or personal prepaid at least twenty (20) days before the hearing, if
estate unless it is proved and allowed in the proper court. such places of residence be known. A copy of the notice
Subject to the right of appeal, such allowance of the will must in like manner be mailed to the person named as
shall be conclusive as to its due execution. executor, if he be not the petitioner; also, to any person
Section 2. Custodian of will to deliver. — The person who named as co-executor not petitioning, if their places of
has custody of a will shall, within twenty (20) days after he residence be known. Personal service of copies of the
knows of the death of the testator, deliver the will to the notice at least (10) days before the day of hearing shall be
court having jurisdiction, or to the executor named in the equivalent to mailing.
will. If the testator asks for the allowance of his own will, notice
Section 3. Executor to present will and accept or refuse shall be sent only to his compulsory heirs.
trust. — A person named as executor in a will shall, within Section 5. Proof at hearing. What sufficient in absence of
twenty (20) days after he knows of the death of the contest. — At the hearing compliance with the provisions
testate, or within twenty (20) days after he knows that he of the last two preceding sections must be shown before
is named executor if he obtained such knowledge after the introduction of testimony in support of the will. All
the death of the testator, present such will to the court such testimony shall be taken under oath and reduced to
having jurisdiction, unless the will has reached the court writing. It no person appears to contest the allowance of
in any other manner, and shall, within such period, signify the will, the court may grant allowance thereof on the
to the court in writing his acceptance of the trust or his testimony of one of the subscribing witnesses only, if
refusal to accept it. such witness testify that the will was executed as is
Section 4. Custodian and executor subject to fine for required by law.
neglect. — A person who neglects any of the duties In the case of a holographic will, it shall be necessary that
required in the two last preceding sections without at least one witness who knows the handwriting and
excused satisfactory to the court shall be fined not signature of the testator explicitly declare that the will
exceeding two thousand pesos. and the signature are in the handwriting of the testator.
Section 5. Person retaining will may be committed. — A In the absence of any such competent witness, and if the
person having custody of a will after the death of the court deem it necessary, expert testimony may be
testator who neglects without reasonable cause to deliver resorted to.
the same, when ordered so to do, to the court having Section 6. Proof of lost or destroyed will. Certificate
jurisdiction, may be committed to prison and there kept thereupon. — No will shall be proved as a lost or
until he delivers the will. destroyed will unless the execution and validity of the
same be established, and the will is proved to have been
RULE 76 Allowance or Disallowance of Will in existence at the time of the death of the testator, or is
shown to have been fraudulently or accidentally
Section 1. Who may petition for the allowance of will. — destroyed in the lifetime of the testator without his
Any executor, devisee, or legatee named in a will, or any knowledge, nor unless its provisions are clearly and
other person interested in the estate, may, at any time distinctly proved by at least two (2) credible witnesses.


When a lost will is proved, the provisions thereof must be holographic will is contested, the burden of disproving
distinctly stated and certified by the judge, under the seal the genuineness and due execution thereof shall be on
of the court, and the certificate must be filed and the contestant. The testator to rebut the evidence for the
recorded as other wills are filed and recorded. contestant.
Section 7. Proof when witnesses do not reside in Section 13. Certificate of allowance attached to prove
province. — If it appears at the time fixed for the hearing will. To be recorded in the Office of Register of Deeds. — If
that none of the subscribing witnesses resides in the the court is satisfied, upon proof taken and filed, that the
province, but that the deposition of one or more of them will was duly executed, and that the testator at the time
can be taken elsewhere, the court may, on motion, direct of its execution was of sound and disposing mind, and
it to be taken, and may authorize a photographic copy of not acting under duress, menace, and undue influence,
the will to be made and to be presented to the witness on or fraud, a certificate of its allowance, signed by the
his examination, who may be asked the same questions judge, and attested by the seal of the court shall be
with respect to it, and to the handwriting of the testator attached to the will and the will and certificate filed and
and others, as would be pertinent and competent if the recorded by the clerk. Attested copies of the will devising
original will were present. real estate and of certificate of allowance thereof, shall be
Section 8. Proof when witnesses dead or insane or do recorded in the register of deeds of the province in which
not reside in the Philippines. — If the appears at the time the lands lie.
fixed for the hearing that the subscribing witnesses are
dead or insane, or that RULE 77 Allowance of Will Proved Outside of
none of them resides in the Philippines, the court may Philippines and Administration of Estate Thereunder
admit the testimony of other witnesses to prove the
sanity of the testator, and the due execution of the will; Section 1. Will proved outside Philippines may be allowed
and as evidence of the execution of the will, it may admit here. — Wills proved and allowed in a foreign country,
proof of the handwriting of the testator and of the according to the laws of such country, may be allowed,
subscribing witnesses, or of any of them. filed, and recorded by the proper Court of First Instance
in the Philippines.
Section 9. Grounds for disallowing will. — The will shall be
disallowed in any of the following cases: Section 2. Notice of hearing for allowance. — When a
copy of such will and of the order or decree of the
(a) If not executed and attested as required by law; allowance thereof, both duly authenticated, are filed with
(b) If the testator was insane, or otherwise mentally a petition for allowance in the Philippines, by the executor
incapable to make a will, at the time of its execution; or other person interested, in the court having
jurisdiction, such court shall fix a time and place for the
(c) If it was executed under duress, or the influence of fear, hearing, and cause notice thereof to be given as in case of
or threats; an original will presented for allowance.
(d) If it was procured by undue and improper pressure Section 3. When will allowed, and effect thereof. — If it
and influence, on the part of the beneficiary, or of some appears at the hearing that the will should be allowed in
other person for his benefit; the Philippines, the shall so allow it, and a certificate of its
(e) If the signature of the testator was procured by fraud allowance, signed by the judge, and attested by the seal
or trick, and he did not intend that the instrument should of the court, to which shall be attached a copy of the will,
be his will at the time of fixing his signature thereto. shall be filed and recorded by the clerk, and the will shall
have the same effect as if originally proved and allowed in
Section 10. Contestant to file grounds of contest. —
such court.
Anyone appearing to contest the will must state in
writing his grounds for opposing its allowance, and serve Section 4. Estate, how administered. — When a will is
a copy thereof on the petitioner and other parties thus allowed, the court shall grant letters testamentary, or
interested in the estate. letters of administration with the will annexed, and such
letters testamentary or of administration, shall extend to
Section 11. Subscribing witnesses produced or accounted
all the estate of the testator in the Philippines. Such
for where will contested. — If the will is contested, all the
estate, after the payment of just debts and expenses of
subscribing witnesses, and the notary in the case of wills
administration, shall be disposed of according to such
executed under the Civil Code of the Philippines, if
will, so far as such will may operate upon it; and the
present in the Philippines and not insane, must be
residue, if any shall be disposed of as is provided by law in
produced and examined, and the death, absence, or
cases of estates in the Philippines belonging to persons
insanity of any of them must be satisfactorily shown to
who are inhabitants of another state or country.
the court. If all or some of such witnesses are present in
the Philippines but outside the province where the will
has been filed, their deposition must be taken. If any or all RULE 78 Letters Testamentary and of
of them testify against the due execution of the will, or do
not remember having attested to it, or are otherwise of
Administration, When and to Whom Issued
doubtful credibility, the will may nevertheless, be allowed Section 1. Who are incompetent to serve as executors or
if the court is satisfied from the testimony of other administrators. — No person incompetent to serve as
witnesses and from all the evidence presented that the executor or administrator who:
will was executed and attested in the manner required by (a) Is a minor;
law.
(b) Is not a resident of the Philippines; and
If a holographic will is contested, the same shall be
allowed if at least three (3) witnesses who know the (c) Is in the opinion of the court unfit to execute the
handwriting of the testator explicitly declare that the will duties of the trust by reason of drunkenness,
and the signature are in the handwriting of the testator; improvidence, or want of understanding or integrity, or by
in the absence of any competent witnesses, and if the reason of conviction of an offense involving moral
court deem it necessary, expert testimony may be turpitude.
resorted to. Section 2. Executor of executor not to administer estate.
Section 12. Proof where testator petitions for allowance — The executor of an executor shall not, as such,
of holographic will. — Where the testator himself administer the estate of the first testator.
petitions for the probate of his holographic will and no Section 3. Married women may serve. — A married
contest is filed, the fact that the affirms that the woman may serve as executrix or administratrix, and the
holographic will and the signature are in his own marriage of a single woman shall not affect her authority
handwriting, shall be sufficient evidence of the so to serve under a previous appointment.
genuineness and due execution thereof. If the



Section 4. Letters testamentary issued when will of the person for whom letters are prayed therein, or on
allowed. — When a will has been proved and allowed, the the ground of the contestant's own right to the
court shall issue letters testamentary thereon to the administration, and may pray that letters issue to himself,
person named as executor therein, if he is competent, or to any competent person or person named in the
accepts the trust, and gives bond as required by these opposition.
rules. Section 5. Hearing and order for letters to issue. — At the
Section 5. Where some co-executors disqualified others hearing of the petition, it must first be shown that notice
may act. — When all of the executors named in a will can has been given as hereinabove required, and thereafter
not act because of incompetency, refusal to accept the the court shall hear the proofs of the parties in support of
trust, or failure to give bond, on the part of one or more of their respective allegations, and if satisfied that the
them, letters testamentary may issue to such of them as decedent left no will, or that there is no competent and
are competent, accept and give bond, and they may willing executor, it shall order the issuance of letters of
perform the duties and discharge the trust required by administration to the party best entitled thereto.
the will. Section 6. When letters of administration granted to any
Section 6. When and to whom letters of administration applicant. — Letters of administration may be granted to
granted. — If no executor is named in the will, or the any qualified applicant, though it appears that there are
executor or executors are incompetent, refuse the trust, other competent persons having better right to the
or fail to give bond, or a person dies intestate, administration, if such persons fail to appear when
administration shall be granted: notified and claim the issuance of letters to themselves.
(a) To the surviving husband or wife, as the case may be,
or next of kin, or both, in the discretion of the court, or to RULE 80 Special Administrator
such person as such surviving husband or wife, or next of
kin, requests to have appointed, if competent and willing Section 1. Appointment of special administrator. —
to serve; When there is delay in granting letters testamentary or of
administration by any cause including an appeal from
(b) If such surviving husband or wife, as the case may be, the allowance or disallowance of a will, the court may
or next of kin, or the person selected by them, be appoint a special administrator to take possession and
incompetent or unwilling, or if the husband or widow, or charge of the estate of the deceased until the questions
next of kin, neglects for thirty (30) days after the death of causing the delay are decided and executors or
the person to apply for administration or to request that administrators appointed.
administration be granted to some other person, it may
be granted to one or more of the principal creditors, if Section 2. Powers and duties of special administrator. —
may be granted to one or more of the principal creditors, Such special administrator shall take possession and
if competent and willing to serve; charge of the goods, chattels, rights, credits, and estate of
the deceased and preserve the same for the executors or
(c) If there is no such creditor competent and willing to administrator afterwards appointed, and for that purpose
serve, it may be granted to such other person as the court may commence and maintain suits as administrator. He
may select. may sell only such perishable and other property as the
court orders sold. A special administrator shall not be
RULE 79 Opposing Issuance Of Letters liable to pay any debts of the deceased unless so ordered
by the court.
Testamentary. Petition And Contest For Letters Of
Section 3. When powers of special administrator cease.
Administration Transfer of effects. Pending suits. — When letters
Section 1. Opposition to issuance of letters testamentary. testamentary or of administration are granted on the
Simultaneous petition for administration. — Any person estate of the deceased, the powers of the special
interested in a will may state in writing the grounds why administrator shall cease, and he shall forthwith deliver to
letters testamentary should not issue to the persons the executor or administrator the goods, chattels, money,
named therein as executors, or any of them, and the and estate of the deceased in his hands. The executor or
court, after hearing upon notice, shall pass upon the administrator may prosecute to final judgment suits
sufficiency of such grounds. A petition may, at the time, commenced by such special administrator.
be filed for letters of administration with the will annexed.
Section 2. Contents of petition for letters of RULE 81 Bond of Executors and Administrators
administration. — A petition for letters of administration
must be filed by an interested person and must show, so Section 1. Bond to be given issuance of letters. Amount.
far as known to the petitioner: Conditions. — Before an executor or administrator enters
upon the execution of his trust, and letters testamentary
(a) The jurisdictional facts; or administration issue, he shall give a bond, in such sum
(b) The names, ages, and residences of the heirs, and the as the court directs, conditioned as follows:
names and residences of the creditors, of the decedent; (a) To make and return to the court, within three (3)
(c) The probable value and character of the property of months, a true and complete inventory of all goods,
the estate; chattels, rights, credits, and estate of the deceased which
shall come to his possession or knowledge or to the
(d) The name of the person for whom letters of
possession of any other person for him;
administration are prayed.
(b) To administer according to these rules, and, if an
But no defect in the petition shall render void the
executor, according to the will of the testator, all goods,
issuance of letters of administration.
chattels, rights, credits, and estate which shall at any time
Section 3. Court to set time for hearing. Notice thereof. — come to his possession or to the possession of any other
When a petition for letters of administration is filed in the person for him, and from the proceeds to pay and
court having jurisdiction, such court shall fix a time and discharge all debts, legacies, and charges on the same, or
place for hearing the petition, and shall cause notice such dividends thereon as shall be decreed by the court;
thereof to be given to the known heirs and creditors of
(c) To render a true and just account of his administration
the decedent, and to any other persons believed to have
to the court within one (1) years, and at any other time
an interest in the estate, in the manner provided in
when required by the court;
sections 3 and 4 of Rule 76.
(d) To perform all orders of the court by him to be
Section 4. Opposition to petition for administration. —
performed.
Any interested person may, by filing a written opposition,
contest the petition on the ground of the incompetence


Section 2. Bond of executor where directed in will. When or mortgage of real estate may be renewed in favor of
further bond required. — If the testator in his will directs such person without further notice or hearing.
that the executors serve without bond, or with only his
individual bond, he may be allowed by the court to give
bond in such sum and with such surety as the court RULE 83 Inventory and Appraisal. Provision for
approves conditioned only to pay the debts of the Support of Family
testator; but the court may require of the executor a
Section 1. Inventory and appraisal to be returned within
further bond in case of a change in his circumstance, or
three months. — Within three (3) months after his
for other sufficient case, with the conditions named in
appointment every executor or administrator shall return
the last preceding section.
to the court a true inventory and appraisal of all real and
Section 3. Bonds of joint executors and administrators. — personal estate of the deceased which has come into his
When two or more persons are appointed executors or possession or knowledge. In the appraisement of such
administrators the court may take a separate bond from estate, the court may order one or more of the
each, or a joint bond from all. inheritance tax appraisers to give his or their assistance.
Section 4. Bond of special administrator. — A special Section 2. Certain article not to be inventoried. — The
administrator before entering upon the duties of his trust wearing apparel of the surviving husband or wife and
shall give a bond, in such sum as the court directs, minor children., the marriage bed and bedding, and such
conditioned that he will make and return a true inventory provisions and other articles as will necessarily be
of the goods, chattels, rights, credits, and estate of the consumed in the subsistence of the family of the
deceased which come to his possession or knowledge, deceased, under the direction of the court, shall not be
and that he will truly account for such as are received by considered as assets, nor administered as such, and shall
him when required by the court, and will deliver the same not be included in the inventory.
to the person appointed executor or administrator, or to
Section 3. Allowance to widow and family. — The widow
such other person as may be authorized to receive them.
and minor or incapacitated children of a deceased
person, during the settlement of the estate, shall receive
RULE 82 Revocation of Administration, Death, therefrom, under the direction of the court, such
allowance as are provided by law.
Resignation, and Removal of Executors or
Administrators
RULE 84 General Powers and Duties of Executors
Section 1. Administration revoked if will discovered.
Proceedings thereupon. — If after letters of and Administrators
administration have been granted on the estate of a Section 1. Executor or administrator to have access to
decedent as if he had died intestate, his will is proved and partnership books and property. How right enforced. —
allowed by the court, the letters of administration shall be The executor or administrator of the estate of a deceased
revoked and all powers thereunder cease, and the partner shall at all times have access to, and may examine
administrator shall forthwith surrender the letters to the and take copies of, books and papers relating to the
court, and render his account with such time as the court partnership business, and make examine and make
directs. Proceeding for the issuance of letters invoices of the property belonging to such partnership;
testamentary or of administration under the will shall be and the surviving partner or partners, on request, shall
as hereinbefore provided. exhibit to him all such books, papers, and property in
Section 2. Court may be remove or accept resignation of their hands or control. On the written application of such
executor or administrator. Proceeding upon death, executor or administrator, the court having jurisdiction of
resignation, or removal. — If an executor or administrator the estate may order any such surviving partner or
neglects to render his account and settle the estate partners to freely permit the exercise of the rights, and to
according to law, or to perform an order or judgment of exhibit the books, papers, and property, as in this section
the court, or a duty expressly provided by these rules, or provided, and may punish any partner failing to do so for
absconds, or becomes insane, or otherwise incapable or contempt.
unsuitable to discharge the trust, the court may remove Section 2. Executor or administrator to keep buildings in
him, or in its discretion, may permit him to resign. When repair. — An executor or administrator shall maintain in
an executor or administrator dies, resign, or is removed tenable repair the houses and other structures and
the remaining executor or administrator may administer fences belonging to the estate, and deliver the same in
the the trust alone, unless the court grants letters to such repair to the heirs or devisees when directed so to
someone to act with him. If there is no remaining do by the court.
executor or administrator, administration may be to any
suitable person. Section 3. Executor or administrator to retain whole
estate to pay debts, and to administer estate not willed.
Section 3. Acts before revocation, resignation, or removal — An executor or administrator shall have the right to the
to be valid. — The lawful acts of an executor or possession and management of the real as well as the
administrator before the revocation of his letters personal estate of the deceased so long as it is necessary
testamentary or of administration, or before his for the payment of the debts and the expenses of
resignation or removal, shall have the like validity as if administration.
there had been no such revocation, resignation, or
removal.
Section 4. Powers of new executor or administrator.
RULE 85 Accountability and Compensation of
Renewal of license to sell real estate. — The person to Executors and Administrators
whom letters testamentary or of administration are Section 1. Executor or administrator chargeable with all
granted after the revocation of former letters, or the estate and income. — Except as otherwise expressly
death, resignation, or removal of a former executor or provided in the following sections, every executor or
administrator, shall have the like powers to collect and administrator is chargeable in his account with the whole
settle the estate not administered that the former of the estate of the deceased which has come into his
executor or administrator had, and may prosecute or possession, at the value of the appraisement contained in
defend actions commenced by or against the former the inventory; with all the interest, profit, and income of
executor or administrator, and have execution on such estate; and with the proceeds of so much of the
judgments recovered in the name of such former estate as is sold by him, at the price at which it was sold.
executor or administrator. An authority granted by the
court to the former executor or administrator for the sale Section 2. Not to profit by increase or lose by decrease in
value. — No executor or administrator shall profit by the
increase, or suffer loss by the decrease or destruction,



without his fault, of any part of the estate. He must administration, unless the court otherwise directs
account for the excess when he sells any part of the because of extensions of time for presenting claims
estate for more than the appraisement, and if any is sold against, or paying the debts of, the estate, or for disposing
for the less than the appraisement, he is not responsible of the estate; and he shall render such further accounts as
for the loss, if the sale has justly made. If he settles any the court may require until the estate is wholly settled.
claim against the estate for less than its nominal value, he Section 9. Examinations on oath with respect to account
is entitled to charge in his account only the amount he — The court may examine the executor or administrator
actually paid on the settlement. upon oath with respect to every matter relating to any
Section 3. When not accountable for debts due estate. — account rendered by him, and shall so examine him as to
No executor or administrator shall be accountable for the correctness of his account before the same is allowed,
debts due the deceased which remain uncollected except when no objection is made to the allowance of the
without his fault. account and its correctness is satisfactorily established by
Section 4. Accountable for income from realty used by competent proof. The heirs, legatees, distributees, and
him. — If the executor or administrator uses or occupies creditors of the estate shall have the same privilege as the
any part of the real estate himself, he shall account for it executor or administrator of being examined on oath on
as may be agreed upon between him and the parties any matter relating to an administration account.
interested, or adjusted by the court with their assent; and Section 10. Account to be settled on notice. — Before the
if the parties do not agree upon the sum to be allowed, account of an executor or administrator is allowed, notice
the same may be ascertained by the court, whose shall be given to persons interested of the time and place
determination in this respect shall be final. of examining and allowing the same; and such notice
Section 5. Accountable if he neglects or delays to raise or may be given personally to such persons interested or by
pay money. — When an executor or administrator advertisement in a newspaper or newspapers, or both, as
neglects or unreasonably delays to raise money, by the court directs.
collecting the debts or selling the real or personal estate Section 11. Surety on bond may be party to accounting.
of the deceased, or neglects to pay over the money he — Upon the settlement of the account of an executor or
has in his hands, and the value of the estate is thereby administrator, a person liable as surety in respect to such
lessened or unnecessary cost or interest accrues, or the account may, upon application, be admitted as party to
persons interested suffer loss, the same shall be deemed such accounting.
waste and the damage sustained may be charged and
allowed against him in his account, and he shall be liable
therefor on his bond. RULE 86 Claims Against Estate
Section 6. When allowed money paid as cost. — The Section 1. Notice to creditors to be issued by court. —
amount paid by an executor or administrator for costs Immediately after granting letters testamentary or of
awarded against him shall be allowed in his administration, the court shall issue a notice requiring all
administration account, unless it appears that the action persons having money claims against the decedent to file
or proceeding in which the costs are taxed was them in the office of the clerk of said court.
prosecuted or resisted without just cause, and not in Section 2. Time within which claims shall be filed. — In
good faith. the notice provided in the preceding section, the court
Section 7. What expenses and fees allowed executor or shall estate the time for the filing of claims against the
administrator. Not to charge for services as attorney. estate, which shall not be more than twelve (12) not less
Compensation provided by will controls unless than six (6) months after the date of the first publication
renounced. — An executor or administrator shall be of the notice. However, at any time before an order of
allowed the necessary expenses the care, management, distribution is entered, on application of a creditor who
and settlement of the estate, and for his services, four has failed to file his claim within the previously limited,
pesos per day for the time actually and necessarily the court may, for cause shown and on such terms as are
employed, or a commission upon the value of so much of equitable, allow such claim to be filed within a time not
the estate as comes into his possession and is finally exceeding one (1) month.
disposed of by him in the payment of debts, expenses, Section 3. Publication of notice to creditors. — Every
legacies, or distributive shares, or by delivery to heirs or executor or administrator shall, immediately after the
devisees, of two per centum of the first five thousand notice to creditors is issued, cause the same to be
pesos of such value, one per centum of so much of such published three (3) weeks successively in a newspaper of
value as exceeds five thousand pesos and does not general circulation in the province, and to be posted for
exceed thirty thousand pesos, one-half per centum of so the same period in four public places in the province and
much of such value as exceed one hundred thousand in two public places in the municipality where the
pesos. But in any special case, where the estate is large, decedent last resided.
and the settlement has been attended with great
difficulty, and has required a high degree of capacity on Section 4. Filing of copy of printed notice. — Within ten
the part of the executor or administrator, a greater sum (10) days after the notice has been published and posted
may be allowed. If objection to the fees allowed be taken, in accordance with the preceding section, the executor or
the allowance may be re-examined on appeal. administrator shall file or cause to be filed in the court a
printed copy of the notice accompanied with an affidavit
If there are two or more executors or administrators, the setting forth the dates of the first and last publication
compensation shall be apportioned among them by the thereof and the name of the newspaper in which the
court according to the services actually rendered by them same is printed.
respectively.
Section 5. Claims which must be filed under the notice. If
When the executors or administrator is an attorney, he not filed, barred; exceptions. — All claims for money
shall not charge against the estate any professional fees against the decent, arising from contract, express or
for legal services rendered by him. implied, whether the same be due, not due, or
When the deceased by will makes some other provision contingent, all claims for funeral expenses and expense
for the compensation of his executor, that provision shall for the last sickness of the decedent, and judgment for
be a full satisfaction for his services unless by a written money against the decent, must be filed within the time
instrument filed in the court he renounces all claim to the limited in the notice; otherwise they are barred forever,
compensation provided by the will. except that they may be set forth as counterclaims in any
action that the executor or administrator may bring
Section 8. When executor or administrator to render against the claimants. Where an executor or
account. — Every executor or administrator shall render administrator commences an action, or prosecutes an
an account of his administration within one (1) year from action already commenced by the deceased in his
the time of receiving letters testamentary or of



lifetime, the debtor may set forth by answer the claims he convenience, may order all the claims to be collected in a

has against the decedent, instead of presenting them separate folder.
independently to the court as herein provided, and Section 10. Answer of executor or administrator. Offsets
mutual claims may be set off against each other in such —Within fifteen (15) days after service of a copy of the
action; and if final judgment is rendered in favor of the claim on the executor or administrator, he shall file his
defendant, the amount so determined shall be answer admitting or denying the claim specifically, and
considered the true balance against the estate, as though setting forth the admission or denial. If he has no
the claim had been presented directly before the court in knowledge sufficient to enable him to admit or deny
the administration proceedings. Claims not yet due, or specifically, he shall state such want of knowledge. The
contingent, may be approved at their present value. executor or administrator in his answer shall allege in
Section 6. Solidary obligation of decedent. — Where the offset any claim which the decedent before death had
obligation of the decedent is solidary with another against the claimant, and his failure to do so shall bar the
debtor, the claim shall be filed against the decedent as if claim forever. A copy of the answer shall be served by the
he were the only debtor, without prejudice to the right of executor or administrator on the claimant. The court in its
the estate to recover contribution from the debtor. In a discretion may extend the time for filing such answer.
joint obligation of the decedent, the claim shall be Section 11. Disposition of admitted claim. — Any claim
confined to the portion belonging to him. admitted entirely by the executor or administrator shall
Section 7. Mortgage debt due from estate. — A creditor immediately be submitted by the clerk to the court who
holding a claim against the deceased secured by may approve the same without hearing; but the court, in
mortgage or other collateral security, may abandon the its discretion, before approving the claim, may order that
security and prosecute his claim in the manner provided known heirs, legatees, or devisees be notified and heard.
in this rule, and share in the general distribution of the If upon hearing, an heir, legatees, or devisee opposes the
assets of the estate; or he may foreclose his mortgage or claim, the court may, in its discretion, allow him fifteen
realize upon his security, by action in court, making the (15) days to file an answer to the claim in the manner
executor or administrator a party defendant, and if there prescribed in the preceding section.
is a judgment for a deficiency, after the sale of the Section 12. Trial of contested claim. — Upon the filing of
mortgaged premises, or the property pledged, in the an answer to a claim, or upon the expiration of the time
foreclosure or other proceeding to realize upon the for such filing, the clerk of court shall set the claim for trial
security, he may claim his deficiency judgment in the with notice to both parties. The court may refer the claim
manner provided in the preceding section or he may rely to a commissioner.
upon his mortgage or other security alone, and
foreclosure the same at any time within the period of the Section 13. Judgment appealable. — The judgment of
statute of limitations, and in that event he shall not be the court approving or disapproving a claim, shall be filed
admitted as a creditor, and shall receive no share in the with the record of the administration proceedings with
distribution of the other assets of estate; but nothing notice to both parties, and is appealable as in ordinary
herein contained shall prohibit the executor or cases. A judgment against the executor or administrator
administrator from redeeming the property mortgaged shall be that he pay, in due course of administration, the
or pledged, by paying the debt for which it is held as amount ascertained to be due, and it shall not create any
security, under the direction of the court, if the court shall lien upon the property of the estate, or give to the
adjudge it to be for the best interest of the estate that judgment creditor any priority of payment.
such redemption shall be made. Section 14. Costs. — When the executor or administrator,
Section 8. Claim of executor or administrator against an in his answer, admits and offers to pay part of a claim, and
estate. — If the executor or administrator has a claim the claimant refuses to accept the amount offered in
against the estate he represents, he shall give notice satisfaction of his claim, if he fails to obtain a more
thereof, in writing, to the court, and the court shall favorable judgment, he cannot recover costs, but must
appoint a special administrator, who shall, in the pay to the executor or administrator costs from the time
adjustment of such claim, have the same power and be of the offer. Where an action commenced against the
subject to the same liability as the general administrator deceased for money has been discontinued and the
or executor in the settlement of other claims. The court claim embraced therein presented as in this rule
may order the executor or administrator to pay to the provided, the prevailing party shall be allowed the costs of
special administrator necessary funds to defend such his action up to the time of its discontinuance.
claim.
Section 9. How to file a claim. Contents thereof. Notice to RULE 87 Actions By and Against Executors and
executor or administrator. — A claim may be filed by Administrators
delivering the same with the necessary vouchers to the
clerk of court and by serving a copy thereof on the Section 1. Actions which may and which may not be
executor or administrator. If the claim be founded on a brought against executor or administrator. — No action
bond, bill, note, or any other instrument, the original need upon a claim for the recovery of money or debt or interest
not be filed, but a copy thereof with all indorsements thereon shall be commenced against the executor or
shall be attached to the claim and filed therewith. On administrator; but to recover real or personal property, or
demand, however, of the executor or administrator, or by an interest therein, from the estate, or to enforce a lien
order of the court or judge, the original shall be exhibited, thereon, and actions to recover damages for an injury to
unless it be list or destroyed, in which case the claimant person or property, real or personal, may be commenced
must accompany his claim with affidavit or affidavits against him.
containing a copy or particular description of the Section 2. Executor or administrator may bring or defend
instrument and stating its loss or destruction. When the actions which survive. — For the recovery or protection of
claim is due, it must be supported by affidavit stating the the property or rights of the deceased, an executor or
amount justly due, that no payments have been made administrator may bring or defend, in the right of
thereon which are not credited, and that there are no deceased, actions for causes which survive.
offsets to the same, to the knowledge of the affiant. If the
claim is not due, or is contingent, when filed, it must also Section 3. Heir may not sue until shall assigned — When
be supported by affidavits stating the particulars thereof. an executor or administrator is appointed and assumes
When the affidavit is made by a person other than the the trust, no action to recover the title or possession of
claimant, he must set forth therein the reason why it is lands or for damages done to such lands shall be
not made by the claimant. The claim once filed shall be maintained against him by an heir or devisee until there
attached to the record of the case in which the letters is an order of the court assigning such lands to such heir
testamentary or of administration were issued, although or devisee or until the time allowed for paying debts has
the court, in its discretion, and as a matter of expired.


Section 4. Executor or administrator may compound the action therein provided for, any creditor of the estate
with debtor. — Within the approval of the court, an may, with the permission of the court, commence and
executor or administrator may compound with the prosecute to final judgment, in the name of the executor
debtor of the deceased for a debt due, and may give a or administrator, a like action for the recovery of the
discharge of such debt on receiving a just dividend of the subject of the conveyance or attempted conveyance for
estate of the debtor. the benefit of the creditors. But the action shall not be
Section 5. Mortgage due estate may be foreclosed. — A commenced until the creditor has filed in a court a bond
mortgage belonging to the estate of a deceased person, executed to the executor or administrator, in an amount
as mortgagee or assignee of the right or a mortgage, may approved by the judge, conditioned to indemnify the
be foreclosed by the executor or administrator. executor or administrator against the costs and expenses
incurred by reason of such action. Such creditor shall have
Section 6. Proceedings when property concealed, a lien upon any judgment recovered by him in the action
embezzled, or fraudulently conveyed. — If an executor or for such costs and other expenses incurred therein as the
administrator, heir, legatee, creditor or other individual court deems equitable. Where the conveyance or
interested in the estate of the deceased, complains to the attempted conveyance had been made by the deceased
court having jurisdiction of the estate that a person is in his lifetime in favor of the executor or administrator, the
suspected of having concealed, embezzled, or conveyed action which a credit may bring shall be in the name of all
away any of the money, goods, or chattels of the the creditors, and permission of the court and filing of
deceased, or that such person has in his possession or has bond as above prescribed, are not necessary.
knowledge of any deed, conveyance, bond, contract, or
other writing which contains evidence of or tends or
discloses the right, title, interest, or claim of the deceased, RULE 88 Payment of the Debts of the Estate
the court may cite such suspected person to appear Section 1. Debts paid in full if estate sufficient. — If, after
before it any may examine him on oath on the matter of hearing all the money claims against the estate, and after
such complaint; and if the person so cited refuses to ascertaining the amount of such claims, it appears that
appear, or to answer on such examination or such there are sufficient assets to pay the debts, the executor
interrogatories as are put to him, the court may punish or administrator pay the same within the time limited for
him for contempt, and may commit him to prison until that purpose.
he submits to the order of the court. The interrogatories
put any such person, and his answers thereto, shall be in Section 2. Part of estate from which debt paid when
writing and shall be filed in the clerk's office. provision made by will. — If the testator makes provision
by his will, or designates the estate to be appropriated for
Section 7. Person entrusted with estate compelled to the payment of his debts, the expenses of administration,
render account. — The court, on complaint of an executor or the family expenses, they shall be paid according to
or administrator, may cite a person entrusted by an the provisions of the will; but if the provision made by the
executor or administrator with any part of the estate of will or the estate appropriated, is not sufficient for that
the deceased to appear before it, and may require such purpose, such part of the estate of the testator, real or
person to render a full account, on oath, of the money, personal, as is not disposed of by will, if any shall be
goods, chattels, bonds, account, or other papers appropriated for that purpose.
belonging to such estate as came to his possession in
trust for such executor or administrator, and of his Section 3. Personalty first chargeable for debts, then
proceedings thereon; and if the person so cited refuses to realty. — The personal estate of the deceased not
appear to render such account, the court may punish him disposed of by will shall be first chargeable with the
for contempt as having disobeyed a lawful order of the payment of debts and expenses; and if said personal
court. estate is not sufficient for tat purpose, or its sale would
redound to the detriment of the participants for the
Section 8. Embezzlement before letters issued — If a estate, the whole of the real estate not dispose of by will,
person, before the granting of letters testamentary or of or so much thereof as is necessary, may be sold,
administration on the estate of the deceased, embezzles mortgaged, or otherwise encumbered for that purpose
or alienates any of the money, goods, chattels, or effects by the executor or administrator, after obtaining the
of such deceased, such person shall be liable to an action authority of the court therefor. Any deficiency shall be
in favor of the executor or administrator of the estate for met by contributions in accordance with the provisions of
double the value of the property sold, embezzled, or section 6 of this rule.
alienated, to be recovered for the benefit of such estate.
Section 4. Estate to be retained to meet contingent
Section 9. Property fraudulently conveyed by deceased claims. — If the court is satisfied that a contingent claim
may be recovered. When executor or administrator must duly filed is valid, it may order the executor or
bring action. — When there is a deficiency of assets in the administrator to retain in his hands sufficient estate to
hands of an executor or administrator for the payment of pay such contingent claim when the same becomes
debts and expenses of administration, and the deceased absolute, or if the estate is insolvent, sufficient to pay a
in his lifetime had conveyed real or personal property, or a portion equal to the dividend of the other creditors.
right or interest therein, or an debt or credit, with intent
to defraud his creditors or to avoid any right, debt, or Section 5. How contingent claim becoming absolute in
duty; or had so conveyed such property, right, interest, two years allowed and paid. Action against distributees
debt or credit that by law the conveyance would be void later. — If such contingent claim becomes absolute and is
as against his creditors, and the subject of the attempted presented to the court, or to the executor or
conveyance would be liable to attachment by any of administrator, within two (2) years from the time limited
them in his lifetime, the executor or administrator may for other creditors to present their claims, it may be
commence and prosecute to final judgment an action for allowed by the court if not disputed by the executor or
the recovery of such property, right, interest, debt, or administrator and, if disputed, it may be proved and
credit for the benefit of the creditors; but he shall not be allowed or disallowed by the court as the facts may
bound to commence the action unless on application of warrant. If the contingent claim is allowed, the creditor
the creditors of the deceased, not unless the creditors shall receive payment to the same extent as the other
making the application pay such part of the costs and creditors if the estate retained by the executor or
expenses, or give security therefor to the executor or administrator is sufficient. But if the claim is not so
administrator, as the court deems equitable. presented, after having become absolute, within said two
(2) years, and allowed, the assets retained in the hands of
Section 10. When creditor may bring action. Lien for the executor or administrator, not exhausted in the
costs. — When there is such a deficiency of assets, and payment of claims, shall be disturbed by the order of the
the deceased in his lifetime had made or attempted such court to the persons entitled to the same; but the assets
a conveyance, as is stated in the last preceding section, so distributed may still be applied to the payment of the
and the executor or administrator has not commenced claim when established, and the creditor may maintain



an action against the distributees to recover the debt, Section 13. When subsequent distribution of assets
and such distributees and their estates shall be liable for ordered. — If the whole of the debts are not paid on the
the debt in proportion to the estate they have first distribution, and if the whole assets are not
respectively received from the property of the deceased. distributed, or other assets afterwards come to the hands
Section 6. Court to fix contributive shares where of the executor or administrator, the court may from time
devisees, legalitees, or heirs have been possession. — to time make further orders for the distributions of assets.
Where devisees, legalitees, or heirs have entered into Section 14. Creditors to be paid in accordance with terms
possession of portions of the estate before the debts and of order. — When an order is made for the distribution of
expenses have been settled and paid, and have become assets among the creditors, the executor or
liable to contribute for the payment of such debts and administration shall, as soon as the time of payment
expenses, the court having jurisdiction of the estate may, arrives, pay the creditors the amounts of their claims, or
by order for that purpose, after hearing, settle the amount the dividend thereon, in accordance with the terms of
of their several liabilities, and order how much and in such order.
what manner each person shall contribute, and may issue Section 15. Time for paying debts and legacies fixed, or
execution as circumstances require. extended after notice, within what periods. — On
Section 7. Order of payment if estate insolvent — If the granting letters testamentary or administration the court
assets which can be appropriated for the payment of shall allow to the executor or administrator a time for
debts are not sufficient for that purpose, the executor or disposing of the estate and paying the debts and legacies
administrator shall pay the debts against the estate, of the deceased, which shall not, in the first instance,
observing the provisions of Articles 1059 and 2239 to 2251 exceed one (1) year; but the court may, on application of
of the Civil Code. the executor or administrator and after hearing on such
Section 8. Dividends to be paid in proportion to claims. notice of the time and place therefor given to all persons
— If there are no assets sufficient to pay the credits of any interested as it shall direct, extend the time as the
one class of creditors after paying the credits entitled to circumstances of the estate require not exceeding six (6)
preference over it, each creditor within such class shall be months for a single extension not so that the whole
paid a dividend in proportion to his claim. No creditor of period allowed to the original executor or administrator
any one class shall receive any payment until those of the shall exceed two (2) years.
preceding class are paid. Section 16. Successor of dead executor or administrator
Section 9. Estate of insolvent non-resident, how disposed may have time extended on notice within certain period.
of. — In case administration is taken in the Philippine of — When an executor or administrator dies, and a new
the estate of a person who was at the time of his death an administrator of the same estate is appointed, the court
inhabitant of another country, and who died insolvent, hi may extend the time allowed for the payment of the
estate found in the Philippines shall, as far as practicable, debts or legacies beyond the time allowed to the original
be so disposed of that his creditors here and elsewhere executor or administrator, not exceeding six (6) months at
may receive each an equal share, in proportion to their a time and not exceeding six (6) months beyond the time
respective credits. which the court might have allowed to such original
executor or administrator; and notice shall be given of the
Section 10. When and how claim proved outside the time and place for hearing such application, as required
Philippines against insolvent resident's estate paid. — If it in the last preceding section.
appears to the court having jurisdiction that claims have
been duly proven in another country against the estate of
an insolvent who was at the time of his death an RULE 89 Sales, Mortgages, and Other Encumbrances
inhabitant of the Philippines, and that the executor or of Property of Decedent
administrator in the Philippines had knowledge of the
presentation of such claims in such country and an Section 1. Order of sale of personalty. — Upon the
opportunity to contest their allowance, the court shall application of the executor or administrator, and on
receive a certified list of such claims, when perfected in written notice to the heirs and other persons interested,
such country, and add the same to the list of claims the court may order the whole or a part of the personal
proved against the deceased person in the Philippines so estate to be sold, if it appears necessary for the purpose of
that a just distribution of the whole estate may be made paying debts, expenses of administration, or legacies, or
equally among all its creditors according to their for the preservation of the property.
respective claims; but the benefit of this and the Section 2. When court may authorize sale, mortgage, or
preceding sections shall not be extended to the creditors other encumbrance of realty to pay debts and legacies
in another country if the property of such deceased through personalty not exhausted. — When the personal
person there found is not equally apportioned to the estate of the deceased is not sufficient to pay the debts,
creditors residing in the Philippines and the other expenses of administration, and legacies, or where the
creditor, according to their respective claims. sale of such personal estate may injure the business or
Section 11. Order for payment of debts. — Before the other interests of those interested in the estate, and
expiration of the time limited for the payment of the where a testator has not otherwise made sufficient
debts, the court shall order the payment thereof, and the provision for the payment of such debts, expenses, and
distribution of the assets received by the executor or legacies, the court, on the application of the executor or
administrator for that purpose among the creditors, as administrator and on written notice of the heirs, devisees,
the circumstances of the estate require and in and legatees residing in the Philippines, may authorize
accordance with the provisions of this rule. the executor or administrator to sell, mortgage, or
otherwise encumber so much as may be necessary of the
Section 12. Orders relating to payment of debts where real estate, in lieu of personal estate, for the purpose of
appeal is taken. — If an appeal has been taken from a paying such debts, expenses, and legacies, if it clearly
decision of the court concerning a claim, the court may appears that such sale, mortgage, or encumbrance would
suspend the order for the payment of the debts or may be beneficial to the persons interested; and if a part
order the distributions among the creditors whose claims cannot be sold, mortgaged, or otherwise encumbered
are definitely allowed, leaving in the hands of the without injury to those interested in the remainder, the
executor or administrator sufficient assets to pay the authority may be for the sale, mortgage, or other
claim disputed and appealed. When a disputed claim is encumbrance of the whole of such real estate, or so much
finally settled the court having jurisdiction of the estate thereof as is necessary or beneficial under the
shall order the same to be paid out of the assets retained circumstances.
to the same extent and in the same proportion with the
claims of other creditors. Section 3. Persons interested may prevent such sale, etc.,
by giving bond. — No such authority to sell, mortgage, or
otherwise encumber real or personal estate shall be



granted if any person interested in the estate gives a in proper cases, such part of the estate as is deemed
bond, in a sum to be fixed by the court, conditioned to necessary, and in case of sale the court may authorize it
pay the debts, expenses of administration, and legacies to be public or private, as would be most beneficial to all
within such time as the court directs; and such bond shall parties concerned. The executor or administrator shall be
be for the security of the creditors, as well as of the furnished with a certified copy of such order;
executor or administrator, and may be prosecuted for the (e) If the estate is to be sold at auction, the mode of giving
benefit of either. notice of the time and place of the sale shall be governed
Section 4. When court may authorize sale of estate as by the provisions concerning notice of execution sale;
beneficial to interested persons. Disposal of proceeds. — (f) There shall be recorded in the registry of deeds of the
When it appears that the sale of the whole or a part of the province in which the real estate thus sold, mortgage, or
real or personal estate, will be beneficial to the heirs, otherwise encumbered is situated, a certified copy of the
devisees, legatees, and other interested persons, the order of the court, together with the deed of the executor
court may, upon application of the executor or or administrator for such real estate, which shall be as
administrator and on written notice to the heirs, devisees, valid as if the deed had been executed by the deceased in
and legatees who are interested in the estate to be sold, his lifetime.
authorize the executor or administrator to sell the whole
or a part of said estate, although not necessary to pay Section 8. When court may authorize conveyance of
debts, legacies, or expenses of administration; but such realty which deceased contracted to convey. Notice.
authority shall not be granted if inconsistent with the Effect of deed. — Where the deceased was in his lifetime
provisions of a will. In case of such sale, the proceeds shall under contract, binding in law, to deed real property, or
be assigned to the persons entitled to the estate in the an interest therein, the court having jurisdiction of the
proper proportions. estate may, on application for that purpose, authorize the
executor or administrator to convey such property
Section 5. When court may authorize sale, mortgage, or according to such contract, or with such modifications as
other encumbrance of estate to pay debts and legacies are agreed upon by the parties and approved by the
in other countries. — When the sale of personal estate, or court; and if the contract is to convey real property to the
the sale, mortgage, or other encumbrance of real estate is executor or administrator, the clerk of court shall execute
not necessary to pay the debts, expenses of the deed. The deed executed by such executor,
administration, or legacies in the Philippines, but it administrator, or clerk of court shall be as affectual to
appears from records and proceedings of a probate court convey the property as if executed by the deceased in his
in another country that the estate of the deceased in lifetime; but no such conveyance shall be authorized until
such other country is not sufficient to pay the debts, notice of the application for that purpose has been given
expenses of administration, and legacies there, the court personally or by mail to all persons interested, and such
here may authorize the executor or administrator to sell further notice has been given, by publication or
the personal estate or to sell, mortgage, or otherwise otherwise, as the court deems proper; nor if the assets in
encumber the real estate for the payment of debts or the hands of the executor or administrator will thereby be
legacies in the other country, in same manner as for the reduced so as to prevent a creditor from receiving his full
payment of debts or legacies in the Philippines. debt or diminish his dividend.
Section 6. When court may authorize sale, mortgage, or Section 9. When court may authorize conveyance of
other encumbrance of realty acquired on execution or lands which deceased held in trust. — Where the
foreclosure. — The court may authorize an executor or deceased in his lifetime held real property in trust for
administrator to sell mortgage, or otherwise encumber another person, the court may after notice given as
real estate acquired by him on execution or foreclosure required in the last preceding section, authorize the
sale, under the same circumstances and under the same executor or administrator to deed such property to the
regulations as prescribed in this rule for the sale, person, or his executor or administrator, for whose use
mortgage, or other encumbrance of other real estate. and benefit it was so held; and the court may order the
Section 7. Regulation for granting authority to sell, execution of such trust, whether created by deed or by
mortgage, or otherwise encumber estate. — The court law.
having jurisdiction of the estate of the deceased may
authorize the executor or administrator to sell personal
estate, or to sell, mortgage, or otherwise encumber real RULE 90 Distribution and Partition of the Estate
estate, in cases provided by these rules and when it Section 1. When order for distribution of reside made. —
appears necessary or beneficial under the following When the debts, funeral charges, and expenses of
regulations. administration, the allowance to the widow, and
(a) The executor or administrator shall file a written inheritance tax, if any, chargeable to the estate in
petition setting forth the debts due from the deceased, accordance with law, have been paid, the court, on the
the expenses of administration, the legacies, the value of application of the executor or administrator, or of a
the personal estate, the situation of the estate to be sold, person interested in the estate, and after hearing upon
mortgaged, or otherwise encumbered, and such other notice, shall assign the residue of the estate to the
facts as show that the sale, mortgage, or other persons entitled to the same, naming them and the
encumbrance is necessary or beneficial. proportions, or parts, to which each is entitled, and such
persons may demand and recover their respective shares
(b) The court shall thereupon fix a time and place for from the executor or administrator, or any other person
hearing such petition, and cause notice stating the having the same in his possession. If there is a controversy
nature of the petition, the reasons for the same, and the before the court as to who are the lawful heirs of the
time and place of hearing, to be given personally or by deceased person or as the distributive shares to which
mail to the persons interested, and may cause such each person is entitled under the law, the controversy
further notice to be given, by publication or otherwise, as shall be heard and decided as in ordinary cases.
it shall deem proper;
No distribution shall be allowed until the payment of the
(c) If the court requires it, the executor or administrator obligations above mentioned has been made or provided
shall give an additional bond, in such sum as the court for, unless the distributees, or any of them, give a bond, in
directs, conditioned that such executor or administrator a sum to be fixed by the court, conditioned for the
will account for the proceeds of the sale, mortgage, or payment of said obligations within such time as the court
other encumbrance; directs.
(d) If the requirements in the preceding subdivisions of Section 2. Questions as to advancement to be
this section have been complied with, the court, by order determined. — Questions as to advancement made, or
stating such compliance, may authorize the executor or alleged to have been made, by the deceased to any heir
administrator to sell, mortgage, or otherwise encumber, may be heard and determined by the court having



jurisdiction of the estate proceedings; and the final order Section 5. Other actions for escheat. — Until otherwise
of the court thereon shall be binding on the person provided by law, actions reversion or escheat of properties
raising the questions and on the heir. alienated in violation of the Constitution or of any statute
Section 3. By whom expenses of partition paid. — If at shall be governed by this rule, except that the action shall
the time of distribution the executor or administrator has be instituted in the province where the land lies in whole
retained sufficient effects in his hands which may lawfully or in part.
be applied for the expenses of partition of the properties
distributed, such expenses of partition may be paid by
such executor or administrator when it appears equitable General Guardians and Guardianship
to the court and not inconsistent with the intention of the
testator; otherwise, they shall be paid by the parties in RULE 92 Venue
proportion to their respective shares or interest in the
premises, and the apportionment shall be settled and Section 1. Where to institute proceedings. —
allowed by the court, and, if any person interested in the Guardianship of a person or estate of a minor or
partition does not pay his proportion or share, the court incompetent may be instituted in the Court of First
may issue an execution in the name of the executor or Instance of the province, or in the justice of the peace
administrator against the party not paying the sum court of the municipality, or in the municipal court
assessed. chartered city where the minor or incompetent persons
resides, and if he resides in a foreign country, in the Court
Section 4. Recording the order of partition of estate. — of First Instance of the province wherein his property or
Certified copies of final orders and judgments of the the party thereof is situated; provided, however, that
court relating to the real estate or the partition thereof where the value of the property of such minor or
shall be recorded in the registry of deeds of the province incompetent exceeds that jurisdiction of the justice of the
where the property is situated. peace or municipal court, the proceedings shall be
instituted in the Court of First Instance.
RULE 91 Escheats In the City of Manila the proceedings shall be instituted in
Section 1. When and by whom petition filed. — When a the Juvenile and Domestic Relations Court.
person dies intestate, seized of real property in the Section 2. Meaning of word "incompetent." — Under this
Philippines, leaving no heir or person by law entitled to rule, the word "incompetent" includes persons suffering
the same, the Solicitor General or his representative in the penalty of civil interdiction or who are hospitalized
behalf of the Republic of the Philippines, may file a lepers, prodigals, deaf and dumb who are unable to read
petition in the Court of First Instance of the province and write, those who are of unsound mind, even though
where the deceased last resided or in which he had they have lucid intervals, and persons not being of
estate, if he resided out of the Philippines, setting forth unsound mind, but by reason of age, disease, weak mind,
the facts, and praying that the estate of the deceased be and other similar causes, cannot, without outside aid,
declared escheated. take care of themselves and manage their property,
Section 2. Order for hearing. — If the petition is sufficient becoming thereby an easy prey for deceit and
in form and substance, the court, by an order reciting the exploitation.
purpose of the petition, shall fix a date and place for the Section 3. Transfer of venue. — The court taking
hearing thereof, which date shall be not more than six (6) cognizance of a guardianship proceeding, may transfer
months after the entry of the order, and shall direct that a the same to the court of another province or municipality
copy of the order be published before the hearing at least wherein the ward has acquired real property, if he has
once a week for six (6) successive weeks in some transferred thereto his bona-fide residence, and the latter
newspaper of general circulation published in the court shall have full jurisdiction to continue the
province, as the court shall be deem best. proceedings, without requiring payment of additional
Section 3. Hearing and judgment. — Upon satisfactory court fees.
proof in open court on the date fixed in the order that
such order has been published as directed and that the RULE 93 Appointment of Guardians
person died intestate, seized of real or personal property
in the Philippines, leaving no heir or person entitled to Section 1. Who may petition for appointment of
the same, and no sufficient cause being shown to the guardian for resident. — Any relative, friend, or other
contrary, the court shall adjudge that the estate of the person on behalf of a resident minor or incompetent who
estate of the deceased in the Philippines, after the has no parent or lawful guardian, or the minor himself if
payment of just debts and charges, shall escheat; and fourteen years of age or over, may petition the court
shall, pursuant to law, assign the personal estate to the having jurisdiction for the appointment of a general
municipality or city where he last resided in the guardian for the person or estate, or both, of such minor
Philippines, and the real estate to the municipalities or or incompetent. An officer of the Federal Administration
cities, respectively, in which the same is situated. If the of the United States in the Philippines may also file a
deceased never resided in the Philippines, the whole petition in favor of a ward thereof, and the Director of
estate may be assigned to the respective municipalities Health, in favor of an insane person who should be
or cities where the same is located. Shall estate shall be hospitalized, or in favor of an isolated leper.
for the benefit of public schools, and public charitable Section 2. Contents of petition. — A petition for the
institutions and centers in said municipalities or cities. appointment of a general guardian must show, so far as
The court, at the instance of an interested party, or on its known to the petitioner:
own motion, may order the establishment of a (a) The jurisdiction facts;
permanent trust, so that the only income from the
property shall be used. (b) The minority or incompetency rendering the
appointment necessary or convenient;
Section 4. When and by whom claim to estate filed. — If
a devisee, legatee, heir, widow, widower, or other person (c) The names, ages, and residence of the relatives of the
entitled to such estate appears and files a claim thereto minor or incompetent, and of the person having him in
with the court within five (5) years from the date of such their care;
judgment, such person shall have possession of and title (d) The probable value and character of his estate;
to the same, or if sold, the municipality or city shall be
accountable to him for the proceeds after deducting (e) The name of the person for whom letters of
reasonable charges for the care of the estate; but a claim guardianship.
not made within the said time shall be forever barred.


The petition shall be verified; but no defect in the petition disposition of the same, at the time designated by these
or verification shall render void the issuance of letters of rules and such other times as the courts directs, and at
guardianship. the expiration of his trust to settle his accounts with the
Section 3. Court to set time for hearing. Notice thereof. — court and deliver and pay over all the estate, effects, and
When a petition for the appointment of a general moneys remaining in his hands, or due from him on such
guardian is filed, the court shall fix a time and place for settlement, to the person lawfully entitled thereto;
hearing the same, and shall cause reasonable notice (d) To perform all orders of the court by him to be
thereof to be given to the persons mentioned in the performed.
petition residing in the province, including the minor if Section 2. When new bond may be required and old
above 14 years of age or the incompetent himself, and sureties discharged. — Whenever it is deemed necessary,
may direct other general or special notice thereof to be the court may require a new bond to be given by the
given. guardian, and may discharge the sureties on the old
Section 4. Opposition to petition. — Any interested bond from further liability, after due notice to interested
person may, by filing a written opposition, contest the persons, when no injury can result therefrom to those
petition on the ground of majority of the alleged minor, interested in the estate.
competency of the alleged incompetent, or the Section 3. Bonds to be filed. Actions thereon. — Every
unsuitability of the person for whom letters are prayed, bond given by a guardian shall be filed in the office of the
and may pray that the petition be dismissed, or that clerk of the court, and, in case of the breach of a condition
letters of guardianship issue to himself, or to any suitable thereof, may be prosecuted in the same proceeding or in
person named in the opposition. a separate action for the use and benefit of the ward or of
Section 5. Hearing and order for letters to issue. — At the any other person legally interested in the estate.
hearing of the petition the alleged incompetent must be
present if able to attend, and it must be shown that the
required notice has been given. Thereupon the courts RULE 95 Selling and Encumbering Property of Ward
shall hear the evidence of the parties in support of their Section 1. Petition of guardian for leave to sell or
respective allegations, and, if the person in question is a encumber estate. — When the income of the estate
minor, or incompetent it shall be appoint a suitable under guardianship is insufficient to maintain the ward
guardian of his person or estate, or both, with the powers and his family, or to maintain and educate the ward when
and duties hereinafter specified. a minor, or when it appears that it is for the benefit of the
Section 6. When and how guardian for non-resident ward that his real estate or some part thereof be sold, or
appointed. Notice. — When a person liable to be put mortgaged or otherwise encumbered, and the proceeds
under guardianship resides without the Philippines but thereof put out at interest, or invested in some productive
the estate therein, any relative or friend of such person, or security, or in the improvement or security or other real
any one interested in his estate, in expectancy or estate of the ward, the guardian may present a verified
otherwise, may petition a court having jurisdiction for the petition to the court by which he was appointed setting
appointment of a guardian for the estate, and if, after forth such facts, and praying that an order issue
notice given to such person and in such manner as the authorizing the sale or encumbrance.
court deems proper, by publication or otherwise, and Section 2. Order to show cause thereupon. — If it seems
hearing, the court is satisfied that such non-resident is a probable that such sale or encumbrance is necessary, or
minor or incompetent rendering a guardian necessary or would be beneficial to the ward, the court shall make an
convenient, it may appoint a guardian for such estate. order directing the next of kin of the ward, and all persons
Section 7. Parents as guardians. — When the property of interested in the estate, to appear at a reasonable time
the child under parental authority is worth two thousand and place therein specified to show cause why the prayer
pesos or less, the father of the mother, without the of the petition should not be granted.
necessity of court appointment, shall be his legal Section 3. Hearing on return of order. Costs. — At the
guardian. When the property of the child is worth more time and place designated in the order to show cause,
than two thousand pesos, the father or the mother shall the court shall hear the proofs and allegations of the
be considered guardian of the child's property, with the petitioner and next of kin, and other persons interested,
duties and obligations of guardians under this rules, and together with their witnesses, and grant and refuse the
shall file the petition required by section 2 hereof. For prayer of the petition as the best interest of the ward
good reasons the court may, however, appoint another require. The court shall make such order as to cost of the
suitable person. hearing as may be just.
Section 8. Service of judgment. — Final orders or Section 4. Contents of order for sale or encumbrance,
judgments under this rule shall be served upon the civil and how long effective. Bond. — If, after full examination,
registrar of the municipality or city where the minor or it appears that it is necessary, or would be beneficial to
incompetent person resides or where his property or part the ward, to sell or encumber the estate, or some portion
thereof is situated. of it, the court shall order such sale or encumbrance and
that the proceeds thereof be expended for the
maintenance of the ward and his family, or the education
RULE 94 Bonds of Guardians of the ward, if a minor, or for the putting of the same
Section 1. Bond to be given before issuance of letters. interest, or the investment of the same as the
Amount. Condition. — Before a guardian appointed circumstances may require. The order shall specify the
enters upon the execution of his trust, or letters of causes why the sale or encumbrance is necessary or
guardianship issue, he shall give a bond, in such sum as beneficial, and may direct that estate ordered sold be
the court directs, conditioned as follows: disposed of at either public or private sale, subject to such
(a) To make and return to the court, within three (3) conditions as to the time and manner of payment, and
months, a true and complete inventory of all the estate, security where a part of the payment is deferred as in the
real and personal, of his ward which shall come to his discretion of the court are deemed most beneficial to the
possession or knowledge of any other person for him; ward. The original bond of the guardian shall stand as
security for the proper appropriation of the proceeds of
(b) To faithfully execute the duties of his trust, to manage the sale, but the judge may, if deemed expedient, require
and dispose of the estate according to these rules for the an additional bond as a condition for the granting of the
best interests of the ward, and to provide for the proper order of sale. No order of sale granted in pursuance of this
care, custody, and education of the ward; section shall continue in force more than one (1) year after
(c) To render a true and just account of all the estate of granting the same, without a sale being had.
the ward in his hands, and of all proceeds or interest
derived therefrom, and of the management and



Section 5. Court may order investment of proceeds and included in an inventory already rendered is discovered,
direct management of estate. — The court may authorize or succeeded to, or acquired by the ward, like
and require the guardian to invest the proceeds of sales proceedings shall be had for securing an inventory and
or encumbrances, and any other of his ward's money in appraisement thereof within three (3) months after such
his hands, in real estate or otherwise, as shall be for the discovery, succession, or acquisition.
best interest of all concerned, and may make such other Section 8. When guardian's accounts presented for
orders for the management, investment, and disposition settlement. Expenses and compensation allowed. —
of the estate and effects, as circumstances may require. Upon the expiration of a year from the time of his
appointment, and as often thereafter as may be required,
RULE 96 General Powers and Duties of Guardians a guardian must present his account to the court for
settlement and allowance. In the settlement of the
Section 1. To what guardianship shall extend. — A account, the guardian, other than a parent, shall be
guardian appointed shall have the care and custody of allowed the amount of his reasonable expenses incurred
the person of his ward, and the management of his in the execution of his trust and also such compensation
estate, or the management of the estate only, as the case for his services as the court deems just, not exceeding
may be. The guardian of the estate of a non-resident shall fifteen per centum of the net income of the ward.
have the management of all the estate of the ward within
the Philippines, and no court other than that in which
such guardian was appointed shall have jurisdiction over RULE 97 Termination of Guardianship
the guardianship. Section 1. Petition that competency of ward be
Section 2. Guardian to pay debts of ward. — Every adjudged, and proceedings thereupon. — A person who
guardian must pay the ward's just debts out of his has been declared incompetent for any reason, or his
personal estate and the income of his real estate, if guardian, relative, or friend, may petition the court to
sufficient; if not, then out of his real estate upon obtaining have his present competency judicially determined. The
an order for the sale or encumbrance thereof. petition shall be verified by oath, and shall state that such
Section 3. Guardian to settle accounts, collect debts, and person is then competent. Upon receiving the petition,
appear in actions for ward. — A guardian must settle all the court shall fix a time for hearing the questions raised
accounts of his ward, and demand, sue for, and receive all thereby, and cause reasonable notice thereof to be given
debts due him, or may, with the approval of the court, to the guardian of the person so declared incompetent,
compound for the same and give discharges to the and to the ward. On the trial, the guardian or relatives of
debtor, on receiving a fair and just dividend of the estate the ward, and, in the discretion of the court, any other
and effects; and he shall appear for and represent his person, may contest the right to the relief demanded, and
ward in all actions and special proceedings, unless witnesses may be called and examined by the parties or
another person be appointed for that purpose. by the court on its own motion. If it be found that the
person is no longer incompetent, his competency shall be
Section 4. Estate to be managed frugally, and proceeds adjudged and the guardianship shall cease.
applied to maintenance of ward. — A guardian must
manage the estate of his ward frugally and without the Section 2. When the guardian removed or allowed to
waste, and apply the income and profits thereof, so far as resign. New appointment. — When a guardian becomes
may be necessary, to the comfortable and suitable insane or otherwise incapable of discharging his trust or
maintenance of the ward and his family, if there be any; unsuitable therefor, or has wasted or mismanaged the
and if such income and profits be insufficient for that estate, or failed for thirty (30) days after it is due to render
purpose, the guardian may sell or encumber the real an account or make a return, the court may, upon
estate, upon being authorized by order so to do, and reasonable notice to the guardian, remove him, and
apply to such of the proceeds as may be necessary to compel him to surrender the estate of the ward to the
such maintenance. person found to be lawfully entitled thereto. A guardian
may resign when it appears proper to allow the same;
Section 5. Guardian may be authorized to join in and upon his resignation or removal the court may
partition proceedings after hearing. — The court may appoint another in his place.
authorized the guardian to join in an assent to a partition
of real or personal estate held by the ward jointly or in Section 3. Other termination of guardianship. — The
common with others, but such authority shall only be marriage or voluntary emancipation of a minor ward
granted after hearing, upon such notice to relatives of the terminates the guardianship of the person of the ward,
ward as the court may direct, and a careful investigation and shall enable the minor to administer his property as
as to the necessity and propriety of the proposed action. though he were of age, but he cannot borrow the money
or alienate or encumber real property without the
Section 6. Proceedings when the person suspected of consent of his father or mother, or guardian. He can sue
embezzling or concealing property of ward. — Upon and be sued in court only with the assistance of his father,
complaint of the guardian or ward, or of any person mother or guardian. The guardian of any person may be
having actual or prospective interest in the estate of the discharged by the court when it appears, upon the
ward as creditor, heir, or otherwise, that anyone is application of the ward or otherwise, that the
suspected of having embezzled, concealed, or conveyed guardianship is no longer necessary.
away any money, goods, or interest, or a written
instrument, belonging to the ward or his estate, the court Section 4. Record to be kept by the justice of the peace
may cite the suspected person to appear for examination or municipal judge. — When a justice of the peace or
touching such money, goods, interest, or instrument, and municipal court takes cognizance of the proceedings in
make such orders as will secure the estate against such pursuance of the provisions of these rules, the record of
embezzlement, concealment or conveyance. the proceedings shall be kept as in the Court of First
Instance.
Section 7. Inventories and accounts of guardians, and
appraisement of estates. — A guardian must render to Section 5. Service of judgment. — Final orders of
the court an inventory of the estate of his ward within judgments under this rule shall be served upon the civil
three (3) months after his appointment, and annually registrar of the municipality or city where the minor or
after such appointment an inventory and account, the incompetent person resides or where his property or part
rendition of any of which may be compelled upon the thereof is situated.
application of an interested person. Such inventories and
accounts shall be sworn to by the guardian. All the estate RULE 98 Trustees
of the ward described in the first inventory shall be
appraised. In the appraisement the court may request Section 1. Where trustee appointed. — A trustee
the assistance of one or more of the inheritance tax necessary to carry into effect the provisions of a will on
appraisers. And whenever any property of the ward not written instrument shall be appointed by the Court of



First Instance in which the will was allowed, if it be a will hands and the management and disposition thereof, and
allowed in the Philippines, otherwise by the Court of First will render such other accounts as the court may order;
Instance of the province in which the property, or some (d) That at the expiration of his trust he will settle his
portion thereof, affected by the trust is situated. account in court and pay over and deliver all the estate
Section 2. Appointment and powers of trustees under remaining in his hands, or due from him on such
will. Executor of former trustee need not administer trust. settlement, to the person or persons entitled to thereto.
— If a testator has omitted in his will to appoint a trustee But when the trustee is appointed as a successor to a
in the Philippines, and if such appointment is necessary prior trustee, the court may dispense with the making
to carry into effect the provisions of the will, the proper and return of an inventory, if one has already been filed,
Court of First Instance may, after notice to all persons and in such case the condition of the bond shall be
interested, appoint a trustee who shall have the same deemed to be altered accordingly.
rights, powers, and duties, and in whom the estate shall
vest, as if he had been appointed by the testator. No Section 7. Appraisal. Compensation of trustee. — When
person succeeding to a trust as executor or administrator an inventory is required to be returned by a trustee, the
of a former trustee shall be required to accept such trust. estate and effects belonging to the trust shall be
appraised and the court may order one or more
Section 3. Appointment and powers of new trustee inheritance tax appraisers to assist in the appraisement.
under written instrument. — When a trustee under a The compensation of the trustee shall be fixed by the
written instrument declines, resigns, dies or removed court, if it be not determined in the instrument creating
before the objects of the trust are accomplished, and no the trust.
adequate provision is made in such instrument for
supplying the vacancy, the proper Court of First Instance Section 8. Removal or resignation of trustee. — The
may, after due notice to all persons interested, appoint a proper Court of First Instance may, upon petition of the
new trustee to act alone or jointly with the others, as the parties beneficially interested and after due notice to the
case may be. Such new trustee shall have and exercise trustee and hearing, remove a trustee if such removal
the same powers, right, and duties as if he had been appears essential in the interest of the petitioner. The
originally appointed, and the trust estate shall vest in him court may also, after due notice to all persons interested,
in like manner as it had vested or would have vested, in remove a trustee who is insane or otherwise incapable of
the trustee in whose place he is substituted and the court discharging his trust or evidently unsuitable therefor. A
may order such conveyance to be made by the former trustee, whether appointed by the court or under a
trustee or his representatives, or by the other remaining written instrument, may resign his trust if it appears to
trustees, as may be necessary or proper to vest the trust the court proper to allow such resignation.
estate in the new trustee, either or jointly with the others. Section 9. Proceedings for sale or encumbrance of trust
Section 4. Proceedings where trustee appointed abroad. estate. — When the sale or encumbrance of any real or
— When land in the Philippines is held in trust for personal estate held in trust is necessary or expedient,
persons resident here by a trustee who derives his the court having jurisdiction of the trust may, on petition
authority from without the Philippines, such trustee shall, and after due notice and hearing, order such sale or
on petition filed in the Court of First Instance of the encumbrance to be made, and the re-investment and
province where the land is situated, and after due notice application of the proceeds thereof in such manner as
to all persons interested, be ordered to apply to the court will best effect the objects of the trust. The petition,
for appointment as trustee; and upon his neglect or notice, hearing, order of sale or encumbrance, and record
refusal to comply with such order, the court shall declare of proceedings, shall conform as nearly as may be to the
such trust vacant, and shall appoint a new trustee in provisions concerning the sale or imcumbrance by
whom the trust estate shall vest in like manner as if he guardians of the property of minors or other wards.
had been originally appointed by such court.
Section 5. Trustee must file bond. — Before entering on RULE 99 Adoption and Custody of Minors
the duties of his trust, a trustee shall file with the clerk of
the court having jurisdiction of the trust a bond in the New Rule on Adoption, effective August 22, 2002
amount fixed by the judge of said court, payable to the Section 1. Venue. — A person desiring to adopt another or
Government of the Philippines and sufficient and have the custody of a minor shall present his petition to
available for the protection of any party in interest, and a the Court of First Instance of the province, or the
trustee who neglects to file such bond shall be municipal or justice of the peace court of the city or
considered to have declined or resigned the trust; but the municipality in which he resides.
court may until further order exempt a trustee under a
In the City of Manila, the proceedings shall be instituted
will from giving a bond when the testator has directed or
in the Juvenile and Domestic Relations Court.
requested such exemption and may so exempt any
trustee when all persons beneficially interested in the Section 2. Contents of petition. — The petition for
trust, being of full age, request the exemption. Such adoption shall contain the same allegations required in a
exemption may be cancelled by the court at any time and petition for guardianship, to wit:
the trustee required to forthwith file a bond. (a) The jurisdictional facts;
Section 6. Conditions included in bond. — The following (b) The qualification of the adopter;
conditions shall be deemed to be part of the bond
whether written therein or not; (c) That the adopter is not disqualified by law;
(a) That the trustee will make and return to the court, at (d) The name, age, and residence of the person to be
such time as it may order, a true inventory of all the real adopted and of his relatives of the persons who have him
and personal estate belonging to him as trustee, which at under their care;
the time of the making of such inventory shall have come (e) The probable value and character of the estate of the
to his possession or knowledge; person to be adopted.
(b) That he will manage and dispose of all such estate, Section 3. Consent of adoption. — There shall be filed
and faithfully discharge his trust in relation thereto, with the petition a written consent to the adoption
according to law and the will of the testator or the signed by the child, if fourteen years of age or over and
provisions of the instrument or order under which he is not incompetent, and by the child's spouse, if any, and by
appointed; each of its known living parents who is not insane or
(c) That he will render upon oath at least once a year until hopelessly intemperate or has not abandoned such child,
his trust is fulfilled, unless he is excused therefrom in any or if there is no such parents by the general guardian or
year by the court, a true account of the property in his guardian ad litem of the child, or if the child is in the
custody of an orphan asylum, children's home, or


benevolent society or person, by the proper officer of cannot be found, requiring the fiscal of the province to
such asylum, home, or society, or by such person; but if show cause, at a time and place fixed in the order, why
the child is illegitimate and has not been recognized, the the child should not be taken from its parents, if living;
consent of its father to the adoption shall not be required. and if upon the hearing it appears that the allegations of
If the person to be adopted is of age, only his or her the petition are true, and that it is order taking it from its
consent and that of the spouse, if any, shall be required. parents, if living; and committing it to any suitable orphan
asylum, children's home, or benevolent society or person
Section 4. Order for hearing. — If the petition and to be ultimately placed, by adoption or otherwise, in a
consent filed are sufficient in form and substance, the home found for it by such asylum, children's home,
court, by an order reciting the purpose of the petition, society, or person.
shall fix a date and place for the hearing thereof, which
shall not be more than six (6) months after the entry of Section 8. Service of judgment. — Final orders or
the order, and shall direct that a copy of the order be judgments under this rule shall be served by the clerk
published before the hearing at least once a week for upon the civil registrar of the city or municipality wherein
three (3) successive weeks in some newspaper of general the court issuing the same is situated.
circulation published in the province, as the court shall
deem best. RULE 100 Rescission and Revocation of Adoption
Section 5. Hearing and judgment. — Upon satisfactory Section 1. Who may file petition; grounds. — A minor or
proof in open court on the date fixed in the order that other incapacitated person may, through a guardian or
such order has been published as directed, that the guardian ad litem, petition for the rescission or revocation
allegations of petition are true, and that it is a proper case of his or her adoption for the same causes that authorize
for adoption and the petitioner or petitioners are able to the deprivation of parental authority.
bring up and educate the child properly, the court shall
adjudge that thenceforth the child is free from all legal The adopter may, likewise, petition the court for the
obligations of obedience and maintenance with respect rescission of revocation of the adoption in any of these
to its natural parents, except the mother when the child is cases:
adopted by her husband, and is, to all legal intents and (a) If the adopted person has attempted against the file of
purposes, the child of the petitioner or petitioners, and the adopter;
that its surname is changed to that the petitioner or
petitioners. The adopted person or child shall thereupon (b) When the adopted minor has abandoned the home of
become the legal heir of his parents by adoption and the adopter for more than three (3) years;
shall also remain the legal heir of his natural parents. In (c) When by other acts the adopted person has
case of the death of the adopted person or child, his repudiated the adoption.
parents and relatives by nature, and not by adoption, shall
Section 2. Order to answer. — The court in which the
be his legal heirs.
petition is filed shall issue an order requiring the adverse
Section 6. Proceedings as to the child whose parents are party to answer the petition within fifteen (15) days from
separated. Appeal. — When husband and wife are receipt of a copy thereof. The order and a copy of the
divorce or living separately and apart from each other, petition shall be served on the adverse party in such
and the question as to the care, custody, and control of a manner as the court may direct
child or children of their marriage is brought before a
Section 3. Judgment. — If upon trial, on the day set
Court of First Instance by petition or as an incident to any
therefor, the court finds that the allegations of the
other proceeding, the court, upon hearing the testimony
petition are true, it shall render judgment ordering the
as may be pertinent, shall award the care, custody, and
rescission or revocation of the adoption, with or without
control of each such child as will be for its best interest,
costs, as justice requires.
permitting the child to choose which parent it prefers to
live with if it be over ten years of age, unless the parent so Section 4. Service of Judgment. — A certified copy of the
chosen be unfit to take charge of the child by the reason judgment rendered in accordance with the next
of moral depravity, habitual drunkenness, incapacity, or preceding section shall be served upon the civil registrar
poverty. If, upon such hearing, it appears that both concerned, within thirty (30) days from rendition thereof,
parents are improper persons to have the care, custody, who shall forthwith enter the action taken by the court in
and control of the child, the court may either designate the register.
the paternal or maternal grandparent of the child, or his Section 5. Time within which to file petition. — A minor or
oldest brother or sister, or some reputable and discreet other incapacitated person must file the petition for
person to take charge of such child, or commit it to any rescission or revocation of adoption within the five (5)
suitable asylum, children's home, or benevolent society. years following his majority, or if he was incompetent at
The court may in conformity with the provisions of the the time of the adoption, within the five (5) years
Civil Code order either or both parents to support or help following the recovery from such incompetency.
support said child, irrespective of who may be its
custodian, and may make any order that is just and The adopter must also file the petition to set aside the
reasonable permitting the parent who is deprived of its adoption within five (5) years from the time the cause or
care and custody to visit the child or have temporary causes giving rise to the rescission or revocation of the
custody thereof. Either parent may appeal from an order same took place.
made in accordance with the provisions of this section.
No child under seven years of age shall be separated from
its mother, unless the court finds there are compelling
RULE 101 Proceedings for Hospitalization of Insane
reasons thereof. Persons
Section 7. Proceedings as to vagrant or abused child. — Section 1. Venue, Petition for commitment. — A petition
When the parents of any minor child are dead, or by for the commitment of a person to a hospital or other
reason of long absence or legal or physical disability have place for the insane may be filed with the Court of First
abandoned it, or cannot support it through vagrancy, Instance of the province where the person alleged to be
negligence, or misconduct, or neglect or refuse to insane is found. The petition shall be filed by the Director
support it, or treat it with excessive harshness or give it of Health in all cases where, in his opinion, such
corrupting orders, counsels, or examples, or cause or commitment is for the public welfare, or for the welfare of
allow it to engage in begging, or to commit offenses said person who, in his judgment, is insane and such
against the law, the proper Court of First Instance, upon person or the one having charge of him is opposed to his
petition filed by some reputable resident of the province being taken to a hospital or other place for the insane.
setting forth the facts, may issue an order requiring such Section 2. Order for hearing. — If the petition filed is
parents to show cause, or, if the parents are dead or sufficient in form and substance, the court, by an order


reciting the purpose of the petition, shall fix a date for the allowed, the person shall not be discharged by reason of
hearing thereof, and copy of such order shall be served on any informality or defect in the process, judgment, or
the person alleged to be insane, and to the one having order. Not shall anything in this rule be held to authorize
charge him, or on such of his relatives residing in the the discharge of a person charged with or convicted of an
province or city as the judge may deem proper. The court offense in the Philippines, or of a person suffering
shall furthermore order the sheriff to produce the alleged imprisonment under lawful judgment.
insane person, if possible, on the date of the hearing. Section 5. When the writ must be granted and issued. —
Section 3. Hearing and judgment. — Upon satisfactory A court or judge authorized to grant the writ must, when
proof, in open court on the date fixed in the order, that a petition therefor is presented and it appears that the
the commitment applied for is for the public welfare or writ ought to issue, grant the same forthwith, and
for the welfare of the insane person, and that his relatives immediately thereupon the clerk of the court shall issue
are unable for any reason to take proper custody and care the writ under the seal of the court; or in case of
of him, the court shall order his commitment to such emergency, the judge may issue the writ under his own
hospital or other place for the insane as may be hand, and may depute any officer or person to serve it.
recommended by the Director of Health. The court shall Section 6. To whom writ directed, and what to require. —
make proper provisions for the custody of property or In case of imprisonment or restraint by an officer, the writ
money belonging to the insane until a guardian be shall be directed to him, and shall command him to have
properly appointed. the body of the person restrained of his liberty before the
Section 4. Discharge of insane. — When, in the opinion court or judge designated in the writ at the time and
of the Director of Health, the person ordered to be place therein specified. In case of imprisonment or
committed to a hospital or other place for the insane is restraint by a person not an officer, the writ shall be
temporarily or permanently cured, or may be released directed to an officer, and shall command him to take
without danger he may file the proper petition with the and have the body of the person restrained of his liberty
Court of First Instance which ordered the commitment. before the court or judge designated in the writ at the
Section 5. Assistance of fiscal in the proceeding. — It time and place therein specified, and to summon the
shall be the duty of the provincial fiscal or in the City of person by whom he is restrained then and there to
Manila the fiscal of the city, to prepare the petition for the appear before said court or judge to show the cause of
Director of Health and represent him in court in all the imprisonment or restraint.
proceedings arising under the provisions of this rule. Section 7. How prisoner designated and writ served. —
The person to be produced should be designated in the
writ by his name, if known, but if his name is not known
RULE 102 Habeas Corpus he may be otherwise described or identified. The writ
Section 1. To what habeas corpus extends. — Except as may be served in any province by the sheriff or other
otherwise expressly provided by law, the writ of habeas proper officer, or by a person deputed by the court or
corpus shall extend to all cases of illegal confinement or judge. Service of the writ shall be made by leaving the
detention by which any person is deprived of his liberty, original with the person to whom it is directed and
or by which the rightful custody of any person is withheld preserving a copy on which to make return or service. If
from the person entitled thereto. that person cannot be found, or has not the prisoner in
his custody, then the service shall be made on any other
Section 2. Who may grant the writ. — The writ of habeas person having or exercising such custody.
corpus may be granted by the Supreme Court, or any
member thereof in the instances authorized by law, and if Section 8. How writ executed and returned. — The officer
so granted it shall be enforceable anywhere in the to whom the writ is directed shall convey the person so
Philippines, and may be made returnable before the imprisoned or restrained, and named in the writ, before
court or any member thereof, or before a Court of First the judge allowing the writ, or in case of his absence or
Instance, or any judge thereof for the hearing and disability, before some other judge of the same court, on
decision on the merits. It may also be granted by a Court the day specified in the writ, unless, from sickness or
of First Instance, or a judge thereof, on any day and at any infirmity of the person directed to be produced, such
time, and returnable before himself, enforceable only person cannot, without danger, be bought before the
within his judicial district. court or judge; and the officer shall make due return of
the writ, together with the day and the cause of the
Section 3. Requisites of application therefor. — caption and restraint of such person according to the
Application for the writ shall be by petition signed and command thereof.
verified either by the party for whose relief it is intended,
or by some person on his behalf, and shall set forth: Section 9. Defect of form. — No writ of habeas corpus
can be disobeyed for defect of form, if it sufficiently
(a) That the person in whose behalf the application is appears therefrom in whose custody or under whose
made is imprisoned or restrained on his liberty; restraint the party imprisoned or restrained is held and
(b) The officer or name of the person by whom he is so the court or judge before whom he is to be bought.
imprisoned or restrained; or, if both are unknown or Section 10. Contents of return. — When the person to be
uncertain, such officer or person may be described by an produced is imprisoned or restrained by an officer, the
assumed appellation, and the person who is served with person who makes the return shall state therein, and in
the writ shall be deemed the person intended; other cases the person in whose custody the prisoner is
(c) The place where he is so imprisoned or restrained, if found shall state, in writing to the court or judge before
known; whom the writ is returnable, plainly and unequivocally:
(d) A copy of the commitment or cause of detention of (a) Whether he has or has not the party in his custody or
such person, if it can be procured without impairing the power, or under restraint;
efficiency of the remedy; or, if the imprisonment or (b) If he has the party in his custody or power, or under
restraint is without any legal authority, such fact shall restraint, the authority and the true and whole cause
appear. thereof, set forth at large, with a copy of the writ, order
Section 4. When writ not allowed or discharge execution, or other process, if any, upon which the party is
authorized. — If it appears that the person alleged to be held;
restrained of his liberty is in the custody of an officer (c) If the party is in his custody or power or is restrained by
under process issued by a court or judge or by virtue of a him, and is not produced, particularly the nature and
judgment or order of a court of record, and that the court gravity of the sickness or infirmity of such party by reason
or judge had jurisdiction to issue the process, render the of which he cannot, without danger, be bought before
judgment, or make the order, the writ shall not be the court or judge;
allowed; or if the jurisdiction appears after the writ is


(d) If he has had the party in his custody or power, or of the warrant or order of commitment, shall forfeit to the
under restraint, and has transferred such custody or party aggrieved the sum of one thousand pesos, to be
restraint to another, particularly to whom, at what time, recorded in a proper action, and may also be punished by
for what cause, and by what authority such transfer was the court or judge as for contempt.
made. Section 17. Person discharged not to be again
Section 11. Return to be signed and sworn to. — The imprisoned. — A person who is set at liberty upon a writ
return or statement shall be signed by the person who of habeas corpus shall not be again imprisoned for the
makes it; and shall also be sworn by him if the prisoner is same offense unless by the lawful order or process of a
not produced, and in all other cases unless the return is court having jurisdiction of the cause or offense; and a
made and signed by a sworn public officer in his official person who knowingly, contrary to the provisions of this
capacity. rule, recommits or imprisons, or causes to be committed
Section 12. Hearing on return. Adjournments. — When or imprisoned, for the same offense, or pretended offense,
the writ is returned before one judge, at a time when the any person so set at liberty, or knowingly aids or assists
court is in session, he may forthwith adjourn the case into therein, shall forfeit to the party aggrieved the sum of one
the court, there to be heard and determined. The court or thousand pesos, to be recovered in a proper action,
judge before whom the writ is returned or adjourned notwithstanding any colorable pretense or variation in
must immediately proceed to hear and examine the the warrant of commitment, and may also be punished
return, and such other matters as are properly submitted by the court or judge granting the writ as for contempt.
for consideration, unless for good cause shown the Section 18. When prisoner may be removed from one
hearing is adjourned, in which event the court or judge custody to another. — A person committed to prison, or
shall make such order for the safekeeping of the person in custody of an officer, for any criminal matter, shall not
imprisoned or restrained as the nature of the case be removed therefrom into the custody of another unless
requires. If the person imprisoned or restrained is not by legal process, or the prisoner be delivered to an inferior
produced because of his alleged sickness or infirmity, the officer to carry to jail, or, by order of the proper court or
court or judge must be satisfied that it is so grave that judge, be removed from one place to another within the
such person cannot be produced without danger, before Philippines for trial, or in case of fire epidemic,
proceeding to hear and dispose of the matter. On the insurrection, or other necessity or public calamity; and a
hearing the court or judge shall disregard matters of form person who, after such commitment, makes signs, or
and technicalities in respect to any warrant or order of counter-signs any order for such removal contrary to this
commitment of a court or officer authorized to commit section, shall forfeit to the party aggrieved the sum of one
by law. thousand pesos, to be recovered in a proper action.
Section 13. When the return evidence, and when only a Section 19. Record of writ, fees and costs. — The
plea. — If it appears that the prisoner is in custody under proceedings upon a writ of habeas corpus shall be
a warrant of commitment in pursuance of law, the return recorded by the clerk of the court, and upon the final
shall be considered prima facie evidence of the cause of disposition of such proceedings the court or judge shall
restraint, but if he is restrained of his liberty by any make such order as to costs as the case requires. The fees
alleged private authority, the return shall be considered of officers and witnesses shall be included in the costs
only as a plea of the facts therein set forth, and the party taxed, but no officer or person shall have the right to
claiming the custody must prove such facts. demand payment in advance of any fees to which he is
Section 14. When person lawfully imprisoned entitled by virtue of the proceedings. When a person
recommitted, and when let to bail. — If it appears that confined under color of proceedings in a criminal case is
the prisoner was lawfully committed, and is plainly and discharged, the costs shall be taxed against the Republic
specifically charged in the warrant of commitment with of the Philippines, and paid out of its Treasury; when a
an offense punishable by death, he shall not be released, person in custody by virtue or under color of proceedings
discharged, or bailed. If he is lawfully imprisoned or in a civil case is discharged, the costs shall be taxed
restrained on a charge of having committed an offense against him, or against the person who signed the
not so punishable, he may be recommitted to application for the writ, or both, as the court shall direct.
imprisonment or admitted to bail in the discretion of the
court or judge. If he be admitted to bail, he shall forthwith RULE 103 Change of Name
file a bond in such sum as the court or judge deems
reasonable, considering the circumstances of the Section 1. Venue. — A person desiring to change his
prisoner and the nature of the offense charged, name shall present the petition to the Court of First
conditioned for his appearance before the court where Instance of the province in which he resides, or, in the City
the offense is properly cognizable to abide its order of of Manila, to the Juvenile and Domestic Relations Court.
judgment; and the court or judge shall certify the Section 2. Contents of petition. — A petition for change of
proceedings, together with the bond, forthwith to the name shall be signed and verified by the person desiring
proper court. If such bond is not so filed, the prisoner his name changed, or some other person on his behalf,
shall be recommitted to confinement. and shall set forth:
Section 15. When prisoner discharged if no appeal. — (a) That the petitioner has been a bona fide resident of
When the court or judge has examined into the cause of the province where the petition is filed for at least three
caption and restraint of the prisoner, and is satisfied that (3) years prior to the date of such filing;
he is unlawfully imprisoned or restrained, he shall
forthwith order his discharge from confinement, but (b) The cause for which the change of the petitioner's
such discharge shall not be effective until a copy of the name is sought;
order has been served on the officer or person detaining (c) The name asked for.
the prisoner. If the officer or person detaining the
Section 3. Order for hearing. — If the petition filed is
prisoner does not desire to appeal, the prisoner shall be
sufficient in form and substance, the court, by an order
forthwith released.
reciting the purpose of the petition, shall fix a date and
Section 16. Penalty for refusing to issue writ, or for place for the hearing thereof, and shall direct that a copy
disobeying the same. — A clerk of a court who refuses to of the order be published before the hearing at least once
issue the writ after allowance thereof and demand a week for three (3) successive weeks in some newspaper
therefor, or a person to whom a writ is directed, who of general circulation published in the province, as the
neglects or refuses to obey or make return of the same court shall deem best. The date set for the hearing shall
according to the command thereof, or makes false return not be within thirty (30) days prior to an election nor
thereof, or who, upon demand made by or on behalf of within four (4) month after the last publication of the
the prisoner, refuses to deliver to the person demanding, notice.
within six (6) hours after the demand therefor, a true copy



Section 4. Hearing. — Any interested person may appear (a) The jurisdictional facts;

at the hearing and oppose the petition. The Solicitor (b) The names and residences of the parents who
General or the proper provincial or city fiscal shall appear acknowledged the child, or of either of them, and their
on behalf of the Government of the Republic. compulsory heirs, and the person or persons with whom
Section 5. Judgment. — Upon satisfactory proof in open the child lives;
court on the date fixed in the order that such order has (c) The fact that the recognition made by the parent or
been published as directed and that the allegations of parents took place in a statement before a court of record
the petition are true, the court shall, if proper and or in an authentic writing, copy of the statement or
reasonable cause appears for changing the name of the writing being attached to the petition.
petitioner, adjudge that such name be changed in
accordance with the prayer of the petition. Section 3. Order for hearing. — Upon the filing of the
petition, the court, by an order reciting the purpose of the
Section 6. Service of judgment. — Judgments or orders same, shall fix the date and place for the hearing thereof,
rendered in connection with this rule shall be furnished which date shall not be more than six (6) months after
the civil registrar of the municipality or city where the the entry of the order, and shall, moreover, cause a copy
court issuing the same is situated, who shall forthwith of the order to be served personally or by mail upon the
enter the same in the civil register. interested parties, and published once a week for three
(3) consecutive weeks, in a newspaper or newspaper of
RULE 104 Voluntary Dissolution of Corporations general circulation in the province.
Section 1. Where, by whom and on what showing Section 4. Opposition. — Any interested party must,
application made. — A petition for dissolution of a within fifteen (15) days from the service, or from the last
corporation shall be filed in the Court of First Instance of date of publication, of the order referred to in the next
the province where the principal office of a corporation is preceding section, file his opposition to the petition,
situated. The petition shall be signed by a majority of its stating the grounds or reasons therefor.
board of directors or other officers having the Section 5. Judgment. — If, from the evidence presented
management of its affairs, verified by its president or during the hearing, the court is satisfied that the
secretary or one of its directors, and shall set forth all recognition of the minor natural child was willingly and
claims and demands against it, and that its dissolution voluntarily made by the parent or parents concerned, and
was resolved upon by a majority of the members, or, if a that the recognition is for the best interest of the child, it
stock corporation, by the affirmative vote of the shall render judgment granting judicial approval of such
stockholders holding and representing two-thirds of all recognition.
shares of stock issued or subscribed, at a meeting of its
Section 6. Service of judgment upon civil registrar. — A
members or stockholders called for that purpose.
copy of the judgment rendered in accordance with the
Section 2. Order thereupon for filing objections. — If the preceding section shall be served upon the civil registrar
petition is sufficient in form and substance, the court by whose duty it shall be to enter the same in the register.
an order reciting the purpose of the petition, shall fix a
date on or before which objections thereto may be filed
by any person, which date shall not be less that thirty (30) RULE 106 Constitution of Family Home
nor more than sixty (60) days after the entry of the order. Section 1. Who may constitute. — The head of a family
Before such date a copy of the order shall be published at owning a house and the land on which it is situated may
least once a week for four (4) successive weeks in some constitute the same into a family home by filing a verified
newspaper of general circulation published in the petition to that effect with the Court of First Instance of
municipality or city where the principal office of the the province or city where the property is located. In the
corporation is situated, or, if there be no such newspaper, City of Manila, the petition shall be filed in the Juvenile
then in some newspaper of general circulation in the and Domestic Relations Court.
Philippines, and a similar copy shall be posted for four (4)
weeks in three public places in such municipality or city. When there is danger that a person obliged to give
support may lose his or her fortune because of grave
Section 3. Hearing, dissolution, and disposition of assets. mismanagement or on account of riotous living, his or
Receiver. — Upon five (5) days notice given after the date her spouse, if any, and a majority of those entitled to be
on which the right to file objections as fixed in the order supported by him or by her may petition the Court of
expired, the court shall proceed to hear the petition and First Instance for the creation of the family home.
try any issue made by objections filed; and if no such
objection is sufficient, and the material allegations of the Section 2. Contents of petition. — The petition shall
petition are true, it shall render judgment dissolving the contain the following particulars:
corporation and directing such disposition of its assets as (a) Description of the property;
justice requires, and may appoint a receiver to collect
such assets and pay the debts of the corporation. (b) An estimate of its actual value;
Section 4. What shall constitute record. — The petition, (c) A statement that the petitioner is actually residing in
orders, proof of publication and posting, objections filed, the premises;
declaration of dissolution, and any evidence taken, shall (d) The encumbrances thereon;
constitute the record in the case. (e) The names and addresses of all the creditors of the
petitioner or head of the family and of all mortgages and
RULE 105 Judicial Approval of Voluntary other persons who have an interest in the property;
Recognition of Minor Natural Children (f) The names of all the beneficiaries of the family home.
Section 1. Venue. — Where judicial approval of a voluntary Section 3. Notice and publication. — The court shall
recognition of a minor natural child is required, such child notify the creditors, mortgagees and all other persons
or his parents shall obtain the same by filing a petition to who have an interest in the estate, of the filing of the
that effect with the Court of First Instance of the province petition, causing copies thereof to be served upon them,
in which the child resides. In the City of Manila, the and published once a week for three (3) consecutive
petition shall be filed in the Juvenile and Domestic weeks in a newspaper of general circulation. The petition
Relations Court. shall, moreover, be caused to be posted in a conspicuous
place in the parcel of land mentioned therein, and also in
Section 2. Contents of petition. — The petition for judicial a conspicuous place of the municipal building of the
approval of a voluntary recognition of a minor natural municipality or city in which the land is situated, for at
child shall contain the following allegations: least fourteen (14) days prior to the day of the hearing.


Section 4. Objection and date of hearing. — In the notice newspaper of general circulation in the province or city
and publication required in the preceding section, the where the absentee resides, as the court shall deem best.
court shall require the interested parties to file their Section 5. Opposition. — Anyone appearing to contest
objection to the petition within a period of not less than the petition shall state in writing his grounds therefor,
thirty (30) days from receipt of notice or from the date of and serve a copy thereof on the petitioner and other
last publication, and shall fix the date and time of the interested parties on or before the date designated for
hearing of the petition. the hearing.
Section 5. Order. — After hearing, if the court finds that Section 6. Proof at hearing; order. — At the hearing,
the actual value of the proposed family home does not compliance with the provisions of section 4 of this rule
exceed twenty thousand pesos, or thirty thousand pesos must first be shown. Upon satisfactory proof of the
in chartered cities, and that no third person is prejudiced allegations in the petition, the court shall issue an order
thereby, or that creditors have given sufficient security for granting the same and appointing the representative,
their credits, the petition shall be approved. trustee or administrator for the absentee. The judge shall
Section 6. Registration of order. — A certified copy of the take the necessary measures to safeguard the rights and
order of the court approving the establishment of the interests of the absentee and shall specify the powers,
family home shall be furnished the register of deeds who obligations and remuneration of his representative,
shall record the same in the registry of property. trustee or administrator, regulating them by the rules
concerning guardians.
RULE 107 Absentees In case of declaration of absence, the same shall not take
effect until six (6) months after its publication in a
Section 1. Appointment of representative. — When a newspaper of general circulation designated by the court
person disappears from his domicile, his whereabouts and in the Official Gazette.
being unknown, and without having left an agent to
administer his property, or the power conferred upon the Section 7. Who may be appointed. — In the appointment
agent has expired, any interested party, relative or friend of a representative, the spouse present shall be preferred
may petition the Court of First Instance of the place when there is no legal separation. If the absentee left no
where the absentee resided before his disappearance, for spouse, or if the spouse present is a minor or otherwise
the appointment of a person to represent him incompetent, any competent person may be appointed
provisionally in all that may be necessary. In the City of by the court.
Manila, the petition shall be filed in the Juvenile and In case of declaration of absence, the trustee or
Domestic Relations Court. administrator of the absentee's property shall be
Section 2. Declaration of absence; who may petition. — appointed in accordance with the preceding paragraph.
After the lapse of two (2) years from his disappearance Section 8. Termination of administration. — The
and without any news about the absentee or since the trusteeship or administration of the property of the
receipt of the last news, or of five (5) years in case the absentee shall cease upon order of the court in any of the
absentee has left a person in charge of the administration following cases:
of his property, the declaration of his absence and
(a) When the absentee appears personally or by means of
appointment of a trustee or administrative may be
an agent;
applied for by any of the following:
(b) When the death of the absentee is proved and his
(a) The spouse present;
testate or intestate heirs appear;
(b) The heirs instituted in a will, who may present an
(c) When a third person appears, showing by a proper
authentic copy of the same.
document that he has acquired the absentee's property
(c) The relatives who would succeed by the law of by purchase or other title.
intestacy; and
In these cases the trustee or administrator shall cease in
(d) Those who have over the property of the absentee the performance of his office, and the property shall be
some right subordinated to the condition of his death. placed at the disposal of whose may have a right thereto.
Section 3. Contents of petition. — The petition for the
appointment of a representative, or for the declaration of RULE 108 Cancellation Or Correction Of Entries In
absence and the appointment of a trustee or an
administrator, must show the following: The Civil Registry
(a) The jurisdictional facts; Section 1. Who may file petition. — Any person interested
in any act, event, order or decree concerning the civil
(b) The names, ages, and residences of the heirs status of persons which has been recorded in the civil
instituted in the will, copy of which shall be presented, register, may file a verified petition for the cancellation or
and of the relatives who would succeed by the law of correction of any entry relating thereto, with the Court of
intestacy; First Instance of the province where the corresponding
(c) The names and residences of creditors and others who civil registry is located.
may have any adverse interest over the property of the Section 2. Entries subject to cancellation or correction. —
absentee; Upon good and valid grounds, the following entries in the
(d) The probable value, location and character of the civil register may be cancelled or corrected: (a) births: (b)
property belonging to the absentee. marriage; (c) deaths; (d) legal separations; (e) judgments
of annulments of marriage; (f) judgments declaring
Section 4. Time of hearing; notice and publication marriages void from the beginning; (g) legitimations; (h)
thereof. — When a petition for the appointment of a adoptions; (i) acknowledgments of natural children; (j)
representative, or for the declaration of absence and the naturalization; (k) election, loss or recovery of citizenship;
appointment of a trustee or administrator, is filed, the (l) civil interdiction; (m) judicial determination of filiation;
court shall fix a date and place for the hearing thereof (n) voluntary emancipation of a minor; and (o) changes of
where all concerned may appear to contest the petition. name.
Copies of the notice of the time and place fixed for the Section 3. Parties. — When cancellation or correction of
hearing shall be served upon the known heirs, legatees, an entry in the civil register is sought, the civil registrar
devisees, creditors and other interested persons, at least and all persons who have or claim any interest which
ten (10) days before the day of the hearing, and shall be would be affected thereby shall be made parties to the
published once a week for three (3) consecutive weeks proceeding.
prior to the time designated for the hearing, in a
Section 4. Notice and publication. — Upon the filing of
the petition, the court shall, by an order, fix the time and



place for the hearing of the same, and cause reasonable (a) For offenses where a preliminary investigation is
notice thereof to be given to the persons named in the required pursuant to section 1 of Rule 112, by filing the
petition. The court shall also cause the order to be complaint with the proper officer for the purpose of
published once a week for three (3) consecutive weeks in conducting the requisite preliminary investigation.
a newspaper of general circulation in the province. (b) For all other offenses, by filing the complaint or
Section 5. Opposition. — The civil registrar and any information directly with the Municipal Trial Courts and
person having or claiming any interest under the entry Municipal Circuit Trial Courts, or the complaint with the
whose cancellation or correction is sought may, within office of the prosecutor. In Manila and other chartered
fifteen (15) days from notice of the petition, or from the cities, the complaint shall be filed with the office of the
last date of publication of such notice, file his opposition prosecutor unless otherwise provided in their charters.
thereto. The institution of the criminal action shall interrupt the
Section 6. Expediting proceedings. — The court in which running period of prescription of the offense charged
the proceeding is brought may make orders expediting unless otherwise provided in special laws. (1a)
the proceedings, and may also grant preliminary Section 2. The Complaint or information. — The
injunction for the preservation of the rights of the parties complaint or information shall be in writing, in the name
pending such proceedings. of the People of the Philippines and against all persons
Section 7. Order. — After hearing, the court may either who appear to be responsible for the offense involved.
dismiss the petition or issue an order granting the (2a)
cancellation or correction prayed for. In either case, a Section 3. Complaint defined. — A complaint is a sworn
certified copy of the judgment shall be served upon the written statement charging a person with an offense,
civil registrar concerned who shall annotated the same in subscribed by the offended party, any peace officer, or
his record. other public officer charged with the enforcement of the
law violated. (3)
RULE 109 Appeals in Special Proceedings Section 4. Information defined. — An information is an
Section 1. Orders or judgments from which appeals may accusation in writing charging a person with an offense,
be taken. — An interested person may appeal in special subscribed by the prosecutor and filed with the court.
proceedings from an order or judgment rendered by a (4a)
Court of First Instance or a Juvenile and Domestic Section 5. Who must prosecute criminal actions. — All
Relations Court, where such order or judgment: criminal actions either commenced by complaint or by
(a) Allows or disallows a will; information shall be prosecuted under the direction and
control of a public prosecutor. In case of heavy work
(b) Determines who are the lawful heirs of a deceased schedule of the public prosecutor, or in the event of lack
person, or the distributive share of the estate to which of public prosecutors, the private prosecutor may be
such person is entitled; authorized in writing by the Chief of the Prosecution
(c) Allows or disallows, in whole or in part, any claim Office or the Regional State Prosecutor to prosecute the
against the estate of a deceased person, or any claim case subject to the approval of the court. Once so
presented on behalf of the estate in offset to a claim authorized to prosecute the criminal action, the private
against it; prosecutor shall continue to prosecute the case up to the
end of the trial even in the absence of a public prosecutor,
(d) Settles the account of an executor, administrator, unless the authority is revoked or otherwise withdrawn.
trustee or guardian; (A.M. No 02-2-07-SC)
(e) Constitutes, in proceedings relating to the settlement The crimes of adultery and concubinage shall not be
of the estate of a deceased person, or the administration prosecuted except upon a complaint filed by the
of a trustee or guardian, a final determination in the lower offended spouse. The offended party cannot institute
court of the rights of the party appealing, except that no criminal prosecution without including the guilty parties,
appeal shall be allowed from the appointment of a if both alive, nor, in any case, if the offended party has
special administrator; and consented to the offense or pardoned the offenders.
(f) Is the final order or judgment rendered in the case, The offenses of seduction, abduction and acts of
and affects the substantial rights of the person appealing lasciviousness shall not be prosecuted except upon a
unless it be an order granting or denying a motion for a complaint filed by the offended party or her parents,
new trial or for reconsideration. grandparents or guardian, nor, in any case, if the offender
Section 2. Advance distribution in special proceedings. — has been expressly pardoned by any of them. If the
Notwithstanding a pending controversy or appeal in offended party dies or becomes incapacitated before she
proceedings to settle the estate of a decedent, the court can file the complaint, and she has no known parents,
may, in its discretion and upon such terms as it may grandparents or guardian, the State shall initiate the
deem proper and just, permit that such part of the estate criminal action in her behalf.
may not be affected by the controversy or appeal be The offended party, even if a minor, has the right to
distributed among the heirs or legatees, upon initiate the prosecution of the offenses of seduction,
compliance with the conditions set forth in Rule 90 of this abduction and acts of lasciviousness independently of
rules. her parents, grandparents, or guardian, unless she is
incompetent or incapable of doing so. Where the
offended party, who is a minor, fails to file the complaint,
The Revised Rules of Criminal her parents, grandparents, or guardian may file the same.

The right to file the action granted to parents,
Procedure grandparents or guardian shall be exclusive of all other
persons and shall be exercised successively in the order
herein provided, except as stated in the preceding
paragraph.
(As amended, December 1, 2000) No criminal action for defamation which consists in the
imputation of the offenses mentioned above shall be
RULE 110 Prosecution of Offenses brought except at the instance of and upon complaint
filed by the offended party. (5a)
Section 1. Institution of criminal actions. — Criminal
actions shall be instituted as follows: The prosecution for violation of special laws shall be
governed by the provisions thereof. (n)


Section 6. Sufficiency of complaint or information. — A the law prescribes a single punishment for various
complaint or information is sufficient if it states the name offenses. (13a)
of the accused; the designation of the offense given by Section 14. Amendment or substitution. — A complaint
the statute; the acts or omissions complained of as or information may be amended, in form or in substance,
constituting the offense; the name of the offended party; without leave of court, at any time before the accused
the approximate date of the commission of the offense; enters his plea. After the plea and during the trial, a
and the place where the offense was committed. formal amendment may only be made with leave of court
When an offense is committed by more than one person, and when it can be done without causing prejudice to
all of them shall be included in the complaint or the rights of the accused.
information. (6a) However, any amendment before plea, which
Section 7. Name of the accused. — The complaint or downgrades the nature of the offense charged in or
information must state the name and surname of the excludes any accused from the complaint or information,
accused or any appellation or nickname by which he has can be made only upon motion by the prosecutor, with
been or is known. If his name cannot be ascertained, he notice to the offended party and with leave of court. The
must be described under a fictitious name with a court shall state its reasons in resolving the motion and
statement that his true name is unknown. copies of its order shall be furnished all parties, especially
If the true name of the accused is thereafter disclosed by the offended party. (n)
him or appears in some other manner to the court, such If it appears at any time before judgment that a mistake
true name shall be inserted in the complaint or has been made in charging the proper offense, the court
information and record. (7a) shall dismiss the original complaint or information upon
Section 8. Designation of the offense. — The complaint the filing of a new one charging the proper offense in
or information shall state the designation of the offense accordance with section 19, Rule 119, provided the
given by the statute, aver the acts or omissions accused shall not be placed in double jeopardy. The court
constituting the offense, and specify its qualifying and may require the witnesses to give bail for their
aggravating circumstances. If there is no designation of appearance at the trial. (14a)
the offense, reference shall be made to the section or Section 15. Place where action is to be instituted. —
subsection of the statute punishing it. (8a) (a) Subject to existing laws, the criminal action shall be
Section 9. Cause of the accusation. — The acts or instituted and tried in the court of the municipality or
omissions complained of as constituting the offense and territory where the offense was committed or where any
the qualifying and aggravating circumstances must be of its essential ingredients occurred.
stated in ordinary and concise language and not (b) Where an offense is committed in a train, aircraft, or
necessarily in the language used in the statute but in other public or private vehicle while in the course of its
terms sufficient to enable a person of common trip, the criminal action shall be instituted and tried in the
understanding to know what offense is being charged as court of any municipality or territory where such train,
well as its qualifying and aggravating circumstances and aircraft or other vehicle passed during such its trip,
for the court to pronounce judgment. (9a) including the place of its departure and arrival.
Section 10. Place of commission of the offense. — The (c) Where an offense is committed on board a vessel in
complaint or information is sufficient if it can be the course of its voyage, the criminal action shall be
understood from its allegations that the offense was instituted and tried in the court of the first port of entry or
committed or some of the essential ingredients occurred of any municipality or territory where the vessel passed
at some place within the jurisdiction of the court, unless during such voyage, subject to the generally accepted
the particular place where it was committed constitutes principles of international law.
an essential element of the offense or is necessary for its
identification. (10a) (d) Crimes committed outside the Philippines but
punishable under Article 2 of the Revised Penal Code
Section 11. Date of commission of the offense. — It is not shall be cognizable by the court where the criminal
necessary to state in the complaint or information the action is first filed. (15a)
precise date the offense was committed except when it is
a material ingredient of the offense. The offense may be Section 16. Intervention of the offended party in criminal
alleged to have been committed on a date as near as action. — Where the civil action for recovery of civil
possible to the actual date of its commission. (11a) liability is instituted in the criminal action pursuant to
Rule 111, the offended party may intervene by counsel in
Section 12. Name of the offended party. — The complaint the prosecution of the offense. (16a)
or information must state the name and surname of the
person against whom or against whose property the
offense was committed, or any appellation or nickname RULE 111 Prosecution of Civil Action
by which such person has been or is known. If there is no
better way of identifying him, he must be described Section 1. Institution of criminal and civil actions. — (a)
under a fictitious name. When a criminal action is instituted, the civil action for
the recovery of civil liability arising from the offense
(a) In offenses against property, if the name of the charged shall be deemed instituted with the criminal
offended party is unknown, the property must be action unless the offended party waives the civil action,
described with such particularity as to properly identify reserves the right to institute it separately or institutes the
the offense charged. civil action prior to the criminal action.
(b) If the true name of the of the person against whom or The reservation of the right to institute separately the civil
against whose properly the offense was committed is action shall be made before the prosecution starts
thereafter disclosed or ascertained, the court must cause presenting its evidence and under circumstances
the true name to be inserted in the complaint or affording the offended party a reasonable opportunity to
information and the record. make such reservation.
(c) If the offended party is a juridical person, it is sufficient When the offended party seeks to enforce civil liability
to state its name, or any name or designation by which it against the accused by way of moral, nominal, temperate,
is known or by which it may be identified, without need or exemplary damages without specifying the amount
of averring that it is a juridical person or that it is thereof in the complaint or information, the filing fees
organized in accordance with law. (12a) thereof shall constitute a first lien on the judgment
Section 13. Duplicity of the offense. — A complaint or awarding such damages.
information must charge but one offense, except when Where the amount of damages, other than actual, is
specified in the complaint or information, the


corresponding filing fees shall be paid by the offended action instituted under section 3 of this Rule or which
party upon the filing thereof in court. thereafter is instituted to enforce liability arising from
Except as otherwise provided in these Rules, no filing fees other sources of obligation may be continued against the
shall be required for actual damages. estate or legal representative of the accused after proper
substitution or against said estate, as the case may be.
No counterclaim, cross-claim or third-party complaint The heirs of the accused may be substituted for the
may be filed by the accused in the criminal case, but any deceased without requiring the appointment of an
cause of action which could have been the subject executor or administrator and the court may appoint a
thereof may be litigated in a separate civil action. (1a) guardian ad litem for the minor heirs.
(b) The criminal action for violation of Batas Pambansa The court shall forthwith order said legal representative or
Blg. 22 shall be deemed to include the corresponding civil representatives to appear and be substituted within a
action. No reservation to file such civil action separately period of thirty (30) days from notice.
shall be allowed.
A final judgment entered in favor of the offended party
Upon filing of the aforesaid joint criminal and civil actions, shall be enforced in the manner especially provided in
the offended party shall pay in full the filing fees based on these rules for prosecuting claims against the estate of
the amount of the check involved, which shall be the deceased.
considered as the actual damages claimed. Where the
complaint or information also seeks to recover liquidated, If the accused dies before arraignment, the case shall be
moral, nominal, temperate or exemplary damages, the dismissed without prejudice to any civil action the
offended party shall pay additional filing fees based on offended party may file against the estate of the
the amounts alleged therein. If the amounts are not so deceased. (n)
alleged but any of these damages are subsequently Section 5. Judgment in civil action not a bar. — A final
awarded by the court, the filing fees based on the judgment rendered in a civil action absolving the
amount awarded shall constitute a first lien on the defendant from civil liability is not a bar to a criminal
judgment. action against the defendant for the same act or
Where the civil action has been filed separately and trial omission subject of the civil action. (4a)
thereof has not yet commenced, it may be consolidated Section 6. Suspension by reason of prejudicial question.
with the criminal action upon application with the court — A petition for suspension of the criminal action based
trying the latter case. If the application is granted, the trial upon the pendency of a prejudicial question in a civil
of both actions shall proceed in accordance with section 2 action may be filed in the office of the prosecutor or the
of this Rule governing consolidation of the civil and court conducting the preliminary investigation. When the
criminal actions. (cir. 57-97) criminal action has been filed in court for trial, the
Section 2. When separate civil action is suspended. — petition to suspend shall be filed in the same criminal
After the criminal action has been commenced, the action at any time before the prosecution rests. (6a)
separate civil action arising therefrom cannot be Section 7. Elements of prejudicial question. — The
instituted until final judgment has been entered in the elements of a prejudicial question are: (a) the previously
criminal action. instituted civil action involves an issue similar or
If the criminal action is filed after the said civil action has intimately related to the issue raised in the subsequent
already been instituted, the latter shall be suspended in criminal action, and (b) the resolution of such issue
whatever stage it may be found before judgment on the determines whether or not the criminal action may
merits. The suspension shall last until final judgment is proceed. (5a)
rendered in the criminal action. Nevertheless, before
judgment on the merits is rendered in the civil action, the RULE 112 Preliminary Investigation
same may, upon motion of the offended party, be
consolidated with the criminal action in the court trying Section 1. Preliminary investigation defined; when
the criminal action. In case of consolidation, the evidence required. — Preliminary investigation is an inquiry or
already adduced in the civil action shall be deemed proceeding to determine whether there is sufficient
automatically reproduced in the criminal action without ground to engender a well-founded belief that a crime
prejudice to the right of the prosecution to cross-examine has been committed and the respondent is probably
the witnesses presented by the offended party in the guilty thereof, and should be held for trial.
criminal case and of the parties to present additional Except as provided in Section 6 of this Rule, a preliminary
evidence. The consolidated criminal and civil actions shall
investigation is required to be conducted before the filing
be tried and decided jointly.
of a complaint or information for an offense where the
During the pendency of the criminal action, the running penalty prescribed by law is at least four (4) years, two (2)
of the period of prescription of the civil action which months and one (1) day without regard to the fine. (1a)
cannot be instituted separately or whose proceeding has
been suspended shall be tolled. (n) Section 2. Officers authorized to conduct preliminary
investigations. — The following may conduct preliminary
The extinction of the penal action does not carry with it investigations:
extinction of the civil action. However, the civil action
based on delict shall be deemed extinguished if there is a (a) Provincial or City Prosecutors and their assistants;
finding in a final judgment in the criminal action that the (b) National and Regional State Prosecutors; and
act or omission from which the civil liability may arise did
not exist. (2a) (c) Other officers as may be authorized by law.
Section 3. When civil action may be proceeded Their authority to conduct preliminary investigations shall
independently. — In the cases provided for in Articles 32, include all crimes cognizable by the proper court in their
33, 34 and 2176 of the Civil Code of the Philippines, the respective territorial jurisdictions. (2a)
independent civil action may be brought by the offended Section 3. Procedure. — The preliminary investigation
party. It shall proceed independently of the criminal shall be conducted in the following manner:
action and shall require only a preponderance of
evidence. In no case, however, may the offended party (a) The complaint shall state the address of the
recover damages twice for the same act or omission respondent and shall be accompanied by affidavits of the
charged in the criminal action. (3a) complainant and his witnesses, as well as other
Section 4. Effect of death on civil actions. — The death of supporting documents to establish probable cause. They
the accused after arraignment and during the pendency shall be in such number of copies as there are
of the criminal action shall extinguish the civil liability respondents, plus two (2) copies for the official file. The
arising from the delict. However, the independent civil affidavits shall be subscribed and sworn to before any


prosecutor or government official authorized to No complaint or information may be filed or dismissed by

administer oath, or, in their absence or unavailability, an investigating prosecutor without the prior written
before a notary public, each of whom must certify that he authority or approval of the provincial or city prosecutor
personally examined the affiants and that he is satisfied or the Ombudsman or his deputy.
that they voluntarily executed and understood their
affidavits. Where the investigating prosecutor recommends the
dismissal of the complaint but his recommendation is
(b) Within ten (10) days after the filing of the complaint, disapproved by the provincial or city prosecutor or chief
the investigating officer shall either dismiss it if he finds state prosecutor or the Ombudsman or his deputy on the
no ground to continue with the investigation, or issue a ground that a probable cause exists, the latter may, by
subpoena to the respondent attaching to it a copy of the himself, file the information against the respondent, or
complaint and its supporting affidavits and document. direct another assistant prosecutor or state prosecutor to
The respondent shall have the right to examine the do so without conducting another preliminary
evidence submitted by the complainant which he may investigation.
not have been furnished and to copy them at his expense. If upon petition by a proper party under such rules as the
If the evidence is voluminous, the complainant may be Department of Justice may prescribe or motu proprio,
required to specify those which he intends to present the Secretary of Justice reverses or modifies the
against the respondent, and these shall be made resolution of the provincial or city prosecutor or chief
available for examination or copying by the respondent at state prosecutor, he shall direct the prosecutor concerned
his expense. either to file the corresponding information without
Objects as evidence need not be furnished a party but conducting another preliminary investigation, or to
shall be made available for examination, copying or dismiss or move for dismissal of the complaint or
photographing at the expense of the requesting party. information with notice to the parties. The same rule shall
apply in preliminary investigations conducted by the
(c) Within ten (10) days from receipt of the subpoena with officers of the Office of the Ombudsman. (4a)
the complaint and supporting affidavits and documents,
Section 5. When warrant of arrest may issue. — (a) By
the respondent shall submit his counter-affidavit and
that of his witnesses and other supporting documents the Regional Trial Court. — Within ten (10) days from the
relied upon for his defense. The counter-affidavits shall be filing of the complaint or information, the judge shall
subscribed and sworn to and certified as provided in personally evaluate the resolution of the prosecutor and
paragraph (a) of this section, with copies thereof its supporting evidence. He may immediately dismiss the
furnished by him to the complainant. The respondent case if the evidence on record clearly fails to establish
shall not be allowed to file a motion to dismiss in lieu of a probable cause. If he finds probable cause, he shall issue
counter-affidavit. a warrant of arrest, or a commitment order when the
complaint or information was filed pursuant to section 6
(d) If the respondent cannot be subpoenaed, or if of this Rule. In case of doubt on the existence of probable
subpoenaed, does not submit counter-affidavits within cause, the judge may order the prosecutor to present
the ten (10) day period, the investigating officer shall additional evidence within five (5) days from notice and
resolve the complaint based on the evidence presented the issue must be resolved by the court within thirty (30)
by the complainant. days from the filing of the complaint or information.
(e) The investigating officer may set a hearing if there are (b) By the Municipal Trial Court. — When required
such facts and issues to be clarified from a party or a pursuant to the second paragraph of section 1 of this
witness. The parties can be present at the hearing but Rule, the preliminary investigation of cases falling under
without the right to examine or cross-examine. They may, the original jurisdiction of the Metropolitan Trial Court,
however, submit to the investigating officer questions Municipal Trial Court in Cities, Municipal Trial Court or
which may be asked to the party or witness concerned. Municipal Circuit Trial Court SHALL be conducted by the
prosecutor. The procedure for the issuance of a warrant of
The hearing shall be held within ten (10) days from
arrest by the judge shall be governed by paragraph (a) of
submission of the counter-affidavits and other this section.
documents or from the expiration of the period for their
submission. It shall be terminated within five (5) days. (c) When warrant of arrest not necessary. — A warrant of
arrest shall not issue if the accused is already under
(f) Within ten (10) days after the investigation, the
detention pursuant to a warrant issued by the municipal
investigating officer shall determine whether or not there trial court in accordance with paragraph (b) of this
is sufficient ground to hold the respondent for trial, (3a) section, or if the complaint or information was filed
Section 4. Resolution of investigating prosecutor and its pursuant to section 6 of this Rule or is for an offense
review. — If the investigating prosecutor finds cause to penalized by fine only. The court shall then proceed in the
hold the respondent for trial, he shall prepare the exercise of its original jurisdiction. (6a)
resolution and information. He shall certify under oath in Section 6. When accused lawfully arrested without
the information that he, or as shown by the record, an warrant. — When a person is lawfully arrested without a
authorized officer, has personally examined the warrant involving an offense which requires a preliminary
complainant and his witnesses; that there is reasonable investigation, the complaint or information may be filed
ground to believe that a crime has been committed and by a prosecutor without need of such investigation
that the accused is probably guilty thereof; that the provided an inquest has been conducted in accordance
accused was informed of the complaint and of the with existing rules. In the absence or unavailability of an
evidence submitted against him; and that he was given inquest prosecutor, the complaint may be filed by the
an opportunity to submit controverting evidence. offended party or by a peace officer directly with the
Otherwise, he shall recommend the dismissal of the proper court on the basis of the affidavit of the offended
complaint. party or arresting officer or person.
Within five (5) days from his resolution, he shall forward Before the complaint or information is filed, the person
the record of the case to the provincial or city prosecutor arrested may ask for a preliminary investigation in
or chief state prosecutor, or to the Ombudsman or his accordance with this Rule, but he must sign a waiver of
deputy in cases of offenses cognizable by the the provisions of Article 125 of the Revised Penal Code, as
Sandiganbayan in the exercise of its original jurisdiction. amended, in the presence of his counsel.
They shall act on the resolution within ten (10) days from Notwithstanding the waiver, he may apply for bail and
their receipt thereof and shall immediately inform the the investigation must be terminated within fifteen (15)
parties of such action. days from its inception.


After the filing of the complaint or information in court shall cause the warrant to be executed within ten (10)
without a preliminary investigation, the accused may days from its receipt. Within ten (10) days after the
within five (5) days from the time he learns of its filing, expiration of the period, the officer to whom it was
ask for a preliminary investigation with the same right to assigned for execution shall make a report to the judge
adduce evidence in his defense as provided in this Rule. who issued the warrant. In case of his failure to execute
(7a; sec. 2, R.A. No. 7438) the warrant, he shall state the reasons therefor. (4a)
Section 7.. Records. — Section 5. Arrest without warrant; when lawful. — A
peace officer or a private person may, without a warrant,
(a) Records supporting the information or complaint. — arrest a person:
An information or complaint filed in court shall be
supported by the affidavits and counter-affidavits of the (a) When, in his presence, the person to be arrested has
parties and their witnesses, together with the other committed, is actually committing, or is attempting to
supporting evidence and the resolution on the case. commit an offense;
(b) Record of preliminary investigation. — The record of (b) When an offense has just been committed, and he has

probable cause to believe based on personal knowledge
the preliminary investigation conducted by a prosecutor
of facts or circumstances that the person to be arrested
OR OTHER OFFICERS AS MAY BE AUTHORIZED BY LAW
has committed it; and
shall not form part of the record of the case. However, the
court, on its own initiative or on motion of any party, may (c) When the person to be arrested is a prisoner who has
order the production of the record or any of its part when escaped from a penal establishment or place where he is
necessary in the resolution of the case or any incident serving final judgment or is temporarily confined while
therein, or when it is to be introduced as an evidence in his case is pending, or has escaped while being
the case by the requesting party. (8a) transferred from one confinement to another.
Section 8. Cases not requiring a preliminary In cases falling under paragraph (a) and (b) above, the
investigation nor covered by the Rule on Summary person arrested without a warrant shall be forthwith
Procedure. — delivered to the nearest police station or jail and shall be
proceeded against in accordance with section 7 of Rule
(a) If filed with the prosecutor. — If the complaint is filed 112. (5a)
directly with the prosecutor involving an offense
punishable by an imprisonment of less than four (4) years, Section 6. Time of making arrest. — An arrest may be
two (2) months and one (1) day, the procedure outlined in made on any day and at any time of the day or night. (6)
section 3(a) of this Rule shall be observed. The prosecutor Section 7. Method of arrest by officer by virtue of
shall act on the complaint based on the affidavits and warrant. — When making an arrest by virtue of a warrant,
other supporting documents submitted by the the officer shall inform the person to be arrested of the
complainant within ten (10) days from its filing. cause of the arrest and of the fact that a warrant has been
(b) If filed with the Municipal Trial Court. — If the issued for his arrest, except when he flees or forcibly
resists before the officer has opportunity to so inform
complaint or information is filed with the Municipal Trial
him, or when the giving of such information will imperil
Court or Municipal Circuit Trial Court for an offense
the arrest. The officer need not have the warrant in his
covered by this section, the procedure in section 3(a) of
possession at the time of the arrest but after the arrest, if
this rule shall be observed. If within ten (10) days after the
the person arrested so requires, the warrant shall be
filing of the complaint of information, the judge finds no
shown to him as soon as practicable. (7a)
probable cause after personally evaluating the evidence,
or after personally examining in writing and under oath Section 8. Method of arrest by officer without warrant. —
the complainant and his witnesses in the form of When making an arrest without a warrant, the officer
searching questions and answers, he shall dismiss the shall inform the person to be arrested of his authority and
same. He may, however, require the submission of the cause of the arrest, unless the latter is either engaged
additional evidence, within ten (10) days from notice, to in the commission of an offense, is pursued immediately
determine further the existence of probable cause. If the after its commission, has escaped, flees or forcibly resists
judge still finds no probable cause despite the additional before the officer has opportunity so to inform him, or
evidence, he shall, within ten (10) days from its when the giving of such information will imperil the
submission or expiration of said period, dismiss the case. arrest. (8a)
When he finds probable cause, he shall issue a warrant of Section 9. Method of arrest by private person. — When
arrest, or a commitment order if the accused had already making an arrest, a private person shall inform the person
been arrested, and hold him for trial. However, if the to be arrested of the intention to arrest him and cause of
judge is satisfied that there is no necessity for placing the the arrest, unless the latter is either engaged in the
accused under custody, he may issue summons instead commission of an offense, is pursued immediately after
of a warrant of arrest. (9a) its commission, or has escaped, flees, or forcibly resists
(A.M. No. 05-8-26-SC, [August 30, 2005]) before the person making the arrest has opportunity to
so inform him, or when the giving of such information will
imperil the arrest. (9a)
RULE 113 Arrest
Section 10. Officer may summon assistance. — An officer
Section 1. Definition of arrest. — Arrest is the taking of a making a lawful arrest may orally summon as many
person into custody in order that he may be bound to persons as he deems necessary to assist him in effecting
answer for the commission of an offense. (1) the arrest. Every person so summoned by an officer shall
Section 2. Arrest; how made. — An arrest is made by an assist him in effecting the arrest when he can render
actual restraint of a person to be arrested, or by his such assistance without detriment to himself. (10a)
submission to the custody of the person making the Section 11. Right of officer to break into building or
arrest. enclosure. — An officer, in order to make an arrest either
No violence or unnecessary force shall be used in making by virtue of a warrant, or without a warrant as provided in
an arrest. The person arrested shall not be subject to a section 5, may break into any building or enclosure where
greater restraint than is necessary for his detention. (2a) the person to be arrested is or is reasonably believed to
be, if he is refused admittance thereto, after announcing
Section 3. Duty of arresting officer. — It shall be the duty his authority and purpose. (11a)
of the officer executing the warrant to arrest the accused
and to deliver him to the nearest police station or jail Section 12. Right to break out from building or enclosure.
without unnecessary delay. (3a) — Whenever an officer has entered the building or
enclosure in accordance with the preceding section, he
Section 4. Execution of warrant. — The head of the office
to whom the warrant of arrest was delivered for execution



may break out therefrom when necessary to liberate or his bail shall be cancelled upon a showing by the
himself. (12a) prosecution, with notice to the accused, of the following
Section 13. Arrest after escape or rescue. — If a person or other similar circumstances:
lawfully arrested escapes or is rescued, any person may (a) That he is a recidivist, quasi-recidivist, or habitual
immediately pursue or retake him without a warrant at delinquent, or has committed the crime aggravated by
any time and in any place within the Philippines. (13) the circumstance of reiteration;
Section 14. Right of attorney or relative to visit person (b) That he has previously escaped from legal
arrested. — Any member of the Philippine Bar shall, at confinement, evaded sentence, or violated the conditions
the request of the person arrested or of another acting in of his bail without valid justification;
his behalf, have the right to visit and confer privately with (c) That he committed the offense while under probation,
such person in the jail or any other place of custody at any parole, or conditional pardon;
hour of the day or night. Subject to reasonable
regulations, a relative of the person arrested can also (d) That the circumstances of his case indicate the
exercise the same right. (14a) probability of flight if released on bail; or
(e) That there is undue risk that he may commit another
RULE 114 Bail crime during the pendency of the appeal.
The appellate court may, motu proprio or on motion of
Section 1. Bail defined. — Bail is the security given for the
any party, review the resolution of the Regional Trial Court
release of a person in custody of the law, furnished by him
after notice to the adverse party in either case. (5a)
or a bondsman, to guarantee his appearance before any
court as required under the conditions hereinafter Section 6. Capital offense defined. — A capital offense is
specified. Bail may be given in the form of corporate an offense which, under the law existing at the time of its
surety, property bond, cash deposit, or recognizance. (1a) commission and of the application for admission to bail,
may be punished with death. (6a)
Section 2. Conditions of the bail; requirements. — All
kinds of bail are subject to the following conditions: Section 7. Capital offense of an offense punishable by
reclusion perpetua or life imprisonment, not bailable. —
(a) The undertaking shall be effective upon approval, and
No person charged with a capital offense, or an offense
unless cancelled, shall remain in force at all stages of the
punishable by reclusion perpetua or life imprisonment,
case until promulgation of the judgment of the Regional
shall be admitted to bail when evidence of guilt is strong,
Trial Court, irrespective of whether the case was originally
regardless of the stage of the criminal prosecution. (7a)
filed in or appealed to it;
Section 8. Burden of proof in bail application. — At the
(b) The accused shall appear before the proper court
hearing of an application for bail filed by a person who is
whenever required by the court of these Rules;
in custody for the commission of an offense punishable
(c) The failure of the accused to appear at the trial without by death, reclusion perpetua, or life imprisonment, the
justification and despite due notice shall be deemed a prosecution has the burden of showing that evidence of
waiver of his right to be present thereat. In such case, the guilt is strong. The evidence presented during the bail
trial may proceed in absentia; and hearing shall be considered automatically reproduced at
(d) The bondsman shall surrender the accused to the the trial, but upon motion of either party, the court may
court for execution of the final judgment. recall any witness for additional examination unless the
latter is dead, outside the Philippines, or otherwise unable
The original papers shall state the full name and address to testify. (8a)
of the accused, the amount of the undertaking and the
conditions herein required. Photographs (passport size) Section 9. Amount of bail; guidelines. — The judge who
taken within the last six (6) months showing the face, left issued the warrant or granted the application shall fix a
and right profiles of the accused must be attached to the reasonable amount of bail considering primarily, but not
bail. (2a) limited to, the following factors:
Section 3. No release or transfer except on court order or (a) Financial ability of the accused to give bail;
bail. — No person under detention by legal process shall (b) Nature and circumstances of the offense;
be released or transferred except upon order of the court
(c) Penalty for the offense charged;
or when he is admitted to bail. (3a)
(d) Character and reputation of the accused;
Section 4. Bail, a matter of right; exception. — All persons
in custody shall be admitted to bail as a matter of right, (e) Age and health of the accused;
with sufficient sureties, or released on recognize as (f) Weight of the evidence against the accused;
prescribed by law or this Rule (a) before or after
conviction by the Metropolitan Trial Court, Municipal Trial (g) Probability of the accused appearing at the trial;
Court, Municipal Trial Court in Cities, or Municipal Circuit (h) Forfeiture of other bail;
Trial Court, and (b) before conviction by the Regional Trial
Court of an offense not punishable by death, reclusion (i) The fact that accused was a fugitive from justice when
perpetua, or life imprisonment. (4a) arrested; and
Section 5. Bail, when discretionary. — Upon conviction by (j) Pendency of other cases where the accused is on bail.

the Regional Trial Court of an offense not punishable by Excessive bail shall not be required. (9a)
death, reclusion perpetua, or life imprisonment,
Section 10. Corporate surety. — Any domestic or foreign
admission to bail is discretionary. The application for bail
corporation, licensed as a surety in accordance with law
may be filed and acted upon by the trial court despite the
and currently authorized to act as such, may provide bail
filing of a notice of appeal, provided it has not
by a bond subscribed jointly by the accused and an
transmitted the original record to the appellate court.
officer of the corporation duly authorized by its board of
However, if the decision of the trial court convicting the
directors. (10a)
accused changed the nature of the offense from
non-bailable to bailable, the application for bail can only Section 11. Property bond, how posted. — A property
be filed with and resolved by the appellate court. bond is an undertaking constituted as lien on the real
property given as security for the amount of the bail.
Should the court grant the application, the accused may
Within ten (10) days after the approval of the bond, the
be allowed to continue on provisional liberty during the
accused shall cause the annotation of the lien on the
pendency of the appeal under the same bail subject to
certificate of title on file with the Register of Deeds if the
the consent of the bondsman.
land is registered, or if unregistered, in the Registration
If the penalty imposed by the trial court is imprisonment Book on the space provided therefor, in the Registry of
exceeding six (6) years, the accused shall be denied bail, Deeds for the province or city where the land lies, and on



the corresponding tax declaration in the office of the available, with any metropolitan trial judge, municipal
provincial, city and municipal assessor concerned. trial judge or municipal circuit trial judge therein.
Within the same period, the accused shall submit to the (b) Where the grant of bail is a matter of discretion, or the
court his compliance and his failure to do so shall be accused seeks to be released on recognizance, the
sufficient cause for the cancellation of the property bond application may be filed only in the court where the case
and his re-arrest and detention. (11a) is pending, on trial or appeal.
Section 12. Qualifications of sureties in property bond. — (c) Any person in custody who is not yet charged in court
The qualification of sureties in a property bond shall be as may apply for bail with any court in the province, city or
follows: municipality where he is held, (17a) (A.M. No. 05-8-26-SC,
(a) Each must be a resident owner of real estate within [August 30, 2005])
the Philippines; Section 18. Notice of application to prosecutor. — In the
(b) Where there is only one surety, his real estate must be application for bail under section 8 of this Rule, the court
worth at least the amount of the undertaking; must give reasonable notice of the hearing to the
prosecutor or require him to submit his recommendation.
(c) If there are two or more sureties, each may justify in an (18a)
amount less than that expressed in the undertaking but
the aggregate of the justified sums must be equivalent to Section 19. Release on bail. — The accused must be
the whole amount of bail demanded. discharged upon approval of the bail by the judge with
whom it was filed in accordance with section 17 of this
In all cases, every surety must be worth the amount Rule.
specified in his own undertaking over and above all just
debts, obligations and properties exempt from execution. Whenever bail is filed with a court other than where the
(12a) case is pending, the judge who accepted the bail shall
forward it, together with the order of release and other
Section 13. Justification of sureties. — Every surety shall supporting papers, to the court where the case is
justify by affidavit taken before the judge that he pending, which may, for good reason, require a different
possesses the qualifications prescribed in the preceding one to be filed. (19a)
section. He shall describe the property given as security,
stating the nature of his title, its encumbrances, the Section 20. Increase or reduction of bail. — After the
number and amount of other bails entered into by him accused is admitted to bail, the court may, upon good
and still undischarged, and his other liabilities. The court cause, either increase or reduce its amount. When
may examine the sureties upon oath concerning their increased, the accused may be committed to custody if
sufficiency in such manner as it may deem proper. No he does not give bail in the increased amount within a
bail shall be approved unless the surety is qualified. (13a) reasonable period. An accused held to answer a criminal
charge, who is released without bail upon filing of the
Section 14. Deposit of cash as bail. — The accused or any complaint or information, may, at any subsequent stage
person acting in his behalf may deposit in cash with the of the proceedings and whenever a strong showing of
nearest collector or internal revenue or provincial, city, or guilt appears to the court, be required to give bail in the
municipal treasurer the amount of bail fixed by the court, amount fixed, or in lieu thereof, committed to custody.
or recommended by the prosecutor who investigated or (20a)
filed the case. Upon submission of a proper certificate of
deposit and a written undertaking showing compliance Section 21. Forfeiture of bond. — When the presence of
with the requirements of section 2 of this Rule, the the accused is required by the court or these Rules, his
accused shall be discharged from custody. The money bondsmen shall be notified to produce him before the
deposited shall be considered as bail and applied to the court on a given date and time. If the accused fails to
payment of fine and costs while the excess, if any, shall be appear in person as required, his bail shall be declared
returned to the accused or to whoever made the deposit. forfeited and the bondsmen given thirty (30) days within
(14a) which to produce their principal and to show cause why
no judgment should be rendered against them for the
Section 15. Recognizance. — Whenever allowed by law or amount of their bail. Within the said period, the
these Rules, the court may release a person in custody to bondsmen must:
his own recognizance or that of a responsible person. (15a)
(a) produce the body of their principal or give the reason
Section 16. Bail, when not required; reduced bail or for his non-production; and
recognizance. — No bail shall be required when the law
or these Rules so provide. (b) explain why the accused did not appear before the
court when first required to do so.
When a person has been in custody for a period equal to
or more than the possible maximum imprisonment Failing in these two requisites, a judgment shall be
prescribe for the offense charged, he shall be released rendered against the bondsmen, jointly and severally, for
immediately, without prejudice to the continuation of the the amount of the bail. The court shall not reduce or
trial or the proceedings on appeal. If the maximum otherwise mitigate the liability of the bondsmen, unless
penalty to which the accused may be sentenced is the accused has been surrendered or is acquitted. (21a)
destierro, he shall be released after thirty (30) days of Section 22. Cancellation of bail. — Upon application of
preventive imprisonment. the bondsmen, with due notice to the prosecutor, the bail
A person in custody for a period equal to or more than the may be cancelled upon surrender of the accused or proof
minimum of the principal penalty prescribed for the of his death.
offense charged, without application of the The bail shall be deemed automatically cancelled upon
Indeterminate Sentence Law or any modifying acquittal of the accused, dismissal of the case, or
circumstance, shall be released on a reduced bail or on execution of the judgment of conviction.
his own recognizance, at the discretion of the court. (16a) In all instances, the cancellation shall be without
Section 17. Bail, where filed. — (a) Bail in the amount prejudice to any liability on the bond. (22a)
fixed may be filed with the court where the case is Section 23. Arrest of accused out on bail. — For the
pending, or, in the absence or unavailability of the judge purpose of surrendering the accused, the bondsmen may
thereof, with any regional trial judge, metropolitan trial arrest him or, upon written authority endorsed on a
judge, municipal trial judge, or municipal circuit trial certified copy of the undertaking, cause him to be
judge in the province, city, or municipality. If the accused arrested by a police officer or any other person of suitable
is arrested in a province, city, or municipality other than age and discretion.
where the case is pending, bail may be filed with any
regional trial court of said place, or, if no judge thereof is An accused released on bail may be re-arrested without
the necessity of a warrant if he attempts to depart from


the Philippines without permission of the court where examination. His silence shall not in any manner
the case is pending. (23a) prejudice him.
Section 24. No bail after final judgment; exception. — No (e) To be exempt from being compelled to be a witness
bail shall be allowed after the judgment of conviction has against himself.
become final. If before such finality, the accused has (f) To confront and cross-examine the witnesses against
applies for probation, he may be allowed temporary him at the trial. Either party may utilize as part of its
liberty under his bail. When no bail was filed or the evidence the testimony of a witness who is deceased, out
accused is incapable of filing one, the court may allow his of or can not with due diligence be found in the
release on recognizance to the custody of a responsible Philippines, unavailable or otherwise unable to testify,
member of the community. In no case shall bail be given in another case or proceeding, judicial or
allowed after the accused has commenced to serve administrative, involving the same parties and subject
sentence. (24a) matter, the adverse party having the opportunity to
Section 25. Court supervision of detainees. — The court cross-examine him.
shall exercise supervision over all persons in custody for (g) To have compulsory process issued to secure the
the purpose of eliminating unnecessary detention. The attendance of witnesses and production of other
executive judges of the Regional Trial Courts shall evidence in his behalf.
conduct monthly personal inspections of provincial, city,
and municipal jails and their prisoners within their (h) To have speedy, impartial and public trial.
respective jurisdictions. They shall ascertain the number (i) To appeal in all cases allowed and in the manner
of detainees, inquire on their proper accommodation and prescribed by law. (1a)
health and examine the condition of the jail facilities.
They shall order the segregation of sexes and of minors
from adults, ensure the observance of the right of RULE 116 Arraignment and Plea
detainees to confer privately with counsel, and strive to
Section 1. Arraignment and plea; how made. —
eliminate conditions inimical to the detainees.
(a) The accused must be arraigned before the court
In cities and municipalities to be specified by the
where the complaint or information was filed or assigned
Supreme Court, the municipal trial judges or municipal
for trial. The arraignment shall be made in open court by
circuit trial judges shall conduct monthly personal
the judge or clerk by furnishing the accused with a copy
inspections of the municipal jails in their respective
of the complaint or information, reading the same in the
municipalities and submit a report to the executive judge
language or dialect known to him, and asking him
of the Regional Trial Court having jurisdiction therein.
whether he pleads guilty or not guilty. The prosecution
A monthly report of such visitation shall be submitted by may call at the trial witnesses other than those named in
the executive judges to the Court Administrator which the complaint or information.
shall state the total number of detainees, the names of
(b) The accused must be present at the arraignment and
those held for more than thirty (30) days, the duration of
must personally enter his plea. Both arraignment and
detention, the crime charged, the status of the case, the
plea shall be made of record, but failure to do so shall not
cause for detention, and other pertinent information.
affect the validity of the proceedings.
(25a)
(c) When the accused refuses to plead or makes a
Section 26. Bail not a bar to objections on illegal arrest,
conditional plea, a plea of not guilty shall be entered for
lack of or irregular preliminary investigation. — An
him. (1a)
application for or admission to bail shall not bar the
accused from challenging the validity of his arrest or the (d) When the accused pleads guilty but presents
legality of the warrant issued therefor, or from assailing exculpatory evidence, his plea shall be deemed
the regularity or questioning the absence of a preliminary withdrawn and a plea of not guilty shall be entered for
investigation of the charge against him, provided that he him. (n)
raises them before entering his plea. The court shall (e) When the accused is under preventive detention, his
resolve the matter as early as practicable but not later case shall be raffled and its records transmitted to the
than the start of the trial of the case. (n) judge to whom the case was raffled within three (3) days
from the filing of the information or complaint. The
RULE 115 Rights of Accused accused shall be arraigned within ten (10) days from the
date of the raffle. The pre-trial conference of his case shall
Section 1. Rights of accused at the trial. — In all criminal be held within ten (10) days after arraignment. (n)
prosecutions, the accused shall be entitled to the
following rights: (f) The private offended party shall be required to appear
at the arraignment for purposes of plea bargaining,
(a) To be presumed innocent until the contrary is proved determination of civil liability, and other matters requiring
beyond reasonable doubt. his presence. In case of failure of the offended party to
(b) To be informed of the nature and cause of the appear despite due notice, the court may allow the
accusation against him. accused to enter a plea of guilty to a lesser offense which
is necessarily included in the offense charged with the
(c) To be present and defend in person and by counsel at conformity of the trial prosecutor alone. (cir. 1-89)
every stage of the proceedings, from arraignment to
promulgation of the judgment. The accused may, (g) Unless a shorter period is provided by special law or
however, waive his presence at the trial pursuant to the Supreme Court circular, the arraignment shall be held
stipulations set forth in his bail, unless his presence is within thirty (30) days from the date the court acquires
specifically ordered by the court for purposes of jurisdiction over the person of the accused. The time of
identification. The absence of the accused without the pendency of a motion to quash or for a bill of
justifiable cause at the trial of which he had notice shall particulars or other causes justifying suspension of the
be considered a waiver of his right to be present thereat. arraignment shall be excluded in computing the period.
When an accused under custody escapes, he shall be (sec. 2, cir. 38-98)
deemed to have waived his right to be present on all Section 2. Plea of guilty to a lesser offense. — At
subsequent trial dates until custody over him is regained. arraignment, the accused, with the consent of the
Upon motion, the accused may be allowed to defend offended party and the prosecutor, may be allowed by
himself in person when it sufficiently appears to the court the trial court to plead guilty to a lesser offense which is
that he can properly protect his right without the necessarily included in the offense charged. After
assistance of counsel. arraignment but before trial, the accused may still be
(d) To testify as a witness in his own behalf but subject to allowed to plead guilty to said lesser offense after
cross-examination on matters covered by direct



withdrawing his plea of not guilty. No amendment of the Office of the President; provided, that the period of
complaint or information is necessary. (sec. 4, circ. 38-98) suspension shall not exceed sixty (60) days counted from
Section 3. Plea of guilty to capital offense; reception of the filing of the petition with the reviewing office. (12a)
evidence. — When the accused pleads guilty to a capital
offense, the court shall conduct a searching inquiry into RULE 117 Motion to Quash
the voluntariness and full comprehension of the
consequences of his plea and require the prosecution to Section 1. Time to move to quash. — At any time before
prove his guilt and the precise degree of culpability. The entering his plea, the accused may move to quash the
accused may present evidence in his behalf. (3a) complaint or information. (1)
Section 4. Plea of guilty to non-capital offense; reception Section 2. Form and contents. — The motion to quash
of evidence, discretionary. — When the accused pleads shall be in writing, signed by the accused or his counsel
guilty to a non-capital offense, the court may receive and shall distinctly specify its factual and legal grounds.
evidence from the parties to determine the penalty to be The court shall consider no ground other than those
imposed. (4) stated in the motion, except lack of jurisdiction over the
offense charged. (2a)
Section 5. Withdrawal of improvident plea of guilty. — At
any time before the judgment of conviction becomes Section 3. Grounds. — The accused may move to quash
final, the court may permit an improvident plea of guilty the complaint or information on any of the following
to be withdrawn and be substituted by a plea of not grounds:
guilty. (5) (a) That the facts charged do not constitute an offense;
Section 6. Duty of court to inform accused of his right to (b) That the court trying the case has no jurisdiction over
counsel. — Before arraignment, the court shall inform the the offense charged;
accused of his right to counsel and ask him if he desires
to have one. Unless the accused is allowed to defend (c) That the court trying the case has no jurisdiction over
himself in person or has employed a counsel of his choice, the person of the accused;
the court must assign a counsel de oficio to defend him. (d) That the officer who filed the information had no
(6a) authority to do so;
Section 7. Appointment of counsel de oficio. — The court, (e) That it does not conform substantially to the
considering the gravity of the offense and the difficulty of prescribed form;
the questions that may arise, shall appoint as counsel de
(f) That more than one offense is charged except when a
oficio only such members of the bar in good standing
single punishment for various offenses is prescribed by
who, by reason of their experience and ability, can
law;
competently defend the accused. But in localities where
such members of the bar are not available, the court may (g) That the criminal action or liability has been
appoint any person, resident of the province and of good extinguished;
repute for probity and ability, to defend the accused. (7a) (h) That it contains averments which, if true, would
Section 8. Time for counsel de oficio to prepare for constitute a legal excuse or justification; and
arraignment. — Whenever a counsel de oficio is (i) That the accused has been previously convicted or
appointed by the court to defend the accused at the acquitted of the offense charged, or the case against him
arraignment, he shall be given a reasonable time to was dismissed or otherwise terminated without his
consult with the accused as to his plea before proceeding express consent. (3a)
with the arraignment. (8)
Section 4. Amendment of the complaint or information.
Section 9. Bill of particulars. — The accused may, before — If the motion to quash is based on an alleged defect of
arraignment, move for a bill of particulars to enable him the complaint or information which can be cured by
properly to plead and to prepare for trial. The motion shall amendment, the court shall order that an amendment
specify the alleged defects of the complaint or be made. (4a)
information and the details desired. (10a)
If it is based on the ground that the facts charged do not
Section 10. Production or inspection of material evidence constitute an offense, the prosecution shall be given by
in possession of prosecution. — Upon motion of the the court an opportunity to correct the defect by
accused showing good cause and with notice to the amendment. The motion shall be granted if the
parties, the court, in order to prevent surprise, prosecution fails to make the amendment, or the
suppression, or alteration, may order the prosecution to complaint or information still suffers from the same
produce and permit the inspection and copying or defect despite the amendment. (n)
photographing of any written statement given by the
complainant and other witnesses in any investigation of Section 5. Effect of sustaining the motion to quash. — If
the offense conducted by the prosecution or other the motion to quash is sustained, the court may order
investigating officers, as well as any designated that another complaint or information be filed except as
documents, papers, books, accounts, letters, provided in section 6 of this rule. If the order is made, the
photographs, objects or tangible things not otherwise accused, if in custody, shall not be discharged unless
privileged, which constitute or contain evidence material admitted to bail. If no order is made or if having been
to any matter involved in the case and which are in the made, no new information is filed within the time
possession or under the control of the prosecution, police, specified in the order or within such further time as the
or other law investigating agencies. (11a) court may allow for good cause, the accused, if in custody,
shall be discharged unless he is also in custody for
Section 11. Suspension of arraignment. — Upon motion another charge. (5a)
by the proper party, the arraignment shall be suspended
in the following cases: Section 6. Order sustaining the motion to quash not a
bar to another prosecution; exception. — An order
(a) The accused appears to be suffering from an unsound sustaining the motion to quash is not a bar to another
mental condition which effective renders him unable to prosecution for the same offense unless the motion was
fully understand the charge against him and to plead based on the grounds specified in section 3 (g) and (i) of
intelligently thereto. In such case, the court shall order his this Rule. (6a)
mental examination and, if necessary, his confinement for
such purpose; Section 7. Former conviction or acquittal; double
jeopardy. — When an accused has been convicted or
(b) There exists a prejudicial question; and acquitted, or the case against him dismissed or otherwise
(c) A petition for review of the resolution of the prosecutor terminated without his express consent by a court of
is pending at either the Department of Justice, or the competent jurisdiction, upon a valid complaint or
information or other formal charge sufficient in form and



substance to sustain a conviction and after the accused matters referred to in section 1 of this Rule shall be
had pleaded to the charge, the conviction or acquittal of approved by the court. (sec. 4, cir. 38-98)
the accused or the dismissal of the case shall be a bar to Section 3. Non-appearance at pre-trial conference. — If
another prosecution for the offense charged, or for any the counsel for the accused or the prosecutor does not
attempt to commit the same or frustration thereof, or for appear at the pre-trial conference and does not offer an
any offense which necessarily includes or is necessarily acceptable excuse for his lack of cooperation, the court
included in the offense charged in the former complaint may impose proper sanctions or penalties. (se. 5, cir.
or information. 38-98)
However, the conviction of the accused shall not be a bar Section 4. Pre-trial order. — After the pre-trial
to another prosecution for an offense which necessarily conference, the court shall issue an order reciting the
includes the offense charged in the former complaint or actions taken, the facts stipulated, and evidence marked.
information under any of the following instances: Such order shall bind the parties, limit the trial to matters
(a) the graver offense developed due to supervening facts not disposed of, and control the course of the action
arising from the same act or omission constituting the during the trial, unless modified by the court to prevent
former charge; manifest injustice. (3)
(b) the facts constituting the graver charge became
known or were discovered only after a plea was entered in RULE 119 Trial
the former complaint or information; or
Section 1. Time to prepare for trial. — After a plea of not
(c) the plea of guilty to the lesser offense was made guilty is entered, the accused shall have at least fifteen
without the consent of the prosecutor and of the (15) days to prepare for trial. The trial shall commence
offended party except as provided in section 1 (f) of Rule within thirty (30) days from receipt of the pre-trial order.
116. (sec. 6, cir. 38-98)
In any of the foregoing cases, where the accused satisfies Section 2. Continuous trial until terminated;
or serves in whole or in part the judgment, he shall be postponements. — Trial once commenced shall continue
credited with the same in the event of conviction for the from day to day as far as practicable until terminated. It
graver offense. (7a) may be postponed for a reasonable period of time for
Section 8. Provisional dismissal. — A case shall not be good cause. (2a)
provisionally dismissed except with the express consent The court shall, after consultation with the prosecutor
of the accused and with notice to the offended party. and defense counsel, set the case for continuous trial on a
The provisional dismissal of offenses punishable by weekly or other short-term trial calendar at the earliest
imprisonment not exceeding six (6) years or a fine of any possible time so as to ensure speedy trial. In no case shall
amount, or both, shall become permanent one (1) year the entire trial period exceed one hundred eighty (180)
after issuance of the order without the case having been days from the first day of trial, except as otherwise
revived. With respect to offenses punishable by authorized by the Supreme Court. (sec. 8, cir. 38-98).
imprisonment of more than six (6) years, their provisional The time limitations provided under this section and the
dismissal shall become permanent two (2) years after preceding section shall not apply where special laws or
issuance of the order without the case having been circulars of the Supreme Court provide for a shorter
revived. (n) period of trial. (n)
Section 9. Failure to move to quash or to allege any Section 3. Exclusions. — The following periods of delay
ground therefor. — The failure of the accused to assert shall be excluded in computing the time within which
any ground of a motion to quash before he pleads to the trial must commence:
complaint or information, either because he did not file a
motion to quash or failed to allege the same in said (a) Any period of delay resulting from other proceedings
motion, shall be deemed a waiver of any objections based concerning the accused, including but not limited to the
on the grounds provided for in paragraphs (a), (b), (g), and following:
(i) of section 3 of this Rule. (8) (1) Delay resulting from an examination of the physical
and mental condition of the accused;
RULE 118 Pre-Trial (2) Delay resulting from proceedings with respect to
other criminal charges against the accused;
Section 1. Pre-trial; mandatory in criminal cases. — In all
criminal cases cognizable by the Sandiganbayan, (3) Delay resulting from extraordinary remedies against
Regional Trial Court, Metropolitan Trial Court, Municipal interlocutory orders;
Trial Court in Cities, Municipal Trial Court and Municipal (4) Delay resulting from pre-trial proceedings; provided,
Circuit Trial Court, the court shall after arraignment and that the delay does not exceed thirty (30) days;
within thirty (30) days from the date the court acquires
jurisdiction over the person of the accused, unless a (5) Delay resulting from orders of inhibition, or
shorter period is provided for in special laws or circulars of proceedings relating to change of venue of cases or
the Supreme Court, order a pre-trial conference to transfer from other courts;
consider the following: (6) Delay resulting from a finding of the existence of a
(a) plea bargaining; prejudicial question; and
(b) stipulation of facts; (7) Delay reasonably attributable to any period, not
exceed thirty (30) days, during which any proceeding
(c) marking for identification of evidence of the parties; which any proceeding concerning the accused is actually
(d) waiver of objections to admissibility of evidence; under advisement.
(e) modification of the order of trial if the accused admits (b) Any period of delay resulting from the absence or
the charge but interposes a lawful defense; and unavailability of an essential witness.
(f) such other matters as will promote a fair and For purposes of this subparagraph, an essential witness
expeditious trial of the criminal and civil aspects of the shall be considered absent when his whereabouts are
case. (secs. 2 and 3, cir. 38-98) unknown or his whereabouts cannot be determined by
due diligence. He shall be considered unavailable
Section 2. Pre-trial agreement. — All agreements or whenever his whereabouts are known but his presence
admissions made or entered during the pre-trial for trial cannot be obtained by due diligence.
conference shall be reduced in writing and signed by the
accused and counsel, otherwise, they cannot be used
against the accused. The agreements covering the



(c) Any period of delay resulting from the mental trial, the latter shall cause notice to that effect to sent
incompetence or physical inability of the accused to promptly to the public attorney.
stand trial. (c) Upon receipt of such notice, the public attorney shall
(d) If the information is dismissed upon motion of the promptly seek to obtain the presence of the prisoner for
prosecution and thereafter a charge is filed against the trial.
accused for the same offense, any period of delay from (d) When the custodian of the prisoner receives from the
the date the charge was dismissed to the date the time public attorney a properly supported request for the
limitation would commence to run as to the subsequent availability of the prisoner for purposes of trial, the
charge had there been no previous charge. prisoner shall be made available accordingly. (sec. 12, cir.
(e) A reasonable period of delay when the accused is 38-98)
joined for trial with a co-accused over whom the court Section 8. Sanctions. — In any case in which private
has not acquired jurisdiction, or, as to whom the time for counsel for the accused, the public attorney, or the
trial has not run and no motion for separate trial has been prosecutor.
granted.
(a) Knowingly allows the case to be set for trial without
(f) Any period of delay resulting from a continuance disclosing that a necessary witness would be unavailable
granted by any court motu proprio, or on motion of either for trial;
the accused or his counsel, or the prosecution, if the court
granted the continuance on the basis of its findings set (b) Files a motion solely for delay which he knows is totally
forth in the order that the ends of justice served by taking frivolous and without merit;
such action outweigh the best interest of the public and (c) Makes a statement for the purpose of obtaining
the accused in a speedy trial. (sec. 9, cir. 38-98) continuance which he knows to be false and which is
Section 4. Factors for granting continuance. — The material to the granting of a continuance; or
following factors, among others, shall be considered by a (d) Willfully fails to proceed to trial without justification
court in determining whether to grant a continuance consistent with the provisions hereof, the court may
under section 3(f) of this Rule. punish such counsel, attorney, or prosecution, as follows:
(a) Whether or not the failure to grant a continuance in (1) By imposing on a counsel privately retained in
the proceeding would likely make a continuation of such connection with the defense of an accused, a fine not
proceeding impossible or result in a miscarriage of exceeding twenty thousand pesos (P20,000.00);
justice; and
(2) By imposing on any appointed counsel de oficio,
(b) Whether or not the case taken as a whole is so novel, public attorney, or prosecutor a fine not exceeding five
unusual and complex, due to the number of accused or thousand pesos (P5,000.00); and
the nature of the prosecution, or that it is unreasonable to
expect adequate preparation within the periods of time (3) By denying any defense counsel or prosecutor the
established therein. right to practice before the court trying the case for a
period not exceeding thirty (30) days. The punishment
In addition, no continuance under section 3(f) of this Rule provided for by this section shall be without prejudice to
shall be granted because of congestion of the court's any appropriate criminal action or other sanction
calendar or lack of diligent preparation or failure to obtain authorized under these rules. (sec. 13, cir. 38-98)
available witnesses on the part of the prosecutor. (sec. 10,
cir. 38-98) Section 9. Remedy where accused is not brought to trial
within the time limit. — If the accused is not brought to
Section 5. Time limit following an order for new trial. — If trial within the time limit required by Section 1(g), Rule 116
the accused is to be tried again pursuant to an order for a and Section 1, as extended by Section 6 of this rule, the
new trial, the trial shall commence within thirty (30) days information may be dismissed on motion of the accused
from notice of the order, provided that if the period on the ground of denial of his right of speedy trial. The
becomes impractical due to unavailability of witnesses accused shall have the burden of proving the motion but
and other factors, the court may extend it but not to the prosecution shall have the burden of going forward
exceed one hundred eighty (180) days from notice of said with the evidence to establish the exclusion of time under
order for a new trial. (sec. 11, cir. 38-98) section 3 of this rule. The dismissal shall be subject to the
Section 6. Extended time limit. — Notwithstanding the rules on double jeopardy.
provisions of section 1(g), Rule 116 and the preceding Failure of the accused to move for dismissal prior to trial
section 1, for the first twelve-calendar-month period shall constitute a waiver of the right to dismiss under this
following its effectivity on September 15, 1998, the time section. (sec. 14, cir. 38-98)
limit with respect to the period from arraignment to trial
imposed by said provision shall be one hundred eighty Section 10. Law on speedy trial not a bar to provision on
(180) days. For the second twelve-month period, the limit speedy trial in the Constitution. — No provision of law on
shall be one hundred twenty (120) days, and for the third speedy trial and no rule implementing the same shall be
twelve-month period, the time limit shall be eighty (80) interpreted as a bar to any charge of denial of the right to
days. (sec. 7, cir. 38-98) speedy trial guaranteed by section 14(2), article III, of the
1987 Constitution. (sec. 15, cir. 38-98)
Section 7. Public attorney's duties where accused is
imprisoned. — If the public attorney assigned to defend a Section 11. Order of trial. — The trial shall proceed in the
person charged with a crime knows that the latter is following order:
preventively detained, either because he is charged with (a) The prosecution shall present evidence to prove the
a bailable crime but has no means to post bail, or, is charge and, in the proper case, the civil liability.
charged with a non-bailable crime, or, is serving a term of
imprisonment in any penal institution, it shall be his duty (b) The accused may present evidence to prove his
to do the following: defense, and damages, if any, arising from the issuance of
a provisional remedy in the case.
(a) Shall promptly undertake to obtain the presence of
the prisoner for trial or cause a notice to be served on the (c) The prosecution and the defense may, in that order,
person having custody of the prisoner requiring such present rebuttal and surrebuttal evidence unless the
person to so advise the prisoner of his right to demand court, in furtherance of justice, permits them to present
trial. additional evidence bearing upon the main issue.
(b) Upon receipt of that notice, the custodian of the (d) Upon admission of the evidence of the parties, the
prisoner shall promptly advise the prisoner of the charge case shall be deemed submitted for decision unless the
and of his right to demand trial. If at anytime thereafter court directs them to argue orally or to submit written
the prisoner informs his custodian that he demands such memoranda.


(e) When the accused admits the act or omission charged (c) The testimony of said accused can be substantially
in the complaint or information but interposes a lawful corroborated in its material points;
defense, the order of trial may be modified. (3a) (d) Said accused does not appear to be the most guilty;
Section 12. Application for examination of witness for and
accused before trial. — When the accused has been held (e) Said accused has not at any time been convicted of
to answer for an offense, he may, upon motion with any offense involving moral turpitude.
notice to the other parties, have witnesses conditionally
examined in his behalf. The motion shall state: (a) the Evidence adduced in support of the discharge shall
name and residence of the witness; (b) the substance of automatically form part of the trial. If the court denies the
his testimony; and (c) that the witness is sick or infirm as motion for discharge of the accused as state witness, his
to afford reasonable ground for believing that he will not sworn statement shall be inadmissible in evidence. (9a)
be able to attend the trial, or resides more than one Section 18. Discharge of accused operates as acquittal.
hundred (100) kilometers from the place of trial and has — The order indicated in the preceding section shall
no means to attend the same, or that other similar amount to an acquittal of the discharged accused and
circumstances exist that would make him unavailable or shall be a bar to future prosecution for the same offense,
prevent him from attending the trial. The motion shall be unless the accused fails or refuses to testify against his
supported by an affidavit of the accused and such other co-accused in accordance with his sworn statement
evidence as the court may require. (4a) constituting the basis for the discharge. (10a)
Section 13. Examination of defense witness; how made. Section 19. When mistake has been made in charging
— If the court is satisfied that the examination of a the proper offense. — When it becomes manifest at any
witness for the accused is necessary, an order will be time before judgment that a mistake has been made in
made directing that the witness be examined at a charging the proper offense and the accused cannot be
specified date, time and place and that a copy of the convicted of the offense charged or any other offense
order be served on the prosecutor at least three (3) days necessarily included therein, the accused shall not be
before the scheduled examination. The examination shall discharged if there appears good cause to detain him. In
be taken before a judge, or, if not practicable, a member such case, the court shall commit the accused to answer
of the Bar in good standing so designated by the judge in for the proper offense and dismiss the original case upon
the order, or if the order be made by a court of superior the filing of the proper information. (11a)
jurisdiction, before an inferior court to be designated
therein. The examination shall proceed notwithstanding Section 20. Appointment of acting prosecutor. — When a
the absence of the prosecutor provided he was duly prosecutor, his assistant or deputy is disqualified to act
notified of the hearing. A written record of the testimony due to any of the grounds stated in section 1 of Rule 137 or
shall be taken. (5a) for any other reasons, the judge or the prosecutor shall
communicate with the Secretary of Justice in order that
Section 14. Bail to secure appearance of material the latter may appoint an acting prosecutor. (12a)
witness. — When the court is satisfied, upon proof or
oath, that a material witness will not testify when Section 21. Exclusion of the public. — The judge may,
required, it may, upon motion of either party, order the motu proprio, exclude the public from the courtroom if
witness to post bail in such sum as may be deemed the evidence to be produced during the trial is offensive
proper. Upon refusal to post bail, the court shall commit to decency or public morals. He may also, on motion of
him to prison until he complies or is legally discharged the accused, exclude the public from the trial, except
after his testimony has been taken. (6a) court personnel and the counsel of the parties. (13a)
Section 15. Examination of witness for the prosecution. — Section 22. Consolidation of trials of related offenses. —
When it satisfactorily appears that a witness for the Charges for offenses founded on the same facts or
prosecution is too sick or infirm to appear at the trial as forming part of a series of offenses of similar character
directed by the order of the court, or has to leave the may be tried jointly at the discretion of the court. (14a)
Philippines with no definite date of returning, he may Section 23. Demurrer to evidence. — After the
forthwith be conditionally examined before the court prosecution rests its case, the court may dismiss the
where the case is pending. Such examination, in the action on the ground of insufficiency of evidence (1) on its
presence of the accused, or in his absence after own initiative after giving the prosecution the
reasonable notice to attend the examination has been opportunity to be heard or (2) upon demurrer to evidence
served on him, shall be conducted in the same manner as filed by the accused with or without leave of court.
an examination at the trial. Failure or refusal of the
accused to attend the examination after notice shall be If the court denies the demurrer to evidence filed with
considered a waiver. The statement taken may be leave of court, the accused may adduce evidence in his
admitted in behalf of or against the accused. (7a) defense. When the demurrer to evidence is filed without
leave of court, the accused waives the right to present
Section 16. Trial of several accused. — When two or more evidence and submits the case for judgment on the basis
accused are jointly charged with any offense, they shall of the evidence for the prosecution. (15a)
be tried jointly unless the court, in its discretion and upon
motion of the prosecutor or any accused, orders separate The motion for leave of court to file demurrer to evidence
trial for one or more accused. (8a) shall specifically state its grounds and shall be filed within
a non-extendible period of five (5) days after the
Section 17. Discharge of accused to be state witness. — prosecution rests its case. The prosecution may oppose
When two or more persons are jointly charged with the the motion within a non-extendible period of five (5) days
commission of any offense, upon motion of the from its receipt.
prosecution before resting its case, the court may direct
one or more of the accused to be discharged with their If leave of court is granted, the accused shall file the
consent so that they may be witnesses for the state demurrer to evidence within a non-extendible period of
when, after requiring the prosecution to present evidence ten (10) days from notice. The prosecution may oppose
and the sworn statement of each proposed state witness the demurrer to evidence within a similar period from its
at a hearing in support of the discharge, the court is receipt.
satisfied that: The order denying the motion for leave of court to file
(a) There is absolute necessity for the testimony of the demurrer to evidence or the demurrer itself shall not be
accused whose discharge is requested; reviewable by appeal or by certiorari before judgment. (n)
(b) The is no other direct evidence available for the proper Section 24. Reopening. — At any time before finality of
prosecution of the offense committed, except the the judgment of conviction, the judge may, motu proprio
testimony of said accused; or upon motion, with hearing in either case, reopen the
proceedings to avoid a miscarriage of justice. The


proceedings shall be terminated within thirty (30) days The proper clerk of court shall give notice to the accused
from the order grating it. (n) personally or through his bondsman or warden and
counsel, requiring him to be present at the promulgation
of the decision. If the accused tried in absentia because
RULE 120 Judgment he jumped bail or escaped from prison, the notice to him
Section 1. Judgment definition and form. — Judgment is shall be served at his last known address.
the adjudication by the court that the accused is guilty or In case the accused fails to appear at the scheduled date
not guilty of the offense charged and the imposition on of promulgation of judgment despite notice, the
him of the proper penalty and civil liability, if any. It must promulgation shall be made by recording the judgment
be written in the official language, personally and directly in the criminal docket and serving him a copy thereof at
prepared by the judge and signed by him and shall his last known address or thru his counsel.
contain clearly and distinctly a statement of the facts and
the law upon which it is based. (1a) If the judgment is for conviction and the failure of the
accused to appear was without justifiable cause, he shall
Section 2. Contents of the judgment. — If the judgment lose the remedies available in these rules against the
is of conviction, it shall state (1) the legal qualification of judgment and the court shall order his arrest. Within
the offense constituted by the acts committed by the fifteen (15) days from promulgation of judgment,
accused and the aggravating or mitigating however, the accused may surrender and file a motion for
circumstances which attended its commission; (2) the leave of court to avail of these remedies. He shall state the
participation of the accused in the offense, whether as reasons for his absence at the scheduled promulgation
principal, accomplice, or accessory after the fact; (3) the and if he proves that his absence was for a justifiable
penalty imposed upon the accused; and (4) the civil cause, he shall be allowed to avail of said remedies within
liability or damages caused by his wrongful act or fifteen (15) days from notice. (6a)
omission to be recovered from the accused by the
offended party, if there is any, unless the enforcement of Section 7. Modification of judgment. — A judgment of
the civil liability by a separate civil action has been conviction may, upon motion of the accused, be modified
reserved or waived. or set aside before it becomes final or before appeal is
perfected. Except where the death penalty is imposed, a
In case the judgment is of acquittal, it shall state whether judgment becomes final after the lapse of the period for
the evidence of the prosecution absolutely failed to prove perfecting an appeal, or when the sentence has been
the guilt of the accused or merely failed to prove his guilt partially or totally satisfied or served, or when the accused
beyond reasonable doubt. In either case, the judgment has waived in writing his right to appeal, or has applied
shall determine if the act or omission from which the civil for probation. (7a)
liability might arise did not exist. (2a)
Section 8. Entry of judgment. — After a judgment has
Section 3. Judgment for two or more offenses. — When become final, it shall be entered in accordance with Rule
two or more offenses are charged in a single complaint or 36. (8)
information but the accused fails to object to it before
trial, the court may convict him of as many offenses as are Section 9. Existing provisions governing suspension of
charged and proved, and impose on him the penalty for sentence, probation and parole not affected by this Rule.
each offense, setting out separately the findings of fact — Nothing in this Rule shall affect any existing provisions
and law in each offense. (3a) in the laws governing suspension of sentence, probation
or parole. (9a)
Section 4. Judgment in case of variance between
allegation and proof. — When there is variance between
the offense charged in the complaint or information and RULE 121 New Trial or Reconsideration
that proved, and the offense as charged is included in or Section 1. New trial or reconsideration. — At any time
necessarily includes the offense proved, the accused shall before a judgment of conviction becomes final, the court
be convicted of the offense proved which is included in may, on motion of the accused or at its own instance but
the offense charged, or of the offense charged which is with the consent of the accused, grant a new trial or
included in the offense proved. (4a) reconsideration. (1a)
Section 5. When an offense includes or is included in Section 2. Grounds for a new trial. — The court shall
another. — An offense charged necessarily includes the grant a new trial on any of the following grounds:
offense proved when some of the essential elements or
ingredients of the former, as alleged in the complaint or (a) The errors of law or irregularities prejudicial to the
information, constitute the latter. And an offense charged substantial rights of the accused have been committed
is necessarily included in the offense proved, when the during the trial;
essential ingredients of the former constitute or form a (b) The new and material evidence has been discovered
part of those constituting the latter. (5a) which the accused could not with reasonable diligence
Section 6. Promulgation of judgment. — The judgment is have discovered and produced at the trial and which if
promulgated by reading it in the presence of the accused introduced and admitted would probably change the
and any judge of the court in which it was rendered. judgment. (2a)
However, if the conviction is for a light offense, the Section 3. Ground for reconsideration. — The court shall
judgment may be pronounced in the presence of his grant reconsideration on the ground of errors of law or
counsel or representative. When the judge is absent or fact in the judgment, which requires no further
outside of the province or city, the judgment may be proceedings. (3a)
promulgated by the clerk of court.
Section 4. Form of motion and notice to the prosecutor.
If the accused is confined or detained in another province — The motion for a new trial or reconsideration shall be in
or city, the judgment may be promulgated by the writing and shall state the grounds on which it is based. If
executive judge of the Regional Trial Court having based on a newly-discovered evidence, the motion must
jurisdiction over the place of confinement or detention be supported by affidavits of witnesses by whom such
upon request of the court which rendered the judgment. evidence is expected to be given or by duly authenticated
The court promulgating the judgment shall have copies of documents which are proposed to be
authority to accept the notice of appeal and to approve introduced in evidence. Notice of the motion for new trial
the bail bond pending appeal;provided, that if the or reconsideration shall be given to the prosecutor. (4a)
decision of the trial court convicting the accused
changed the nature of the offense from non-bailable to Section 5. Hearing on motion. — Where a motion for a
bailable, the application for bail can only be filed and new trial calls for resolution of any question of fact, the
resolved by the appellate court. court may hear evidence thereon by affidavits or
otherwise. (5a)


Section 6. Effects of granting a new trial or reconsideration is filed until notice of the order overruling
reconsideration. — The effects of granting a new trial or the motion shall have been served upon the accused or
reconsideration are the following: his counsel at which time the balance of the period
(a) When a new trial is granted on the ground of errors of begins to run. (6a)
law or irregularities committed during the trial, all Section 7. Transcribing and filing notes of stenographic
proceedings and evidence affected thereby shall be set reporter upon appeal. — When notice of appeal is filed by
aside and taken anew. The court may, in the interest of the accused, the trial court shall direct the stenographic
justice, allow the introduction of additional evidence. reporter to transcribe his notes of the proceedings. When
(b) When a new trial is granted on the ground of filed by the People of the Philippines, the trial court shall
newly-discovered evidence, the evidence already direct the stenographic reporter to transcribe such
adduced shall stand and the newly-discovered and such portion of his notes of the proceedings as the court, upon
other evidence as the court may, in the interest of justice, motion, shall specify in writing. The stenographic reporter
allow to be introduced shall be taken and considered shall certify to the correctness of the notes and the
together with the evidence already in the record. transcript thereof, which shall consist of the original and
four copies, and shall file the original and four copies with
(c) In all cases, when the court grants new trial or the clerk without unnecessary delay.
reconsideration, the original judgment shall be set aside
or vacated and a new judgment rendered accordingly. If death penalty is imposed, the stenographic reporter
(6a) shall, within thirty (30) days from promulgation of the
sentence, file with the clerk original and four copies of the
duly certified transcript of his notes of the proceedings.
RULE 122 Appeal No extension of time for filing of said transcript of
stenographic notes shall be granted except by the
Section 1. Who may appeal. — Any party may appeal Supreme Court and only upon justifiable grounds. (7a)
from a judgment or final order, unless the accused will be
placed in double jeopardy. (2a) Section 8. Transmission of papers to appellate court
upon appeal. — Within five (5) days from the filing of the
Section 2. Where to appeal. — The appeal may be taken notice of appeal, the clerk of the court with whom the
as follows: notice of appeal was filed must transmit to the clerk of
(a) To the Regional Trial Court, in cases decided by the court of the appellate court the complete record of the
Metropolitan Trial Court, Municipal Trial Court in Cities, case, together with said notice. The original and three
Municipal Trial Court, or Municipal Circuit Trial Court; copies of the transcript of stenographic notes, together
with the records, shall also be transmitted to the clerk of
(b) To the Court of Appeals or to the Supreme Court in the
the appellate court without undue delay. The other copy
proper cases provided by law, in cases decided by the
of the transcript shall remain in the lower court. (8a)
Regional Trial Court; and
Section 9. Appeal to the Regional Trial Courts. —
(c) To the Supreme Court, in cases decided by the Court
of Appeals. (1a) (a) Within five (5) days from perfection of the appeal, the
clerk of court shall transmit the original record to the
Section 3. How appeal taken. —(a) The appeal to the
appropriate Regional Trial Court.
Regional Trial Court, or to the Court of Appeals in cases
decided by the Regional Trial Court in the exercise of its (b) Upon receipt of the complete record of the case,
original jurisdiction, shall be by notice of appeal filed with transcripts and exhibits, the clerk of court of the Regional
the court which rendered the judgment or final order Trial Court shall notify the parties of such fact.
appealed from and by serving a copy thereof upon the (c) Within fifteen (15) days from receipt of the said notice,
adverse party. the parties may submit memoranda or briefs, or may be
(b) The appeal to the Court of Appeals in cases decided by required by the Regional Trial Court to do so. After the
the Regional Trial Court in the exercise of its appellate submission of such memoranda or briefs, or upon the
jurisdiction shall be by petition for review under Rule 42. expiration of the period to file the same, the Regional Trial
Court shall decide the case on the basis of the entire
(c) The appeal in cases where the penalty imposed by the
record of the case and of such memoranda or briefs as
Regional Trial Court is reclusion perpetua, life
may have been filed. (9a)
imprisonment or where a lesser penalty is imposed for
offenses committed on the same occasion or which arose Section 10. Transmission of records in case of death
out of the same occurrence that gave rise to the more penalty. — In all cases where the death penalty is
serious offense for which the penalty of death, reclusion imposed by the trial court, the records shall be forwarded
perpetua, or life imprisonment is imposed, shall be by to the Court of Appeals for automatic review and
notice of appeal to the Court of Appeals in accordance judgment within twenty days but not earlier than fifteen
with paragraph (a) of this Rule. days from the promulgation of the judgment or notice of
denial of a motion for new trial or reconsideration. The
(d) No notice of appeal is necessary in cases where the
transcript shall also be forwarded within ten days after
Regional Trial Court imposed the death penalty. The
the filing thereof by the stenographic reporter. (10a) (A.M.
Court of Appeals shall automatically review the judgment
No. 00-5-03-SC, [September 28, 2004])
as provided in Section 10 of this Rule. (3a) (A.M. No.
00-5-03-SC, [September 28, 2004]) Section 11. Effect of appeal by any of several accused. —
Section 4. Publication of notice of appeal. — If personal (a) An appeal taken by one or more of several accused
service of the copy of the notice of appeal can not be shall not affect those who did not appeal, except insofar
made upon the adverse party or his counsel, service may as the judgment of the appellate court is favorable and
be done by registered mail or by substituted service applicable to the latter;
pursuant to sections 7 and 8 of Rule 13. (4a) (b) The appeal of the offended party from the civil aspect
Section 5. Waiver of notice. — The appellee may waive his shall not affect the criminal aspect of the judgment or
right to a notice that an appeal has been taken. The order appealed from.
appellate court may, in its discretion, entertain an appeal (c) Upon perfection of the appeal, the execution of the
notwithstanding failure to give such notice if the interests judgment or final order appealed from shall be stayed as
of justice so require. (5a) to the appealing party. (11a)
Section 6. When appeal to be taken. — An appeal must Section 12. Withdrawal of appeal. — Notwithstanding
be taken within fifteen (15) days from promulgation of the the perfection of the appeal, the Regional Trial Court,
judgment or from notice of the final order appealed Metropolitan Trial Court, Municipal Trial Court in Cities,
from. This period for perfecting an appeal shall be Municipal Trial Court, or Municipal Circuit Trial Court, as
suspended from the time a motion for new trial or the case may be, may allow the appellant to withdraw his



appeal before the record has been forwarded by the clerk good quality unglazed paper, 330 mm. in length by 216
of court to the proper appellate court as provided in mm. in width. (6a)
section 8, in which case the judgment shall become final. Section 7. Contents of brief. — The briefs in criminal cases
The Regional Trial Court may also, in its discretion, allow shall have the same contents as provided in sections 13
the appellant from the judgment of a Metropolitan Trial and 14 of Rule 44. A certified true copy of the decision or
Court, Municipal Trial Court in Cities, Municipal Trial Court, final order appealed from shall be appended to the brief
or Municipal Circuit Trial Court to withdraw his appeal, of appellant. (7a)
provided a motion to that effect is filed before rendition
of the judgment in the case on appeal, in which case the Section 8. Dismissal of appeal for abandonment or
judgment of the court of origin shall become final and failure to prosecute. — The Court of Appeals may, upon
the case shall be remanded to the latter court for motion of the appellee or motu proprio and with notice
execution of the judgment. (12a) to the appellant in either case, dismiss the appeal if the
appellant fails to file his brief within the time prescribed
Section 13. Appointment of counsel de oficio for accused by this Rule, except where the appellant is represented by
on appeal. — It shall be the duty of the clerk of the trial a counsel de oficio.
court, upon filing of a notice of appeal, to ascertain from
the appellant, if confined in prison, whether he desires The Court of Appeals may also, upon motion of the
the Regional Trial Court, Court of Appeals or the Supreme appellee or motu proprio, dismiss the appeal if the
Court to appoint a counsel de oficio to defend him and to appellant escapes from prison or confinement, jumps
transmit with the record on a form to be prepared by the bail or flees to a foreign country during the pendency of
clerk of court of the appellate court, a certificate of the appeal. (8a)
compliance with this duty and of the response of the Section 9. Prompt disposition of appeals. — Appeals of
appellant to his inquiry. (13a) accused who are under detention shall be given
precedence in their disposition over other appeals. The
RULE 123 Procedure in the Municipal Trial Courts Court of Appeals shall hear and decide the appeal at the
earliest practicable time with due regard to the rights of
Section 1. Uniform Procedure. — The procedure to be the parties. The accused need not be present in court
observed in the Metropolitan Trial Courts, Municipal Trial during the hearing of the appeal. (9a)
Courts and Municipal Circuit Trial Courts shall be the
Section 10. Judgment not to be reversed or modified
same as in the Regional Trial Courts, except where a
except for substantial error. — No judgment shall be
particular provision applies only to either of said courts
reversed or modified unless the Court of Appeals, after an
and in criminal cases governed by the Revised Rule on
examination of the record and of the evidence adduced
Summary Procedure. (1a)
by the parties, is of the opinion that error was committed
which injuriously affected the substantial rights of the
RULE 124 Procedure in the Court of Appeals appellant. (10a)
Section 1. Title of the case. — In all criminal cases Section 11. Scope of judgment. — The Court of Appeals
appealed to the Court of Appeals, the party appealing the may reverse, affirm, or modify the judgment and increase
case shall be called the "appellant" and the adverse party or reduce the penalty imposed by the trial court, remand
the "appellee," but the title of the case shall remain as it the case to the Regional Trial Court for new trial or retrial,
was in the court of origin. (1a) or dismiss the case. (11a)
Section 2. Appointment of counsel de oficio for the Section 12. Power to receive evidence — The Court of
accused. — If it appears from the record of the case as Appeals shall have the power to try cases and conduct
transmitted that (a) the accused is confined in prison, (b) hearings, receive evidence and perform all acts necessary
is without counsel de parte on appeal, or (c) has signed to resolve factual issues raised in cases falling within its
the notice of appeal himself, the clerk of court of the original and appellate jurisdiction, including the power to
Court of Appeals shall designate a counsel de oficio. grant and conduct new trials or further proceedings.
Trials or hearings in the Court of Appeals must be
An appellant who is not confined in prison may, upon continuous and must be completed within three months,
request, be assigned a counsel de oficio within ten (10) unless extended by the Chief Justice. 12(a) (A.M. No.
days from receipt of the notice to file brief and he 00-5-03-SC, [September 28, 2004])
establishes his right thereto. (2a)
Section 13. Certification or appeal of case to the
Section 3. When brief for appellant to be filed. — Within Supreme Court. — (a) Whenever the Court of Appeals
thirty (30) days from receipt by the appellant or his finds that the penalty of death should be imposed, the
counsel of the notice from the clerk of court of the Court court shall render judgment but refrain from making an
of Appeals that the evidence, oral and documentary, is entry of judgment and forthwith certify the case and
already attached to the record, the appellant shall file elevate its entire record to the Supreme Court for review.
seven (7) copies of his brief with the clerk of court which
shall be accompanied by proof of service of two (2) copies (b) Where the judgment also imposes a lesser penalty for
thereof upon the appellee. (3a) offenses committed on the same occasion or which arose
out of the same occurrence that gave rise to the more
Section 4. When brief for appellee to be filed; reply brief severe offense for which the penalty of death is imposed,
of the appellant. — Within thirty (30) days from the and the accused appeals, the appeal shall be included in
receipt of the brief of the appellant, the appellee shall file the case certified for review to the Supreme Court.
seven (7) copies of the brief of the appellee with the clerk
of court which shall be accompanied by proof of service (c) In cases where the Court of Appeals imposes reclusion
of two (2) copies thereof upon the appellant. perpetua, life imprisonment or a lesser penalty, it shall
render and enter judgment imposing such penalty. The
Within twenty (20) days from receipt of the brief of the judgment may be appealed to the Supreme Court by
appellee, the appellant may file a reply brief traversing notice of appeal filed with the Court of Appeals. (A.M. No.
matters raised in the former but not covered in the brief 00-5-03-SC, [September 28, 2004])
of the appellant. (4a)
Section 14. Motion for new trial. — At any time after the
Section 5. Extension of time for filing briefs. — Extension appeal from the lower court has been perfected and
of time for the filing of briefs will not be allowed except before the judgment of the Court of Appeals convicting
for good and sufficient cause and only if the motion for the appellant becomes final, the latter may move for a
extension is filed before the expiration of the time sought new trial on the ground of newly-discovered evidence
to be extended. (5a) material to his defense. The motion shall conform with
Section 6. Form of briefs. — Briefs shall either be printed, the provisions of section 4, Rule 121. (14a)
encoded or typewritten in double space on the legal size


Section 15. Where new trial conducted. — When a new Section 4. Requisites for issuing search warrant. — A
trial is granted, the Court of Appeals may conduct the search warrant shall not issue except upon probable
hearing and receive evidence as provided in section 12 of cause in connection with one specific offense to be
this Rule or refer the trial to the court of origin. (15a) determined personally by the judge after examination
Section 16. Reconsideration. — A motion for under oath or affirmation of the complainant and the
reconsideration shall be filed within fifteen (15) days after witnesses he may produce, and particularly describing
from notice of the decision or final order of the Court of the place to be searched and the things to be seized
Appeals, with copies served upon the adverse party, which may be anywhere in the Philippines. (3a)
setting forth the grounds in support thereof. The Section 5. Examination of complainant; record. — The
mittimus shall be stayed during the pendency of the judge must, before issuing the warrant, personally
motion for reconsideration. No party shall be allowed a examine in the form of searching questions and answers,
second motion for reconsideration of a judgment or final in writing and under oath, the complainant and the
order. (16a) witnesses he may produce on facts personally known to
Section 17. Judgment transmitted and filed in trial court. them and attach to the record their sworn statements,
— When the entry of judgment of the Court of Appeals is together with the affidavits submitted. (4a)
issued, a certified true copy of the judgment shall be Section 6. Issuance and form of search warrant. — If the
attached to the original record which shall be remanded judge is satisfied of the existence of facts upon which the
to the clerk of the court from which the appeal was taken. application is based or that there is probable cause to
(17a) believe that they exist, he shall issue the warrant, which
Section 18. Application of certain rules in civil to criminal must be substantially in the form prescribed by these
cases. — The provisions of Rules 42, 44 to 46 and 48 to 56 Rules. (5a)
relating to procedure in the Court of Appeals and in the Section 7. Right to break door or window to effect search.
Supreme Court in original and appealed civil cases shall — The officer, if refused admittance to the place of
be applied to criminal cases insofar as they are applicable directed search after giving notice of his purpose and
and not inconsistent with the provisions of this Rule. (18a) authority, may break open any outer or inner door or
window of a house or any part of a house or anything
therein to execute the warrant or liberate himself or any
RULE 125 Procedure in the Supreme Court person lawfully aiding him when unlawfully detained
Section 1. Uniform procedure. — Unless otherwise therein. (6)
provided by the Constitution or by law, the procedure in Section 8. Search of house, room, or premise to be made
the Supreme Court in original and in appealed cases shall in presence of two witnesses. — No search of a house,
be the same as in the Court of Appeals. (1a) room, or any other premise shall be made except in the
Section 2. Review of decisions of the Court of Appeals. — presence of the lawful occupant thereof or any member
The procedure for the review by the Supreme Court of of his family or in the absence of the latter, two witnesses
decisions in criminal cases rendered by the Court of of sufficient age and discretion residing in the same
Appeals shall be the same as in civil cases. (2a) locality. (7a)
Section 3. Decision if opinion is equally divided. — When Section 9. Time of making search. — The warrant must
the Supreme Court en banc is equally divided in opinion direct that it be served in the day time, unless the
or the necessary majority cannot be had on whether to affidavit asserts that the property is on the person or in
acquit the appellant, the case shall again be deliberated the place ordered to be searched, in which case a
upon and if no decision is reached after re-deliberation, direction may be inserted that it be served at any time of
the judgment of conviction of the lower court shall be the day or night. (8)
reversed and the accused acquitted. (3a) Section 10. Validity of search warrant. — A search warrant
shall be valid for ten (10) days from its date. Thereafter it
shall be void. (9a)
RULE 126 Search and Seizure
Section 11. Receipt for the property seized. — The officer
Section 1. Search warrant defined. — A search warrant is seizing property under the warrant must give a detailed
an order in writing issued in the name of the People of receipt for the same to the lawful occupant of the
the Philippines, signed by a judge and directed to a peace premises in whose presence the search and seizure were
officer, commanding him to search for personal property made, or in the absence of such occupant, must, in the
described therein and bring it before the court. (1) presence of at least two witnesses of sufficient age and
Section 2. Court where application for search warrant discretion residing in the same locality, leave a receipt in
shall be filed. — An application for search warrant shall be the place in which he found the seized property. (10a)
filed with the following: Section 12. Delivery of property and inventory thereof to
a) Any court within whose territorial jurisdiction a crime court; return and proceedings thereon. — (a) The officer
was committed. must forthwith deliver the property seized to the judge
b) For compelling reasons stated in the application, any who issued the warrant, together with a true inventory
court within the judicial region where the crime was thereof duly verified under oath.
committed if the place of the commission of the crime is (b) Ten (10) days after issuance of the search warrant, the
known, or any court within the judicial region where the issuing judge shall ascertain if the return has been made,
warrant shall be enforced. and if none, shall summon the person to whom the
However, if the criminal action has already been filed, the warrant was issued and require him to explain why no
application shall only be made in the court where the return was made. If the return has been made, the judge
criminal action is pending. (n) shall ascertain whether section 11 of this Rule has been
complained with and shall require that the property
Section 3. Personal property to be seized. — A search seized be delivered to him. The judge shall see to it that
warrant may be issued for the search and seizure of subsection (a) hereof has been complied with.
personal property:
(c) The return on the search warrant shall be filed and
(a) Subject of the offense; kept by the custodian of the log book on search warrants
(b) Stolen or embezzled and other proceeds, or fruits of who shall enter therein the date of the return, the result,
the offense; or and other actions of the judge.
(c) Used or intended to be used as the means of A violation of this section shall constitute contempt of
committing an offense. (2a) court.(11a)


Section 13. Search incident to lawful arrest. — A person maritime courts of the world and their seals, the political
lawfully arrested may be searched for dangerous constitution and history of the Philippines, the official
weapons or anything which may have been used or acts of legislative, executive and judicial departments of
constitute proof in the commission of an offense without the Philippines, the laws of nature, the measure of time,
a search warrant. (12a) and the geographical divisions. (1a)
Section 14. Motion to quash a search warrant or to Section 2. Judicial notice, when discretionary. — A court
suppress evidence; where to file. — A motion to quash a may take judicial notice of matters which are of public
search warrant and/or to suppress evidence obtained knowledge, or are capable to unquestionable
thereby may be filed in and acted upon only by the court demonstration, or ought to be known to judges because
where the action has been instituted. If no criminal action of their judicial functions. (1a)
has been instituted, the motion may be filed in and Section 3. Judicial notice, when hearing necessary. —
resolved by the court that issued the search warrant. During the trial, the court, on its own initiative, or on
However, if such court failed to resolve the motion and a request of a party, may announce its intention to take
criminal case is subsequent filed in another court, the judicial notice of any matter and allow the parties to be
motion shall be resolved by the latter court. (n) heard thereon.
After the trial, and before judgment or on appeal, the
RULE 127 Provisional Remedies in Criminal Cases proper court, on its own initiative or on request of a party,
Section 1. Availability of provisional remedies. — The may take judicial notice of any matter and allow the
provisional remedies in civil actions, insofar as they are parties to be heard thereon if such matter is decisive of a
applicable, may be availed of in connection with the civil material issue in the case. (n)
action deemed instituted with the criminal action. (1a) Section 4. Judicial admissions. — An admission, verbal or
Section 2. Attachment. — When the civil action is written, made by the party in the course of the
properly instituted in the criminal action as provided in proceedings in the same case, does not require proof. The
Rule 111, the offended party may have the property of the admission may be contradicted only by showing that it
accused attached as security for the satisfaction of any was made through palpable mistake or that no such
judgment that may be recovered from the accused in the admission was made. (2a)
following cases:
(a) When the accused is about to abscond from the RULE 130 Rules of Admissibility
Philippines;
(b) When the criminal action is based on a claim for A. OBJECT (REAL) EVIDENCE
money or property embezzled or fraudulently misapplied
Section 1. Object as evidence. — Objects as evidence are
or converted to the use of the accused who is a public
those addressed to the senses of the court. When an
officer, officer of a corporation, attorney, factor, broker,
object is relevant to the fact in issue, it may be exhibited
agent, or clerk, in the course of his employment as such,
to, examined or viewed by the court. (1a)
or by any other person in a fiduciary capacity, or for a
willful violation of duty;
B. DOCUMENTARY EVIDENCE
(c) When the accused has concealed, removed, or
disposed of his property, or is about to do so; and Section 2. Documentary evidence. — Documents as
a) When the accused resides outside the Philippines. (2a) evidence consist of writing or any material containing
letters, words, numbers, figures, symbols or other modes
of written expression offered as proof of their contents. (n)
Revised Rules on Evidence 1. Best Evidence Rule

Section 3. Original document must be produced;
exceptions. — When the subject of inquiry is the contents
AS AMENDED PER RESOLUTION of a document, no evidence shall be admissible other
than the original document itself, except in the following
ADOPTED ON MARCH 14, 1989
cases:
(a) When the original has been lost or destroyed, or
RULE 128 General Provisions cannot be produced in court, without bad faith on the
Section 1. Evidence defined. — Evidence is the means, part of the offeror;
sanctioned by these rules, of ascertaining in a judicial (b) When the original is in the custody or under the
proceeding the truth respecting a matter of fact. (1) control of the party against whom the evidence is offered,
Section 2. Scope. — The rules of evidence shall be the and the latter fails to produce it after reasonable notice;
same in all courts and in all trials and hearings, except as (c) When the original consists of numerous accounts or
otherwise provided by law or these rules. (2a) other documents which cannot be examined in court
Section 3. Admissibility of evidence. — Evidence is without great loss of time and the fact sought to be
admissible when it is relevant to the issue and is not established from them is only the general result of the
excluded by the law of these rules. (3a) whole; and
Section 4. Relevancy; collateral matters. — Evidence (d) When the original is a public record in the custody of a
must have such a relation to the fact in issue as to induce public officer or is recorded in a public office. (2a)
belief in its existence or non-existence. Evidence on Section 4. Original of document. —
collateral matters shall not be allowed, except when it
tends in any reasonable degree to establish the (a) The original of the document is one the contents of
probability or improbability of the fact in issue. (4a) which are the subject of inquiry.
(b) When a document is in two or more copies executed
at or about the same time, with identical contents, all
RULE 129 What Need Not Be Proved such copies are equally regarded as originals.
Section 1. Judicial notice, when mandatory. — A court (c) When an entry is repeated in the regular course of
shall take judicial notice, without the introduction of business, one being copied from another at or near the
evidence, of the existence and territorial extent of states, time of the transaction, all the entries are likewise equally
their political history, forms of government and symbols regarded as originals. (3a)
of nationality, the law of nations, the admiralty and


Section 14. Peculiar signification of terms. — The terms

2. Secondary Evidence of a writing are presumed to have been used in their
Section 5. When original document is unavailable. — primary and general acceptation, but evidence is
When the original document has been lost or destroyed, admissible to show that they have a local, technical, or
or cannot be produced in court, the offeror, upon proof of otherwise peculiar signification, and were so used and
its execution or existence and the cause of its understood in the particular instance, in which case the
unavailability without bad faith on his part, may prove its agreement must be construed accordingly. (12)
contents by a copy, or by a recital of its contents in some Section 15. Written words control printed. — When an
authentic document, or by the testimony of witnesses in instrument consists partly of written words and partly of a
the order stated. (4a) printed form, and the two are inconsistent, the former
Section 6. When original document is in adverse party's controls the latter. (13)
custody or control. — If the document is in the custody or Section 16. Experts and interpreters to be used in
under the control of adverse party, he must have explaining certain writings. — When the characters in
reasonable notice to produce it. If after such notice and which an instrument is written are difficult to be
after satisfactory proof of its existence, he fails to produce deciphered, or the language is not understood by the
the document, secondary evidence may be presented as court, the evidence of persons skilled in deciphering the
in the case of its loss. (5a) characters, or who understand the language, is
Section 7. Evidence admissible when original document admissible to declare the characters or the meaning of
is a public record. — When the original of document is in the language. (14)
the custody of public officer or is recorded in a public Section 17. Of Two constructions, which preferred. —
office, its contents may be proved by a certified copy When the terms of an agreement have been intended in
issued by the public officer in custody thereof. (2a) a different sense by the different parties to it, that sense is
Section 8. Party who calls for document not bound to to prevail against either party in which he supposed the
offer it. — A party who calls for the production of a other understood it, and when different constructions of
document and inspects the same is not obliged to offer it a provision are otherwise equally proper, that is to be
as evidence. (6a) taken which is the most favorable to the party in whose
favor the provision was made. (15)
3. Parol Evidence Rule Section 18. Construction in favor of natural right. —
When an instrument is equally susceptible of two
Section 9. Evidence of written agreements. — When the interpretations, one in favor of natural right and the other
terms of an agreement have been reduced to writing, it is against it, the former is to be adopted. (16)
considered as containing all the terms agreed upon and
there can be, between the parties and their successors in Section 19. Interpretation according to usage. — An
interest, no evidence of such terms other than the instrument may be construed according to usage, in
contents of the written agreement. order to determine its true character. (17)
However, a party may present evidence to modify, explain
or add to the terms of written agreement if he puts in C. TESTIMONIAL EVIDENCE
issue in his pleading:
(a) An intrinsic ambiguity, mistake or imperfection in the 1. Qualification of Witnesses
written agreement; Section 20. Witnesses; their qualifications. — Except as
(b) The failure of the written agreement to express the provided in the next succeeding section, all persons who
true intent and agreement of the parties thereto; can perceive, and perceiving, can make their known
perception to others, may be witnesses.
(c) The validity of the written agreement; or
Religious or political belief, interest in the outcome of the
(d) The existence of other terms agreed to by the parties
case, or conviction of a crime unless otherwise provided
or their successors in interest after the execution of the
by law, shall not be ground for disqualification. (18a)
written agreement.
Section 21. Disqualification by reason of mental
The term "agreement" includes wills. (7a)
incapacity or immaturity. — The following persons
cannot be witnesses:
4. Interpretation Of Documents
(a) Those whose mental condition, at the time of their
Section 10. Interpretation of a writing according to its production for examination, is such that they are
legal meaning. — The language of a writing is to be incapable of intelligently making known their perception
interpreted according to the legal meaning it bears in the to others;
place of its execution, unless the parties intended
otherwise. (8) (b) Children whose mental maturity is such as to render
them incapable of perceiving the facts respecting which
Section 11. Instrument construed so as to give effect to all they are examined and of relating them truthfully. (19a)
provisions. — In the construction of an instrument, where
there are several provisions or particulars, such a Section 22. Disqualification by reason of marriage. —
construction is, if possible, to be adopted as will give During their marriage, neither the husband nor the wife
effect to all. (9) may testify for or against the other without the consent of
the affected spouse, except in a civil case by one against
Section 12. Interpretation according to intention; general the other, or in a criminal case for a crime committed by
and particular provisions. — In the construction of an one against the other or the latter's direct descendants or
instrument, the intention of the parties is to be pursued; ascendants. (20a)
and when a general and a particular provision are
inconsistent, the latter is paramount to the former. So a Section 23. Disqualification by reason of death or
particular intent will control a general one that is insanity of adverse party. — Parties or assignor of parties
inconsistent with it. (10) to a case, or persons in whose behalf a case is prosecuted,
against an executor or administrator or other
Section 13. Interpretation according to circumstances. — representative of a deceased person, or against a person
For the proper construction of an instrument, the of unsound mind, upon a claim or demand against the
circumstances under which it was made, including the estate of such deceased person or against such person of
situation of the subject thereof and of the parties to it, unsound mind, cannot testify as to any matter of fact
may be shown, so that the judge may be placed in the occurring before the death of such deceased person or
position of those who language he is to interpret. (11) before such person became of unsound mind. (20a)


Section 24. Disqualification by reason of privileged Section 30. Admission by conspirator. — The act or
communication. — The following persons cannot testify declaration of a conspirator relating to the conspiracy and
as to matters learned in confidence in the following cases: during its existence, may be given in evidence against the
(a) The husband or the wife, during or after the marriage, co-conspirator after the conspiracy is shown by evidence
cannot be examined without the consent of the other as other than such act of declaration. (27)
to any communication received in confidence by one Section 31. Admission by privies. — Where one derives
from the other during the marriage except in a civil case title to property from another, the act, declaration, or
by one against the other, or in a criminal case for a crime omission of the latter, while holding the title, in relation to
committed by one against the other or the latter's direct the property, is evidence against the former. (28)
descendants or ascendants; Section 32. Admission by silence. — An act or declaration
(b) An attorney cannot, without the consent of his client, made in the presence and within the hearing or
be examined as to any communication made by the observation of a party who does or says nothing when the
client to him, or his advice given thereon in the course of, act or declaration is such as naturally to call for action or
or with a view to, professional employment, nor can an comment if not true, and when proper and possible for
attorney's secretary, stenographer, or clerk be examined, him to do so, may be given in evidence against him. (23a)
without the consent of the client and his employer, Section 33. Confession. — The declaration of an accused
concerning any fact the knowledge of which has been acknowledging his guilt of the offense charged, or of any
acquired in such capacity; offense necessarily included therein, may be given in
(c) A person authorized to practice medicine, surgery or evidence against him. (29a)
obstetrics cannot in a civil case, without the consent of
the patient, be examined as to any advice or treatment 4. Previous Conduct as Evidence
given by him or any information which he may have
acquired in attending such patient in a professional Section 34. Similar acts as evidence. — Evidence that
capacity, which information was necessary to enable him one did or did not do a certain thing at one time is not
to act in capacity, and which would blacken the admissible to prove that he did or did not do the same or
reputation of the patient; similar thing at another time; but it may be received to
prove a specific intent or knowledge; identity, plan,
(d) A minister or priest cannot, without the consent of the system, scheme, habit, custom or usage, and the like.
person making the confession, be examined as to any (48a)
confession made to or any advice given by him in his
professional character in the course of discipline enjoined Section 35. Unaccepted offer. — An offer in writing to pay
by the church to which the minister or priest belongs; a particular sum of money or to deliver a written
instrument or specific personal property is, if rejected
(e) A public officer cannot be examined during his term of without valid cause, equivalent to the actual production
office or afterwards, as to communications made to him and tender of the money, instrument, or property. (49a)
in official confidence, when the court finds that the
public interest would suffer by the disclosure. (21a)
5. Testimonial Knowledge
2. Testimonial Privilege Section 36. Testimony generally confined to personal
knowledge; hearsay excluded. — A witness can testify
Section 25. Parental and filial privilege. — No person may only to those facts which he knows of his personal
be compelled to testify against his parents, other direct knowledge; that is, which are derived from his own
ascendants, children or other direct descendants. (20a) perception, except as otherwise provided in these rules.
(30a)
3. Admissions and Confessions
Section 26. Admission of a party. — The act, declaration 6. Exceptions To The Hearsay Rule
or omission of a party as to a relevant fact may be given in Section 37. Dying declaration. — The declaration of a
evidence against him. (22) dying person, made under
Section 27. Offer of compromise not admissible. — In civil the consciousness of an impending death, may be
cases, an offer of compromise is not an admission of any received in any case wherein his death is the subject of
liability, and is not admissible in evidence against the inquiry, as evidence of the cause and surrounding
offeror. circumstances of such death. (31a)
In criminal cases, except those involving quasi-offenses Section 38. Declaration against interest. — The
(criminal negligence) or those allowed by law to be declaration made by a person deceased, or unable to
compromised, an offer of compromised by the accused testify, against the interest of the declarant, if the fact is
may be received in evidence as an implied admission of asserted in the declaration was at the time it was made
guilt. so far contrary to declarant's own interest, that a
A plea of guilty later withdrawn, or an unaccepted offer of reasonable man in his position would not have made the
a plea of guilty to lesser offense, is not admissible in declaration unless he believed it to be true, may be
evidence against the accused who made the plea or offer. received in evidence against himself or his successors in
interest and against third persons. (32a)
An offer to pay or the payment of medical, hospital or
other expenses occasioned by an injury is not admissible Section 39. Act or declaration about pedigree. — The act
in evidence as proof of civil or criminal liability for the or declaration of a person deceased, or unable to testify,
injury. (24a) in respect to the pedigree of another person related to
him by birth or marriage, may be received in evidence
Section 28. Admission by third party. — The rights of a where it occurred before the controversy, and the
party cannot be prejudiced by an act, declaration, or relationship between the two persons is shown by
omission of another, except as hereinafter provided. (25a) evidence other than such act or declaration. The word
Section 29. Admission by co-partner or agent. — The act "pedigree" includes relationship, family genealogy, birth,
or declaration of a partner or agent of the party within marriage, death, the dates when and the places where
the scope of his authority and during the existence of the these fast occurred, and the names of the relatives. It
partnership or agency, may be given in evidence against embraces also facts of family history intimately
such party after the partnership or agency is shown by connected with pedigree. (33a)
evidence other than such act or declaration. The same Section 40. Family reputation or tradition regarding
rule applies to the act or declaration of a joint owner, joint pedigree. — The reputation or tradition existing in a
debtor, or other person jointly interested with the party. family previous to the controversy, in respect to the
(26a) pedigree of any one of its members, may be received in



evidence if the witness testifying thereon be also a The witness may also testify on his impressions of the
member of the family, either by consanguinity or affinity. emotion, behavior, condition or appearance of a person.
Entries in family bibles or other family books or charts, (44a)
engravings on rings, family portraits and the like, may be
received as evidence of pedigree. (34a) 8. Character Evidence
Section 41. Common reputation. — Common reputation Section 51. Character evidence not generally admissible;
existing previous to the controversy, respecting facts of exceptions: —
public or general interest more than thirty years old, or
respecting marriage or moral character, may be given in (a) In Criminal Cases:
evidence. Monuments and inscriptions in public places (1) The accused may prove his good moral character
may be received as evidence of common reputation. (35) which is pertinent to the moral trait involved in the
Section 42. Part of res gestae. — Statements made by a offense charged.
person while a starting occurrence is taking place or (2) Unless in rebuttal, the prosecution may not prove his
immediately prior or subsequent thereto with respect to bad moral character which is pertinent to the moral trait
the circumstances thereof, may be given in evidence as involved in the offense charged.
part of res gestae. So, also, statements accompanying an
equivocal act material to the issue, and giving it a legal (3) The good or bad moral character of the offended party
significance, may be received as part of the res gestae. may be proved if it tends to establish in any reasonable
(36a) degree the probability or improbability of the offense
charged.
Section 43. Entries in the course of business. — Entries
made at, or near the time of transactions to which they (b) In Civil Cases:
refer, by a person deceased, or unable to testify, who was Evidence of the moral character of a party in civil case is
in a position to know the facts therein stated, may be admissible only when pertinent to the issue of character
received as prima facie evidence, if such person made involved in the case.
the entries in his professional capacity or in the (c) In the case provided for in Rule 132, Section 14, (46a,
performance of duty and in the ordinary or regular course 47a)
of business or duty. (37a)
Section 44. Entries in official records. — Entries in official
records made in the performance of his duty by a public RULE 131 Burden of Proof and Presumptions
officer of the Philippines, or by a person in the Section 1. Burden of proof. — Burden of proof is the duty
performance of a duty specially enjoined by law, are of a party to present evidence on the facts in issue
prima facie evidence of the facts therein stated. (38) necessary to establish his claim or defense by the amount
Section 45. Commercial lists and the like. — Evidence of of evidence required by law. (1a, 2a)
statements of matters of interest to persons engaged in Section 2. Conclusive presumptions. — The following are
an occupation contained in a list, register, periodical, or instances of conclusive presumptions:
other published compilation is admissible as tending to
prove the truth of any relevant matter so stated if that (a) Whenever a party has, by his own declaration, act, or
compilation is published for use by persons engaged in omission, intentionally and deliberately led to another to
that occupation and is generally used and relied upon by believe a particular thing true, and to act upon such
them therein. (39) belief, he cannot, in any litigation arising out of such
declaration, act or omission, be permitted to falsify it:
Section 46. Learned treatises. — A published treatise,
periodical or pamphlet on a subject of history, law, (b) The tenant is not permitted to deny the title of his
science, or art is admissible as tending to prove the truth landlord at the time of commencement of the relation of
of a matter stated therein if the court takes judicial notice, landlord and tenant between them. (3a)
or a witness expert in the subject testifies, that the writer Section 3. Disputable presumptions. — The following
of the statement in the treatise, periodical or pamphlet is presumptions are satisfactory if uncontradicted, but may
recognized in his profession or calling as expert in the be contradicted and overcome by other evidence:
subject. (40a)
(a) That a person is innocent of crime or wrong;
Section 47. Testimony or deposition at a former
(b) That an unlawful act was done with an unlawful
proceeding. — The testimony or deposition of a witness
intent;
deceased or unable to testify, given in a former case or
proceeding, judicial or administrative, involving the same (c) That a person intends the ordinary consequences of
parties and subject matter, may be given in evidence his voluntary act;
against the adverse party who had the opportunity to (d) That a person takes ordinary care of his concerns;
cross-examine him. (41a)
(e) That evidence willfully suppressed would be adverse if
7. Opinion Rule produced;
(f) That money paid by one to another was due to the
Section 48. General rule. — The opinion of witness is not
latter;
admissible, except as indicated in the following sections.
(42) (g) That a thing delivered by one to another belonged to
the latter;
Section 49. Opinion of expert witness. — The opinion of a
witness on a matter requiring special knowledge, skill, (h) That an obligation delivered up to the debtor has been
experience or training which he shown to posses, may be paid;
received in evidence. (43a) (i) That prior rents or installments had been paid when a
Section 50. Opinion of ordinary witnesses. — The opinion receipt for the later one is produced;
of a witness for which proper basis is given, may be (j) That a person found in possession of a thing taken in
received in evidence regarding — the doing of a recent wrongful act is the taker and the
(a) the identity of a person about whom he has adequate doer of the whole act; otherwise, that things which a
knowledge; person possess, or exercises acts of ownership over, are
owned by him;
(b) A handwriting with which he has sufficient familiarity;
and (k) That a person in possession of an order on himself for
the payment of the money, or the delivery of anything,
(c) The mental sanity of a person with whom he is
has paid the money or delivered the thing accordingly;
sufficiently acquainted.


(l) That a person acting in a public office was regularly (cc) That in cases of cohabitation by a man and a woman
appointed or elected to it; who are not capacitated to marry each other and who
(m) That official duty has been regularly performed; have acquire properly through their actual joint
contribution of money, property or industry, such
(n) That a court, or judge acting as such, whether in the contributions and their corresponding shares including
Philippines or elsewhere, was acting in the lawful exercise joint deposits of money and evidences of credit are equal.
of jurisdiction;
(dd) That if the marriage is terminated and the mother
(o) That all the matters within an issue raised in a case contracted another marriage within three hundred days
were laid before the court and passed upon by it; and in after such termination of the former marriage, these rules
like manner that all matters within an issue raised in a shall govern in the absence of proof to the contrary:
dispute submitted for arbitration were laid before the
arbitrators and passed upon by them; (1) A child born before one hundred eighty days after the
solemnization of the subsequent marriage is considered
(p) That private transactions have been fair and regular; to have been conceived during such marriage, even
(q) That the ordinary course of business has been though it be born within the three hundred days after the
followed; termination of the former marriage.
(r) That there was a sufficient consideration for a contract; (2) A child born after one hundred eighty days following
the celebration of the subsequent marriage is considered
(s) That a negotiable instrument was given or indorsed for to have been conceived during such marriage, even
a sufficient consideration; though it be born within the three hundred days after the
(t) That an endorsement of negotiable instrument was termination of the former marriage.
made before the instrument was overdue and at the (ee) That a thing once proved to exist continues as long as
place where the instrument is dated; is usual with things of the nature;
(u) That a writing is truly dated; (ff) That the law has been obeyed;
(v) That a letter duly directed and mailed was received in (gg) That a printed or published book, purporting to be
the regular course of the mail; printed or published by public authority, was so printed or
(w) That after an absence of seven years, it being published;
unknown whether or not the absentee still lives, he is (hh) That a printed or published book, purporting contain
considered dead for all purposes, except for those of reports of cases adjudged in tribunals of the country
succession. where the book is published, contains correct reports of
The absentee shall not be considered dead for the such cases;
purpose of opening his succession till after an absence of (ii) That a trustee or other person whose duty it was to
ten years. If he disappeared after the age of seventy-five convey real property to a particular person has actually
years, an absence of five years shall be sufficient in order conveyed it to him when such presumption is necessary
that his succession may be opened. to perfect the title of such person or his successor in
The following shall be considered dead for all purposes interest;
including the division of the estate among the heirs: (jj) That except for purposes of succession, when two
(1) A person on board a vessel lost during a sea voyage, or persons perish in the same calamity, such as wreck,
an aircraft with is missing, who has not been heard of for battle, or conflagration, and it is not shown who died first,
four years since the loss of the vessel or aircraft; and there are no particular circumstances from which it
can be inferred, the survivorship is determined from the
(2) A member of the armed forces who has taken part in probabilities resulting from the strength and the age of
armed hostilities, and has been missing for four years; the sexes, according to the following rules:
(3) A person who has been in danger of death under 1. If both were under the age of fifteen years, the older is
other circumstances and whose existence has not been deemed to have survived;
known for four years;
2. If both were above the age sixty, the younger is
(4) If a married person has been absent for four deemed to have survived;
consecutive years, the spouse present may contract a
subsequent marriage if he or she has well-founded belief 3. If one is under fifteen and the other above sixty, the
that the absent spouse is already death. In case of former is deemed to have survived;
disappearance, where there is a danger of death the 4. If both be over fifteen and under sixty, and the sex be
circumstances hereinabove provided, an absence of only different, the male is deemed to have survived, if the sex
two years shall be sufficient for the purpose of be the same, the older;
contracting a subsequent marriage. However, in any case,
before marrying again, the spouse present must institute 5. If one be under fifteen or over sixty, and the other
a summary proceedings as provided in the Family Code between those ages, the latter is deemed to have
and in the rules for declaration of presumptive death of survived.
the absentee, without prejudice to the effect of (kk) That if there is a doubt, as between two or more
reappearance of the absent spouse. persons who are called to succeed each other, as to which
(x) That acquiescence resulted from a belief that the of them died first, whoever alleges the death of one prior
thing acquiesced in was conformable to the law or fact; to the other, shall prove the same; in the absence of proof,
they shall be considered to have died at the same time.
(y) That things have happened according to the ordinary (5a)
course of nature and ordinary nature habits of life;
Section 4. No presumption of legitimacy or illegitimacy.
(z) That persons acting as copartners have entered into a — There is no presumption of legitimacy of a child born
contract of copartneship; after three hundred days following the dissolution of the
(aa) That a man and woman deporting themselves as marriage or the separation of the spouses. Whoever
husband and wife have entered into a lawful contract of alleges the legitimacy or illegitimacy of such child must
marriage; prove his allegation. (6)
(bb) That property acquired by a man and a woman who
are capacitated to marry each other and who live
exclusively with each other as husband and wife without
the benefit of marriage or under void marriage, has been
obtained by their joint efforts, work or industry.


Section 9. Recalling witness. — After the examination of a
RULE 132 Presentation of Evidence witness by both sides has been concluded, the witness
cannot be recalled without leave of the court. The court
will grant or withhold leave in its discretion, as the
A. EXAMINATION OF WITNESSES interests of justice may require. (14)
Section 1. Examination to be done in open court. — The Section 10. Leading and misleading questions. — A
examination of witnesses presented in a trial or hearing question which suggests to the witness the answer which
shall be done in open court, and under oath or the examining party desires is a leading question. It is not
affirmation. Unless the witness is incapacitated to speak, allowed, except:
or the questions calls for a different mode of answer, the
answers of the witness shall be given orally. (1a) (a) On cross examination;
Section 2. Proceedings to be recorded. — The entire (b) On preliminary matters;
proceedings of a trial or hearing, including the questions (c) When there is a difficulty is getting direct and
propounded to a witness and his answers thereto, the intelligible answers from a witness who is ignorant, or a
statements made by the judge or any of the parties, child of tender years, or is of feeble mind, or a deaf-mute;
counsel, or witnesses with reference to the case, shall be (d) Of an unwilling or hostile witness; or
recorded by means of shorthand or stenotype or by other
means of recording found suitable by the court. (e) Of a witness who is an adverse party or an officer,
director, or managing agent of a public or private
A transcript of the record of the proceedings made by the corporation or of a partnership or association which is an
official stenographer, stenotypist or recorder and certified adverse party.
as correct by him shall be deemed prima facie a correct
statement of such proceedings. (2a) A misleading question is one which assumes as true a
fact not yet testified to by the witness, or contrary to that
Section 3. Rights and obligations of a witness. — A which he has previously stated. It is not allowed. (5a, 6a,
witness must answer questions, although his answer may and 8a)
tend to establish a claim against him. However, it is the
right of a witness: Section 11. Impeachment of adverse party's witness. — A
witness may be impeached by the party against whom
(1) To be protected from irrelevant, improper, or insulting he was called, by contradictory evidence, by evidence that
questions, and from harsh or insulting demeanor; his general reputation for truth, honesty, or integrity is
(2) Not to be detained longer than the interests of justice bad, or by evidence that he has made at other times
require; statements inconsistent with his present, testimony, but
(3) Not to be examined except only as to matters not by evidence of particular wrongful acts, except that it
pertinent to the issue; may be shown by the examination of the witness, or the
record of the judgment, that he has been convicted of an
(4) Not to give an answer which will tend to subject him offense. (15)
to a penalty for an offense unless otherwise provided by
law; or Section 12. Party may not impeach his own witness. —
Except with respect to witnesses referred to in
(5) Not to give an answer which will tend to degrade his paragraphs (d) and (e) of Section 10, the party producing
reputation, unless it to be the very fact at issue or to a fact a witness is not allowed to impeach his credibility.
from which the fact in issue would be presumed. But a
witness must answer to the fact of his previous final A witness may be considered as unwilling or hostile only
conviction for an offense. (3a, 19a) if so declared by the court upon adequate showing of his
adverse interest, unjustified reluctance to testify, or his
Section 4. Order in the examination of an individual having misled the party into calling him to the witness
witness. — The order in which the individual witness may stand.
be examined is as follows;
The unwilling or hostile witness so declared, or the
(a) Direct examination by the proponent; witness who is an adverse party, may be impeached by
(b) Cross-examination by the opponent; the party presenting him in all respects as if he had been
called by the adverse party, except by evidence of his bad
(c) Re-direct examination by the proponent; character. He may also be impeached and
(d) Re-cross-examination by the opponent. (4) cross-examined by the adverse party, but such
cross-examination must only be on the subject matter of
Section 5. Direct examination. — Direct examination is his examination-in-chief. (6a, 7a)
the examination-in-chief of a witness by the party
presenting him on the facts relevant to the issue. (5a) Section 13. How witness impeached by evidence of
inconsistent statements. — Before a witness can be
Section 6. Cross-examination; its purpose and extent. — impeached by evidence that he has made at other times
Upon the termination of the direct examination, the statements inconsistent with his present testimony, the
witness may be cross-examined by the adverse party as statements must be related to him, with the
to many matters stated in the direct examination, or circumstances of the times and places and the persons
connected therewith, with sufficient fullness and present, and he must be asked whether he made such
freedom to test his accuracy and truthfulness and statements, and if so, allowed to explain them. If the
freedom from interest or bias, or the reverse, and to elicit statements be in writing they must be shown to the
all important facts bearing upon the issue. (8a) witness before any question is put to him concerning
Section 7. Re-direct examination; its purpose and extent. them. (16)
— After the cross-examination of the witness has been Section 14. Evidence of good character of witness. —
concluded, he may be re-examined by the party calling Evidence of the good character of a witness is not
him, to explain or supplement his answers given during admissible until such character has been impeached. (17)
the cross-examination. On re-direct-examination,
questions on matters not dealt with during the Section 15. Exclusion and separation of witnesses. — On
cross-examination, may be allowed by the court in its any trial or hearing, the judge may exclude from the court
discretion. (12) any witness not at the time under examination, so that he
may not hear the testimony of other witnesses. The judge
Section 8. Re-cross-examination. — Upon the conclusion may also cause witnesses to be kept separate and to be
of the re-direct examination, the adverse party may prevented from conversing with one another until all
re-cross-examine the witness on matters stated in his shall have been examined. (18)
re-direct examination, and also on such other matters as
may be allowed by the court in its discretion. (13) Section 16. When witness may refer to memorandum. —
A witness may be allowed to refresh his memory


respecting a fact, by anything written or recorded by facie evidence of the facts therein stated. All other public
himself or under his direction at the time when the fact documents are evidence, even against a third person, of
occurred, or immediately thereafter, or at any other time the fact which gave rise to their execution and of the date
when the fact was fresh in his memory and knew that the of the latter. (24a)
same was correctly written or recorded; but in such case Section 24. Proof of official record. — The record of public
the writing or record must be produced and may be documents referred to in paragraph (a) of Section 19,
inspected by the adverse party, who may, if he chooses, when admissible for any purpose, may be evidenced by
cross examine the witness upon it, and may read it in an official publication thereof or by a copy attested by the
evidence. So, also, a witness may testify from such writing officer having the legal custody of the record, or by his
or record, though he retain no recollection of the deputy, and accompanied, if the record is not kept in the
particular facts, if he is able to swear that the writing or Philippines, with a certificate that such officer has the
record correctly stated the transaction when made; but custody. If the office in which the record is kept is in
such evidence must be received with caution. (10a) foreign country, the certificate may be made by a
Section 17. When part of transaction, writing or record secretary of the embassy or legation, consul general,
given in evidence, the remainder, the remainder consul, vice consul, or consular agent or by any officer in
admissible. — When part of an act, declaration, the foreign service of the Philippines stationed in the
conversation, writing or record is given in evidence by one foreign country in which the record is kept, and
party, the whole of the same subject may be inquired into authenticated by the seal of his office. (25a)
by the other, and when a detached act, declaration, Section 25. What attestation of copy must state. —
conversation, writing or record is given in evidence, any Whenever a copy of a document or record is attested for
other act, declaration, conversation, writing or record the purpose of evidence, the attestation must state, in
necessary to its understanding may also be given in substance, that the copy is a correct copy of the original,
evidence. (11a) or a specific part thereof, as the case may be. The
Section 18. Right to respect writing shown to witness. — attestation must be under the official seal of the attesting
Whenever a writing is shown to a witness, it may be officer, if there be any, or if he be the clerk of a court
inspected by the adverse party. (9a) having a seal, under the seal of such court. (26a)
Section 26. Irremovability of public record. — Any public
B. AUTHENTICATION AND PROOF OF DOCUMENTS record, an official copy of which is admissible in evidence,
must not be removed from the office in which it is kept,
Section 19. Classes of Documents. — For the purpose of
except upon order of a court where the inspection of the
their presentation evidence, documents are either public
record is essential to the just determination of a pending
or private.
case. (27a)
Public documents are:
Section 27. Public record of a private document. — An
(a) The written official acts, or records of the official acts of authorized public record of a private document may be
the sovereign authority, official bodies and tribunals, and proved by the original record, or by a copy thereof,
public officers, whether of the Philippines, or of a foreign attested by the legal custodian of the record, with an
country; appropriate certificate that such officer has the custody.
(b) Documents acknowledge before a notary public (28a)
except last wills and testaments; and Section 28. Proof of lack of record. — A written statement
(c) Public records, kept in the Philippines, of private signed by an officer having the custody of an official
documents required by law to the entered therein. record or by his deputy that after diligent search no
record or entry of a specified tenor is found to exist in the
All other writings are private. (20a) records of his office, accompanied by a certificate as
Section 20. Proof of private document. — Before any above provided, is admissible as evidence that the
private document offered as authentic is received in records of his office contain no such record or entry. (29)
evidence, its due execution and authenticity must be Section 29. How judicial record impeached. — Any
proved either: judicial record may be impeached by evidence of: (a)
(a) By anyone who saw the document executed or want of jurisdiction in the court or judicial officer, (b)
written; or collusion between the parties, or (c) fraud in the party
offering the record, in respect to the proceedings. (30a)
(b) By evidence of the genuineness of the signature or
handwriting of the maker. Section 30. Proof of notarial documents. — Every
instrument duly acknowledged or proved and certified as
Any other private document need only be identified as provided by law, may be presented in evidence without
that which it is claimed to be. (21a) further proof, the certificate of acknowledgment being
Section 21. When evidence of authenticity of private prima facie evidence of the execution of the instrument
document not necessary. — Where a private document is or document involved. (31a)
more than thirty years old, is produced from the custody Section 31. Alteration in document, how to explain. — The
in which it would naturally be found if genuine, and is party producing a document as genuine which has been
unblemished by any alterations or circumstances of altered and appears to have been altered after its
suspicion, no other evidence of its authenticity need be execution, in a part material to the question in dispute,
given. (22a) must account for the alteration. He may show that the
Section 22. How genuineness of handwriting proved. — alteration was made by another, without his concurrence,
The handwriting of a person may be proved by any or was made with the consent of the parties affected by
witness who believes it to be the handwriting of such it, or was otherwise properly or innocent made, or that
person because he has seen the person write, or has seen the alteration did not change the meaning or language of
writing purporting to be his upon which the witness has the instrument. If he fails to do that, the document shall
acted or been charged, and has thus acquired knowledge not be admissible in evidence. (32a)
of the handwriting of such person. Evidence respecting Section 32. Seal. — There shall be no difference between
the handwriting may also be given by a comparison, sealed and unsealed private documents insofar as their
made by the witness or the court, with writings admitted admissibility as evidence is concerned. (33a)
or treated as genuine by the party against whom the
evidence is offered, or proved to be genuine to the Section 33. Documentary evidence in an unofficial
satisfaction of the judge. (23a) language. — Documents written in an unofficial
language shall not be admitted as evidence, unless
Section 23. Public documents as evidence. — accompanied with a translation into English or Filipino. To
Documents consisting of entries in public records made avoid interruption of proceedings, parties or their
in the performance of a duty by a public officer are prima



attorneys are directed to have such translation prepared which there are testifying, the nature of the facts to which

before trial. (34a) they testify, the probability or improbability of their
testimony, their interest or want of interest, and also their
C. OFFER AND OBJECTION personal credibility so far as the same may legitimately
appear upon the trial. The court may also consider the
Section 34. Offer of evidence. — The court shall consider number of witnesses, though the preponderance is not
no evidence which has not been formally offered. The necessarily with the greater number. (1a)
purpose for which the evidence is offered must be
Section 2. Proof beyond reasonable doubt. — In a
specified. (35)
criminal case, the accused is entitled to an acquittal,
Section 35. When to make offer. — As regards the unless his guilt is shown beyond reasonable doubt. Proof
testimony of a witness, the offer must be made at the beyond reasonable doubt does not mean such a degree
time the witness is called to testify. of proof, excluding possibility of error, produces absolute
Documentary and object evidence shall be offered after certainly. Moral certainty only is required, or that degree
the presentation of a party's testimonial evidence. Such of proof which produces conviction in an unprejudiced
offer shall be done orally unless allowed by the court to be mind. (2a)
done in writing. (n) Section 3. Extrajudicial confession, not sufficient ground
Section 36. Objection. — Objection to evidence offered for conviction. — An extrajudicial confession made by an
orally must be made immediately after the offer is made. accused, shall not be sufficient ground for conviction,
unless corroborated by evidence of corpus delicti. (3)
Objection to a question propounded in the course of the
oral examination of a witness shall be made as soon as Section 4. Circumstantial evidence, when sufficient. —
the grounds therefor shall become reasonably apparent. Circumstantial evidence is sufficient for conviction if:
An offer of evidence in writing shall be objected to within (a) There is more than one circumstances;
three (3) days after notice of the unless a different period (b) The facts from which the inferences are derived are
is allowed by the court. proven; and
In any case, the grounds for the objections must be (c) The combination of all the circumstances is such as to
specified. (36a) produce a conviction beyond reasonable doubt. (5)
Section 37. When repetition of objection unnecessary. — Section 5. Substantial evidence. — In cases filed before
When it becomes reasonably apparent in the course of administrative or quasi-judicial bodies, a fact may be
the examination of a witness that the question being deemed established if it is supported by substantial
propounded are of the same class as those to which evidence, or that amount of relevant evidence which a
objection has been made, whether such objection was reasonable mind might accept as adequate to justify a
sustained or overruled, it shall not be necessary to repeat conclusion. (n)
the objection, it being sufficient for the adverse party to
Section 6. Power of the court to stop further evidence. —
record his continuing objection to such class of questions.
The court may stop the introduction of further testimony
(37a)
upon any particular point when the evidence upon it is
Section 38. Ruling. — The ruling of the court must be already so full that more witnesses to the same point
given immediately after the objection is made, unless the cannot be reasonably expected to be additionally
court desires to take a reasonable time to inform itself on persuasive. But this power should be exercised with
the question presented; but the ruling shall always be caution. (6)
made during the trial and at such time as will give the
Section 7. Evidence on motion. — When a motion is
party against whom it is made an opportunity to meet
based on facts not appearing of record the court may
the situation presented by the ruling.
hear the matter on affidavits or depositions presented by
The reason for sustaining or overruling an objection need the respective parties, but the court may direct that the
not be stated. However, if the objection is based on two or matter be heard wholly or partly on oral testimony or
more grounds, a ruling sustaining the objection on one or depositions. (7)
some of them must specify the ground or grounds relied
upon. (38a)
RULE 1341 Perpetuation of Testimony
Section 39. Striking out answer. — Should a witness
answer the question before the adverse party had the Section 1. Petition. — A person who desires to perpetuate
opportunity to voice fully its objection to the same, and his own testimony or that of another person regarding
such objection is found to be meritorious, the court shall any matter that may be cognizable in any court of the
sustain the objection and order the answer given to be Philippines, any file a verified petition in the court of the
stricken off the record. province of the residence of any expected adverse party.
On proper motion, the court may also order the striking Section 2. Contents of petition. — The petition shall be
out of answers which are incompetent, irrelevant, or entitled in the name of the petitioner and shall show: (a)
otherwise improper. (n) that the petitioner expects to be a party to an action in a
court of the Philippines by is presently unable to bring it
Section 40. Tender of excluded evidence. — If documents or cause it to be brought; (b) the subject matter of the
or things offered in evidence are excluded by the court, expected action and his interest therein; (c) the facts
the offeror may have the same attached to or made part which he desires to establish by the proposed testimony
of the record. If the evidence excluded is oral, the offeror and his reasons for desiring to perpetuate it; (d) the
may state for the record the name and other personal names of a description of the persons he expects will be
circumstances of the witness and the substance of the adverse parties and their addresses so far as known; and
proposed testimony. (n) (e) the names and addresses of the persons to be
RULE 133 examined and the substance of the testimony which he
Weight and Sufficiency of Evidence expects to elicit from each, and shall ask for an order
authorizing the petitioner to take the depositions of the
Section 1. Preponderance of evidence, how determined. persons to be examined named in the petition for the
— In civil cases, the party having burden of proof must purpose of perpetuating their testimony.
establish his case by a preponderance of evidence. In
determining where the preponderance or superior Section 3. Notice and service. — The petitioner shall
weight of evidence on the issues involved lies, the court thereafter serve a notice upon each person named in the
may consider all the facts and circumstances of the case,
the witnesses' manner of testifying, their intelligence, 1
their means and opportunity of knowing the facts to This rule will be transposed to Part 1 of the Rules of
Court on Deposition and Discovery.



petition as an expected adverse party, together with a authorities and legislative bodies consistent with the
copy of a petition, stating that the petitioner will apply to United Nations Convention on the Rights of the Child.
the court, at a time and place named therein, for the
SECTION 3. Definition of Terms. —
order described in the petition. At least twenty (20) days
before the date of hearing the notice shall be served in (a) "Child" is a person below eighteen years of age.
the manner provided for service of summons.
(b) "Department" refers to the Department of Social
Section 4. Order of examination. — If the court is Welfare and Development.
satisfied that the perpetuation of the testimony may
prevent a failure or delay of justice, it shall make an order (c) "Dependent child" is one who is without a parent,
designating or describing the persons whose deposition guardian or custodian, or one whose parents, guardian or
may be taken and specifying the subject matter of the other custodian for good cause desires to be relieved of
examination, and whether the depositions shall be taken his care and custody, and is dependent upon the public
upon oral examination or written interrogatories. The for support.
depositions may then be taken in accordance with Rule (d) "Abandoned child" is one who has no proper parental
24 before the hearing. care or guardianship, or whose parents or guardian has
Section 5. Reference to court. — For the purpose of deserted him for a period of at least six (6) continuous
applying Rule 24 to depositions for perpetuating months.
testimony, each reference therein to the court in which (e) "Neglected child" is one whose basic needs have been
the action is pending shall be deemed to refer to the deliberately unattended to or inadequately attended to,
court in which the petition for such deposition was filed. physically or emotionally, by his parents or guardian.
Section 6. Use of deposition. — If a deposition to
(f) "Physical neglect" occurs when the child is
perpetuate testimony is taken under this rule, or if,
although not so taken, it would be admissible in malnourished, ill-clad and without proper shelter.
evidence, it may be used in any action involving the same (g) "Emotional neglect" occurs when a child is raped,
subject matter subsequently brought in accordance with seduced, maltreated, exploited, overworked or made to
the provisions of Sections 4 and 5 of Rule 24. work under conditions not conducive to good health;
Section 7. Depositions pending appeal. — If an appeal made to beg in the streets or public places, or when
has been taken from a judgment of the Regional Trial placed in moral danger, or exposed to drugs, alcohol,
Court or before the taking of an appeal if the time gambling, prostitution and other vices.
therefor has not expired, the Regional Trial Court in which (h) "Disabled child" includes mentally retarded, physically
the judgment was rendered may allow the taking of handicapped, emotionally disturbed and mentally ill
depositions of witnesses to perpetuate their testimony for children, children with cerebral palsy and those with
use in the event of further proceedings in the said court. similar afflictions.
In such case the party who desires to perpetuate the
testimony may make a motion in the said Regional Trial (i) "Mentally retarded child" is one who is (1) socially
Court for leave to take the depositions, upon the same incompetent, that is, socially inadequate, occupationally
notice and service thereof as if the action was pending incompetent and unable to manage his own affairs; (2)
therein. The motion shall show (a) the name and the mentally subnormal; (3) intellectually retarded from birth
addresses of the persons to be examined and the or early age; (4) retarded at maturity; (5) mentally
substance of the testimony which he expects to elicit deficient as a result of constitutional origin through
from each; and (b) the reason for perpetuating their heredity or diseases or (6) essentially incurable.
testimony. If the court finds that the perpetuation of the (j) "Physically handicapped child" is one who is crippled,
testimony is proper to avoid a failure or delay of justice, it deaf-mute, blind, or otherwise suffers from a defect
may make an order allowing the depositions to be taken, which restricts his means of action or communication
and thereupon the depositions may be taken and used in with others.
the same manner and under the same conditions as are
prescribed in these rules for depositions taken in actions (k) "Emotionally disturbed child" is one who, although not
pending in the Regional Trial Court. (7a) afflicted with insanity or mental defect, is unable to
maintain normal social relations with others and the
community in general due to emotional problems or
Other Rules
complexes,
(l) "Mentally ill child" is one with any behavioral disorder,
whether functional or organic, which is of such a degree
of severity as to require professional help or
hospitalization.
Special Rules of Civil (m) "Commitment" or "surrender of a child" is the legal
act of entrusting a child to the care of the Department or
Procedure any duly licensed child-placement or child-caring agency
or individual by the court, parent or guardian or any
interested party.
A.M. No. 02-1-19-SC | RULE ON COMMITMENT (n) "Involuntarily committed child" is one whose parents
have been permanently and judicially deprived of
OF CHILDREN parental authority due to abandonment; substantial,
continuous, or repeated neglect; abuse; or incompetence
February 28, 2002 to discharge parental responsibilities in accordance with
Section 4 herein.
SECTION 1. Objective. — The objective of this Rule is to
ensure that every effort is exerted to promote the child's (o) "Voluntarily committed child" is one whose parents
welfare and enhance his opportunities for a useful and knowingly and willingly relinquished parental authority to
happy life. Toward this end, this Rule seeks to protect the the Department or any duly licensed child-placement or
child from all forms of neglect, abuse, cruelty, exploitation child-caring agency or individual in accordance with
and other conditions prejudicial to his development . Section 3 herein.
SECTION 2. Interpretation. — The best interests of the (p) "Child-placing or child-placement agency" refers to a
child shall be the paramount consideration in all actions private non-profit or charitable institution or government
concerning him, whether undertaken by public or private agency duly licensed, and accredited by the Department
social welfare institutions, courts of law, administrative to provide comprehensive child welfare services,



including but not limited to, receiving applications for (e) Social Worker. — After the court sets the petition for
adoption or foster care, evaluating the prospective hearing in accordance with Subsection (d) above, it shall
adoptive or foster parents and preparing the home study direct the social worker to submit, before the hearing, a
report. case study report of the child to aid it in evaluating
(q) "Child-caring agency" refers to a private non-profit or whether said child should be committed to the care of
charitable institution or government agency duly the Department or any duly licensed child-placement or
licensed and accredited by the Department that provides child-caring agency or individual. The report shall bear
twenty-four hour residential care services for abandoned, the signature of the social worker on every page.
orphaned, neglected, involuntarily or voluntarily (f) Guardian Ad Litem of Child. — If neither of the parents
committed children. nor the guardian of the child can be located or does not
(r) "Guardian ad litem" is a person appointed by the court appear in court despite due notice, or if the court finds
where the case is pending for a child sought to be them incompetent to protect the best interests of the
committed to protect his best interests. child, it shall be the duty of the court to appoint a suitable
person as guardian ad litem to represent the child. In
(s) "Case Study Report" is a written report of the result of making the appointment, the court shall consider the
an investigation conducted by a social worker as to the background of the guardian ad litem and his familiarity
socio-cultural, economic and legal status or condition of with the judicial process, social service programs and
the child sought to be committed. It shall include among child development. A member of the Philippine Bar may
others his developmental age, educational attainment, be appointed guardian ad litem.
family and social relationships, the quality of his peer
(g) Child's Right to Counsel. — The court, upon request of
group, his family's strengths and weaknesses and
parental control over him. The report is submitted to the the child capable of forming his own views or upon
Family Court to aid it in its. evaluation of whether the request of his guardian ad litem, shall appoint a lawyer to
child ought to be committed to the care of the represent him in the proceedings.
Department or any duly licensed child-placement or (h) Duty of Public Prosecutor. — The provincial or city
child-caring agency or individual. prosecutor shall appear for the State and ascertain if
SECTION 4. Petition for Involuntary Commitment of a there has been due notice to all parties concerned and
Child. — that there is justification for the declaration of
dependency, abandonment or neglect.
(a) Who may file. — The Secretary of the Department or
(i) Hearing. — The court shall direct the person or agency
his authorized representative or any duly licensed
child-placement or child-caring agency having which has custody of the child to bring the latter to the
knowledge of a child who appears to be dependent, court on the date of the hearing of the petition and shall
abandoned or neglected, may file a verified petition for ascertain the facts and determine whether the child is
involuntary commitment of said child to the care of any dependent, abandoned, or neglected, and if so, the cause
duly licensed child-placement or child-caring agency or and circumstances of such condition.
individual. (j) Judgment. — If, after the hearing, the court shall find
(b) Venue. — The petition shall be filed with the Family the child to be dependent, abandoned, or neglected, it
Court of the province or city in which the parent or shall render judgment committing him to the care and
guardian resides or where the child is found. custody of the Department or any duly licensed
child-placement or child-caring agency or individual until
(c) Contents of Verified Petition. — The petition must he reaches the age of eighteen (18). The judgment shall
state: likewise make proper provisions for the custody of the
property or money belonging to the committed. child.
(1) The names of the parents or guardian and their place
of residence. If the child's parents are unknown, petitioner If the child is committed to the Department, it shall notify
must allege that diligent efforts have been exerted to the court within thirty (30) days from the order of
locate them. If said parents are deceased, petitioner shall commitment, the name and address of the duly licensed
attach a certified true copy of their death certificate; and accredited child-placement or child-caring agency or
individual where the child shall be placed.
(2) The facts showing that the child is dependent,
abandoned, or neglected; However, if the court finds that the abandonment or
neglect of the child may be remedied, the child may be
(3) The facts showing who has custody of the child at the
allowed to stay in his own home under the care and
time of the filing of the petition; and control of his parents or guardian, subject to supervision
(4) The name, address and written consent of the and direction of the Department.
Department or duly licensed child-placement or (k) Visitation or Inspection. — Any duly licensed
child-caring agency or individual to whose care the child-placement or child-caring agency or individual to
commitment of the child is sought to be entrusted. whom a child has been committed by the court shall be
(d) Summons; Court to Set Time for Hearing. — If the subject to visitation or inspection by a representative of
court is satisfied that the petition is sufficient in form and the court or of the Department, as the case may be or of
substance, it shall direct the clerk of court to immediately both, to determine whether the welfare and interests of
issue summons which shall be served together with a the child are being served.
copy of the petition and a notice of hearing, upon the (l) Report of Person or Institution. — Any duly licensed
parents or guardian of the child and the office of the child-placement or child-caring agency or individual to
public prosecutor not less than five (5) days before the whom a child has been committed by judicial order may
date of the hearing. The office of the public prosecutor at any time be required by the court to submit a report,
shall be directed to immediately transmit the summons containing all necessary information for determining
to the prosecutor assigned to the Family Court whether the welfare of the child is being served.
concerned.
(m) Temporary Custody of Child. — The duly licensed
If it appears from the petition that both parents of the
child-placement or child-caring agency or individual to
child are dead or that neither parent can be found in the whom a child has been committed may file a verified
province or city where the court is located and the child motion with the court which granted the petition for
has no guardian residing therein, summons may not be involuntary commitment of a child to place him in the
issued and the court shall thereupon appoint a guardian care of any suitable person, upon the latter's request, for a
ad litem pursuant to Subsection (f) below and proceed period not exceeding one month at a time. The court may
with the hearing of the case with due notice to the order the social worker to submit a case study report to
provincial or city prosecutor, aid it in evaluating whether such temporary custody shall



be for the best interests of the child. The period of (iv) Resolution. — If it is found that the cause for the
temporary custody of the child may be extended by the commitment of the child no longer exists and that the
court for a period not exceeding one month at a time movant is already able to take proper care and custody of
upon motion of the duly licensed child-placement or the child, the court, after taking into consideration the
child-caring agency or individual to which the child has best interests and the welfare of the child, shall issue a
been committed. resolution terminating the parental authority of the
The court, motu proprio, or upon request of the child person, agency or institution to whom the child was
assisted by his guardian ad litem, or at the instance of the committed by judicial order and restoring parental
agency or person to whom the child was committed, authority to the movant.
after due notice and hearing, shall discontinue the q) Jurisdiction for Prosecution of Punishable Acts. — The
temporary custody of the child if it appears that he is not Family Court which granted the involuntary commitment
being given proper care. shall have jurisdiction over the prosecution of a child who
After one month from the date temporary custody of the left without prior permission from the person or
child was given to another suitable person, the agency or institution to which he has been judicially committed or
individual shall submit to the court a verified report on the person under whose custody he has been judicially
whether the temporary custody of the child has committed in accordance with Subsection (m) of Section
promoted his best interests. 4 of this Rule. It shall likewise have jurisdiction over the
person who induced the child to leave such person or
(n) Change of Custody. — If the child is committed to the institution, except in case of actual or imminent grave
Department, it shall have the authority to change the physical or moral danger to the child. The Family Court
custody of a child it had placed with any duly licensed which granted the involuntary commitment shall also
child-placement or child-caring agency or individual if it have jurisdiction over the prosecution of parents or
appears that such change is for the best interests of the guardians of the child who may be held liable under
child. The Department shall notify the court of any Articles 59 and 60 of P.D. No. 603 and Sections 9, 10 and 31
change in custody of the child. of R.A. No. 7610.
When conflicting interests arise among child-placement SECTION 5. Voluntary Commitment of a Child to an
or child-caring agencies, the court which granted the Institution or Individual. — The parent or guardian of a
involuntary commitment of the child, upon motion of the dependent, abandoned or neglected child may
Department or any of the agencies concerned, shall order voluntarily commit him to the Department or any duly
the change of commitment of the child. licensed child-placement or child-caring agency or
individual subject to the rules of the Department.
(o) Removal of Custody. — A motion to remove custody of
However, no child shall be committed unless he is
a child may be filed by an authorized representative of surrendered in writing by his parents or guardian stating
the Department with knowledge of the facts against a such voluntary commitment and specifically naming the
child-placement or child-caring agency or individual to office, agency, or individual to whose custody the child is
whose custody a child has been committed by the court to be committed. Such written instrument should be
on the ground of neglect of such child as defined in notarized and signed in the presence of an authorized
Section 3 (e) of this Rule. The court shall set the motion representative of the Department after counseling and
for hearing with notice to the public prosecutor and the other services have been made available to encourage
court-designated social worker. If the court finds after the child's parents to keep the child.
hearing that the allegations of the motion have been
established and that it is for the best interests and welfare (a) Petition for removal of Custody. —
of the child, the court shall issue an order removing him (i) Who may file; Ground. — The parents or guardian who
from the custody of the person or agency, as the case
voluntarily committed the child, or in their absence or
may be, and committing him to the custody of another
failure, any person with knowledge of the facts, may file a
duly licensed child-placement or child-caring agency or
verified petition to remove custody of the child against
individual.
the child-placement or child-caring agency or individual
In the same proceeding, the court may suspend or revoke to whose custody the child has been voluntarily
the license of the agency or individual found guilty of committed on the ground of neglect of such child as
such neglect depending upon the gravity or frequency of defined in Section 3 (e) of this Rule. A child may also be
the offense. removed from the custody of the child-placement or
child-caring agency or individual on the ground that the
(p) Restoration of Parental Authority After Involuntary voluntary commitment of the child was unjustified.
Commitment. —
(ii) Venue. — The petition shall be filed with the Family
(i) Who may file; Ground. — The parents or guardian of a Court of the province or city where the child-placement
child committed to the care of a person, agency or or child-caring agency to which the child has been
institution by judicial order may file a verified motion for voluntarily committed is located or where the child may
the restoration of his rights over the child with the court be found.
which granted the involuntary commitment on the
ground that he is now able to take proper care and (iii) Contents of Verified Petition — The petition must
custody of said child, provided, however, that the child state:
has not yet been adopted. (1) The name and address of the child-placement or
(ii) Notice of Hearing. — The court shall fix the time and child-caring agency or individual to whose custody the
date for the hearing of the motion, which shall not be child has been voluntarily committed;
earlier than thirty (30) days nor later than sixty (60) days (2) The facts showing that the child has been neglected
from the date of the filing of said motion and cause
by the agency or in cases where the voluntary
notice of the hearing to be sent to the person, agency or
commitment was unjustified, that the parents of the
institution to which the child has been committed, the
child are actually capable of taking care and custody of
public prosecutor and the court-designated social worker,
the child;
at least five (5) days before the date of hearing.
(3) The name, address and written consent of the duly
(iii) Hearing. — At the hearing, any person may be allowed
licensed child-placement or child-caring agency or
to intervene at the discretion of the court to contest the
individual to whose care the child may be transferred.
right to the relief demanded. Witnesses may be called
and examined by the parties or by the court motu (4) The facts showing that petitioner has exhausted the
proprio. administrative remedies available to him.


(iv) Notice of Hearing. — If the petition is sufficient in (2) The name of the parents and their residence, if known,
form and substance, the court shall set the same for or if the child has no living parent, the name and
hearing with notice to the Department, the public residence of the guardian, if any; and
prosecutor, the court-designated social worker, the
(3) The fact that the parents or guardian or any duly
agency or individual to whom the child has been
committed and in appropriate cases, the parents of the licensed disabled child-placement or child-caring agency,
child. as the case may be, has opposed the commitment of
such child;
(v) Judgment. — If after hearing the court finds that the
(4) The name and written conformity of the institution
allegations of the petition have been established and that
it is for the best interests and welfare of the child, it shall where the child is to be committed.
issue an order removing the child from the custody of the (5) An estimate of the costs and other expenses of
person or agency concerned, and committing him to the maintaining the child in the institution.
custody of another duly licensed child-placement or
child-caring agency or individual. The verified petition shall be sufficient if based upon the
personal knowledge of the petitioner.
The court, in the same proceeding may, after hearing the
comment or recommendation of the Department, (d) Order of Hearing; Notice. — If the petition filed is
suspend or revoke the license of the agency or individual sufficient in form and substance, the court, by an order
found guilty of such neglect depending upon the gravity reciting the purpose of the petition, shall fix the date of
or frequency of the offense. the hearing thereof, and a copy of such order shall be
served on the child alleged to be mentally retarded,
(b) Restoration of Parental Authority After Voluntary physically handicapped, emotionally disturbed, mentally
Commitment. — The restoration of rights of the parent or ill, with cerebral palsy or with similar afflictions and on the
guardian over the child who has been voluntarily person having charge of him or any of his relatives
committed shall be governed by the rules of the residing in the province or city as the court may deem
Department, provided, however, that the petition for proper.
restoration is filed within six (6) months from the date of
voluntary commitment. In case the Department refuses The order shall also direct the sheriff or any other officer
to grant legal custody and parental authority to the of the court to produce, if necessary, the alleged disabled
parent or guardian over the child who has been child on the date of the hearing.
voluntarily committed to an agency or individual, the (e) Hearing and Judgment. — If the court finds that the
parent or guardian may file a petition in court for allegations of the petition have been established and that
restoration of parental authority in accordance with institutional care of the child is for his best interests or the
Section 4 (p) of this Rule. public welfare and that his parents, or guardian or
(c) Jurisdiction for Prosecution of Punishable Acts. — The relatives are unable for any reason whatsoever to take
Family Court of the place where the child may be found proper care of him, the court shall order his commitment
or where the duly licensed child-placement or to the proper institution for disabled children. The court
child-caring agency or individual is located shall have shall likewise make proper provisions for the custody of
jurisdiction over the prosecution of a child who left the property or money belonging to the committed child.
without prior permission from the person or institution to The expense of maintaining a disabled child in the
which he has been voluntarily committed. It shall likewise institution to which he has been committed shall be
have jurisdiction over the person who induced the child borne primarily by the parents or guardian and
to leave such person or institution, except in case of grave secondarily, by such disabled child, if he has property of
actual or imminent physical or moral danger, to the child. his own.
The same Family Court shall also have jurisdiction over
the prosecution of parents or guardians of the child who In all cases where the expenses for the maintenance of
may be held liable under Articles 59 and 60 of P.D. No. the disabled child cannot be paid in accordance with the
603 and Sections 9, 10 and 31 of R.A. No. 7610. immediately preceding paragraph, the Department shall
bear the expenses, or such part thereof as may remain
SECTION 6. Petition for Commitment of a Disabled Child. unpaid.
—
The court shall furnish the institution to which the child
(a) Who may file. — Where a child appears to be mentally has been committed with a copy of its judgment,
retarded, physically handicapped, emotionally disturbed, together with all the reports and other data pertinent to
mentally ill, with cerebral palsy or with similar afflictions the case.
and needs institutional care but his parents or guardians
are opposed thereto, the Department, or any duly (f) Discharge of Judicially Committed Disabled Child. —
licensed child-placement or child-caring agency or Upon motion of the parent, guardian or institution to
individual may file a verified petition for commitment of which the child has been judicially committed under this
the said child to any reputable institution providing care, rule, the court, after hearing, shall order the discharge of
training and rehabilitation for disabled children. such child if it is established and certified by the
Department that:
The parents or guardian of the child may file a similar
petition in case no immediate placement can be (1) He is no longer a danger to himself and the
arranged for the disabled child when his welfare and community;
interests are at stake. (2) He has been sufficiently rehabilitated, from his
(b) Venue. — The petition for commitment of a disabled physical handicap or if of working age, is already fit to
child shall be filed with the Family Court of the place engage in gainful occupation; or
where the parent or guardian resides or where the child is (3) He has been sufficiently relieved of his psychological,
found. mental and emotional problems and is ready to assume
(c) Contents of Verified Petition. — The petition for normal social relations.
commitment must state the following: SECTION 7. Effectivity. — This rule shall take effect on April
(1) The facts showing that the child appears to be 15, 2002 after its publication in a newspaper of general
mentally retarded, physically handicapped, emotionally circulation not later than March 15, 2002.
disturbed, mentally ill, with cerebral palsy or with similar (Proposed Rule on Commitment of Children , A.M. No.
afflictions and needs institutional care; 02-1-19-SC, [February 28, 2002])



judicially deprived of parental authority over him due to

abandonment; substantial, continuous or repeated
A.M. No. 02-6-02-SC | RULE ON ADOPTION neglect and abuse; or incompetence to discharge
parental responsibilities.
(e) “Foundling” refers to a deserted or abandoned infant
or child whose parents, guardian or relatives are
A. Domestic Adoption unknown; or a child committed to an orphanage or
Section 1. Applicability of the Rule. – This Rule covers the charitable or similar institution with unknown facts of
domestic adoption of Filipino children. birth and parentage and registered in the Civil Register as
a “foundling.”
Section 2. Objectives. – (a) The best interests of the child
shall be the paramount consideration in all matters (f) “Abandoned child” refers to one who has no proper
relating to his care, custody and adoption, in accordance parental care or guardianship or whose parents have
with Philippine laws, the United Nations (UN) Convention deserted him for a period of at least six (6) continuous
on the Rights of the Child, UN Declaration on Social and months and has been judicially declared as such.
Legal Principles Relating to the Protection and Welfare of (g) “Dependent child” refers to one who is without a
Children with Special Reference to Foster Placement and parent, guardian or custodian or one whose parents,
Adoption, Nationally and Internationally, and the Hague guardian or other custodian for good cause desires to be
Convention on the Protection of Children and relieved of his care and custody and is dependent upon
Cooperation in Respect of Inter-country Adoption. the public for support.
(b) The State shall provide alternative protection and (h) “Neglected child” is one whose basic needs have been
assistance through foster care or adoption for every child deliberately not attended to or inadequately attended to,
who is a foundling, neglected, orphaned, or abandoned. physically or emotionally, by his parents or guardian.
To this end, the State shall:
(i) “Physical neglect” occurs when the child is
(i) ensure that every child remains under the care and malnourished, ill-clad and without proper shelter.
custody of his parents and is provided with love, care,
understanding and security for the full and harmonious (j) “Emotional neglect” exists when a child is raped,
development of his personality. Only when such efforts seduced, maltreated, exploited, overworked or made to
prove insufficient and no appropriate placement or work under conditions not conducive to good health or
adoption within the child’s extended family is available made to beg in the streets or public places, or placed in
shall adoption by an unrelated person be considered. moral danger, or exposed to drugs, alcohol, gambling,
prostitution and other vices.
(ii) safeguard the biological parents from making hasty
decisions in relinquishing their parental authority over (k) “Child-placement agency” refers to an agency duly
their child; licensed and accredited by the Department to provide
comprehensive child welfare services including, but not
(iii) prevent the child from unnecessary separation from limited to, receiving applications for adoption, evaluating
his biological parents; the prospective adoptive parents and preparing the
(iv) conduct public information and educational adoption home study report.
campaigns to promote a positive environment for (l) “Child-caring agency” refers to an agency duly licensed
adoption; and accredited by the Department that provides 24-hour
(v) ensure that government and private sector agencies residential care services for abandoned, orphaned,
have the capacity to handle adoption inquiries, process neglected or voluntarily committed children.
domestic adoption applications and offer (m) “Department” refers to the Department of Social
adoption-related services including, but not limited to, Welfare and Development.
parent preparation and post-adoption education and
counseling; (n) “Deed of Voluntary Commitment” refers to the written
and notarized instrument relinquishing parental
(vi) encourage domestic adoption so as to preserve the authority and committing the child to the care and
child’s identity and culture in his native land, and only custody of the Department executed by the child’s
when this is not available shall inter-country adoption be biological parents or in their absence, mental incapacity
considered as a last resort; and or death, by the child’s legal guardian, to be witnessed by
(vii) protect adoptive parents from attempts to disturb an authorized representative of the Department after
their parental authority and custody over their adopted counseling and other services have been made available
child. to encourage the biological parents to keep the child.
Any voluntary or involuntary termination of parental (o) “Child Study Report” refers to a study made by the
authority shall be administratively or judicially declared so court social worker of the child’s legal status, placement
as to establish the status of the child as “legally available history, psychological, social, spiritual, medical,
for adoption” and his custody transferred to the ethno-cultural background and that of his biological
Department of Social Welfare and Development or to any family needed in determining the most appropriate
duly licensed and accredited child-placing or child-caring placement for him.
agency, which entity shall be authorized to take steps for (p) “Home Study Report” refers to a study made by the
the permanent placement of the child. court social worker of the motivation and capacity of the
Section 3. Definition of Terms. – For purposes of this Rule: prospective adoptive parents to provide a home that
meets the needs of a child.
(a) “Child” is a person below eighteen (18) years of age at
the time of the filing of the petition for adoption. (q) “Supervised trial custody” refers to the period of time
during which a social worker oversees the adjustment
(b) “A child legally available for adoption” refers to a child
and emotional readiness of both adopters and adoptee in
who has been voluntarily or involuntarily committed to
stabilizing their filial relationship.
the Department or to a duly licensed and accredited
child-placing or child-caring agency, freed of the parental (r) “Licensed Social Worker” refers to one who possesses a
authority of his biological parents, or in case of rescission degree in bachelor of science in social work as a
of adoption, his guardian or adopter(s). minimum educational requirement and who has passed
the government licensure examination for social workers
(c) “Voluntarily committed child” is one whose parents
as required by Republic Act No. 4373.
knowingly and willingly relinquish parental authority over
him in favor of the Department. (s) “Simulation of birth” is the tampering of the civil
registry to make it appear in the birth records that a
(d) “Involuntarily committed child” is one whose parents,
certain child was born to a person who is not his
known or unknown, have been permanently and



biological mother, thus causing such child to lose his true Section 5. Who may be adopted. – The following may be
identity and status. adopted:
(t) “Biological Parents” refer to the child’s mother and (1) Any person below eighteen (18) years of age who has
father by nature. been voluntarily committed to the Department under
(u) “Pre-Adoption Services” refer to psycho-social services Articles 154, 155 and 156 of P.D. No. 603 or judicially
provided by professionally-trained social workers of the declared available for adoption;
Department, the social services units of local (2) The legitimate child of one spouse, by the other
governments, private and government health facilities, spouse;
Family Courts, licensed and accredited child-caring and (3) An illegitimate child, by a qualified adopter to raise the
child-placement agencies and other individuals or status of the former to that of legitimacy;
entities involved in adoption as authorized by the
Department. (4) A person of legal age regardless of civil status, if, prior
to the adoption, said person has been consistently
(v) “Residence” means a person’s actual stay in the considered and treated by the adopters as their own child
Philippines for three (3) continuous years immediately since minority;
prior to the filing of a petition for adoption and which is
maintained until the adoption decree is entered. (5) A child whose adoption has been previously rescinded;
Temporary absences for professional, business, health, or or
emergency reasons not exceeding sixty (60) days in one (6) A child whose biological or adoptive parents have died:
(1) year does not break the continuity requirement. Provided, That no proceedings shall be initiated within six
(w) “Alien” refers to any person, not a Filipino citizen, who (6) months from the time of death of said parents.
enters and remains in the Philippines and is in possession (7) A child not otherwise disqualified by law or these rules.
of a valid passport or travel documents and visa.
Section 6. Venue. – The petition for adoption shall be filed
Section 4. Who may adopt. – The following may adopt: with the Family Court of the province or city where the
(1) Any Filipino citizen of legal age, in possession of full prospective adoptive parents reside.
civil capacity and legal rights, of good moral character, Section 7. Contents of the Petition. – The petition shall be
has not been convicted of any crime involving moral verified and specifically state at the heading of the
turpitude; who is emotionally and psychologically capable initiatory pleading whether the petition contains an
of caring for children, at least sixteen (16) years older than application for change of name, rectification of simulated
the adoptee, and who is in a position to support and care birth, voluntary or involuntary commitment of children, or
for his children in keeping with the means of the family. declaration of child as abandoned, dependent or
The requirement of a 16-year difference between the age neglected.
of the adopter and adoptee may be waived when the
adopter is the biological parent of the adoptee or is the 1) If the adopter is a Filipino citizen, the petition shall
spouse of the adoptee’s parent; allege the following:
(2) Any alien possessing the same qualifications as (a) The jurisdictional facts;
above-stated for Filipino nationals: Provided, That his (b) That the petitioner is of legal age, in possession of full
country has diplomatic relations with the Republic of the civil capacity and legal rights; is of good moral character;
Philippines, that he has been living in the Philippines for has not been convicted of any crime involving moral
at least three (3) continuous years prior to the filing of the turpitude; is emotionally and psychologically capable of
petition for adoption and maintains such residence until caring for children; is at least sixteen (16) years older than
the adoption decree is entered, that he has been certified the adoptee, unless the adopter is the biological parent of
by his diplomatic or consular office or any appropriate the adoptee or is the spouse of the adoptee’s parent; and
government agency to have the legal capacity to adopt in is in a position to support and care for his children in
his country, and that his government allows the adoptee keeping with the means of the family and has undergone
to enter his country as his adopted child. Provided, pre-adoption services as required by Section 4 of
further, That the requirements on residency and Republic Act No. 8552.
certification of the alien’s qualification to adopt in his
country may be waived for the following: 2) If the adopter is an alien, the petition shall allege the
following:
(i) a former Filipino citizen who seeks to adopt a relative
within the fourth (4th) degree of consanguinity or affinity; (a) The jurisdictional facts;
or (b) Sub-paragraph 1(b) above;
(ii) one who seeks to adopt the legitimate child of his (c) That his country has diplomatic relations with the
Filipino spouse; or Republic of the Philippines;
(iii) one who is married to a Filipino citizen and seeks to (d) That he has been certified by his diplomatic or
adopt jointly with his spouse a relative within the fourth consular office or any appropriate government agency to
(4th) degree of consanguinity or affinity of the Filipino have the legal capacity to adopt in his country and his
spouse. government allows the adoptee to enter his country as
(3) The guardian with respect to the ward after the his adopted child and reside there permanently as an
termination of the guardianship and clearance of his adopted child; and
financial accountabilities. (e) That he has been living in the Philippines for at least
Husband and wife shall jointly adopt, except in the three (3) continuous years prior to the filing of the
following cases: petition and he maintains such residence until the
adoption decree is entered.
(i) if one spouse seeks to adopt the legitimate child of one
spouse by the other spouse; or The requirements of certification of the alien’s
qualification to adopt in his country and of residency may
(ii) if one spouse seeks to adopt his own illegitimate child: be waived if the alien:
Provided, however, That the other spouse has signified
his consent thereto; or (i) is a former Filipino citizen who seeks to adopt a relative
within the fourth degree of consanguinity or affinity; or
(iii) if the spouses are legally separated from each other.
(ii) seeks to adopt the legitimate child of his Filipino
In case husband and wife jointly adopt or one spouse spouse; or
adopts the illegitimate child of the other, joint parental
authority shall be exercised by the spouses. (iii) is married to a Filipino citizen and seeks to adopt
jointly with his spouse a relative within the fourth degree
of consanguinity or affinity of the Filipino spouse.


3) If the adopter is the legal guardian of the adoptee, the A. Birth, baptismal or foundling certificate, as the case
petition shall allege that guardianship had been may be, and school records showing the name, age and
terminated and the guardian had cleared his financial residence of the adoptee;
accountabilities. B. Affidavit of consent of the following:
4) If the adopter is married, the spouse shall be a 1. The adoptee, if ten (10) years of age or over;
co-petitioner for joint adoption except if:
2. The biological parents of the child, if known, or the legal
(a) one spouse seeks to adopt the legitimate child of the guardian, or the child-placement agency, child-caring
other, or agency, or the proper government instrumentality which
(b) if one spouse seeks to adopt his own illegitimate child has legal custody of the child;
and the other spouse signified written consent thereto, or 3. The legitimate and adopted children of the adopter
(c) if the spouses are legally separated from each other. and of the adoptee, if any, who are ten (10) years of age or
5) If the adoptee is a foundling, the petition shall allege over;
the entries which should appear in his birth certificate, 4. The illegitimate children of the adopter living with him
such as name of child, date of birth, place of birth, if who are ten (10) years of age or over; and
known; sex, name and citizenship of adoptive mother and 5. The spouse, if any, of the adopter or adoptee.
father, and the date and place of their marriage.
C. Child study report on the adoptee and his biological
6) If the petition prays for a change of name, it shall also parents;
state the cause or reason for the change of name.
D. If the petitioner is an alien, certification by his
In all petitions, it shall be alleged: diplomatic or consular office or any appropriate
(a) The first name, surname or names, age and residence government agency that he has the legal capacity to
of the adoptee as shown by his record of birth, baptismal adopt in his country and that his government allows the
or foundling certificate and school records. adoptee to enter his country as his own adopted child
(b) That the adoptee is not disqualified by law to be unless exempted under Section 4(2);
adopted. E. Home study report on the adopters. If the adopter is an
(c) The probable value and character of the estate of the alien or residing abroad but qualified to adopt, the home
adoptee. study report by a foreign adoption agency duly
accredited by the Inter-Country Adoption Board; and
(d) The first name, surname or names by which the
adoptee is to be known and registered in the Civil F. Decree of annulment, nullity or legal separation of the
Registry. adopter as well as that of the biological parents of the
adoptee, if any.
A certification of non-forum shopping shall be included
pursuant to Section 5, Rule 7 of the 1997 Rules of Civil Section 12. Order of Hearing. – If the petition and
Procedure. attachments are sufficient in form and substance, the
court shall issue an order which shall contain the
Section 8. Rectification of Simulated Birth. – In case the following:
petition also seeks rectification of a simulated of birth, it
shall allege that: (1) the registered name of the adoptee in the birth
certificate and the names by which the adoptee has been
(a) Petitioner is applying for rectification of a simulated known which shall be stated in the caption;
birth;
(2) the purpose of the petition;
(b) The simulation of birth was made prior to the date of
effectivity of Republic Act No. 8552 and the application for (3) the complete name which the adoptee will use if the
rectification of the birth registration and the petition for petition is granted;
adoption were filed within five years from said date; (4) the date and place of hearing which shall be set within
(c) The petitioner made the simulation of birth for the six (6) months from the date of the issuance of the order
best interests of the adoptee; and and shall direct that a copy thereof be published before
the date of hearing at least once a week for three
(d) The adoptee has been consistently considered and successive weeks in a newspaper of general circulation in
treated by petitioner as his own child. the province or city where the court is situated; Provided,
Section 9. Adoption of a foundling, an abandoned, that in case of application for change of name, the date
dependent or neglected child. – In case the adoptee is a set for hearing shall not be within four (4) months after
foundling, an abandoned, dependent or neglected child, the last publication of the notice nor within thirty (30)
the petition shall allege: days prior to an election.
(a) The facts showing that the child is a foundling, The newspaper shall be selected by raffle under the
abandoned, dependent or neglected; supervision of the Executive Judge.
(b) The names of the parents, if known, and their (5) a directive to the social worker of the court, the social
residence. If the child has no known or living parents, service office of the local government unit or any
then the name and residence of the guardian, if any; child-placing or child-caring agency, or the Department
to prepare and submit child and home study reports
(c) The name of the duly licensed child-placement agency before the hearing if such reports had not been attached
or individual under whose care the child is in custody; and to the petition due to unavailability at the time of the
(d) That the Department, child-placement or child-caring filing of the latter; and
agency is authorized to give its consent. (6) a directive to the social worker of the court to conduct
Section 10. Change of name. – In case the petition also counseling sessions with the biological parents on the
prays for change of name, the title or caption must matter of adoption of the adoptee and submit her report
contain: before the date of hearing.
(a) The registered name of the child; At the discretion of the court, copies of the order of
hearing shall also be furnished the Office of the Solicitor
(b) Aliases or other names by which the child has been General through the provincial or city prosecutor, the
known; and Department and the biological parents of the adoptee, if
(c) The full name by which the child is to be known. known.
Section 11. Annexes to the Petition. – The following If a change in the name of the adoptee is prayed for in
documents shall be attached to the petition: the petition, notice to the Solicitor General shall be
mandatory.



Section 13. Child and Home Study Reports. – In preparing convinced from the trial custody report and the evidence

the child study report on the adoptee, the concerned adduced that the adoption shall redound to the best
social worker shall verify with the Civil Registry the real interests of the adoptee, a decree of adoption shall be
identity and registered name of the adoptee. If the birth issued which shall take effect as of the date the original
of the adoptee was not registered with the Civil Registry, petition was filed even if the petitioners die before its
it shall be the responsibility of the social worker to register issuance.
the adoptee and secure a certificate of foundling or late The decree shall:
registration, as the case may be.
A. State the name by which the child is to be known and
The social worker shall establish that the child is legally registered;
available for adoption and the documents in support
thereof are valid and authentic, that the adopter has B. Order:
sincere intentions and that the adoption shall inure to the 1) the Clerk of Court to issue to the adopter a certificate of
best interests of the child. finality upon expiration of the 15-day reglementary period
In case the adopter is an alien, the home study report within which to appeal;
must show the legal capacity to adopt and that his 2) the adopter to submit a certified true copy of the
government allows the adoptee to enter his country as decree of adoption and the certificate of finality to the
his adopted child in the absence of the certification Civil Registrar where the child was originally registered
required under Section 7(b) of Republic Act No. 8552. within thirty (30) days from receipt of the certificate of
If after the conduct of the case studies, the social worker finality. In case of change of name, the decree shall be
finds that there are grounds to deny the petition, he shall submitted to the Civil Registrar where the court issuing
make the proper recommendation to the court, the same is situated.
furnishing a copy thereof to the petitioner. 3) the Civil Registrar of the place where the adoptee was
Section 14. Hearing. – Upon satisfactory proof that the registered:
order of hearing has been published and jurisdictional a. to annotate on the adoptee’s original certificate of birth
requirements have been complied with, the court shall the decree of adoption within thirty (30) days from
proceed to hear the petition. The petitioner and the receipt of the certificate of finality;
adoptee must personally appear and the former must
testify before the presiding judge of the court on the date b. to issue a certificate of birth which shall not bear any
set for hearing. notation that it is a new or amended certificate and
which shall show, among others, the following: registry
The court shall verify from the social worker and number, date of registration, name of child, sex, date of
determine whether the biological parent has been birth, place of birth, name and citizenship of adoptive
properly counseled against making hasty decisions mother and father, and the date and place of their
caused by strain or anxiety to give up the child; ensure marriage, when applicable;
that all measures to strengthen the family have been
exhausted; and ascertain if any prolonged stay of the c. to seal the original certificate of birth in the civil registry
child in his own home will be inimical to his welfare and records which can be opened only upon order of the
interest. court which issued the decree of adoption; and
Section 15. Supervised Trial Custody. – Before issuance of d. to submit to the court issuing the decree of adoption
the decree of adoption, the court shall give the adopter proof of compliance with all the foregoing within thirty
trial custody of the adoptee for a period of at least six (6) days from receipt of the decree.
months within which the parties are expected to adjust If the adoptee is a foundling, the court shall order the Civil
psychologically and emotionally to each other and Registrar where the foundling was registered, to annotate
establish a bonding relationship. The trial custody shall be the decree of adoption on the foundling certificate and a
monitored by the social worker of the court, the new birth certificate shall be ordered prepared by the
Department, or the social service of the local government Civil Registrar in accordance with the decree.
unit, or the child-placement or child-caring agency which
submitted and prepared the case studies. During said Section 17. Book of Adoptions. – The Clerk of Court shall
period, temporary parental authority shall be vested in keep a book of adoptions showing the date of issuance of
the adopter. the decree in each case, compliance by the Civil Registrar
with Section 16(B)(3) and all incidents arising after the
The court may, motu proprio or upon motion of any party, issuance of the decree.
reduce the period or exempt the parties if it finds that the
same shall be for the best interests of the adoptee, Section 18. Confidential Nature of Proceedings and
stating the reasons therefor. Records. – All hearings in adoption cases, after
compliance with the jurisdictional requirements shall be
An alien adopter however must complete the 6-month confidential and shall not be open to the public. All
trial custody except the following: records, books and papers relating to the adoption cases
a) a former Filipino citizen who seeks to adopt a relative in the files of the court, the Department, or any other
within the fourth (4th) degree of consanguinity or affinity; agency or institution participating in the adoption
or proceedings shall be kept strictly confidential.
b) one who seeks to adopt the legitimate child of his If the court finds that the disclosure of the information to
Filipino spouse; or a third person is necessary for security reasons or for
purposes connected with or arising out of the adoption
c) one who is married to a Filipino citizen and seeks to and will be for the best interests of the adoptee, the court
adopt jointly with his or her spouse the latter’s relative may, upon proper motion, order the necessary
within the fourth (4th) degree of consanguinity or affinity. information to be released, restricting the purposes for
If the child is below seven (7) years of age and is placed which it may be used.
with the prospective adopter through a pre-adoption Section 19. Rescission of Adoption of the Adoptee. – The
placement authority issued by the Department, the court petition shall be verified and filed by the adoptee who is
shall order that the prospective adopter shall enjoy all the over eighteen (18) years of age, or with the assistance of
benefits to which the biological parent is entitled from the Department, if he is a minor, or if he is over eighteen
the date the adoptee is placed with him. (18) years of age but is incapacitated, by his guardian or
The social worker shall submit to the court a report on the counsel.
result of the trial custody within two weeks after its The adoption may be rescinded based on any of the
termination. following grounds committed by the adopter:
Section 16. Decree of Adoption. – If the supervised trial
custody is satisfactory to the parties and the court is



1) repeated physical and verbal maltreatment by the b) ensure that the child subject of inter-country adoption
adopter despite having undergone counseling; enjoys the same protection accorded to children in
2) attempt on the life of the adoptee; domestic adoption; and
3) sexual assault or violence; or c) take all measures to ensure that the placement arising
therefrom does not result in improper financial gain for
4) abandonment or failure to comply with parental those involved.
obligations.
Section 28. Where to File Petition. – A verified petition to
Adoption, being in the best interests of the child, shall not adopt a Filipino child may be filed by a foreign national or
be subject to rescission by the adopter. However, the Filipino citizen permanently residing abroad with the
adopter may disinherit the adoptee for causes provided in Family Court having jurisdiction over the place where the
Article 919 of the Civil Code. child resides or may be found.
Section 20. Venue. – The petition shall be filed with the It may be filed directly with the Inter-Country Adoption
Family Court of the city or province where the adoptee Board.
resides.
Section 29. Who may be adopted. – Only a child legally
Section 21. Time within which to file petition. – The available for domestic adoption may be the subject of
adoptee, if incapacitated, must file the petition for inter-country adoption.
rescission or revocation of adoption within five (5) years
after he reaches the age of majority, or if he was Section 30. Contents of Petition. – The petitioner must
incompetent at the time of the adoption, within five (5) allege:
years after recovery from such incompetence. a) his age and the age of the child to be adopted,
Section 22. Order to Answer. – The court shall issue an showing that he is at least twenty-seven (27) years of age
order requiring the adverse party to answer the petition and at least sixteen (16) years older than the child to be
within fifteen (15) days from receipt of a copy thereof. The adopted at the time of application, unless the petitioner
order and copy of the petition shall be served on the is the parent by nature of the child to be adopted or the
adverse party in such manner as the court may direct. spouse of such parent, in which case the age difference
does not apply;
Section 23. Judgment. – If the court finds that the
allegations of the petition are true, it shall render b) if married, the name of the spouse who must be joined
judgment ordering the rescission of adoption, with or as co-petitioner except when the adoptee is a legitimate
without costs, as justice requires. child of his spouse;
The court shall order that the parental authority of the c) that he has the capacity to act and assume all rights
biological parent of the adoptee, if known, or the legal and responsibilities of parental authority under his
custody of the Department shall be restored if the national laws, and has undergone the appropriate
adoptee is still a minor or incapacitated and declare that counseling from an accredited counselor in his country;
the reciprocal rights and obligations of the adopter and d) that he has not been convicted of a crime involving
the adoptee to each other shall be extinguished. moral turpitude;
The court shall further declare that successional rights e) that he is eligible to adopt under his national law;
shall revert to its status prior to adoption, as of the date of f) that he can provide the proper care and support and
judgment of judicial rescission. Vested rights acquired instill the necessary moral values and example to all his
prior to judicial rescission shall be respected. children, including the child to be adopted;
It shall also order the adoptee to use the name stated in g) that he agrees to uphold the basic rights of the child,
his original birth or foundling certificate. as embodied under Philippine laws and the U. N.
The court shall further order the Civil Registrar where the Convention on the Rights of the Child, and to abide by
adoption decree was registered to cancel the new birth the rules and regulations issued to implement the
certificate of the adoptee and reinstate his original birth provisions of Republic Act No. 8043;
or foundling certificate. h) that he comes from a country with which the
Section 24. Service of Judgment. – A certified true copy Philippines has diplomatic relations and whose
of the judgment together with a certificate of finality government maintains a similarly authorized and
issued by the Branch Clerk of the Court which rendered accredited agency and that adoption of a Filipino child is
the decision in accordance with the preceding Section allowed under his national laws; and
shall be served by the petitioner upon the Civil Registrar i) that he possesses all the qualifications and none of the
concerned within thirty (30) days from receipt of the disqualifications provided in this Rule, in Republic Act No.
certificate of finality. The Civil Registrar shall forthwith 8043 and in all other applicable Philippine laws.
enter the rescission decree in the register and submit
proof of compliance to the court issuing the decree and Section 31. Annexes. - The petition for adoption shall
the Clerk of Court within thirty (30) days from receipt of contain the following annexes written and officially
the decree. translated in English:
The Clerk of Court shall enter the compliance in a) Birth certificate of petitioner;
accordance with Section 17 hereof. b) Marriage contract, if married, and, if applicable, the
Section 25. Repeal. - This supersedes Rule 99 on divorce decree, or judgment dissolving the marriage;
Adoption and Rule 100 of the Rules of Court. c) Sworn statement of consent of petitioner’s biological or
adopted children above ten (10) years of age;
B. Inter-Country Adoption d) Physical, medical and psychological evaluation of the
petitioner certified by a duly licensed physician and
Section 26. Applicability. – The following sections apply to
psychologist;
inter-country adoption of Filipino children by foreign
nationals and Filipino citizens permanently residing e) Income tax returns or any authentic document
abroad. showing the current financial capability of the petitioner;
Section 27. Objectives. – The State shall: f) Police clearance of petitioner issued within six (6)
months before the filing of the petitioner;
a) consider inter-country adoption as an alternative
means of child care, if the child cannot be placed in a g) Character reference from the local church/minister, the
foster or an adoptive family or cannot, in any suitable petitioner’s employer and a member of the immediate
manner, be cared for in the Philippines; community who have known the petitioner for at least
five (5) years;


h) Full body postcard-size pictures of the petitioner and (4) The injured party whose consent was obtained by
his immediate family taken at least six (6) months before force, intimidation, or undue influence, within five years
the filing of the petition. from the time the force intimidation, or undue influence
Section 32. Duty of Court. – The court, after finding that disappeared or ceased, provided that the force,
the petition is sufficient in form and substance and a intimidation, or undue influence having disappeared or
proper case for inter-country adoption, shall immediately ceased, said party has not thereafter freely cohabited
transmit the petition to the Inter-Country Adoption Board with the other as husband or wife;
for appropriate action. (5) The injured party where the other spouse is physically
Section 33. Effectivity. - This Rule shall take effect on incapable of consummating the marriage with the other
August 22, 2002 following its publication in a newspaper and such incapability continues and appears to be
of general circulation. incurable, within five years after the celebration of
marriage; and
(6) Te injured party where the other party was afflicted
A.M. No. 02-11-10-SC | RULE ON with a sexually-transmissible disease found to be serious
DECLARATION OF ABSOLUTE NULLITY OF VOID and appears to be incurable, within five years after the
celebration of marriage.
MARRIAGES AND ANNULMENT OF VOIDABLE
(b) Where to file. - The petition shall be filed in the Family
MARRIAGES Court.
Section 4. Venue. - The Petition shall be filed in the
March 4, 2003 Family Court of the province or city where the petitioner
or the respondent has been residing for at least six
months prior to the date of filing. Or in the case of
Section 1. Scope - This Rule shall govern petitions for non-resident respondent, where he may be found in the
declaration of absolute nullity of void marriages and Philippines, at the election of the petitioner.
annulment of voidable marriages under the Family Code Section 5. Contents and form of petition. - (1) The petition
of the Philippines. shall allege the complete facts constituting the cause of
The Rules of Court shall apply suppletorily. action.
Section 2. Petition for declaration of absolute nullity of (2) It shall state the names and ages of the common
void marriages. children of the parties and specify the regime governing
their property relations, as well as the properties involved.
(a) Who may file. - A petition for declaration of absolute
nullity of void marriage may be filed solely by the If there is no adequate provision in a written agreement
husband or the wife. (n) between the parties, the petitioner may apply for a
provisional order for spousal support, the custody and
(b) Where to file. - The petition shall be filed in the Family
support of common children, visitation rights,
Court.
administration of community or conjugal property, and
(c) Imprescriptibility of action or defense. - An Action or other matters similarly requiring urgent action.
defense for the declaration of absolute nullity of void
(3) It must be verified and accompanied celebration of
marriage shall not prescribe.
marriage. (b) Where to file.-The petition shall be filed in
(d) What to allege. - A petition under Article 36 of Family the Family Court.
Code shall specially allege the complete facts showing
Section 4. Venue. - The petition shall be filed in the
the either or both parties were psychologically
Family Court of the province or city where the petitioner
incapacitated from complying with the essential marital
or the respondent has been residing for at least six
obligations of marriages at the time of the celebration of
months prior to the date of filing, or in the case of a
marriage even if such incapacity becomes manifest only
non-resident respondent, where he may be found in the
after its celebration.
Philippines at the election of the petitioner.
The complete facts should allege the physical
Section 5. Contents and form of petition. - (1) The petition
manifestations, if any, as are indicative of psychological
shall allege the complete facts constituting the cause of
incapacity at the time of the celebration of the marriage
action.
but expert opinion need not be alleged.
(2) it shall state the names and ages of the common
Section 3. Petition for annulment of voidable marriages.
children of the parties and specify the regime governing
- (a) Who may file. - The following persons may file a
their property relations, as well as the properties involved.
petition for annulment of voidable marriage based on any
of the grounds under article 45 of the Family Code and If there is no adequate provision in a written agreement
within the period herein indicated: between the parties, the petitioner may apply for a
provisional order for spousal support, custody and
(1) The contracting party whose parent, or guardian, or
support of common children, visitation rights,
person exercising substitute parental authority did not
give his or her consent, within five years after attaining
other matters similarly requiring urgent action.
the age of twenty-one unless, after attaining the age of
twenty-one, such party freely cohabitated with the other (3) it must be verified and accompanied by a certification
as husband or wife; or the parent, guardian or person against forum shopping. The verification and certification
having legal charge of the contracting party , at any time must be signed personally by me petitioner. No petition
before such party has reached the age of twenty-one; may be filed solely by counsel or through an
attorney-in-fact.
(2) The sane spouse who had no knowledge of the other's
insanity; or by any relative, guardian, or person having If the petitioner is in a foreign country, the verification
legal charge of the insane, at any time before the death of and certification against forum shopping shall be
either party; or by the insane spouse during the a lucid authenticated by the duly authorized officer of the
interval or after regaining sanity, provided that the Philippine embassy or legation, consul general, consul or
petitioner , after coming to reason, has not freely vice-consul or consular agent in said country.
cohabited with the other as husband or wife; (4) it shall be filed in six copies. The petitioner shall serve a
(3) The injured party whose consent was obtained by copy of the petition on the Office of the Solicitor General
fraud, within five years after the discovery of the fraud, and the Office of the City or Provincial Prosecutor, within
provided that said party, with full knowledge of the facts five days from the date of its filing and submit to the
constituting the fraud, has not freely cohabited with the court proof of such service within the same period.
other as husband or wife;


Failure to comply with any of the preceding requirements the receipt thereof by the adverse party at least three
may be a ground for immediate dismissal of the petition. days before the date of pre-trial.
Section 6. Summons. - The service of summons shall be (b) The notice shall be served separately on the parties
governed by Rule 14 of the Rules of Court and by the and their respective counsels as well as on the public
following rules: prosecutor. It shall be their duty to appear personally at
(1) Where the respondent cannot be located at his given the pre-trial.
address or his whereabouts are unknown and cannot be (c) Notice of pre-trial shall be sent to the respondent even
ascertained by diligent inquiry, service of summons may, if he fails to file an answer. In case of summons by
by leave of court, be effected upon him by publication publication and the respondent failed to file his answer,
once a week for two consecutive weeks in a newspaper of notice of pre-trial shall be sent to respondent at his last
general circulation in the Philippines and in such places known address.
as the court may order In addition, a copy of the Section 12. Contents of pre-trial brief. - The pre-trial brief
summons shall be served on the respondent at his last shall contain the following:
known address by registered mail or any other means the
court may deem sufficient. (a) A statement of the willingness of the parties to enter
into agreements as may be allowed by law, indicating the
(2) The summons to be published shall be contained in an desired terms thereof;
order of the court with the following data: (a) title of the
case; (b) docket number; (c) nature of the petition; (d) (b) A concise statement of their respective claims
principal grounds of the petition and the reliefs prayed together with the applicable laws and authorities;
for; and (e) a directive for the respondent to answer within (c) Admitted facts and proposed stipulations of facts, as
thirty days from the last issue of publication. well as the disputed factual and legal issues;
Section 7. Motion to dismiss. - No motion to dismiss the (d) All the evidence to be presented, including expert
petition shall be allowed except on the ground of lack of opinion, if any, briefly stating or describing the nature and
jurisdiction over the subject matter or over the parties; purpose thereof;
provided, however, that any other ground that might
warrant a dismissal of the case may be raised as an (e) The number and names of the witnesses and their
affirmative defense in an answer. respective affidavits; and
Section 8. Answer. - (1) The respondent shall file his (f) Such other matters as the court may require.
answer within fifteen days from service of summons, or Failure to file the pre-trial brief or to comply with its
within thirty days from the last issue of publication in required contents shall have the same effect as failure to
case of service of summons by publication. The answer appear at the pre-trial under the succeeding paragraphs.
must be verified by the respondent himself and not by
counsel or attorney-in-fact. Section 13. Effect of failure to appear at the pre-trial. - {a)
If the petitioner fails to appear personally, the case shall
(2) If the respondent fails to file an answer, the court shall be dismissed unless his counsel or a duly authorized
not declare him or her in default. representative appears in court and proves a valid excuse
(3) Where no answer is filed or if the answer does not for the non-appearance of the petitioner.
tender an issue, the court shall order the public (b) If the respondent has filed his answer but fails to
prosecutor to investigate whether collusion exists appear, the court shall proceed with the pre-trial and
between the parties. require the public prosecutor to investigate the
Section 9. Investigation report of public prosecutor. - (1) non-appearance of the respondent and submit within
Within one month after receipt of the court order fifteen days thereafter a report to the court stating
mentioned in paragraph (3) of Section 8 above, the public whether his non-appearance is due to any collusion
prosecutor shall submit a report to the court stating between the parties. If there Is no collusion, the court
whether the parties are in collusion and serve copies shall require the public prosecutor to intervene for the
thereof on the parties and their respective counsels, if State during the trial on the merits to prevent
any. suppression or fabrication of evidence.
(2) If the public prosecutor finds that collusion exists, he Section 14. Pre-trial conference. -At the pre-trial
shall state the on the finding of collusion within ten days conference, the court:
from receipt of a copy of a report The court shall set the (a) May refer the issues to a mediator who shall assist the
report for hearing and If convinced that the parties are in parties in reaching an agreement on matters not
collusion, it shall dismiss the petition. prohibited by law.
(3) If the public prosecutor reports that no collusion exists, The mediator shall render a report within one month
the court shall set the case for pre-trial. It shall be the from referral which, for good reasons, the court may
duty of the public prosecutor to appear for the State at extend for a period not exceeding one month.
the pre-trial.
(b) In case mediation is not availed of or where it fails, the
Section 10. Social worker. - The court may require a social court shall proceed with the pre-trial conference, on
worker to conduct a case study and submit the which occasion it shall consider the advisability of
corresponding report at least three days before the receiving expert testimony and such other makers as
pre-trial. The court may also require a case study at any may aid in the prompt disposition of the petition.
stage of the case whenever necessary.
Section 15. Pre-trial order. - {a) The proceedings in the
Section 11. Pre-trial. - pre-trial shall be recorded. Upon termination of the
(1) Pre-trial mandatory. - A pre-trial is mandatory. On pre-trial, the court shall Issue a pre-trial order which shall
motion or motu proprio, the court shall set the pre-trial recite in detail the matters taken up In the conference,
after the last pleading has been served and filed, or upon the action taken thereon, the amendments allowed on
receipt of the report of the public prosecutor that no the pleadings, and except as to the ground of declaration
collusion exists between the parties. of nullity or annulment, the agreements or admissions
made by the parties on any of the matters considered,
(2) Notice of pre-trial. - (a) The notice of pre-trial shall including any provisional order that may be necessary or
contain: agreed upon by the parties.
(1) the date of pre-trial conference; and (b) Should the action proceed to trial, the order shall
(2) an order directing the parties to file and serve their contain a recital of the following;
respective pre-trial briefs in such manner as shall ensure (1) Facts undisputed, admitted, and those which need not
be proved subject to Section 16 of this Rule;


(2) Factual and legal issues to be litigated; respondent summoned by publication failed to appear in
(3) Evidence, including objects and documents, that have the action, the dispositive part of the decision shall be
been marked and will be presented; published once in a newspaper of general circulation.
(4) Names of witnesses who will be presented and their (3) The decision becomes final upon the expiration of
testimonies in the form of affidavits; and fifteen days from notice to the parties. Entry of judgment
shall be made if no motion for reconsideration or new
(5) Schedule of the presentation of evidence. trial, or appeal Is filed by any of the parties the public
(c) The pre-trial order shall also contain a directive to the prosecutor, or the Solicitor General.
public prosecutor to appear for the State and take steps (4) Upon the finality of the decision, the court shall
to prevent collusion between the parties at any stage of forthwith issue the corresponding decree if the parties
the proceedings and fabrication or suppression of have no properties.
evidence during the trial on the merits.
If the parties have properties, the court shall observe the
(d) The parties shall not be allowed to raise issues or procedure prescribed in Section 21 of this Rule.
present witnesses and evidence other than those stated
in the pre-trial order. The entry of judgment shall be registered in the Civil
Registry where the marriage was recorded and In the
The order shall control the trial of the case, unless Civil Registry where the Family Court granting the
modified by the court to prevent manifest injustice. petition for declaration of absolute nullity or annulment
(e) The parties shall have five days from receipt of the of marriage is located.
pre-trial order to propose corrections or modifications. Section 20. Appeal. -
Section 16. Prohibited compromise. - The court-shall not (1) Precondition. - No appeal from the decision shall be
allow compromise on prohibited matters, such as the allowed unless the appellant has filed a motion for
following: reconsideration or new trial within fifteen days from
(a) The civil status of persons; notice of judgment.
(b) The validity of a marriage or of a legal separation; (2) Notice of appeal. - An aggrieved party or the Solicitor
General may appeal from the decision by filing a Notice
(c) Any ground for legal separation; of Appeal within fifteen days from notice of denial of the
(d) Future support; motion for reconsideration or new trial. The appellant
shall serve a copy of the notice of appeal on the adverse
(e) The jurisdiction of courts; and parties.
(f) Future legitime. Section 21. Liquidation, partition and distribution,
Section 17. Trial. - (1) The presiding judge shall personally custody, support of common children and delivery of
conduct the trial of the case. No delegation of the their presumptive legitimes. - Upon entry of the
reception of evidence to a commissioner shall be allowed judgment granting the petition, or, in case of appeal,
except as to matters involving property relations of the upon receipt of the entry of judgment of the appellate
spouses. court granting the petition, the Family Court, on motion
(2) The grounds for declaration of absolute nullity or of either party, shall proceed with the liquidation,
annulment of marriage must be proved. No judgment on partition and distribution of the properties of the spouses,
the pleadings, summary judgment, or confession of including custody, support of common children and
judgment shall be allowed. delivery of their presumptive legitimes pursuant to
Articles 50 and 51 of the Family Code unless such matters
(3) The court may order the exclusion from the courtroom had been adjudicated in previous judicial proceedings.
of all persons, including members of the press, who do
not have a direct interest in the case. Such an order may Section 22. Issuance of Decree of Declaration of Absolute
be made if the court determines on the record that Nullity or Annulment of Marriage." (a) The court shall
requiring a party to testify in open court would not issue the Decree after;
enhance the ascertainment of truth; would cause to the (1) Registration of the entry of judgment granting the
party psychological harm or inability to effectively petition for declaration of nullity or annulment of
communicate due to embarrassment, fear, or timidity; marriage in the Civil Registry where the marriage was
would violate the right of a party to privacy; or would be celebrated and in the Civil Registry of the place where the
offensive to decency or public morals. Family Court is located;
(4) No copy shall be taken nor any examination or perusal (2) Registration of the approved partition and distribution
of the records of the case or parts thereof be made by any of the properties of the spouses, in the proper Register of
person other than a party or counsel of a party, except by Deeds where the real properties are located; and
order of the court. (3) The delivery of the children's presumptive legitimes in
Section 18. Memoranda. - The court may require the cash, property, or sound securities.
parties and the public prosecutor, in consultation with (b) The court shall quote in the Decree the dispositive
the Office of the Solicitor General, to file their respective portion of the judgment entered and attach to the
memoranda support of their claims within fifteen days Decree the approved deed of partition.
from the date the trial is terminated. It may require the
Office of the Solicitor General to file its own Except in the case of children under Articles 36 and 53 of
memorandum if the case is of significant interest to the the Family Code, the court shall order the Local Civil
State. No other pleadings or papers may be submitted Registrar to issue an amended birth certificate indicating
without leave of court. After the lapse of the period herein the new civil status of the children affected.
provided, the case will be considered submitted for Section 23. Registration and publication of the decree;
decision, with or without the memoranda. decree as best evidence. - (a) The prevailing party shall
Section 19. Decision. - (1) If the court renders a decision cause the registration of the Decree in the Civil Registry
granting the petition, it shall declare therein that the where the marriage was registered, the Civil Registry of
decree of absolute nullity or decree of annulment shall be the place where the Family Court is situated, and in the
issued by the court only after compliance with Article 50 National Census and Statistics Office. He shall report td
and 51 of the Family Code as implemented under the the court compliance with this requirement within thirty
Rule on Liquidation, Partition and Distribution of days from receipt of the copy of the Decree.
Properties. (b) In case service of summons was made by publication,
(2) The parties, including the Solicitor General and the the parties shall cause the publication of the Decree once
public prosecutor, shall be served with copies of the in a newspaper of general circulation.
decision personally or by registered mail. If the



(c) The registered Decree shall be the best evidence to (3) Be verified and accompanied by a certification against
prove the declaration of absolute nullity or annulment of forum shopping. The verification and certification must
marriage and shall serve as notice to third persons be personally signed by the petitioner. No petition may
concerning the properties of petitioner and respondent be filed solely by counsel or through an attorney-in-fact. If
as well as the properties or presumptive legitimes the petitioner is in a foreign country, the verification and
delivered to their common children. certification against forum shopping shall be
Section 24. Effect of death of a party; duty of the Family authenticated by the duly authorized officer of the
Court or Appellate Court. - (a) In case a party dies at any Philippine embassy or legation, consul general, consul or
stage of the proceedings before the entry of judgment, vice-consul or consular agent in said country
the court shall order the case closed and terminated, (4) Be filed in six copies. The petitioner shall, within five
without prejudice to the settlement of the estate in days from such filing, furnish a copy of the petition to the
proper proceedings in the regular courts. City or Provincial Prosecutor and the creditors, if any, and
(b) If the party dies after the entry of judgment of nullity submit to the court proof of such service within the same
or annulment, the judgment shall be binding upon the period.
parties and their successors in interest in the settlement Failure to comply with the preceding requirements may
of the estate in the regular courts. be a ground for immediate dismissal of the petition.
Section 25. Effectivity. - This Rule shall take effect on (c) Venue. - The petition shall be filed in the Family Court
March 15, 2003 following its publication in a newspaper of of the province or city where the petitioner or the
general circulation not later than March 7, 2003. respondent has been residing for at least six months prior
to the date of filing "or in The case of a non-resident
respondent, where he may be found in the Philippines, at
A.M. No. 02-11-11-SC | RULE ON LEGAL the election of the petitioner.
SEPARATION Section 3. Summons. - The service of summons shall be
governed by Rule 14 of the Rules of Court and by the

following rules:
March 4, 2003
(a) Where the respondent cannot be located at his given
address or his whereabouts are unknown and cannot be
Section 1. Scope. - This Rule shall govern petitions for ascertained by diligent inquiry, service of summons may,
legal separation under the Family Code of the Philippines. by leave of court, be effected upon him by publication
once a week for two consecutive weeks in a newspaper of
The Rules of Court shall apply suppletorily. general circulation in the Philippines and in such place as
Section 2. Petition. - (a) Who may and when to file. - (1) A the court may order. In addition, a copy of the summons
petition for legal separation may be filed only by the shall be served on respondent at his last known address
husband or the wife, as the case may be within five years by registered mail or by any other means the court may
from the time of the occurrence of any of the following deem sufficient.
causes: (b) The summons to be published shall be contained in
(a) Repeated physical violence or grossly abusive conduct an order of the court with the following data; (1) title of
directed against the petitioner, a common child, or a child the case; (2) docket number; (3) nature of the petition; (4)
of the petitioner; principal grounds of the petition and the reliefs prayed
for, and (5) a directive for respondent to answer within
(b) Physical violence or moral pressure to compel the thirty days from the last issue of publication.
petitioner to change religious or political affiliation;
Section 4. Motion to Dismiss. - No motion to dismiss the
(c) Attempt of respondent to corrupt or induce the petition shall be allowed except on the ground of lack of
petitioner, a common child, or a child of the petitioner, to jurisdiction over the subject matter or over the parties;
engage in prostitution, or connivance in such corruption provided, however, that any other ground that might
or inducement; warrant a dismissal of the case may be raised as an
(d) Final judgment sentencing the respondent to affirmative defense in an answer.
imprisonment of more than six years, even if pardoned; Section 5. Answer. - (a) The respondent shall file his
(e) Drug addiction or habitual alcoholism of the answer within fifteen days from receipt of summons, or
respondent; within thirty days from the last issue of publication in
case of service of summons by publication. The answer
(f) Lesbianism or homosexuality of the respondent;
must be verified by respondent himself and not by
(g) Contracting by the respondent of a subsequent counsel or attorney-in-fact.
bigamous marriage, whether in or outside the
(b) If the respondent fails to file an answer, the court shall
Philippines;
not declare him in default.
(h) Sexual infidelity or perversion of the respondent;
(c) Where no answer is filed/or if the answer does not
(i) Attempt on the life of petitioner by the respondent; or tender an issue the court shall order the public
(j) Abandonment of petitioner by respondent without prosecutor to investigate whether collusion exists
justifiable cause for more than one year. between the parties.
(b) Contents and form. - The petition for legal separation Section 6. Investigation Report of Public Prosecutor. - (a)
shall: Within one one month after receipt of the court order
mentioned in paragraph (c) of the preceding section, the
(1) Allege the complete facts constituting the cause of public prosecutor shall submit a report to the court on
action. whether the parties are in collusion and serve copies on
(2) State the names and ages of the common children of the parties and their respective counsels, if any.
the parties, specify the regime governing their property (b) If the public prosecutor finds that collusion exists, he
relations, the properties involved, and creditors, if any. If shall state the basis thereof in his report. The parties shall
there is no adequate provision in a written agreement file their respective comments on the finding of collusion
between the parties, the petitioner may apply for a within ten days from receipt of copy of the report. The
provisional order for spousal support, custody and court shall set the report for hearing and if convinced that
support of common children, visitation rights, parties are in collusion,-it shall dismiss the petition.
other similar matters requiring urgent action, (c) If the public prosecutor reports that no collusion exists,
the court shall set the case for pre-trial. It shall be the


duty of the public prosecutor to appear for the State at which occasion it shall consider the advisability of
the pre-trial. receiving expert testimony and such other matters as
Section 7. Social Worker. - The court may require a social may aid in the prompt disposition of the petition.
worker to conduct a case study and to submit the Section 12. Pre-trial order. - (a) The proceedings in the
corresponding report at least three days before the pre-trial shall be recorded. Upon termination of the
pre-trial. The court may also require a case study at any pre-trial, the court shall issue a pre-trial order which shall
stage of the case whenever necessary, recite in detail the matters taken up in the conference,
Section 8. Pre-trial. - the action taken thereon, the amendments allowed on
the pleadings, and, except as to the ground of legal
(a) Pre-trial mandatory.-A pre-trial is mandatory. On separation, the agreements or admissions made by the
motion or motu proprio, the court shall set the pre-trial parties on any of the matters considered, including any
after the last pleading has been served and filed, or upon provisional order that may be necessary or agreed upon
receipt of the report of the public prosecutor that no by the parties.
collusion exists between the parties on a date not earlier
than six months from date of the filing of the petition. (b) Should the action proceed to trial, the order shall
contain a recital of the following:
(b) Notice of Pre-trial.-(1) The notice of pre-trial shall
contain: (1) Facts undisputed, admitted, and those which need not
be proved subject to Section 13 of this Rule;
(a) the date of pre-trial conference; and
(2) Factual and legal issues to be litigated;
(b) an order directing the parties to file and serve their
respective pre-trial briefs in such manner as shall ensure (3) Evidence, including objects and documents, that have
the receipt thereof by the adverse party at least three been marked and will be presented;
days before the date of pre-trial. (4) Names of witnesses who will be presented and their
(2) The notice shall be served separately on the parties testimonies in the form of affidavits; and
and their respective counsels as well as on the public (5) Schedule of the presentation of evidence.
prosecutor. It shall be their duty to appear personally at The pre-trial order shall also contain a directive to the
the pre-trial. public prosecutor to appear for the State and take steps
(3) Notice of pre-trial shall be sent to the respondent even to prevent collusion between the parties at any stage of
if he fails to file an answer. In case of summons by the proceedings and fabrication or suppression of
publication and the respondent failed to file his answer, evidence during the trial on the merits.
notice of pre-trial shall be sent to respondent at his last (c) The parties shall not be allowed to raise issues or
known address. present witnesses and evidence other than those stated
Section 9. Contents of pre-trial brief. - The pre-trial brief in the pre-trial order. The order shall control the trial of
shall contain the following: the case unless modified by the court to prevent manifest
(1) A statement of the willingness of the parties to enter injustice.
into agreements as may be allowed by law, indicating the (d) The parties shall have five days from receipt of the
desired terms thereof; pre-trial order to propose corrections or modifications.
(2) A concise statement of their respective claims Section 13. Prohibited compromise. - The court shall not
together with the applicable laws and authorities; allow compromise on prohibited matters, such as the
(3) Admitted facts and proposed stipulations of facts, as following:
well as the disputed factual and legal issues; (1) The civil status of persons;
(4) All the evidence to be presented, including expert (2) The validity of a marriage or of a legal separation;
opinion, if any, briefly stating or describing the nature and (3) Any ground for legal separation;
purpose thereof;
(4) Future support;
(5) The number and names of the witnesses and their
respective affidavits; and (5) The jurisdiction of courts; and
(6) Such other matters as the court may require. (6) Future legitime.
Failure to file the pre-trial brief or to comply with its Section 14. Trial. - (a) The presiding judge shall personally
required contents shall have the same effect as failure to conduct the trial of the case. No delegation of the
appear at the pre-trial under the succeeding section. reception of evidence to a commissioner shall be allowed
except as to matters involving property relations of the
Section 10. Effect of failure to appear at the pre-trial. - (1) spouses.
If the petitioner fails to appear personally, the case shall
be dismissed unless his counsel or a duly authorized (b) The grounds for legal separation must be proved. No
representative appears in court and proves a valid excuse judgment on the pleadings, summary judgment, or
for the non-appearance of the petitioner. confession of judgment shall be allowed.
(2) If the respondent filed his answer but fails to appear, (c) The court may order the exclusion from the courtroom
the court shall proceed with the pre-trial and require the of all persons, including members of the press, who do
public prosecutor to investigate the non-appearance of not have a direct interest in the case. Such an order may
the respondent and submit within fifteen days a report to be made if the court determines on the record that
the court stating whether his non-appearance is due to requiring a party to testify in open court would not
any collusion between the parties/ If there is no collusion enhance the ascertainment of truth; would cause to the
the court shall require the public prosecutor to intervene party psychological harm or inability to effectively
for the State during the trial on the.merits to prevent communicate due to embarrassment, fear, or timidity;
suppression or fabrication of evidence. would violate the party's right to privacy; or would be
offensive to decency
Section 11. Pre-trial conference. - At the pre-trial
conference, the court may refer the issues to a mediator (d) No copy shall be taken nor any examination or perusal
who shall assist the parties in reaching an agreement on of the records of the case or parts thereof be made by any
matters not prohibited by law. person other than a party or counsel of a party, except by
order of the court.
The mediator shall render a report within one month
from referral which, for good reasons, the court may Section 15. Memoranda. - The court may require the
extend for a period not exceeding one month. parties and the public prosecutor to file their respective
memoranda in support of their claims within fifteen days
In case mediation is not availed of or where it fails, the from the date the trial is terminated. No other pleadings
court shall proceed with the pre-trial conference, on



or papers may be submitted without leave of court. After (2) registration of the approved partition and distribution
the lapse of the period herein provided, the case will be of the properties of the spouses, in the proper Register of
considered submitted for decision, with or without the Deeds where the real properties are located.
memoranda. (b) The court shall quote in the Decree the dispositive
Section 16. Decision. - (a) The court shall deny the petition portion of the judgment entered and attach to the
on any of the following grounds: Decree the approved deed of partition.
(1) The aggrieved party has condoned the offense or act Section 20. Registration and publication of the Decree of
complained of or has consented to the commission of the Legal Separation; decree as best evidence. -
offense or act complained of; (a) Registration of decree.-The prevailing party shall cause
(2) There is connivance in the commission of the the registration of the Decree in the Civil Registry where
offense-or act constituting the ground for legal the marriage was registered, in the Civil Registry of the
separation; place where the Family Court is situated, and in the
(3) Both parties have given ground for legal separation; National Census and Statistics Office. He shall report to
the court compliance with this requirement within thirty
(4) There is collusion between the parties to obtain the days iron receipt of the copy of the Decree.
decree of legal separation; or
(b) Publication of decree.-- In case service of summons
(5) The action is barred by prescription. was made by publication, the parties shall cause the
(b) If the court renders a decision granting the petition, it publication of the Decree once in a newspaper of general
shall declare therein that the Decree of Legal Separation circulation.
shall be issued by the court only after full compliance (c) Best evidence.-The registered Decree shall be the best
with liquidation under the Family Code. evidence to prove the legal separation of the parties and
However, in the absence of any property of.the parties, shall serve as notice to third persons concerning the
the court shall forthwith issue a Decree of Legal properties of petitioner and respondent.
Separation which shall be registered in the Civil Registry Section 21. Effect of death of a party; duty of the Family
where the marriage was recorded and in the Civil Court or Appellate Court. - (a) In case a party dies at any
Registry where the Family Court granting the legal stage of me proceedings before the entry of judgment,
separation is located. the court shall order the case closed and terminated
(c) The decision shall likewise declare that: without prejudice to the settlement of estate proper
proceedings in the regular courts.
(1) The spouses are entitled to live separately from each
other but the marriage bond is not severed; (b) If the party dies after the entry of judgment, the same
shall be binding upon the parties and their successors in
(2) The obligation of mutual support between the interest in the settlement of the estate in the regular
spouses ceases; and courts.
(3) The offending spouse is disqualified from inheriting Section 22. Petition for revocation of donations. - (a)
from the innocent spouse by intestate succession, and Within five (5) years from the date the decision granting
provisions in favor of the offending spouse made in the the petition for legal separation has become final, the
will of the innocent spouse are revoked by operation of innocent spouse may file a petition under oath the same
law. proceeding for legal separation to revoke the donations in
(d) The parties, including the Solicitor General and the favor of the offending spouse.
public prosecutor, shall be served with copies of the (b)The revocation of the donations shall be recorded in
decision personally or by registered mail. If the the Register of Deeds of Deeds in the places where the
respondent summoned by publication failed to appear in properties are located.
the action, the dispositive part of the decision shall also
be published once in a newspaper of general circulation. (c)Alienations, liens, and encumbrances registered in
good faith. before the recording of the petition for
Section 17. Appeal. - revocation in the registries of property shall be respected.
(a) Pre-condition. - No appeal from the decision shall be (d)After the issuance of the Decree of Legal Separation,
allowed unless the appellant has filed a motion for the innocent spouse may revoke the designation of the
reconsideration or new trial within fifteen days from offending spouse as a beneficiary in any insurance policy
notice of judgment. even if such designation be stipulated as irrevocable. The
(b) Notice of Appeal - An aggrieved party or the Solicitor revocation or change shall take effect upon written
General may appeal from the decision by filing a Notice notification thereof to the insurer.
of Appeal within fifteen days from notice of denial of the Section 23. Decree of Reconciliation. - (a) If the spouses
motion for reconsideration or new trial. The appellant had reconciled, a joint manifestation under oath, duly
shall serve a copy of the notice of appeal upon the signed by the spouses, may be filed in the same
adverse parties. proceeding for legal separation.
Section 18. Liquidation, partition and distribution, (b) If the reconciliation occurred while the proceeding for
custody, and support of minor children. - Upon entry of legal separation is pending, the court shall immediately
the judgment granting the petition, or, in case of appeal, issue an order terminating the proceeding.
upon receipt of the entry of judgment of the appellate
court granting the petition, the Family Court, on motion (c) If the reconciliation occurred after the rendition of the
of either party, shall proceed with the liquidation, judgment granting the petition for legal separation but
partition and distribution of the properties of the spouses, before the issuance of the Decree, the spouses shall
including custody and support of common children, express in their manifestation whether or not they agree
under the Family Code unless such matters had been to revive the former regime of their property relations or
adjudicated in previous judicial proceedings. choose a new regime.
Section 19. Issuance of Decree of Legal Separation. - (a) The court shall immediately issue a Decree of
The court shall issue the Decree of Legal Separation after: Reconciliation declaring that the legal separation
proceeding is set aside and specifying the regime of
(1) registration of the entry of judgment granting the property relations under which the spouses shall be
petition for legal separation in the Civil Registry where covered.
the marriage was celebrated and in the Civil Registry
where the Family Court is located; and (d) If the spouses reconciled after the issuance of the
Decree, the court, upon proper motion, shall issue a
decree of reconciliation declaring therein that the Decree
is set aside but the separation of property and any



forfeiture of the share of the guilty spouse already (c) The court may likewise consider the following factors:
effected subsists, unless the spouses have agreed to (1) whether the spouse seeking support is the custodian
revive their former regime of property relations or adopt a of a child whose circumstances make it appropriate for
new regime. that spouse not to seek outside employment; (2) the time
(e) In case of paragraphs (b), (c), and (d). if the reconciled necessary to acquire sufficient education and training to
spouses choose to adopt a regime of property relations enable the spouse seeking support to find appropriate
different from that which they had prior to the filing of employment, and that spouse's future earning capacity;
the petition for legal separation, the spouses shall comply (3) the-duration of the marriage; (4) the comparative
with Section 24 hereof. financial resources of the spouses, including their
comparative earning abilities in the labor market; (5) the
(f) The decree of reconciliation shall be recorded in the needs and obligations of each spouse; (6) the
Civil Registries where the marriage and the Decree had contribution of each spouse to the marriage, including
been registered. services rendered in home-making, child care, education,
Section 24. Revival of property regime or adoption of and career building of the other spouse; (7) the age and
another. - health of the spouses; (8) the physical and emotional
conditions of the spouses; (9) the ability of the supporting
(a) In case of reconciliation under Section 23, paragraph spouse to give support, taking into account that spouse's
(c) above, the parties shall file a verified motion for revival earning capacity, earned and unearned income, assets,
of regime of property relations or the adoption of another and standard of living; and (10) any other factor the court
regime of property relations in the same proceeding for may deem just and equitable.
legal separation attaching to said motion their
agreement for the approval of the court. (d) The Family Court may direct the deduction of the
provisional support from the salary of the spouse.
(b) The agreement which shall be verified shall specify
the following: Section 3. Child Support. - The common children of the
spouses shall be supported from the properties of the
(1) The properties to be contributed to the restored or new absolute community or the conjugal partnership.
regime;
Subject to the sound discretion of the court, either parent
(2) Those to be retained as separate properties of each or both may be ordered to give an amount necessary for
spouse; and the support, maintenance, and education of the child. It
(3) The names of all their known creditors, their addresses, shall be in proportion to the resources or means of the
and the amounts owing to each. giver and to the necessities of the recipient.
(c) The creditors shall be furnished with copies of the In determining the amount of provisional support, the
motion and the agreement. court may likewise consider the following factors: (1) the
financial resources of the custodial and non-custodial
(d) The court shall require the spouses to cause the parent and those of the child; (2) the physical and
publication of their verified motion for two consecutive emotional health of the child and his or her special needs
weeks in a newspaper of general circulation. and aptitudes; (3) the standard of living the child has
(e) After due hearing, and the court decides to grant the been accustomed to; (4) the non-monetary contributions
motion, it shall issue an order directing the parties to that the parents will make toward the care and
record the order in the proper registries of property well-being of the child.
within thirty days from receipt of a copy of the order and The Family Court may direct the deduction of the
submit proof of compliance within the same period. provisional support from the salary of the parent.
Section 25. Effectivity. - This Rule shall take effect on Section 4. Child Custody. - In determining the right party
March 15,2003 following its publication in a newspaper of or person to whom the custody of the child of the parties
general circulation not later than March 7, 2003. may be awarded pending the petition, the court shall
consider the best interests of the child and shall give
paramount consideration to the material and moral
A.M. No. 02-11-12-SC | RULE ON PROVISIONAL welfare of the child.
ORDERS The court may likewise consider the following factors: (a)
the agreement of the parties; (b) the desire and ability of
each parent to foster an open and loving relationship
March 4, 2003
between the child and the other parent; (c) the child's
health, safety, and welfare; (d) any history of child or
Section 1. When Issued, - Upon receipt of a verified spousal abase by the person seeking custody or who has
petition for declaration of absolute nullity of void had any filial relationship with the child, including anyone
marriage or for annulment of voidable marriage, or for courting the parent; (e) the nature and frequency of
legal separation, and at any time during the proceeding, contact with both parents; (f) habitual use of alcohol or
the court, motu proprio or upon application under oath of regulated substances; (g) marital misconduct; (h) the
any of the parties, guardian or designated custodian, may most suitable physical, emotional, spiritual, psychological
issue provisional orders and protection orders with or and educational environment; and (i) the preference of
without a hearing. These orders may be enforced the child, if over seven years of age and of sufficient
immediately, with or without a bond, and for such period discernment, unless the parent chosen is unfit.
and under such terms" and conditions as the court may The court may award provisional custody in the following
deem necessary. order of preference: (1) to both parents jointly; (2) to either
Section 2. Spousal Support. - In determining support for parent taking into account all relevant considerations
the spouses, the court may be guided by the following under the foregoing paragraph, especially the choice of
rules: the child over seven years of age, unless the parent
chosen is unfit; (3} to the surviving grandparent, or if
(a) In the absence of adequate provisions in a written there are several of them, to the grandparent chosen by
agreement between the spouses, the spouses may be the child over seven years of age and of sufficient
supported from the properties of the absolute discernment, unless the grandparent is unfit or
community or the conjugal partnership. disqualified; (4) to the eldest brother or sister over
(b) The court may award support to either spouse in such twenty-one years of age, unless he or she is unfit or
amount and for such period of time as the court may disqualified; (5) to the child's actual custodian over
deem just and reasonable based on their standard of twenty-one years of age, unless unfit or disqualified; or (6)
living during the marriage. to any other person deemed by the court suitable to
provide proper care and guidance for the child.


The custodian temporarily designated by the" court shall The receiver or administrator may not dispose of or
give the court and the parents five days notice of any encumber any common property or specific separate
plan to change the residence of the child or take him out property of either spouse without prior authority of the
of his residence for more than three days provided it does court.
not prejudice the visitation rights of the parents. The provisional order issued by the court shall be
Section 5. Visitation Rights. - Appropriate visitation rights registered in the proper Register of Deeds and annotated
shall be provided to the parent who is not awarded in all titles of properties subject of the receivership or
provisional custody unless found unfit or disqualified by administration.
the court. . Section 9. Effectivity. - This Rule shall take effect on
Section 6. Hold Departure Order. - Pending resolution of March 15, 2003 following its publication in a newspaper of
the petition, no child of the parties shall be brought out of general circulation not later than March 7, 2003.
the country without prior order from the court.
The court, motu proprio or upon application under oath,
may issue ex-parte a hold departure order, addressed to A.M. No. 03-04-04-SC | RULE ON CUSTODY OF
the Bureau of Immigration and Deportation, directing it MINORS AND WRIT OF HABEAS CORPUS IN
not to allow the departure of the child from the RELATION TO CUSTODY OF MINORS
Philippines without the permission of the court.

The Family Court issuing the hold departure order shall
furnish the Department of Foreign Affairs and the Bureau April 22, 2003
of Immigration and Deportation of the Department of
Justice a copy of the hold departure order issued within
twenty-four hours from the time of its issuance and SECTION 1. Applicability. - This rule shall apply to
through the fastest available means of transmittal. petitions for custody of minors and writs of habeas corpus
in relation thereto.
The hold-departure order shall contain the following
information: The Rules of Court shall apply suppletorily.
(a) the complete name (including the middle name), the Section 2. Petition for custody of minors; who may
date and place of birth, and the place of last residence of file.- A verified petition for the rightful custody of a minor
the person against whom a hold-departure order has may be filed by any person claiming such right. The party
been issued or whose departure from the country has against whom it may be filed shall be designated as the
been enjoined; respondent.
(b) the complete title and docket number of the case in Section 3. Where to file petition. - The petition for
which the hold departure was issued; custody of minors shall be filed with the Family Court of
the province or city where the petitioner resides or where
(c) the specific nature of the case; and the minor may be found.
(d) the date of the hold-departure order. Section 4. Contents of petition. - The verified petition
If available, a recent photograph of the person against shall allege the following:
whom a hold-departure order has been issued or whose (a) The personal circumstances of the petitioner and of
departure from the country has been enjoined should the respondent;
also be included.
(b) The name, age and present whereabouts of the minor
The court may recall the order. motu proprio or upon and his or her relationship to the petitioner and the
verified motion of any of the parties after summary respondent;
hearing, subject to such terms and conditions as may be
necessary for the best interests of the child. (c) The material operative facts constituting deprivation of
custody; and
Section 7. Order of Protection. - The court may issue an
Order of Protection requiring any person: (d) Such other matters which are relevant to the custody
of the minor.
(a) to stay away from the home, school, business, or place
of employment of the child, other parent or any other The verified petition shall be accompanied by a certificate
party, and to stay away from any other specific place against forum shopping, which the petitioner must sign
designated by the court; personally.
(b) to refrain from harassing, intimidating, or threatening Section 5. Summons; personal service on respondent. -
such child or the other parent or any person to whom If the court is satisfied that the petition is sufficient in
custody of the child is awarded; form and substance, it shall direct the clerk of court to
issue summons, which shall be served together with a
(c) to refrain from acts of commission or omission that copy of the petition personally on the respondent.
create an unreasonable risk to the health, safety, or
welfare of the child; Section 6. Motion to Dismiss. - A motion to dismiss the
petition is not allowed except on the ground of lack of
(d) to permit a parent, or a person entitled to visitation by jurisdiction over the subject matter or over the parties.
a court order or a separation agreement, to visit the child Any other ground that might warrant the dismissal of the
at stated periods; petition may be raised as an affirmative defense in the
(e) to permit a designated party to enter the residence answer.
during a specified period of time in order to take persona! Section 7. Verified Answer. - The respondent shall file an
belongings not contested in a proceeding pending with answer to the petition, personally verified by him, within
the Family Court; five days after service of summons and a copy of the
(f) to comply with such other orders as are necessary for petition.
the protection of the child. Section 8. Case study; duty of social worker. - Upon the
Section 8. Administration of Common Property. - If a filing of the verified answer or the expiration of the period
spouse without just cause abandons the other or-fails to to file it, the court may order a social worker to make a
comply with his or her obligations to the family, the court case study of the minor and the parties and to submit a
may, upon application of the aggrieved party under oath, report and recommendation to the court at least three
issue a provisional order appointing the applicant or a days before the scheduled pre-trial.
third person as receiver or sole administrator of the Section 9. Notice of mandatory pre-trial. - Within
common property subject to such precautionary fifteen days after the filing of the answer or the expiration
conditions it may impose. of the period to file answer, the court shall issue an order:


(1) fixing a date for the pre-trial conference; (2) directing Section 14. Factors to consider in determining custody.
the parties to file and serve their respective pre-trial briefs - In awarding custody, the court shall consider the best
in such manner as shall ensure receipt thereof by the interests of the minor and shall give paramount
adverse party at least three days before the date of consideration to his material and moral welfare. The best
pre-trial; and (3) requiring the respondent to present the interests of the minor refer to the totality of the
minor before the court. circumstances and conditions as are most congenial to
The notice of its order shall be served separately on both the survival, protection, and feelings of security of the
the parties and their respective counsels. The pre-trial is minor encouraging to his physical, psychological and
mandatory. emotional development. It also means the least
detrimental available alternative for safeguarding the
Section 10. Contents of pre-trial brief. - The pre-trial growth and development of the minor.
brief shall contain the following:
The court shall also consider the following:
(a) A statement of the willingness of the parties to enter
into agreements that may be allowed by law, indicating (a) Any extrajudicial agreement which the parties may
its terms; have bound themselves to comply with respecting the
rights of the minor to maintain direct contact with the
(b) A concise statement of their respective claims non custodial parent on a regular basis, except when
together with the applicable laws and authorities; there is an existing threat or danger of physical, mental,
(c) Admitted facts and proposed stipulations of facts; sexual or emotional violence which endangers the safety
and best interests of the minor;
(d) The disputed factual and legal issues;
(b) The desire and ability of one parent to foster an open
(e) All the evidence to be presented, briefly stating or and loving relationship between the minor and the other
describing its nature and purpose; parent;
(f) The number and names of the witnesses and their (c) The health, safety and welfare of the minor;
respective affidavits which shall serve as the affiant's
testimony on direct examination; and (d) Any history of child or spousal abuse by the person
seeking custody or who has had any filial relationship
(g) Such other matters as the court may require to be with the minor, including anyone courting the parent;
included in the pre-trial brief.
(e) The nature and frequency of contact with both
Failure to file the pre-trial brief or to comply with its parents;
required contents shall have the same effect as failure to
appear at the pre-trial. (f) Habitual use of alcohol, dangerous drugs or regulated
substances;
Section 11. Effect of failure to appear at the
pre-trial.-(a) If the petitioner fails to appear personally at (g) Marital misconduct;
the pre-trial, the case shall be dismissed, unless his (h) The most suitable physical, emotional, spiritual,
counsel or a duly authorized representative appears in psychological and educational environment for the
court and proves a valid excuse for the non-appearance of holistic development and growth of the minor; and
the petitioner.
(i) The preference of the minor over seven years of age
(b) If the respondent has filed his answer but fails to and of sufficient discernment, unless the parent chosen is
appear at the pre-trial, the petitioner shall be allowed to unfit.
present his evidence ex parte. The court shall then render
judgment on the basis of the pleadings and the evidence Section 15. Temporary visitation rights. - The court shall
thus presented. provide in its order awarding provisional custody
appropriate visitation rights to the non-custodial parent
Section 12. What may be done at pre-trial. - At the or parents, unless the court finds said parent or parents
pre-trial, the parties may agree on the custody of the unfit or disqualified.
minor. If the parties fail to agree, the court may refer the
matter to a mediator who shall have five days to effect an The temporary custodian shall give the court and non
agreement between the parties. If the issue is not settled custodial parent or parents at least five days' notice of any
through mediation, the court shall proceed with the plan to change the residence of the minor or take him
pre-trial conference, on which occasion it shall consider out of his residence for more than three days provided it
such other matters as may aid in the prompt disposition does not prejudice the visitation rights of the
of the petition. non-custodial parent or parents.
Section 13. Provisional order awarding custody. - After Section 16. Hold Departure Order. - The minor child
an answer has been filed or after expiration of the period subject of the petition shall not be brought out of the
to file it, the court may issue a provisional order awarding country without prior order from the court while the
custody of the minor. As far as practicable, the following petition is pending.
order of preference shall be observed in the award of The court, motu proprio or upon application under oath,
custody: may issue ex parte a hold departure order, addressed to
(a) Both parents jointly; the Bureau of Immigration and Deportation, directing it
not to allow the departure of the minor from the
(b) Either parent, taking into account all relevant Philippines without the permission of the court.
considerations, especially the choice of the minor over
seven years of age and of sufficient discernment, unless The Family Court issuing the hold departure order shall
the parent chosen is unfit; furnish the Department of Foreign Affairs and the Bureau
of Immigration and Deportation of the Department of
(c) The grandparent, or if there are several grandparents, Justice a copy of the hold departure order within
the grandparent chosen by the minor over seven years of twenty-four hours from its issuance and through the
age and of sufficient discernment, unless the fastest available means of transmittal.
grandparent chosen is unfit or disqualified;
The hold departure order shall contain the following
(d) The eldest brother or sister over twenty-one years of information:
age, unless he or she is unfit or disqualified;
(a) The complete name (including the middle name), the
(e) The actual custodian of the minor over twenty-one date and place of birth, the nationality and the place of
years of age, unless the former is unfit or disqualified; or last residence of the person against whom a hold
(f) Any other person or institution the court may deem departure order has been issued or whose departure
suitable to provide proper care and guidance for the from the country has been enjoined;
minor.


(b) The complete title and docket number of the case in However, the petition may be filed with the regular court
which the hold departure order was issued; in the absence of the presiding judge of the Family Court,
(c) The specific nature of the case; provided, however, that the regular court shall refer the
case to the Family Court as soon as its presiding judge
(d) The date of the hold departure order; and returns to duty.
(e) A recent photograph, if available, of the party against The petition may also be filed with the appropriate
whom a hold departure order has been issued or whose regular courts in places where there are no Family Courts.
departure from the country has been enjoined.
The writ issued by the Family Court or the regular court
The court may recall the hold departure order motu shall be enforceable in the judicial region where they
proprio, or upon verified motion of any of the parties after belong.
summary hearing, subject to such terms and conditions
as may be necessary for the best interests of the minor. The petition may likewise be filed with the Supreme
Court, Court of Appeals, or with any of its members and, if
Section 17. Protection Order. - The court may issue a so granted, the writ shall be enforceable anywhere in the
Protection Order requiring any person: Philippines. The writ may be made returnable to a Family
(a) To stay away from the home, school, business, or place Court or to any regular court within the region where the
of employment of the minor, other parent or any other petitioner resides or where the minor may be found for
party, or from any other specific place designated by the hearing and decision on the merits.
court; Upon return of the writ, the court shall decide the issue
(b) To cease and desist from harassing, intimidating, or on custody of minors. The appellate court, or the member
threatening such minor or the other parent or any person thereof, issuing the writ shall be furnished a copy of the
to whom custody of the minor is awarded; decision.
(c) To refrain from acts of commission or omission that Section 21. Confidentiality of proceedings. - The
create an unreasonable risk to the health, safety, or hearings on custody of minors may, at the discretion of
welfare of the minor; the court, be closed to the public and the records of the
case shall not be released to non-parties without its
(d) To permit a parent, or a party entitled to visitation by a approval.
court order or a separation agreement, to visit the minor
at stated periods; Section 22. Effectivity. - This Rule shall take effect on May
15, 2003 following its publication in a newspaper of
(e) To permit a designated party to enter the residence general circulation not later than April 30, 2003.
during a specified period of time in order to take personal
belongings not contested in a proceeding pending with
the Family Court; and A.M. No. 02-1-06-SC | RULE ON SEARCH AND
(f) To comply with such other orders as are necessary for SEIZURE IN CIVIL ACTIONS FOR
the protection of the minor.
INFRINGEMENT OF INTELLECTUAL PROPERTY
Section 18. Judgment. - After trial, the court shall render
judgment awarding the custody of the minor to the
RIGHTS
proper party considering the best interests of the minor.
If it appears that both parties are unfit to have the care January 30, 2002
and custody of the minor, the court may designate either

the paternal or maternal grandparent of the minor, or his
oldest brother or sister, or any reputable person to take Section 1. Coverage. - This Rule shall govern the
charge of such minor, or commit him to any suitable provisional seizure and impounding of documents and
home for children. articles in pending and intended civil actions for the
purpose of preventing infringement and preserving
In its judgment, the court may order either or both
relevant evidence in regard to alleged infringement
parents to give an amount necessary for the support,
under Republic Act No. 8293, otherwise known as the
maintenance and education of the minor, irrespective of
Intellectual property Code of the Philippines, Article 50 of
who may be its custodian. In determining the amount of
the Agreement on Trade Related Aspects of intellectual
support, the court may consider the following factors: (1)
Property Rights, otherwise known as TRIPS and other
the financial resources of the custodial and non-custodial
related laws and international conventions.
parent and those of the minor; (2) the physical and
emotional health, special needs, and aptitude of the Section 2. The writ of search and seizure. - Where any
minor; (3) the standard of living the minor has been delay is likely to cause irreparable harm to the intellectual
accustomed to; and (4) the non-monetary contributions property right holder or where there is demonstrable risk
that the parents would make toward the care and of evidence being destroyed, the intellectual property
well-being of the minor. right holder or his duly authorized representative in a
pending civil action for infringement or who intends to
The court may also issue any order that is just and
commence such an action may apply ex parte for the
reasonable permitting the parent who is deprived of the
issuance of a writ of search and seizure directing the
care and custody of the minor to visit or have temporary
alleged infringing defendant or expected adverse party to
custody.
admit into his premises the persons named in the order
Section 19. Appeal. - No appeal from the decision shall and to allow the search, inspection, copying,
be allowed unless the appellant has filed a motion for photographing, audio and audiovisual recording or
reconsideration or new trial within fifteen days from seizure of any document and article specified in the
notice of judgment. order.
An aggrieved party may appeal from the decision by Section 3. Where application filed. - The application shall
filing a Notice of Appeal within fifteen days from notice of be filed with any of the Regional Trial Courts of the
the denial of the motion for reconsideration or new trial judicial region designated to try violations of intellectual
and serving a copy thereof on the adverse parties. property rights stationed at the place where the alleged
Section 20. Petition for writ of habeas corpus. - A violation occurred or is to occur, or me place to be
verified petition for a writ of habeas corpus involving searched, at the election of the applicant. Provided,
custody of minors shall be filed with the Family Court. however, that where the complaint for infringement has
The writ shall be enforceable within its judicial region to already been filed, the application shall be made in the
which the Family Court belongs. court where the case is rending.
Section 4. Verified application and affidavits. - The
applicant shall file a verified application alleging the



ground upon which it is based and the specific charge or in control of the premises or residing or
description and location of the documents and articles to working therein to permit the persons named in the writ
be searched, inspected, copied or seized and their value. to enter into the premises for the purpose of searching,
It shall also state the names of the applicant, his inspecting, copying, or removing from the premises and
representative, witnesses and counsel who will attend the transferring to the custody of the sheriff and subject to
search in the event that the application is granted. The the control of the court the subject documents and
application shall be supported by affidavits of witnesses articles;
who personally know the facts and by authenticated or (b) an order to the alleged infringing defendant, expected
certified documents. adverse party or to the person in charge or in control of
The application shall contain a certification against forum the premises to disclose to the sheriff serving the writ the
shopping as prescribed by Section 5, Rule 7 of the 1997 location of the documents and articles subject of the writ;
Rules of Civil Procedure. (c) the period when the writ shall be enforced which in no
The applicant shall undertake in his application that he case shall be more than ten (10) days from the date of
will not use any of the documents, articles or information issuance by the court;
obtained by reason of the search and seizure for any (d) the names of the applicant or his agent or
purpose other than in the action in which the writ is representative and the Commissioner who shall supervise
issued. the enforcement of the writ; and
Section 5. Examination of applicant; record; (e) other terms and conditions that will insure the proper
confidentiality of proceedings. - The application shall be execution of the writ with due regard to the rights of the
acted upon within twenty-four (24) hours from its filing; alleged infringing defendant or expected adverse party.
The judge must, before issuing the writ, examine in the
form of searching questions and answers, in writing and It shall also contain a warning that violation of any of the
under oath or affirmation, the applicant and the terms and conditions of the writ shall constitute
witnesses he may produce on facts personally known to contempt of court.
them. The examination of the applicant and his witnesses Section 9. Bond and its conditions. - The applicant shall
shall be recorded. Their sworn statements and their be required to post a cash bond, surety bond or other
affidavits shall form part of the record of the case. equivalent security executed in favor of the defendant or
The hearing on the application for the writ shall be held in expected adverse party in a reasonable amount to be
the chambers of the judge. Court personnel shall fixed by me court in its order granting me issuance of a
maintain the confidentiality of the application writ of search and seizure. The bond shall be conditioned
proceeding. on the undertaking of the applicant that he will pay all
the costs which may be adjudged to defendant or
The court may require the applicant to give other expected adverse party and all damages which me latter
information necessary for the identification of the articles may sustain by reason of me issuance of the writ.
and documents to be searched, inspected, copied or
seized and the premises to be searched. Where feasible, it Section 10. When writ shall be served. - The writ shall be
may direct the applicant to submit copies and served only on weekdays and from 8 o'clock in the
photographs of the documents or articles to be seized morning to 5 o'clock in the afternoon. However, the court
and impounded. may direct that the writ be served on any day and any
time for compelling reasons stated in the application and
Section 6. Grounds for the issuance of the order. - Before duly proved.
the Order can be issued, the evidence proffered by the
applicant and personally evaluated by the judge must Section 11. To whom writ shall be served. - The writ shall
show that: be served on the alleged infringing defendant or
expected adverse party in the place to be searched.
(a) the applicant is the right holder or his duly authorized
representative; If the alleged infringing defendant or expected adverse
party cannot be found in the premises, the writ shall be
(b) there is probable cause to believe that the applicant's served on his agent or representative. In the absence of
right is being infringed or that such infringement is an agent or representative, it shall be served on the
imminent and there is a prima facie case for final relief person in charge or in control of the premises, or residing
against the alleged infringing defendant or expected or working therein who is of sufficient age and discretion.
adverse party; If such person is absent, the sheriff or proper officer shall
(c) damage, potential or actual, likely to be caused to the post the papers on the premises and proceed with the
applicant is irreparable; enforcement of the writ.
(d) there is demonstrable risk of evidence that the alleged Section 12. Commissioner, duties, qualifications and fees.
infringing defendant or expected adverse party may - The enforcement of the writ shall be supervised by the
destroy, hide or remove the documents or articles before independent Commissioner appointed by the court. In
any application inter partes can be made; and the performance of his duty, the Commissioner shall:
(e) the documents and articles to be seized constitute (a) give impartial advice to the alleged infringing
evidence of the alleged infringing defendant's or defendant, expected adverse party or to the person in
expected adverse party's infringing activity or that they charge of the premises to be searched as to the meaning
infringe upon the intellectual property right of the and coverage of the writ;
applicant or that they are used or intended to be used as (b) attempt to achieve agreement on a suitable search
means of infringing the applicant's intellectual property procedure;
right.
(c) assess what documents or articles come within the
Section 7. When writ may issue. - If the judge is satisfied terms of the writ;
with the proof of facts upon which the application is
based, he shall issue the writ requiring the search, (d) ensure the accuracy of the list of documents and
inspection or copying of the subject documents or articles searched, inspected, copied or seized by the
articles or commanding the sheriff to take them into his sheriff;
custody subject to the control of the court. The (e) prepare his own report on the search and seizure and
enforcement of the writ shall be supervised by an verify and sign the return prepared by the sheriff; and
independent Commissioner to be appointed by the court.
(f) generally, assist in the proper execution of the writ.
Section 8. Contents of the writ. - The writ shall contain
the following: The Commissioner shall be a member of the Philippine
Bar and of proven competence, integrity and probity. He
(a) an order to the alleged infringing defendant, expected shall receive such reasonable compensation as may be
adverse party or to the person who appears to be in



determined by the court which can be charged as cost of When the computer disks or storage devices cannot be
suit. readily removed from the computer to which they are
Section 13. Search to be conducted in the presence of fitted, the sheriff may take the subject computer from
defendant, his representative, person in charge of the the custody of the alleged infringing defendant, expected
premises or witnesses. - The premises may not be adverse party or person in charge or in control of the
searched except in the presence of the alleged infringing premises or residing or working therein.
defendant, expected adverse party or his representative Section 17. Sheriff's return. - The sheriff who executed the
or the person in charge or in control of the premises or writ shall, within three (3) days from its enforcement,
residing or working m therein who shall be given the make a verified return to the court which issued the writ.
opportunity to read the writ before its enforcement and The return shall contain a full statement of the
seek its interpretation from the Commissioner. In the proceedings under the writ and a complete inventory of
absence of the latter, two persons of sufficient age and the documents and articles searched, inspected or
discretion residing in the same locality shall be allowed to copied or seized and impounded, with copies served on
witness the search or in the absence of the latter, two the applicant, the defendant or expected adverse party
persons of sufficient age and discretion residing in the and the Commissioner.
nearest locality. If not all of the documents and articles enumerated in the
Section 14. Manner of search and seizure; duties of the order and writ were seized, the sheriff shall so report to
sheriff. - Upon service of the writ in accordance with the court and state is the reasons therefor. All objections
section 11 hereof, sheriff, under the supervision of the of the defendant, expected adverse party or person in
Commissioner, shall search for the documents and charge of the premises on the manner and regularity of
articles specified in the writ, and take them in his custody the service of the writ shall be included by the sheriff in
subject to the control of the court. his return.
If the subject articles are not capable of manual delivery, Section 18. Discharge of writ by the defendant or
the sheriff shall attach to them a tag or label stating the expected adverse party. - Without waiting for return to be
fact of seizure and warning all persons from tampering filed by the sheriff, the defendant, expected adverse party
with them. or the party whose property has been searched,
The sheriff shall, in the presence of the applicant or his inspected, copied or seized may file a motion with the
representative, and under the supervision of the court which issued the writ for its discharge with prayer
Commissioner, prepare a detailed list of the seized for the return of the documents and articles seized.
documents and articles. He shall give an accurate copy of The writ may be discharged on any of the following
the same to the alleged infringing defendant, expected grounds:
adverse party, his agent or representative, to the person (a) that the writ was improperly or irregularly issued, or
in charge or in control of the premises or residing or excessively enforced;
working therein in whose presence the search and
seizure were made. In the absence of the person in (b) that the bond is insufficient;
charge or in control of the premises or residing or (c) that tile safeguards provided in the writ have been
working therein, the sheriff must, in the presence of at violated by the applicant or the sheriff; or
least two witnesses of sufficient age and discretion
residing in the same locality, leave a copy of the receipt in (d) that the documents and articles seized are not
the place in which he found the seized property. Where infringing copies or means for making the materials
no witnesses are available in the same locality, the copy of alleged to infringe the intellectual property right of the
the receipt shall be left by the sheriff in the presence of applicant.
two witnesses residing in the nearest locality. The The writ may be discharged in a summary hearing by the
applicant or his representative and the Commissioner court after notice to the applicant, the sheriff and the
shall also be given a copy of the receipt. Commissioner.
After the sheriff has taken possession of the documents If the court finds that the bond is insufficient, it shall
and articles, he shall deliver them to a bonded warehouse order a. new bond to be filed by the applicant within a
or government warehouse for safekeeping. The applicant reasonable time. The discharge of the writ based on the
or his representative shall be allowed access to said insufficiency of the bond may only be made if the
materials for the purpose of examining them. applicant fails to post the new bond within the period
The applicant shall be responsible for the necessary fixed by the court.
expenses incurred ill the seizure and safekeeping of the Section 19. Proceedings on return. - Five (5) days after
documents and articles in a bonded warehouse or issuance of the writ, the issuing judge shall ascertain if
government warehouse. the writ has not been served or the return has been made
Section 15. Use of reasonable force to effect writ. - The by the sheriff. If the writ was not served or no return was
sheriff, if refused admittance to the premises after giving made, it shall summon the sheriff and the applicant to
notice of his purpose and authority or in absence of the whom the writ was issued and require them to explain
alleged infringing defendant or expected adverse party, why the writ was not served or why no return has been
his agent or representative, or person in charge or in filed as the case may be. If the return has been made, the
control of the premises or residing or working therein judge shall, after notice to the applicant, the alleged
who is of sufficient age and discretion, may use infringing defendant or expected adverse party, the
reasonable force to gain entry to the premises or any part sheriff and the Commissioner, ascertain whether the
of the building or anything therein, to enforce the writ or provisions of this Rule and applicable laws have been
to liberate himself or any person lawfully aiding him when complied with.
unlawfully detained therein. Section 20. Failure to file complaint. - The writ shall also.
Section 16. Seizure of computer disks other storage Upon motion of the expected adverse party, be set aside
devices. - The seizure of a computer disk or any storage and the seized documents and articles returned to the
device may be executed in any of the following manner: expected adverse party if no case is filed with the
appropriate court or authority within thirty-one (31)
(a) by the physical taking thereof; calendar days from the date of issuance of the writ.
(b) by Copying its contents in a suitable device or disk Section 21. Claim for damages. - Where the writ is
provided by the applicant; or discharged on any of die grounds provided in this Rule, or
(c) by printing out the Contents of the disk or device with where it is found after trial that there has been no
a the use of a printer. infringement or threat of infringement of an intellectual
property right, the court. Upon motion of the alleged
infringing defendant or expected adverse party and after



due hearing, shall order the applicant to compensate the newspapers of general circulation not later than January
defendant or expected adverse party upon the cash 30, 2002.
bond, surety bond or other equivalent security for any
injury or damage the latter suffered by the issuance and
enforcement of the writ. Should the damages exceed the A.M. No. 08-8-7-SC | THE REVISED RULES OF
amount of the bond, the applicant shall be liable for the PROCEDURE FOR SMALL CLAIMS CASES
payment of the excess.

When a complaint is already filed in court, the motion
shall be filed with the same court during the trial or February 1, 2016
before appeal is perfected or before judgment becomes
executory, with due notice to the applicant, setting forth
the facts showing the defendant's right to damage's and SECTION 1. Title. — These Rules shall be known as "The
the amount thereof. The award of damages shall be Revised Rules of Procedure for Small Claims Cases."
included in the judgment in the main case. SECTION 2. Scope. — These Rules shall govern the
Where no complaint is filed against the expected adverse procedure in actions before the Metropolitan Trial Courts
party, the motion shall be filed with the court which (MeTCs), Municipal Trial Courts in Cities (MTCCs),
issued the writ. In such a case, the court shall set the Municipal Trial Courts (MTCs) and Municipal Circuit Trial
motion for summary hearing and immediately determine Courts (MCTCs) for payment of money where the value of
the expected adverse party's right to damages. the claim does not exceed Two Hundred Thousand Pesos
(P200,000.00) exclusive of interest and costs.
A judgment in favor of the applicant in its principal claim,
should not necessarily bar the alleged infringing SECTION 3. Objectives. —
defendant from recovering damages where he suffered (a) To protect and advance the constitutional right of
losses by reason of the wrongful issuance or enforcement persons to a speedy disposition of their cases;
of the writ.
(b) To provide a simplified and inexpensive procedure for
The damages provided for in this section shall be the disposition of small claims cases; and,
independent from the damages claimed by the
defendant in his counterclaim. (c) To introduce innovations and best practices for the
benefit of the underprivileged.
Section 22. Judgment. - If it appears after trial that the
seized documents and articles are found to infringe the SECTION 4. Definition of Terms. — For purposes of this
intellectual property right of the applicant or that they Rule:
constitute the means for the production of infringing (a) Plaintiff refers to the party who initiated a small claims
goods, the court shall order their destruction or donation action. The term includes a defendant who has filed a
to charitable, educational or religious institutions with the counterclaim against plaintiff;
prohibition against bringing the same into the channels
(b) Defendant is the party against whom the plaintiff has
of commerce. In the latter case, infringing trademarks or
filed a small claims action. The term includes a plaintiff
trade names found on labels, tags and other portions of
against whom a defendant has filed a claim, or a person
the infringing materials shall be removed or defaced
who replies to the claim;
before the donation. In no case shall the infringing
materials be returned to the defendant. (c) Person is an individual, corporation, partnership,
limited liability partnership, association, or other juridical
If the court finds no infringement, the seized materials
entity endowed with personality by law;
shall be immediately returned to the defendant.
(d) Individual is a natural person;
Section 23. Direct filing, provisional docketing and
deposit of prescribed filing fee. - The Regional Trial Courts (e) Motion means a party's request, written or oral, to the
specially designated to try violations of intellectual court for an order or other action. It shall include an
property rights shall keep a distinct and separate logbook informal written request to the court, such as a letter;
for writs of search and seizure. The application for a writ of (f) Good cause means circumstances sufficient to justify
search and seizure filed directly with the said courts shall the requested order or other action, as determined by the
be given a provisional docket number. The prescribed judge; and,
filing fee shall be deposited with the branch clerk of court
and properly receipted for and transmitted to the Clerk of (g) Affidavit means a written statement or declaration of
Court within twenty-four (24) hours from issuance of the facts that are sworn or affirmed to be true.
order granting or denying the application for said writ. If a SECTION 5. Applicability. — The Metropolitan Trial Courts,
formal complaint is filed thereafter, the Clerk of Court Municipal Trial Courts in Cities, Municipal Trial Courts, and
may make a. reassessment of the filing fee. Municipal Circuit Trial Courts shall apply this Rule in all
Section 24. Separate logbook. - In every court, there shall actions that are purely civil in nature where the claim or
be a logbook under the custody of the Clerk of Court relief prayed for by the plaintiff is solely for payment or
wherein shall be docketed and entered within reimbursement of sum of money.
twenty-four (24) hours after the issuance or denial of the The claim or demand may be:
writ of search and seizure, the filing of such application
and other particulars thereof. All the subsequent (a) For money owed under any of the following:
proceedings concerning the writ of search and seizure 1. Contract of Lease;
shall be faithfully recorded in the separate logbook.
2. Contract of Loan;
Section 25. Effect of violation. - A violation of any of the
3. Contract of Services;
terms and conditions of the order and the writ of search
and seizure or any provision of this Rule shall constitute 4. Contract of Sale; or
contempt of court. 5. Contract of Mortgage;
Section 26. Writ not a bar to other measures. - The (b) For liquidated damages arising from contracts;
availment of the writ of search and seizure under this
Rule shall not prevent the applicant from resorting to (c) The enforcement of a barangay amicable settlement
other provisional measures or remedies provided in or an arbitration award involving a money claim covered
existing laws and procedural rules. by this Rule pursuant to Sec. 417 of Republic Act 7160,
otherwise known as The Local Government Code of 1991.
Section 27. Effectivity. - This Rule shall take effect on
February 15, 2002 after its publication in two (2) SECTION 6. Commencement of Small Claims Action. — A
small claims action is commenced by filing with the court
an accomplished and verified Statement of Claim (Form


1-SCC) in duplicate, accompanied by a Certification dismissal of the case. The order of dismissal shall state if it

Against Forum Shopping, Splitting a Single Cause of is with or without prejudice.
Action, and Multiplicity of Suits (Form 1-A SCC), and two If, during the hearing, the court is able to determine that
(2) duly certified photocopies of the actionable there exists a ground for dismissal of the Statement of
document/s subject of the claim, as well as the affidavits Claim/s, the court may, by itself, dismiss the case even if
of witnesses and other evidence to support the claim. No such ground is not pleaded in the defendant's Response.
evidence shall be allowed during the hearing which was
not attached to or submitted together with the If plaintiff misrepresents that he/she/it is not engaged in
Statement of Claim, unless good cause is shown for the the business of banking, lending or similar activities when
admission of additional evidence. in fact he/she/it is so engaged, the Statement of Claim/s
shall be dismissed with prejudice and plaintiff shall be
The plaintiff must state in the Statement of Claims if meted the appropriate sanctions, such as direct
he/she/it is engaged in the business of lending, banking contempt.
and similar activities, and the number of small claims
cases filed within the calendar year regardless of judicial However, if the case does not fall under this Rule, but falls
station. under summary or regular procedure, the case shall not
be dismissed. Instead, the case shall be re-docketed
No formal pleading, other than the Statement of Claim/s under the appropriate procedure, and returned to the
described in this Rule, is necessary to initiate a small court where it was assigned, subject to payment of any
claims action. deficiency in the applicable regular rate of filing fees. If a
SECTION 7. Venue. — The regular rules on venue shall case is filed under the regular or summary procedure, but
apply. actually falls under this Rule, the case shall be referred to
However, if the plaintiff is engaged in the business of the Executive Judge for appropriate assignment.
lending, banking and similar activities, and has a branch SECTION 12. Summons and Notice of Hearing. — If no
within the municipality or city where the defendant ground for dismissal is found, the court shall forthwith
resides, the Statement of Claim/s shall be filed where that issue Summons (Form 2-SCC) on the day of receipt of the
branch is located. Statement of Claim/s, directing the defendant to submit a
SECTION 8. Joinder of Claims. — Plaintiff may join in a verified Response.
single statement of claim one or more separate small The court shall also issue a Notice of Hearing (Form
claims against a defendant provided that the total 4-SCC) to both parties, directing them to appear before it
amount claimed, exclusive of interest and costs, does not on a specific date and time for hearing, with a warning
exceed Two Hundred Thousand Pesos (P200,000.00). that no unjustified postponement shall be allowed, as
SECTION 9. Affidavits. — The affidavits submitted under provided in Section 21 of this Rule.
this Rule shall state only facts of direct personal The Summons to be served on the defendant shall be
knowledge of the affiants or based on authentic records, accompanied by a copy of the Statement of Claim/s and
which are admissible in evidence. documents submitted by plaintiff, and a blank Response
A violation of this requirement shall subject the party, and Form (Form 3-SCC) to be accomplished by the defendant.
the counsel who assisted the party in the preparation of A Notice of Hearing shall accompany the Summons and
the affidavits, if any, to appropriate disciplinary action. The shall contain: (a) the date of the hearing, which shall not
inadmissible affidavit(s) or portion(s) thereof shall be be more than thirty (30) days from the filing of the
expunged from the record. Statement of Claim/s; and (b) the express prohibition
The non-submission of the required affidavits will cause against the filing of a motion to dismiss or any other
the immediate dismissal of the claim or counterclaim. motion under Section 16 of this Rule.
SECTION 10. Payment of Filing Fees. — The plaintiff shall If Summons is returned without being served on any or
pay the docket and other legal fees prescribed under all of the defendants, the court shall order the plaintiff to
Rule 141 of the Revised Rules of Court, unless allowed to cause the service of summons and shall inform the court
litigate as an indigent. Exemption from the payment of within thirty (30) days from notice if said summons was
filing fees shall be granted only by the Supreme Court. served or not; otherwise, the Statement of Claim/s shall
be dismissed without prejudice as to those who were not
However, if more than five (5) small claims are filed by served with summons.
one party within the calendar year, regardless of the
judicial station, an additional filing fee of P500.00 shall be SECTION 13. Response. — The defendant shall file with the
paid for every claim filed after the fifth (5th) claim, and an court and serve on the plaintiff a duly accomplished and
additional P100.00 or a total of P600.00 for every claim verified Response within a non-extendible period of ten
filed after the tenth (10th) claim, and another P100.00 or a (10) days from receipt of summons. The Response shall be
total of P700 for every claim filed after the fifteenth (15th) accompanied by certified photocopies of documents, as
claim, progressively and cumulatively. well as affidavits of witnesses and other evidence in
support thereof. No evidence shall be allowed during the
If the plaintiff is engaged in the business of banking, hearing which was not attached to or submitted together
lending and similar activities, the amount of filing and with the Response, unless good cause is shown for the
other legal fees shall be the same as those applicable to admission of additional evidence.
cases filed under the regular rules.
SECTION 14. Effect of Failure to File Response. — Should
A claim filed with a motion to sue as indigent (Form the defendant fail to file his/her/its Response within the
6-SCC) shall be referred to the Executive Judge for required period, and likewise fail to appear on the date set
immediate action in case of multi-sala courts. If the for hearing, the court shall render judgment on the same
motion is granted by the Executive Judge, the case shall day, as may be warranted by the facts alleged in the
be raffled off or assigned to the court designated to hear Statement of Claim/s.
small claims cases. If the motion is denied, the plaintiff
shall be given five (5) days within which to pay the docket Should the defendant fail to file his/her/its Response
fees, otherwise, the case shall be dismissed without within the required period but appears on the date set for
prejudice. In no case shall a party, even if declared an hearing, the court shall ascertain what defense he/she/it
indigent, be exempt from the payment of the P1,000.00 has to offer which shall constitute his/her/its Response,
fee for service of summons and processes. and proceed to hear or adjudicate the case on the same
day as if a Response has been filed.
SECTION 11 Dismissal of the Claim. — After the court
determines that the case falls under these Rules, it may, SECTION 15. Counterclaims Within the Coverage of this
from an examination of the allegations of the Statement Rule. — If at the time the action is commenced, the
of Claim/s and such evidence attached thereto, by itself, defendant possesses a claim against the plaintiff that (a)
dismiss the case outright on any of the grounds for the is within the coverage of this Rule, exclusive of interest


and costs; (b) arises out of the same transaction or event Failure of both parties to appear shall cause the dismissal
that is the subject matter of the plaintiff's claim; (c) does with prejudice of both the Statement of Claim/s and the
not require for its adjudication the joinder of third parties; counterclaim.
and (d) is not the subject of another pending action, the SECTION 21. Postponement When Allowed. — A request
claim shall be filed as a counterclaim in the Response; for postponement of a hearing may be granted only upon
otherwise, the defendant shall be barred from suing on proof of the physical inability of the party to appear before
the counterclaim. the court on the scheduled date and time. A party may
The defendant may also elect to file a counterclaim avail of only one (1) postponement.
against the plaintiff that does not arise out of the same SECTION 22. Duty of the Court. — At the beginning of the
transaction or occurrence, provided that the amount and court session, the judge shall read aloud a short
nature thereof are within the coverage of this Rule and statement explaining the nature, purpose and the rule of
the prescribed docket and other legal fees are paid. procedure of small claims cases.
SECTION 16. Prohibited Pleadings and Motions. — The SECTION 23. Hearing. — At the hearing, the judge shall
following pleadings, motions, or petitions shall not be first exert efforts to bring the parties to an amicable
allowed in the cases covered by this Rule: settlement of their dispute. If efforts at settlement fail, the
(a) Motion to dismiss the Statement of Claim/s; hearing shall immediately proceed in an informal and
(b) Motion for a bill of particulars; expeditious manner and be terminated within the same
day.
(c) Motion for new trial, or for reconsideration of a
judgment, or for reopening of trial; Any settlement (Form 8-SCC) or resolution of the dispute
shall be reduced into writing, signed by the parties and
(d) Petition for relief from judgment; submitted to the court for approval (Form 9-SCC and
(e) Motion for extension of time to file pleadings, Form 10-SCC).
affidavits, or any other paper; SECTION 24. Decision. — After the hearing, the court shall
(f) Memoranda; render its decision based on the facts established by the
evidence (Form 11-SCC), within twenty-four (24) hours
(g) Petition for certiorari, mandamus, or prohibition from termination of the hearing. The decision shall
against any interlocutory order issued by the court; immediately be entered by the Clerk of Court in the court
(h) Motion to declare the defendant in default; docket for civil cases and a copy thereof forthwith served
on the parties.
(i) Dilatory motions for postponement;
The decision shall be final, executory and unappealable.
(j) Reply and rejoinder;
SECTION 25. Execution. — When the decision is rendered,
(k) Third-party complaints; and execution shall issue upon motion (Form 12-SCC) of the
(l) Interventions. winning party.
SECTION 17. Availability of Forms; Assistance by Court SECTION 26. Certification of Documents. — All
Personnel. — The Clerk of Court or other court personnel documents attached to the Statement of Claim/s or
shall provide such assistance as may be requested by a Response that are required to be certified, except public
plaintiff or a defendant regarding the availability of forms or official documents, shall be certified by the signature
and other information about the coverage, requirements of the plaintiff or defendant concerned.
as well as procedure for small claims cases. SECTION 27. Applicability of the Rules of Civil Procedure.
SECTION 18. Appearance. — The parties shall personally — The Rules of Civil Procedure shall apply suppletorily
appear on the designated date of hearing. insofar as they are not inconsistent with this Rule.
Appearance through a representative must be for a valid SECTION 28. Non-applicability. — The rules on
cause. The representative of an individual-party must not mediation/judicial dispute resolution shall not apply,
be a lawyer and must be related to or next-of-kin of the inasmuch as the parties may enter into compromise at
individual-party. Juridical entities shall not be represented any stage of the proceedings.
by a lawyer in any capacity. SECTION 29. Effectivity. — These Revised Rules shall take
The representative must be authorized under a Special effect on February 1, 2016 following their publication in
Power of Attorney (Form 7-SCC) to enter into an amicable two newspapers of general circulation. They shall govern
settlement of the dispute and to enter into stipulations or all cases filed after their effectivity, and also all pending
admissions of facts and of documentary exhibits. proceedings, except to the extent that in the opinion of
SECTION 19. Appearance of Attorneys Not Allowed. — No the court, their application would not be feasible or would
attorney shall appear in behalf of or represent a party at work injustice, in which case the procedure under which
the hearing, unless the attorney is the plaintiff or the cases were filed shall govern.
defendant. Small Claims Standard Forms
If the court determines that a party cannot properly The following forms shall be used. Substantial compliance
present his/her claim or defense and needs assistance, therewith shall be sufficient.
the court may, in its discretion, allow another individual (See attached forms)
who is not an attorney to assist that party upon the
latter's consent.
SECTION 20. Non-appearance of Parties. — Failure of the INDEX OF SMALL CLAIMS STANDARD FORMS
plaintiff to appear shall be cause for the dismissal of the
Statement of Claim/s without prejudice. The defendant
who appears in the absence of the plaintiff shall be Forms Title
entitled to judgment on a permissive counterclaim.
FORM 1-SCC Statement of Claim/s
Failure of the defendant to appear shall have the same
effect as failure to file a Response under Section 14 of this FORM 1-A-SCC Verification and Certification Against
Rule. This shall not apply where one of two or more Forum Shopping, Splitting a Single
defendants who are sued under a common cause of Cause of Action and Multiplicity of
action and have pleaded a common defense appears at Suits
the hearing.
FORM 2-SCC Summons
FORM 3-SCC Response


FORM 4-SCC Notice of Hearing 25 September 2007

FORM 5-SCC Plaintiff's Return/Manifestation
SECTION 1. Petition. – The petition for a writ of amparo is
FORM 5-A-SCC Plaintiff's Return/Manifestation a remedy available to any person whose right to life,
(with substituted service) liberty and security is violated or threatened with violation
FORM 6-SCC Motion to Plead as Indigent by an unlawful act or omission of a public official or
employee, or of a private individual or entity.
FORM 7-SCC Special Power of Attorney The writ shall cover extralegal killings and enforced
FORM 8-SCC Joint Motion (for Dismissal) disappearances or threats thereof.
SEC. 2. Who May File. – The petition may be filed by the
FORM 9-SCC Motion for Approval of Compromise
aggrieved party or by any qualified person or entity in the
Agreement
following order:
FORM 10-SCC Decision based on Compromise 1. Any member of the immediate family, namely:
Agreement the spouse, children and parents of the aggrieved party;
FORM 11-SCC Decision 2. Any ascendant, descendant or collateral relative
of the aggrieved party within the fourth civil degree of
FORM 12-SCC Motion for Execution consanguinity or affinity, in default of those mentioned in
the preceding paragraph; or
FORM 1-SCC 3. Any concerned citizen, organization, association
Statement of Claim/s or institution, if there is no known member of the
immediate family or relative of the aggrieved party.
FORM 1-A-SCC
The filing of a petition by the aggrieved party suspends
Verification and Certification Against Forum Shopping, the right of all other authorized parties to file similar
Splitting a Single Cause of Action and Multiplicity of Suits petitions. Likewise, the filing of the petition by an
FORM 2-SCC authorized party on behalf of the aggrieved party
suspends the right of all others, observing the order
Summons established herein.
FORM 3-SCC SEC. 3. Where to File. – The petition may be filed on any
Response day and at any time with the Regional Trial Court of the
place where the threat, act or omission was committed or
FORM 4-SCC
any of its elements occurred, or with the Sandiganbayan,
Notice of Hearing the Court of Appeals, the Supreme Court, or any justice of
FORM 5-SCC such courts. The writ shall be enforceable anywhere in the
Philippines.
Plaintiff's Return/Manifestation
When issued by a Regional Trial Court or any judge
FORM 5-A-SCC thereof, the writ shall be returnable before such court or
Plaintiff's Return/Manifestation (with substituted service) judge.
FORM 6-SCC When issued by the Sandiganbayan or the Court of
Appeals or any of their justices, it may be returnable
Motion to Plead as Indigent before such court or any justice thereof, or to any
FORM 7-SCC Regional Trial Court of the place where the threat, act or
omission was committed or any of its elements occurred.
Special Power of Attorney
When issued by the Supreme Court or any of its justices,
FORM 8-SCC
it may be returnable before such Court or any justice
Joint Motion (for Dismissal) thereof, or before the Sandiganbayan or the Court of
FORM 9-SCC Appeals or any of their justices, or to any Regional Trial
Court of the place where the threat, act or omission was
Motion for Approval of Compromise Agreement committed or any of its elements occurred.
FORM 10-SCC SEC. 4. No Docket Fees. – The petitioner shall be
Decision based on Compromise Agreement exempted from the payment of the docket and other
lawful fees when filing the petition. The court, justice or
FORM 11-SCC judge shall docket the petition and act upon it
Decision immediately.
FORM 12-SCC SEC. 5. Contents of Petition. – The petition shall be
signed and verified and shall allege the following:
Motion for Execution
1. The personal circumstances of the petitioner;
Published in The Philippine Daily Inquirer on December
19, 2015. 2. The name and personal circumstances of the
respondent responsible for the threat, act or omission, or,
(The Revised Rules of Procedure for Small Claims Cases,
if the name is unknown or uncertain, the respondent may
A.M. No. 08-8-7-SC, [February 1, 2016])
be described by an assumed appellation;

3. The right to life, liberty and security of the
aggrieved party violated or threatened with violation by
Special Rules of Criminal an unlawful act or omission of the respondent, and how
such threat or violation is committed with the attendant
Procedure circumstances detailed in supporting affidavits;
4. The investigation conducted, if any, specifying the
names, personal circumstances, and addresses of the
A.M. No. 07-9-12-SC | THE RULE ON THE WRIT investigating authority or individuals, as well as the
manner and conduct of the investigation, together with
OF AMPARO any report;



5. The actions and recourses taken by the petitioner SEC. 10. Defenses not Pleaded Deemed Waived. — All
to determine the fate or whereabouts of the aggrieved defenses shall be raised in the return, otherwise, they
party and the identity of the person responsible for the shall be deemed waived.
threat, act or omission; and SEC. 11. Prohibited Pleadings and Motions. – The
6. The relief prayed for. following pleadings and motions are prohibited:
The petition may include a general prayer for other just 1. Motion to dismiss;
and equitable reliefs. 2. Motion for extension of time to file return,
SEC. 6. Issuance of the Writ. – Upon the filing of the opposition, affidavit, position paper and other pleadings;
petition, the court, justice or judge shall immediately 3. Dilatory motion for postponement;
order the issuance of the writ if on its face it ought to
issue. The clerk of court shall issue the writ under the seal 4. Motion for a bill of particulars;
of the court; or in case of urgent necessity, the justice or 5. Counterclaim or cross-claim;
the judge may issue the writ under his or her own hand,
and may deputize any officer or person to serve it. 6. Third-party complaint;
The writ shall also set the date and time for summary 7. Reply;
hearing of the petition which shall not be later than seven 8. Motion to declare respondent in default;
(7) days from the date of its issuance.
9. Intervention;
SEC. 7. Penalty for Refusing to Issue or Serve the Writ.
– A clerk of court who refuses to issue the writ after its 10. Memorandum;
allowance, or a deputized person who refuses to serve the 11. Motion for reconsideration of interlocutory orders
same, shall be punished by the court, justice or judge for or interim relief orders; and
contempt without prejudice to other disciplinary actions. 12. Petition for certiorari, mandamus or prohibition
SEC. 8. How the Writ is Served. – The writ shall be served against any interlocutory order.
upon the respondent by a judicial officer or by a person SEC. 12. Effect of Failure to File Return. — In case the
deputized by the court, justice or judge who shall retain a respondent fails to file a return, the court, justice or judge
copy on which to make a return of service. In case the writ shall proceed to hear the petition ex parte.
cannot be served personally on the respondent, the rules
on substituted service shall apply. SEC. 13. Summary Hearing. — The hearing on the
petition shall be summary. However, the court, justice or
SEC. 9. Return; Contents. – Within five (5) working days judge may call for a preliminary conference to simplify
after service of the writ, the respondent shall file a verified the issues and determine the possibility of obtaining
written return together with supporting affidavits which stipulations and admissions from the parties.
shall, among other things, contain the following:
The hearing shall be from day to day until completed and
1. The lawful defenses to show that the respondent given the same priority as petitions for habeas corpus.
did not violate or threaten with violation the right to life,
liberty and security of the aggrieved party, through any SEC. 14. Interim Reliefs. — Upon filing of the petition or
act or omission; at anytime before final judgment, the court, justice or
judge may grant any of the following reliefs:
2. The steps or actions taken by the respondent to
determine the fate or whereabouts of the aggrieved party (a) Temporary Protection Order. – The court, justice or
and the person or persons responsible for the threat, act judge, upon motion or motu proprio, may order that the
or omission; petitioner or the aggrieved party and any member of the
immediate family be protected in a government agency
3. All relevant information in the possession of the or by an accredited person or private institution capable
respondent pertaining to the threat, act or omission of keeping and securing their safety. If the petitioner is an
against the aggrieved party; and organization, association or institution referred to in
4. If the respondent is a public official or employee, Section 3(c) of this Rule, the protection may be extended
the return shall further state the actions that have been to the officers involved.
or will still be taken: The Supreme Court shall accredit the persons and private
a. to verify the identity of the aggrieved party; institutions that shall extend temporary protection to the
b. to recover and preserve evidence related to the petitioner or the aggrieved party and any member of the
death or disappearance of the person identified in the immediate family, in accordance with guidelines which it
petition which may aid in the prosecution of the person shall issue.
or persons responsible; The personal election by the aggrieved party or by the
c. to identify witnesses and obtain statements from member of the immediate family of the person or private
them concerning the death or disappearance; institution that shall extend temporary protection shall be
respected. Should such person or institution not be
d. to determine the cause, manner, location and accredited in accordance with this Rule, the court hearing
time of death or disappearance as well as any pattern or the petition for the writ of amparo may nonetheless allow
practice that may have brought about the death or the latter to provide immediate temporary protection
disappearance; subject to the undertaking that accreditation by the
e. to identify and apprehend the person or persons Supreme Court shall be applied for as soon as practicable.
involved in the death or disappearance; and (A.M. No. 07-9-12-SC, [December 5, 2017])
f. to bring the suspected offenders before a The accredited persons and private institutions shall
competent court. comply with the rules and conditions that may be
imposed by the court, justice or judge.
The Period To File A Return Cannot Be Extended Except
On Highly Meritorious Ground. (A.M. No. 07-9-12-SC, (b) Inspection Order. — The court, justice or judge, upon
[October 16, 2007]) verified motion and after due hearing, may order any
person in possession or control of a designated land or
The return shall also state other matters relevant to the other property, to permit entry for the purpose of
investigation, its resolution and the prosecution of the inspecting, measuring, surveying, or photographing the
case. property or any relevant object or operation thereon.
A general denial of the allegations in the petition shall not The motion shall state in detail the place or places to be
be allowed. inspected. It shall be supported by affidavits or
testimonies of witnesses having personal knowledge of


the enforced disappearance or whereabouts of the submitted for decision. If the allegations in the petition
aggrieved party. are proven by substantial evidence, the court shall grant
If the motion is opposed on the ground of national the privilege of the writ and such reliefs as may be proper
security or of the privileged nature of the information, the and appropriate; otherwise, the privilege shall be denied.
court, justice or judge may conduct a hearing in SEC. 19. Appeal. – Any party may appeal from the final
chambers to determine the merit of the opposition. judgment or order to the Supreme Court under Rule 45.
The movant must show that the inspection order is The appeal may raise questions of fact or law or both.
necessary to establish the right of the aggrieved party The period of appeal shall be five (5) working days from
alleged to be threatened or violated. the date of notice of the adverse judgment.
The inspection order shall specify the person or persons The appeal shall be given the same priority as in habeas
authorized to make the inspection and the date, time, corpus cases.
place and manner of making the inspection and may SEC. 20. Archiving and Revival of Cases. – The court
prescribe other conditions to protect the constitutional shall not dismiss the petition, but shall archive it, if upon
rights of all parties. The order shall expire five (5) days its determination it cannot proceed for a valid cause such
after the date of its issuance, unless extended for as the failure of petitioner or witnesses to appear due to
justifiable reasons. threats on their lives.
(c) Production Order. – The court, justice or judge, upon A periodic review of the archived cases shall be made by
verified motion and after due hearing, may order any the amparo court that shall, motu proprio or upon
person in possession, custody or control of any motion by any party, order their revival when ready for
designated documents, papers, books, accounts, letters, further proceedings. The petition shall be dismissed with
photographs, objects or tangible things, or objects in prejudice upon failure to prosecute the case after the
digitized or electronic form, which constitute or contain lapse of two (2) years from notice to the petitioner of the
evidence relevant to the petition or the return, to produce order archiving the case.
and permit their inspection, copying or photographing by
or on behalf of the movant. The clerks of court shall submit to the Office of the Court
Administrator a consolidated list of archived cases under
The motion may be opposed on the ground of national this Rule not later than the first week of January of every
security or of the privileged nature of the information, in year.
which case the court, justice or judge may conduct a
hearing in chambers to determine the merit of the SEC. 21. Institution of Separate Actions. — This Rule
opposition. shall not preclude the filing of separate criminal, civil or
administrative actions.
The court, justice or judge shall prescribe other
conditions to protect the constitutional rights of all the SEC. 22. Effect of Filing of a Criminal Action. – When a
parties. criminal action has been commenced, no separate
petition for the writ shall be filed. The reliefs under the
(d) Witness Protection Order. – The court, justice or judge, writ shall be available by motion in the criminal case.
upon motion or motu proprio, may refer the witnesses to
the Department of Justice for admission to the Witness The procedure under this Rule shall govern the
Protection, Security and Benefit Program, pursuant to disposition of the reliefs available under the writ of
Republic Act No. 6981. amparo.
The court, justice or judge may also refer the witnesses to SEC. 23. Consolidation. – When a criminal action is filed
other government agencies, or to accredited persons or subsequent to the filing of a petition for the writ, the
private institutions capable of keeping and securing their latter shall be consolidated with the criminal action.
safety. When a criminal action and a separate civil action are
SEC. 15. Availability of Interim Reliefs to Respondent. – filed subsequent to a petition for a writ of amparo, the
Upon verified motion of the respondent and after due latter shall be consolidated with the criminal action.
hearing, the court, justice or judge may issue an After consolidation, the procedure under this Rule shall
inspection order or production order under paragraphs continue to apply to the disposition of the reliefs in the
(b) and (c) of the preceding section. petition.
A motion for inspection order under this section shall be SEC. 24. Substantive Rights. — This Rule shall not
supported by affidavits or testimonies of witnesses diminish, increase or modify substantive rights
having personal knowledge of the defenses of the recognized and protected by the Constitution.
respondent.
SEC. 25. Suppletory Application of the Rules of Court. –
SEC. 16. Contempt. – The court, justice or judge may The Rules of Court shall apply suppletorily insofar as it is
order the respondent who refuses to make a return, or not inconsistent with this Rule.
who makes a false return, or any person who otherwise
disobeys or resists a lawful process or order of the court to SEC. 26. Applicability to Pending Cases. – This Rule shall
be punished for contempt. The contemnor may be govern cases involving extralegal killings and enforced
imprisoned or imposed a fine. disappearances or threats thereof pending in the trial and
appellate courts.
SEC. 17. Burden of Proof and Standard of Diligence
Required. – The parties shall establish their claims by SEC. 27. Effectivity. – This Rule shall take effect on
substantial evidence. October 24, 2007, following its publication in three (3)
newspapers of general circulation.
The respondent who is a private individual or entity must
prove that ordinary diligence as required by applicable
laws, rules and regulations was observed in the A.M. NO. 004-07-SC | RULE ON EXAMINATION
performance of duty.
OF A CHILD WITNESS
The respondent who is a public official or employee must
prove that extraordinary diligence as required by
applicable laws, rules and regulations was observed in the November 21, 2000
performance of duty.

The respondent public official or employee cannot invoke
the presumption that official duty has been regularly Section 1. Applicability of the Rule. - Unless otherwise
performed to evade responsibility or liability. provided, this Rule shall govern the examination of child
witnesses who are victims of crime, accused of a crime,
SEC. 18. Judgment. — The court shall render judgment and witnesses to crime. It shall apply in all criminal
within ten (10) days from the time the petition is



proceedings and non-criminal proceedings involving (1) Shall attend all interviews, depositions, hearings, and
child witnesses. trial proceedings in which a child participates;
Section 2. Objectives. - The objectives of this Rule are to (2) Shall make recommendations to the court concerning
create and maintain an environment that will allow the welfare of the child;
children to give reliable and complete evidence, minimize (3) Shall have access to all reports, evaluations, and
trauma to children, encourage children to testify in legal records necessary to effectively advocate for the child,
proceedings, and facilitate the ascertainment of truth. except privileged communications;
Section 3. Construction of the Rule. - This Rule shall be (4) Shall marshal and coordinate the delivery of resources
liberally construed to uphold the best interests of the and special services to the child;
child and to promote maximum accommodation of child
witnesses without prejudice to the constitutional rights of (5) Shall explain, in language understandable to the child,
the accused. all legal proceedings, including police investigations, in
which the child is involved;
Section 4. Definitions. -
(6) Shall assist the child and his family in coping with the
(a) A "child witness" is any person who at the time of emotional effects of crime and subsequent criminal or
giving testimony is below the age of eighteen (18) years. non-criminal proceedings in which the child is involved;
In child abuse cases, a child includes one over eighteen
(18) years but is found by the court as unable to fully take (7) May remain with the child while the child waits to
care of himself or protect himself from abuse, neglect, testify;
cruelty, exploitation, or discrimination because of a (8) May interview witnesses; and
physical or mental disability or condition.
(9) May request additional examinations by medical or
(b) "Child abuse" means physical, psychological, or sexual mental health professionals if there is a compelling need
abuse, and criminal neglect as defined in Republic Act therefor.
No. 7610 and other related laws.
(c) The guardian ad litem shall be notified of all
(c) "Facilitator" means a person appointed by the court to proceedings but shall not participate in the trial. However,
pose questions to a child. he may file motions pursuant to sections 9, 10, 25, 26, 27
(d) "Record regarding a child" or "record" means any and 31(c). If the guardian ad litem is a lawyer, he may
photograph, videotape, audiotape, film, handwriting, object during trial that questions asked of the child are
typewriting, printing, electronic recording, computer data not appropriate to his developmental level.
or printout, or other memorialization, including any court (d) The guardian ad litem may communicate concerns
document, pleading, or any copy or reproduction of any regarding the child to the court through an officer of the
of the foregoing, that contains the name, description, court designated for that purpose.
address, school, or any other personal identifying
information about a child or his family and that is (e) The guardian ad litem shall not testify in any
produced or maintained by a public agency, private proceeding concerning any information, statement, or
agency, or individual. opinion received from the child in the course of serving
as a guardian ad litem, unless the court finds it necessary
(e) A "guardian ad litem" is a person appointed by the to promote the best interests of the child.
court where the case is pending for a child who is a victim
of, accused of, or a witness to a crime to protect the best (f) The guardian ad litem shall be presumed to have acted
interests of the said child. in good faith in compliance with his duties described in
sub-section (b).
(f) A "support person" is a person chosen by the child to
accompany him to testify at or attend a judicial Section 6. Competency. - Every child is presumed
proceeding or deposition to provide emotional support qualified to be a witness. However, the court shall
for him. conduct a competency examination of a child, motu
proprio or on motion of a party, when it finds that
(g) "Best interests of the child" means the totality of the substantial doubt exists regarding the ability of the child
circumstances and conditions as are most congenial to to perceive, remember, communicate, distinguish truth
the survival, protection, and feelings of security of the from falsehood, or appreciate the duty to tell the truth in
child and most encouraging to his physical, court.
psychological, and emotional development. It also means
the least detrimental available alternative for (a) Proof of necessity. - A party seeking a competency
safeguarding the growth and development of the child. examination must present proof of necessity of
competency examination. The age of the child by itself is
(h) "Developmental level" refers to the specific growth not a sufficient basis for a competency examination.
phase in which most individuals are expected to behave
and function in relation to the advancement of their (b) Burden of proof. - To rebut the presumption of
physical, socio-emotional, cognitive, and moral abilities. competence enjoyed by a child, the burden of proof lies
on the party challenging his competence.
(i) "In-depth investigative interview" or "disclosure
interview" is an inquiry or proceeding conducted by duly (c) Persons allowed at competency examination. Only
trained members of a multidisciplinary team or the following are allowed to attend a competency
representatives of law enforcement or child protective examination:
services for the purpose of determining whether child (1) The judge and necessary court personnel;
abuse has been committed.
(2) The counsel for the parties;
Section 5. Guardian ad litem. -
(3) The guardian ad litem;
(a) The court may appoint a guardian ad litem for a child
who is a victim of, accused of, or a witness to a crime to (4) One or more support persons for the child; and
promote the best interests of the child. In making the (5) The defendant, unless the court determines that
appointment, the court shall consider the background of competence can be fully evaluated in his absence.
the guardian ad litem and his familiarity with the judicial (d) Conduct of examination. - Examination of a child as to
process, social service programs, and child development, his competence shall be conducted only by the judge.
giving preference to the parents of the child, if qualified. Counsel for the parties, however, can submit questions to
The guardian ad litem may be a member of the the judge that he may, in his discretion, ask the child.
Philippine Bar. A person who is a witness in any
proceeding involving the child cannot be appointed as a (e) Developmentally appropriate questions. - The
guardian ad litem. questions asked at the competency examination shall be
appropriate to the age and developmental level of the
(b) The guardian ad litem: child; shall not be related to the issues at trial; and shall



focus on the ability of the child to remember, pose a substantial risk of influencing or affecting the
communicate, distinguish between truth and falsehood, content of the testimony of the child.
and appreciate the duty to testify truthfully. (c) If the support person who is also a witness is allowed
(f) Continuing duty to assess competence. - The court has by the court, his testimony shall be presented ahead of
the duty of continuously assessing the competence of the the testimony of the child.
child throughout his testimony. Section 12. Waiting area for child witnesses. - The
Section 7. Oath or affirmation. - Before testifying, a child courts are encouraged to provide a waiting area for
shall take an oath or affirmation to tell the truth. children that is separate from waiting areas used by other
Section 8. Examination of a child witness. - The persons. The waiting area for children should be
examination of a child witness presented in a hearing or furnished so as to make a child comfortable.
any proceeding shall be done in open court. Unless the Section 13. Courtroom environment. - To create a more
witness is incapacitated to speak, or the question calls for comfortable environment for the child, the court may, in
a different mode of answer, the answers of the witness its discretion, direct and supervise the location,
shall be given orally. movement and deportment of all persons in the
The party who presents a child witness or the guardian ad courtroom including the parties, their counsel, child,
litem of such child witness may, however, move the court witnesses, support persons, guardian ad litem, facilitator,
to allow him to testify in the manner provided in this Rule. and court personnel. The child may be allowed to testify
from a place other than the witness chair. The witness
Section 9. Interpreter for child. - chair or other place from which the child testifies may be
(a) When a child does not understand the English or turned to facilitate his testimony but the opposing party
Filipino language or is unable to communicate in said and his counsel must have a frontal or profile view of the
languages due to his developmental level, fear, shyness, child during the testimony of the child. The witness chair
disability, or other similar reason, an interpreter whom the or other place from which the child testifies may also be
child can understand and who understands the child rearranged to allow the child to see the opposing party
may be appointed by the court, motu proprio or upon and his counsel, if he chooses to look at them, without
motion, to interpret for the child. turning his body or leaving the witness stand. The judge
need not wear his judicial robe.
(b) If a witness or member of the family of the child is the
only person who can serve as an interpreter for the child, Nothing in this section or any other provision of law,
he shall not be disqualified and may serve as the except official in-court identification provisions, shall be
interpreter of the child. The interpreter, however, who is construed to require a child to look at the accused.
also a witness, shall testify ahead of the child. Accommodations for the child under this section need
(c) An interpreter shall take an oath or affirmation to not be supported by a finding of trauma to the child.
make a true and accurate interpretation. Section 14. Testimony during appropriate hours. - The
Section 10. Facilitator to pose questions to child. - court may order that the testimony of the child should be
taken during a time of day when the child is well-rested.
(a) The court may, motu proprio or upon motion, appoint
a facilitator if it determines that the child is unable to Section 15. Recess during testimony. -
understand or respond to questions asked. The facilitator The child may be allowed reasonable periods of relief
may be a child psychologist, psychiatrist, social worker, while undergoing direct, cross, re-direct, and re-cross
guidance counselor, teacher, religious leader, parent, or examinations as often as necessary depending on his
relative. developmental level.
(b) If the court appoints a facilitator, the respective Section 16. Testimonial aids. - The court shall permit a
counsels for the parties shall pose questions to the child child to use dolls, anatomically-correct dolls, puppets,
only through the facilitator. The questions shall either be drawings, mannequins, or any other appropriate
in the words used by counsel or, if the child is not likely to demonstrative device to assist him in his testimony.
understand the same, in words that are comprehensible
to the child and which convey the meaning intended by Section 17. Emotional security item. - While testifying, a
counsel. child shall be allowed to have an item of his own choosing
such as a blanket, toy, or doll.
(c) The facilitator shall take an oath or affirmation to pose
questions to the child according to the meaning Section 18. Approaching the witness. - The court may
intended by counsel. prohibit a counsel from approaching a child if it appears
that the child is fearful of or intimidated by the counsel.
Section 11. Support persons. -
Section 19. Mode of questioning. - The court shall
(a) A child testifying at a judicial proceeding or making a exercise control over the questioning of children so as to
deposition shall have the right to be accompanied by one (1) facilitate the ascertainment of the truth, (2) ensure that
or two persons of his own choosing to provide him questions are stated in a form appropriate to the
emotional support. developmental level of the child, (3) protect children from
(1) Both support persons shall remain within the view of harassment or undue embarrassment, and (4) avoid
the child during his testimony. waste of time.
(2) One of the support persons may accompany the child The court may allow the child witness to testify in a
to the witness stand, provided the support person does narrative form.
not completely obscure the child from the view of the Section 20. Leading questions. - The court may allow
opposing party, judge, or hearing officer. leading questions in all stages of examination of a child if
(3) The court may allow the support person to hold the the same will further the interests of justice.
hand of the child or take other appropriate steps to Section 21. Objections to questions. - Objections to
provide emotional support to the child in the course of questions should be couched in a manner so as not to
the proceedings. mislead, confuse, frighten, or intimidate the child.
(4) The court shall instruct the support persons not to Section 22. Corroboration. - Corroboration shall not be
prompt, sway, or influence the child during his testimony. required of a testimony of a child. His testimony, if
(b) If the support person chosen by the child is also a credible by itself, shall be sufficient to support a finding of
witness, the court may disapprove the choice if it is fact, conclusion, or judgment subject to the standard of
sufficiently established that the attendance of the proof required in criminal and non-criminal cases.
support person during the testimony of the child would Section 23. Excluding the public. - When a child testifies,
the court may order the exclusion from the courtroom of


all persons, including members of the press, who do not (11) The custodial situation of the child and the attitude of
have a direct interest in the case. Such an order may be the members of his family regarding the events about
made to protect the right to privacy of the child or if the which he will testify; and
court determines on the record that requiring the child to (12) Other relevant factors, such as court atmosphere and
testify in open court would cause psychological harm to formalities of court procedure.
him, hinder the ascertainment of truth, or result in his
inability to effectively communicate due to (f) The court may order that the testimony of the child be
embarrassment, fear, or timidity. In making its order, the taken by live-link television if there is a substantial
court shall consider the developmental level of the child, likelihood that the child would suffer trauma from
the nature of the crime, the nature of his testimony testifying in the presence of the accused, his counsel or
regarding the crime, his relationship to the accused and the prosecutor as the case may be. The trauma must be
to persons attending the trial, his desires, and the of a kind which would impair the completeness or
interests of his parents or legal guardian. The court may, truthfulness of the testimony of the child.
motu proprio, exclude the public from the courtroom if (g) If the court orders the taking of testimony by live-link
the evidence to be produced during trial is of such television:
character as to be offensive to decency or public morals.
The court may also, on motion of the accused, exclude (1) The child shall testify in a room separate from the
the public from trial, except court personnel and the courtroom in the presence of the guardian ad litem; one
counsel of the parties. or both of his support persons; the facilitator and
interpreter, if any; a court officer appointed by the court;
Section 24. Persons prohibited from entering and persons necessary to operate the closed-circuit television
leaving courtroom. - The court may order that persons equipment; and other persons whose presence are
attending the trial shall not enter or leave the courtroom determined by the court to be necessary to the welfare
during the testimony of the child. and well-being of the child;
Section 25. Live-link television testimony in criminal (2) The judge, prosecutor, accused, and counsel for the
cases where the child is a victim or a witness. - parties shall be in the courtroom. The testimony of the
(a) The prosecutor, counsel or the guardian ad litem may child shall be transmitted by live-link television into the
apply for an order that the testimony of the child be courtroom for viewing and hearing by the judge,
taken in a room outside the courtroom and be televised prosecutor, counsel for the parties, accused, victim, and
to the courtroom by live-link television. the public unless excluded.
Before the guardian ad litem applies for an order under (3) If it is necessary for the child to identify the accused at
this section, he shall consult the prosecutor or counsel trial, the court may allow the child to enter the courtroom
and shall defer to the judgment of the prosecutor or for the limited purpose of identifying the accused, or the
counsel regarding the necessity of applying for an order. court may allow the child to identify the accused by
In case the guardian ad ltiem is convinced that the observing the image of the latter on a television monitor.
decision of the prosecutor or counsel not to apply will (4) The court may set other conditions and limitations on
cause the child serious emotional trauma, he himself may the taking of the testimony that it finds just and
apply for the order. appropriate, taking into consideration the best interests
The person seeking such an order shall apply at least five of the child.
(5) days before the trial date, unless the court finds on the (h) The testimony of the child shall be preserved on
record that the need for such an order was not reasonably videotape, digital disc, or other similar devices which shall
foreseeable. be made part of the court record and shall be subject to a
(b) The court may motu proprio hear and determine, with protective order as provided in section 31(b).
notice to the parties, the need for taking the testimony of Section 26. Screens, one-way mirrors, and other
the child through live-link television. devices to shield child from accused. -
(c) The judge may question the child in chambers, or in (a) The prosecutor or the guardian ad litem may apply for
some comfortable place other than the courtroom, in the an order that the chair of the child or that a screen or
presence of the support person, guardian ad litem, other device be placed in the courtroom in such a
prosecutor, and counsel for the parties. The questions of manner that the child cannot see the accused while
the judge shall not be related to the issues at trial but to testifying. Before the guardian ad litem applies for an
the feelings of the child about testifying in the courtroom. order under this section, he shall consult with the
(d) The judge may exclude any person, including the prosecutor or counsel subject to the second and third
accused, whose presence or conduct causes fear to the paragraphs of section 25(a) of this Rule. The court shall
child. issue an order stating the reasons and describing the
approved courtroom arrangement.
(e) The court shall issue an order granting or denying the
use of live-link television and stating the reasons therefor. (b) If the court grants an application to shield the child
It shall consider the following factors: from the accused while testifying in the courtroom, the
courtroom shall be arranged to enable the accused to
(1) The age and level of development of the child; view the child.
(2) His physical and mental health, including any mental Section 27. Videotaped deposition. -
or physical disability;
(a) The prosecutor, counsel, or guardian ad litem may
(3) Any physical, emotional, or psychological injury apply for an order that a deposition be taken of the
experienced by him; testimony of the child and that it be recorded and
(4) The nature of the alleged abuse; preserved on videotape. Before the guardian ad litem
(5) Any threats against the child; applies for an order under this section, he shall consult
with the prosecutor or counsel subject to the second and
(6) His relationship with the accused or adverse party; third paragraphs of section 25(a).
(7) His reaction to any prior encounters with the accused (b) If the court finds that the child will not be able to
in court or elsewhere; testify in open court at trial, it shall issue an order that the
(8) His reaction prior to trial when the topic of testifying deposition of the child be taken and preserved by
was discussed with him by parents or professionals; videotape.
(9) Specific symptoms of stress exhibited by the child in (c) The judge shall preside at the videotaped deposition of
the days prior to testifying; a child. Objections to deposition testimony or evidence, or
parts thereof, and the grounds for the objection shall be
(10) Testimony of expert or lay witnesses; stated and shall be ruled upon at the time of the taking of


the deposition. The other persons who may be permitted (2) The general character of the declarant child;
to be present at the proceeding are: (3) Whether more than one person heard the statement;
(1) The prosecutor; (4) Whether the statement was spontaneous;
(2) The defense counsel; (5) The timing of the statement and the relationship
(3) The guardian ad litem; between the declarant child and witness;
(4) The accused, subject to subsection (e); (6) Cross-examination could not show the lack of
(5) Other persons whose presence is determined by the knowledge of the declarant child;
court to be necessary to the welfare and well-being of the (7) The possibility of faulty recollection of the declarant
child; child is remote; and
(6) One or both of his support persons, the facilitator and (8) The circumstances surrounding the statement are
interpreter, if any; such that there is no reason to suppose the declarant
(7) The court stenographer; and child misrepresented the involvement of the accused.
(8) Persons necessary to operate the videotape (c) The child witness shall be considered unavailable
equipment. under the following situations:
(d) The rights of the accused during trial, especially the (1) Is deceased, suffers from physical infirmity, lack of
right to counsel and to confront and cross-examine the memory, mental illness, or will be exposed to severe
child, shall not be violated during the deposition. psychological injury; or
(e) If the order of the court is based on evidence that the (2) Is absent from the hearing and the proponent of his
child is unable to testify in the physical presence of the statement has been unable to procure his attendance by
accused, the court may direct the latter to be excluded process or other reasonable means.
from the room in which the deposition is conducted. In (d) When the child witness is unavailable, his hearsay
case of exclusion of the accused, the court shall order that testimony shall be admitted only if corroborated by other
the testimony of the child be taken by live-link television admissible evidence.
in accordance with section 25 of this Rule. If the accused Section 29. Admissibility of videotaped and
is excluded from the deposition, it is not necessary that audiotaped in-depth investigative or disclosure
the child be able to view an image of the accused. interviews in child abuse cases. - The court may admit
(f) The videotaped deposition shall be preserved and videotape and audiotape in-depth investigative or
stenographically recorded. The videotape and the disclosure interviews as evidence, under the following
stenographic notes shall be transmitted to the clerk of conditions:
the court where the case is pending for safekeeping and (a) The child witness is unable to testify in court on
shall be made a part of the record. grounds and under conditions established under section
(g) The court may set other conditions on the taking of 28 (c).
the deposition that it finds just and appropriate, taking (b) The interview of the child was conducted by duly
into consideration the best interests of the child, the trained members of a multidisciplinary team or
constitutional rights of the accused, and other relevant representatives of law enforcement or child protective
factors. services in situations where child abuse is suspected so as
(h) The videotaped deposition and stenographic notes to determine whether child abuse occurred.
shall be subject to a protective order as provided in (c) The party offering the videotape or audiotape must
section 31(b). prove that:
(i) If, at the time of trial, the court finds that the child is (1) the videotape or audiotape discloses the identity of all
unable to testify for a reason stated in section 25(f) of this individuals present and at all times includes their images
Rule, or is unavailable for any reason described in section and voices;
4(c), Rule 23 of the 1997 Rules of Civil Procedure, the court
may admit into evidence the videotaped deposition of (2) the statement was not made in response to
the child in lieu of his testimony at the trial. The court questioning calculated to lead the child to make a
shall issue an order stating the reasons therefor. particular statement or is clearly shown to be the
statement of the child and not the product of improper
(j) After the original videotaping but before or during trial, suggestion;
any party may file any motion for additional videotaping
on the ground of newly discovered evidence. The court (3) the videotape and audiotape machine or device was
may order an additional videotaped deposition to receive capable of recording testimony;
the newly discovered evidence. (4) the person operating the device was competent to
Section 28. Hearsay exception in child abuse cases. - A operate it;
statement made by a child describing any act or (5) the videotape or audiotape is authentic and correct;
attempted act of child abuse, not otherwise admissible and
under the hearsay rule, may be admitted in evidence in
any criminal or non-criminal proceeding subject to the (6) it has been duly preserved.
following rules: The individual conducting the interview of the child shall
(a) Before such hearsay statement may be admitted, its be available at trial for examination by any party. Before
proponent shall make known to the adverse party the the videotape or audiotape is offered in evidence, all
intention to offer such statement and its particulars to parties shall be afforded an opportunity to view or listen
provide him a fair opportunity to object. If the child is to it and shall be furnished a copy of a written transcript
available, the court shall, upon motion of the adverse of the proceedings.
party, require the child to be present at the presentation The fact that an investigative interview is not videotaped
of the hearsay statement for cross-examination by the or audiotaped as required by this section shall not by
adverse party. When the child is unavailable, the fact of itself constitute a basis to exclude from evidence
such circumstance must be proved by the proponent. out-of-court statements or testimony of the child. It may,
(b) In ruling on the admissibility of such hearsay however, be considered in determining the reliability of
statement, the court shall consider the time, content and the statements of the child describing abuse.
circumstances thereof which provide sufficient indicia of Section 30. Sexual abuse shield rule. -
reliability. It shall consider the following factors:
(1) Whether there is a motive to lie;


(a) Inadmissible evidence. - The following evidence is not (5) No tape shall be given, loaned, sold, or shown to any
admissible in any criminal proceeding involving alleged person except as ordered by the court.
child sexual abuse: (6) Within thirty (30) days from receipt, all copies of the
(1) Evidence offered to prove that the alleged victim tape and any transcripts thereof shall be returned to the
engaged in other sexual behavior; and clerk of court for safekeeping unless the period is
(2) Evidence offered to prove the sexual predisposition of extended by the court on motion of a party.
the alleged victim. (7) This protective order shall remain in full force and
(b) Exception. - Evidence of specific instances of sexual effect until further order of the court.
behavior by the alleged victim to prove that a person (c) Additional protective orders. - The court may, motu
other than the accused was the source of semen, injury, proprio or on motion of any party, the child, his parents,
or other physical evidence shall be admissible. legal guardian, or the guardian ad litem, issue additional
A party intending to offer such evidence must: orders to protect the privacy of the child.
(1) File a written motion at least fifteen (15) days before (d) Publication of identity contemptuous. - Whoever
trial, specifically describing the evidence and stating the publishes or causes to be published in any format the
purpose for which it is offered, unless the court, for good name, address, telephone number, school, or other
cause, requires a different time for filing or permits filing identifying information of a child who is or is alleged to be
during trial; and a victim or accused of a crime or a witness thereof, or an
immediate family of the child shall be liable to the
(2) Serve the motion on all parties and the guardian ad contempt power of the court.
litem at least three (3) days before the hearing of the
motion. (e) Physical safety of child; exclusion of evidence. - A child
has a right at any court proceeding not to testify
Before admitting such evidence, the court must conduct regarding personal identifying information, including his
a hearing in chambers and afford the child, his guardian name, address, telephone number, school, and other
ad litem, the parties, and their counsel a right to attend information that could endanger his physical safety or his
and be heard. The motion and the record of the hearing family. The court may, however, require the child to testify
must be sealed and remain under seal and protected by a regarding personal identifying information in the interest
protective order set forth in section 31(b). The child shall of justice.
not be required to testify at the hearing in chambers
except with his consent. (f) Destruction of videotapes and audiotapes. - Any
videotape or audiotape of a child produced under the
Section 31. Protection of privacy and safety. - provisions of this Rule or otherwise made part of the
(a) Confidentiality of records. - Any record regarding a court record shall be destroyed after five (5) years have
child shall be confidential and kept under seal. Except elapsed from the date of entry of judgment.
upon written request and order of the court, a record (g) Records of youthful offender. - Where a youthful
shall only be released to the following: offender has been charged before any city or provincial
(1) Members of the court staff for administrative use; prosecutor or before any municipal judge and the
charges have been ordered dropped, all the records of the
(2) The prosecuting attorney; case shall be considered as privileged and may not be
(3) Defense counsel; disclosed directly or indirectly to anyone for any purpose
whatsoever.
(4) The guardian ad litem;
Where a youthful offender has been charged and the
(5) Agents of investigating law enforcement agencies; court acquits him, or dismisses the case or commits him
and to an institution and subsequently releases him pursuant
(6) Other persons as determined by the court. to Chapter 3 of P. D. No. 603, all the records of his case
(b) Protective order. - Any videotape or audiotape of a shall also be considered as privileged and may not be
child that is part of the court record shall be under a disclosed directly or indirectly to anyone except to
protective order that provides as follows: determine if a defendant may have his sentence
suspended under Article 192 of P. D. No. 603 or if he may
(1) Tapes may be viewed only by parties, their counsel, be granted probation under the provisions of P. D. No. 968
their expert witness, and the guardian ad litem. or to enforce his civil liability, if said liability has been
(2) No tape, or any portion thereof, shall be divulged by imposed in the criminal action. The youthful offender
any person mentioned in sub-section (a) to any other concerned shall not be held under any provision of law to
person, except as necessary for the trial. be guilty of perjury or of concealment or
misrepresentation by reason of his failure to acknowledge
(3) No person shall be granted access to the tape, its the case or recite any fact related thereto in response to
transcription or any part thereof unless he signs a written any inquiry made to him for any purpose.
affirmation that he has received and read a copy of the
protective order; that he submits to the jurisdiction of the "Records" within the meaning of this subsection shall
court with respect to the protective order; and that in include those which may be in the files of the National
case of violation thereof, he will be subject to the Bureau of Investigation and with any police department
contempt power of the court. or government agency which may have been involved in
the case. (Art. 200, P. D. No. 603)
(4) Each of the tape cassettes and transcripts thereof
made available to the parties, their counsel, and Section 32. Applicability of ordinary rules. - The
respective agents shall bear the following cautionary provisions of the Rules of Court on deposition, conditional
notice: examination of witnesses, and evidence shall be applied
in a suppletory character.
"This object or document and the contents thereof are
subject to a protective order issued by the court in (case Section 33. Effectivity. - This Rule shall take effect on
title) , (case number) . They shall not be examined, December 15, 2000 following its publication in two (2)
inspected, read, viewed, or copied by any person, or newspapers of general circulation.
disclosed to any person, except as provided in the
protective order. No additional copies of the tape or any
of its portion shall be made, given, sold, or shown to any A.M. No. 04-10-11-SC | RULE ON VIOLENCE
person without prior court order. Any person violating AGAINST WOMEN AND THEIR CHILDREN
such protective order is subject to the contempt power of
the court and other penalties prescribed by law."
October 19, 2004


(2) acts causing or attempting to cause the offended

SECTION 1. Applicability. - This Rule shall apply to party to engage in any sexual activity by force, threat of
petitions for protection orders in cases of violence against force, physical or other harm or threat of physical or other
women and their children under R.A. No. 9262, otherwise harm or coercion; and
known as the "Anti-Violence Against Women and Their (3) prostitution of the woman or her child.
Children Act of 2004." (g) "Psychological violence" refers to acts or omissions
The Rules of Court shall apply suppletorily. causing or likely to cause mental or emotional suffering of
SEC. 2. Construction. - This Rule shall be liberally the offended party such as intimidation, harassment,
construed to promote its objectives pursuant to the stalking, damage to property, public ridicule or
principles of restorative justice. humiliation, repeated verbal abuse and marital infidelity.
It includes causing or allowing the offended party to
SEC. 3. Objectives. - The objectives of this Rule are: witness the physical, sexual or psychological abuse; of a
(a) To protect the rights of the family and its members member of the family to which the offended party
particularly women and children from violence and belongs, or to witness pornography in any form or .to
threats to their personal safety and security; witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody or visitation of
(b) To enable the courts to manage and monitor cases common children.
involving violence against women and children and the
members of their family or household; (h) "Economic abuse" refers to acts that make or attempt
to make a woman financially dependent which includes
(c) To prevent any disruption in the daily lives of the the following:
offended parties and assist them to regain control of their
lives; (1) withdrawing of financial support or preventing the
offended party from engaging in any legitimate
(d) To ensure that treatment is provided for the offended profession, occupation, business or activity, except in
parties and offenders; and cases where the other spouse or partner objects on valid,
(e) To hold the offenders accountable for their acts. serious and moral grounds as defined in Article 73 of the
Family Code;
SEC. 4. Definitions. - As used in this Rule:
(2) depriving or threatening to deprive financial resources
(a) "Violence against women and their children" refers to and the right to the use and enjoyment of the conjugal,
any act or a series of acts committed by any person community or property owned in common;
against a woman who is his wife, former wife, or a woman
with whom the person has or had a dating or sexual (3) destroying household property; and
relationship, or with whom he has a common child, or (4) controlling the offended party's own money or
against her child whether legitimate or illegitimate, property or solely controlling the conjugal money or
within or without the family abode, which result in or is property.
likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such (i) "Stalking" refers to an intentional act of knowingly and
acts, battery, assault, coercion, harassment or arbitrary without lawful justification, following the woman or her
deprivation of liberty. child or placing the woman or her child under
surveillance directly or indirectly or through a
(b) "Children" refers to persons below eighteen years of combination thereof.
age or older but are unable to fully take care of
themselves from abuse, neglect, cruelty, exploitation or (j) "Sexual relationship" refers to a single sexual act which
discrimination because of a physical or mental disability may or may not result in the bearing of a common child;
or condition. It includes the biological children of the (k) "Program of intervention for offended parties" refers to
offended party and other children under her care. a specialized program that provides advocacy, shelter,
(c) "Members of the family" shall include husband and crisis intervention, social services, treatment, counseling,
wife, parents and children, the ascendants or education, or training.
descendants, brothers and sisters, whether of the full or (I) "Program of intervention for offenders" refers to
half blood, whether living together or not. court-ordered treatment of offenders given by agencies
(d) "Members of the household" shall include: or persons who have demonstrated expertise and
experience in anger control, management of alcohol,
(1) Spouses, common-law spouses, former spouses, substance abuse; and other forms of intervention to stop
whether living together or not, and their children; violence,
(2) Relatives by consanguinity or affinity up to the sixth (m) "Safe Place or Shelter" refers to any home or
civil degree, including stepparents and stepchildren living institution managed by the Department of Social Welfare
together in the same house; and and Development (DSWD) or by any agency or voluntary
(3) Domestic helpers in the service of the employer, organization accredited by the DSWD or any other
whose services are usually necessary or desirable for the suitable place the resident of which is willing to receive
maintenance and enjoyment of the home, who attend to the offended party temporarily.
the personal comfort and convenience of the members of (n) "Safety plan" refers to a written plan of action prepared
the household. by a social worker and approved by the court to secure
(e) "Battery" refers to an act of inflicting physical harm the protection of the offended party.
upon the woman or her child resulting in physical and (o) "Protection order" is an order issued by the court to
psychological or emotional distress. prevent further acts of violence against women and their
(f) "Sexual violence" refers to an act which is sexual in children, their family or household members, and to
nature committed against a woman or her child. It grant other necessary relief. Its purpose is to safeguard
includes the following: the offended parties from further harm, minimize any
disruption in their daily life and facilitate the opportunity
(1) rape, sexual harassment, acts of lasciviousness, treating and ability to regain control of their life.
a woman or her child as a sex object, making demeaning
and sexually suggestive remarks, physically attacking the (p) "Barangay protection order" (BPO) refers to the
sexual parts of the victim's body, forcing the offended protection order issued by the Punong Barangay, or in his
party to watch obscene publications and indecent shows absence the Barangay Kagawad, ordering the perpetrator
or to do indecent acts or make films thereof, forcing the to desist from committing acts of violence against the
wife and mistress or lover to live in the conjugal home or family or household members particularly women and
sleep together in the same room with the abuser; their children under Sections 5a and 5b of R.A. No. 9262.


(q) "Temporary protection order" (TPO) refers to the (4) Destroying the property and personal belongings or
protection order issued by the court on the filing of the inflicting harm to animals or pets of the woman or child;
application and after ex parte determination of its need. It and
may also be issued in the course of a hearing, motu (5) Engaging in any form of harassment or violence; or
proprio or upon motion.
(g) Causing mental or emotional anguish, public ridicule
(r) "Permanent protection order" (PPO) refers to the or humiliation to the woman or her child, including, but
protection order issued by the court after notice and not limited to, repeated verbal and emotional abuse, and
hearing. denial of financial support or custody of a minor child or
(s) "Live-link television testimony" refers to the testimony denial of access to the woman's child.
of a child, who is an eyewitness or offended party in SEC. 6. Remedies of offended party. - The offended
violence against women and their children, taken in a party may file a separate petition for protection order
room outside the courtroom and televised to the without claiming damages. The offended party may also
courtroom by live-link television, as provided for in pursue other remedies in accordance with Part II of this
Section 25 of the Rule on Examination of a Child Witness. Rule by the filing of any of the following:
It may also refer to the live-link testimony of an adult
female victim of violence, which may be allowed at the (a) Criminal action;
discretion of the court. (b) Criminal action with reservation of a separate civil
SEC. 5. Acts of violence against women and their action; or
children under R.A. No. 9262. - Violence against women (c) Civil action for damages.
and their children is committed through any of the
following acts:
(a) Causing, threatening or attempting to cause physical Part I PETITION FOR PROTECTION ORDER
harm to the woman or her child; SEC. 7. Form of petition. - A petition for protection order
(b) Placing the woman or her child in fear of imminent shall be in writing, signed and verified by the petitioner. It
physical harm; shall be accompanied by a certificate of non-forum
shopping which the petitioner must sign personally.
(c) Attempting to compel or compelling the woman or
her child to engage in conduct which the woman or her SEC. 8. Who may file petition. - A petition for protection
child has the right to desist from or to desist from order may be filed by any of the following:
conduct which the woman or her child has the right to (a) The offended party;
engage in, or attempting to restrict .or restricting the
(b) Parents or guardians of the offended party;
woman's or her child's freedom of movement or conduct
by force or threat of force, physical or other harm or threat (c) Ascendants, descendants or collateral relatives of the
of physical on other harm, or intimidation directed offended party within the fourth civil degree of
against the woman or her child. consanguinity or affinity;
This shall include, but is not limited to, the following acts (d) Officers or social workers of the Department of Social
committed with the purpose or effect of controlling or Welfare and Development (DSWD) or social workers of
restricting the movement or conduct of the woman or local government units (LGUs);
her child: (e) Police officers, preferably those in charge of women
(1) Threatening to deprive or actually depriving the and children's desks;
woman or her child of custody or access to her/his family; (f) Punong Barangay or Barangay Kagawad;
(2) Depriving or threatening to deprive the woman or her (g) Lawyer, counselor, therapist or healthcare provider of
children of financial support legally due her or her family, the petitioner; or
or deliberately providing the woman's children
insufficient financial support; (h) At least two concerned, responsible citizens of the
place where the violence against women and their
(3) Depriving or threatening to deprive the woman or her children occurred and who have personal knowledge of
child of a legal right; and the offense committed.
(4) Preventing the woman from engaging in any The filing of a petition for protection order by the
legitimate profession, occupation, business or activity offended party suspends the right of all other authorized
except in cases where the spouse or partner on valid, parties to file similar petitions. A petition filed by the
serious and moral grounds, or controlling the victim's offended party after the filing of a similar petition by an
own money or property, or solely controlling the conjugal authorized party shall not be dismissed but shall be
or common money or property; consolidated with the petition filed earlier.
(d) Inflicting or threatening to inflict physical harm on SEC. 9. Where to file the petition. - The verified petition
oneself for the purpose of controlling her actions or for protection order may be filed with the Family Court of
decisions; the place where the offended party resides. If there is no
(e) Causing or attempting to cause the woman or her existing Family Court, it may be filed with the regional
child to engage in any sexual activity which does not trial court, metropolitan trial court, municipal trial court in
constitute rape, by force or threat of force, physical harm, cities, municipal trial court or municipal circuit trial court
or through intimidation directed against the woman or with territorial jurisdiction over the place of residence of
her child or her/his immediate family; the offended party.
(f) Engaging in purposeful, knowing, or reckless conduct, SEC. 10. Contents of the petition. - The petition filed by
personally or through another, that alarms or causes the offended party shall contain the following:
substantial emotional or psychological distress to the (a) The name, age and residence of the offended party;'
woman or her child.
(b) The name, age and residence of the respondent;
This shall include, but is not limited to, the following acts:
(c) A description of the relationship between the offended
(1) Stalking or following the woman or her child in public party and the respondent;
or private places;
(d) A complete description of the alleged act constituting
(2) Peering in the window or lingering outside the violence including the date, time and place of occurrence;
residence of the woman or her child;
(e) A request for counsel and the reasons for such;
(3) Entering or remaining in the dwelling or on the
property of the woman or her child against her/his will; (f) A request for waiver of application fees;


(g) The relief from violence prayed for, including (i) Prohibiting the respondent from carrying or
protection orders to cover any designated family or possessing any firearm or deadly weapon and ordering
household member who consents to such relief. him to surrender the same to the court for appropriate
If the petitioner is not the offended party, the petition disposition, including revocation of license and
shall be accompanied by an affidavit of the petitioner disqualification to apply for any license to carry or possess
attesting to the following: a firearm. If the respondent is .a law enforcement agent,
the court shall order him to surrender his firearm and
(a) facts showing the authority of the petitioner to file the shall direct the appropriate authority to investigate him
petition; and take appropriate action thereon;
(b) circumstances of the abuse suffered by the offended (j) Directing the DSWD or any appropriate agency to
party; and prepare a program of intervention for the offended party
(c) circumstances of consent given by or refusal to that provides advocacy, temporary shelter, crisis
consent of the offended party to file the petition. intervention, treatment, therapy, counseling, education,
training and other social services that the offended party
When disclosure of the address will pose danger to the may need;
life of the offended party, it shall be so stated in the
petition. In such a case, the petitioner shall attest that the (k) Requiring the respondent to receive professional
offended party is; residing in the municipality or city over counseling from agencies or persons who have
which the court has territorial jurisdiction, and shall demonstrated expertise and experience in anger control,
provide a mailing address for purposes of service management of alcohol, substance abuse and other
processing. forms of intervention to stop violence. The program of
intervention for offenders must be approved by the court.
SEC. 11. Reliefs available to the offended party. - The The agency or person is required to provide the court
protection order shall include any, some or all of the with regular reports of the progress and result of
following reliefs: professional counseling, for which the respondent may
(a) Prohibiting the respondent from threatening to be ordered to pay; and
commit or committing, personally or through another, (I) Awarding the offended party actual damages caused
acts of violence against the offended party; by the violence inflicted, including, but not limited to,
(b) Prohibiting the respondent from harassing, annoying, property damage, medical expenses, child care expenses
telephoning, contacting or otherwise communicating in and loss of income; and compensatory, moral, and
any form with the offended party, either directly or exemplary damages, subject to Sections 26a and 35 of
indirectly; this Rule.
(c) Removing and excluding the respondent from the The court may grant such other forms of relief to protect
residence of the offended party, regardless of ownership the offended party and any designated family or
of the residence, either temporally for the purpose of household member who consents to such relief.
protecting the offended party, or permanently where no SEC. 12. Duties of the clerk of court. - The clerk of court
property rights are violated. If the respondent must shall assist the petitioner or the offended party by:
remove personal effects from the residence, the court
shall direct a law enforcement agent to accompany the (a) Communicating in a language understood by the
respondent to the residence, remain there until the petitioner;
respondent has gathered his things and escort him from (b) Providing the petitioner with a standard petition form
the residence; written in English with translation into the major local
(d) Requiring the respondent to stay away from the dialects, including the instructions for its
offended party and any designated family or household accomplishment;
member at a distance specified by the court; (c) Ensuring the privacy of the offended party to the
(e) Requiring the respondent to stay away from the extent practicable while the form is being accomplished;
residence, school, place of employment or any specified (d) Advising the petitioner on the availability of legal
place frequented regularly by the offended party and any assistance from the Public Attorney's Office of the
designated family or household member; Department of Justice or any public legal assistance
(f) Directing lawful possession and use by the offended office;
party of an automobile and other essential personal (e) Advising the petitioner on entitlement of support
effects, regardless of ownership, and directing the services from the DSWD and LGUs;
appropriate law enforcement officer to accompany the
offended party to the residence of the parties to ensure (f) Advising the petitioner on the availability of an affidavit
that the offended party is safely restored to the of indigency in lieu of payment of the filing fee;
possession of the automobile and other essential (g) Providing the offended party with a certified copy of
personal effects; the protection order as well as giving the necessary
(g) Ordering temporary or permanent custody of the information regarding the process for its service and
child/children with the offended party, taking into enforcement;
consideration the best interests of the child. An offended (h) Making available informative materials on violence
party who is suffering from Battered Woman Syndrome against women and their children, including their rights
shall not be disqualified from having custody of her as victims; and
children. In no case shall custody of minor children be (i) Informing the offended party that compensation is
given to the batterer of a woman who is suffering from available from the Department of Justice Board of Claims
Battered Woman Syndrome; in accordance with the provisions of R.A. No. 7309 (1992),
(h) Directing the respondent to provide support 'o the otherwise known as "An Act Creating a Board of Claims
woman and/or her child, if entitled to legal import. Under the Department of Justice for Victims of Unjust
Notwithstanding other laws to the contrary, the court Imprisonment or Detention and Victims of Violent Crime
shall order an appropriate percentage of the income or and For Other Purposes."
salary of the respondent to be withheld regularly by his SEC. 13. Exemption from payment of docket fee and
employer and to automatically remit it directly to the other expenses. - If the offended party is an indigent or
offended party. Failure to withhold, remit or any delay in there is an immediate necessity due to imminent danger
the remittance of support to the offended party without or threat of danger to act on a petition for a protection
justifiable cause shall render the respondent or his order, the court shall accept the petition without
employer liable for indirect contempt of court; payment of the filing fee and other fees and of transcripts
of stenographic notes.


SEC. 14. Raffle in multi-sala courts. - The petition filed in (e) Assisting the offended party in removing essential
a multi-sala court shall be raffled without delay. personal effects from the residence.
If an action contains an application for a protection order, The law enforcement officer shall submit a written report
it shall be the subject of a special raffle. to the court within twenty-four hours from receipt setting
SEC. 15. Ex parte issuance of temporary protection forth compliance with such order.
order. - (a) If the court is satisfied from the verified SEC. 19. Duties of social worker. - The social worker
allegations of the petition that there is reasonable ground assigned by the court shall assist the petitioner seeking a
to believe that an imminent danger of violence against protection order by:
women and their children exists or is about to recur, the (a) Preparing a case study and a program of intervention
court may issue ex parte a temporary protection order for the offended party, including her children, and
which shall be effective for thirty days from service on the referring them to DSWD havens, crisis intervention
party or person sought to be enjoined. centers and private entities rendering appropriate social
(b) The temporary protection order shall include notice of services;
the date of the preliminary conference and hearing on (b) Formulating a safety plan which shall be approved by
the merits. The following statements must be printed in the court; and
boldfaced type or in capital letters on the protection order
issued by the court: (c) Monitoring the measures indicated in the protection
order.
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW.
SEC. 20. Opposition to petition. - (a) The respondent
"IF THE RESPONDENT APPEARS WITHOUT COUNSEL ON may file an opposition to the petition which he himself
THE DATE OF THE PRELIMINARY CONFERENCE AND shall verify. It must be accompanied by the affidavits of
HEARING ON THE MERITS ON THE ISSUANCE OF .A witnesses and shall show cause why a temporary or
PERMANENT PROTECTION ORDER, THE COURT SHALL permanent protection order should not be issued.
NOT RESCHEDULE OR POSTPONE THE PRELIMINARY
CONFERENCE AND HEARING BUT SHALL APPOINT A (b) Respondent shall not include in the opposition any
LAWYER FOR THE RESPONDENT AND IMMEDIATELY counterclaim, cross-claim or third-party complaint, but
PROCEED WITH SAID HEARING. any cause of action which could be the subject thereof
may be litigated in a separate civil action.
"IF THE RESPONDENT FAILS TO APPEAR ON THE DATE
OF THE PRELIMINARY CONFERENCE AND HEARING ON SEC. 21. Effect of failure to file an opposition. - If the
THE MERITS DESPITE PROPER NOTICE, THE COURT respondent fails to file an opposition to the petition
SHALL ALLOW EX PARTE PRESENTATION OF EVIDENCE within the period above provided, the court, motu proprio
BY THE PETITIONER AND RENDER JUDGMENT ON THE or on motion of the petitioner, shall issue the
BASIS OF THE PLEADINGS AND EVIDENCE ON RECORD. corresponding order as may be warranted by the facts
NO DELEGATION OF THE RECEPTION OF EVIDENCE alleged in the petition.
SHALL BE ALLOWED." SEC. 22. Prohibited pleadings and motions. - The
(c) The court shall likewise order the immediate issuance following pleadings, motions or petitions shall not be
of a notice requiring the respondent to file an opposition allowed:
within five days from service. It shall further order service (a) Motion to dismiss the petition except on the ground of
of (1) the notices to file opposition and of dates of the lack of jurisdiction over the subject matter or over the
preliminary conference and hearing, (2) the protection parties;
order, and (3) copy of the petition, upon the respondent
by the court sheriff, or any person authorized by the (b) Motion for extension of time to file opposition,
court, who may obtain the assistance of law enforcement affidavit, position paper and other pleadings;
officers. (c) Dilatory motion for postponement;
SEC. 16. Notice where no temporary protection order is (d) Motion for a bill of particulars;
issued ex parte. - Where no temporary protection order
is issued ex parte, the clerk of court shall forthwith issue (e) Third-party complaint;
the corresponding notice to the respondent requiring (f) Reply;
him to file an opposition within five days. The date of the (g) Motion to declare the respondent in default;
preliminary conference and hearing on the merits shall
be indicated on the notice. (h) Intervention;
Where the notice could not be served personally or by (i) Memorandum;
substituted service despite diligent efforts, Rule 14 of the (j) Petition for certiorari, mandamus or prohibition
Rules of Court shall apply as far as practicable. against any interlocutory order issued by the court;
SEC. 17. Enforceability of protection order. - The (k) Motion for new trial, or for reconsideration of a
protection order issued by the court shall be enforceable protection order, or for reopening of trial; and
anywhere in the Philippines. Violation of the protection
order shall be punishable by a fine ranging from Five (I) Petition for relief from judgment.
Thousand (P5.000.00) Pesos to Fifty Thousand SEC. 23. Preliminary conference. -
(P50,000.00) Pesos or imprisonment of six months or
both. (a) When conducted. - A preliminary conference, which is
mandatory, shall be held on the date indicated in the
SEC. 18. Duties of the law enforcement officer. - Upon notice.
the receipt of the protection order, the law enforcement
officer shall use all reasonable means to enforce the order (b) Notice.—The notice shall be served the parties,
and prevent further violence, such as by: including the offended party, who shall be required to
notify their respective counsels, if any. The parties shall
(a) Taking any action necessary to provide for the safety of appear in person at the preliminary conference and
the offended party; submit their position papers setting forth the law and the
(b) Taking custody of the weapon used in the violence facts relied upon by them.
against women and their children; (c) Nature and purpose.—The court shall consider:
(c) Transporting or obtaining transportation for the (1) The propriety of issuing a protection order. The court
offended party to a safe place; shall not deny the issuance of a protection order due to
(d) Assisting the offended party in obtaining medical the lapse of time between the act of violence and the
treatment, including transportation to a medical clinic or filing of the petition, subject to Section 24, R.A. No. 9262.
hospital; and The issuance of a barangay protection order or the


pendency of an application for a barangay protection order as may be necessary to meet the needs of the
order shall not preclude a petitioner from applying for, or parties.
the court from granting, a protection order; (c) Evidence of history of abusive conduct.—The court
(2) The simplification of the issues; and may allow the introduction of any evidence of history of
(3) Such other matters as may aid in the prompt abusive conduct of a respondent even if the same was
disposition of the petition. not directed against the victim, provided the same is
relevant.
The court shall not refer the case or any issue thereof to a
mediator, (d) Exclusion of persons from courtroom.—The court may
order the exclusion from the courtroom of all persons
(d) Prohibited compromise.—The court shall not allow who do not have a direct interest in the case. Such an
compromise on any act constituting the crime of violence order may be made if the court determines on the record
against women and their children and other prohibited that requiring a party to testify in open court:
matters, such as the following:
(1) would not enhance the ascertainment of truth;
(1) The civil status of persons;
(2) would cause the party psychological harm or inability
(2) The validity of a marriage, declaration of nullity or to effectively communicate due to embarrassment, fear
annulment of a marriage or of a legal separation; or timidity;
(3) Any ground for declaration of nullity or annulment of a (3) would violate the right of a party to privacy; or
marriage or of legal separation;
(4) would be offensive to decency or public morals.
(4) Future support;
SEC. 27. Prohibited acts. - The court hearing a petition
(5) The jurisdiction of courts; and for a protection order shall not order, direct, force or in
(6) Future legitime. any way unduly influence the applicant for a protection
order to compromise or abandon any of the reliefs sought
(e) Effect of failure to appear.— in the petition for protection under the law and this Rule.
(1) If the petitioner fails to appear personally, the petition Failure to comply with this section shall render the judge
shall be dismissed unless the counsel or a duly authorized administratively liable.
representative of the petitioner appears in court and SEC. 28. Availability of live-link television to
gives a justifiable reason for the non-appearance of the eyewitnesses or victims. - (a) The testimony of a child, as
petitioner; however, if the petition is filed by a person an eyewitness or an offended party in an act of violence
other than the offended party, it shall not be dismissed if against women and their children, may be taken by
the offended party is present and does not agree to its live-link television. The application for an order for live-link
dismissal. testimony, the factors to be considered by the court in
(2) If the respondent appears without counsel, the court granting or denying the use of live-link television and the
shall not reschedule or postpone the conference but shall procedure involved in the actual taking of the testimony
appoint a lawyer for the respondent and immediately shall be followed as provided for in Section 25 of the Rule
proceed therewith; and on Examination of a Child Witness.
(3) If the respondent has filed his opposition but fails to (b) The testimony of an adult female, victim of violence,
appear despite proper notice; the petitioner shall be may likewise be taken by live-link television, if it appears
allowed to present evidence ex parte. The court shall then that she would suffer trauma if she were to testify in the
render judgment on the basis of the pleadings and presence of the; offender or perpetrator.
evidence on record. SEC. 29. Period to decide. - (a] The court shall decide the
SEC. 24. Protection order issued after preliminary petition within thirty days after termination of the
conference. - Within five days after the termination of hearing on the merits.
the preliminary conference, the court may issue a (b) Where no hearing has been conducted, the court shall
protection order, based on the pleadings and stipulations decide the petition within ten days after the termination
or admissions made by the parties. of the preliminary conference.
SEC. 25. Order for further hearing. - In case the court SEC. 30. Judgment. - If the court finds the petition
determines the need for further hearing, it may issue an meritorious, it shall render judgment granting the
order containing the following: offended party permanent protection against acts of
(a) Facts undisputed and admitted; violence and such other necessary reliefs provided in
Section 11 of this Rule. The court shall not deny the
(b) Factual and legal issues to be resolved; issuance of a permanent protection order due to the
(c) Evidence, including objects and documents that have lapse of time between the act of violence and the filing of
been marked and will be presented; the petition, subject to Section 24, R.A. No. 9262. The
(d) Names of witnesses who will be ordered to present judgment shall be immediately executory.
their direct testimonies in the form of affidavits; and SEC. 31. Appeal. - Any aggrieved party may appeal by
(e) Schedule of the presentation of evidence by both filing a notice of appeal with the court that rendered the
parties which shall be done in one day, to the extent final order or judgment within fifteen days from notice
possible, within the 30-day period of the effectivity of the and serving a copy thereof upon the adverse party. The
temporary protection order issued. appeal shall not stay the enforcement of the final order or
judgment.
SEC. 26. Hearing. -
(a) Rule applicable. - The Revised Rule on Summary Part II APPLICATION FOR PROTECTION ORDER AS
Procedure shall apply as far as practicable.
AN INCIDENT IN A CRIMINAL OR CIVIL ACTION AND
(b) Period to hear petition.—The court shall, to the extent
possible, endeavor to conduct in one day the hearing en OTHER REMEDIES
the merits for the issuance of a permanent protection SEC. 32. Applicability to applications for protection
order. Where the court is unable to finish the hearing orders filed as incidents in civil or criminal cases. - The
within one day and the temporary protection order foregoing provisions shall also apply to applications for
issued is due to expire, it may extend or renew the protection orders filed as incidents in criminal or civil
temporary protection order for a period of thirty days actions.
each time until final judgment is rendered. The court may
SEC. 33. When petition may proceed separately from
modify the extended or renewed temporary protection
or be deemed instituted with criminal action. - (a) An
offended party may file a petition for protection order



ahead of a criminal action arising from the same act. The children shall be conducted in a manner consistent with
same shall proceed separately from the criminal action the dignity of women and their children and respect for
and shall require only a preponderance of evidence. Upon their privacy.
motion of the petitioner, the court may consolidate the Records of the cases shall be treated with utmost
petition with the criminal action. confidentiality. Whoever publishes or causes to be
(b) Where the offended party chooses to file a criminal published, in any format, the name, address, telephone
action, the petition for protection order is deemed number, school, business address, employer or other
instituted with the criminal action, unless the offended identifying information of the parties or an immediate
party reserves the right to institute it separately. family or household member, without their consent or
SEC. 34. When petition may proceed separately from without authority of the court, shall be liable for
or be deemed instituted with the civil action for contempt of court and shall suffer the penalty of one year
damages. - (a) An offended party may file a petition for imprisonment and a fine of not more than Five Hundred
protection order ahead of a civil action for damages Thousand (P500,000.00) Pesos.
arising from the same act. The same shall proceed
separately from the civil action and shall require only a Part IV BARANGAY PROTECTION ORDER
preponderance of evidence. Upon motion of the
petitioner, the court may consolidate the petition with SEC. 41. Venue. - Applications for barangay protection
the civil action. orders shall observe the following rules on venue:
(b) Where the offended party chooses to file a civil action (a) where the parties reside, in the same barangay, the
for damages, the petition for protection order is deemed dispute shall be brought for settlement in said barangay;
instituted with the civil action. (b) where the parties reside in different barangays in the
SEC. 35. Prosecution of civil action for damages. - The same city or municipality, the dispute shall be settled in
civil action for damages shall be governed by the 1997 the barangay where the respondent or any one of the
Rules of Civil Procedure. However, the offended party respondents actually resides, at the choice of the
cannot recover the same damages twice for the same act complainant;
or omission. (c) disputes arising at the workplace where the
SEC. 36. Prosecution of criminal action. - An act of contending parties are employed or at the institution
violence covered by R.A. No. 9262 constituting a criminal where such parties are enrolled for study, shall be
offense shall subject the offender to criminal brought in the barangay where such workplace or
proceedings, which shall be governed by the Revised institution is located; and
Rules of Criminal Procedure. (d) any objection relating to venue shall be raised before
Where the judgment of conviction declares that the guilt the Punong Barangay during the proceedings before
of the accused has been proved beyond reasonable him. Failure to do so shall be deemed a waiver of such
doubt, the permanent protection order shall issue as a objections.
matter of course. SEC. 42. Where to file complaint for violation of a
Where the judgment of acquittal declares that the barangay protection order. - A complaint for violation of
quantum of evidence is not enough to sustain a a barangay protection order may be filed with any
conviction beyond reasonable doubt, the court shall metropolitan trial court, municipal trial court in cities,
determine whether or not to issue a permanent municipal trial court or municipal circuit trial court that
protection order. has territorial jurisdiction over the barangay which issued
the said protection order.
Where the judgment of acquittal expressly declares that
the basis of the offender's criminal liability did not exist, a SEC. 43. Procedure. - (a) The complaint shall be
permanent protection order shall not issue. A temporary accompanied by affidavits and other evidence proving
protection order that may have been earlier issued shall the alleged violation;
be dissolved. (b) Upon receipt of the complaint, the court shall issue an
SEC. 37. Bond to keep the peace. - The court may also order requiring the accused to submit within five days his
order any person, against whom a permanent protection counter-affidavit, the affidavits of his witnesses and other
order is issued, to give a bond to keep the peace. It shall evidence in his behalf;
be the duty of said person to present two sufficient (c) If the court, upon a consideration of the complaint, the
sureties who shall undertake that such person will not counter-affidavits of the accused and other evidence
commit the violence sought to be prevented, and that in submitted by the parties, finds no cause or ground to
case such violence is committed they will pay the amount hold the accused for trial, it shall order the dismissal of
determined by the court in its judgment. The court in its the case; otherwise, it shall set the case for arraignment
discretion shall fix the duration of the bond. and trial;
(d) Violation of a barangay protection order shall be
Part III COMMON PROVISIONS punishable by imprisonment of thirty days without
prejudice to any other criminal or civil action that the
SEC. 38. Reproduction of evidence. - An order granting offended party may file for any of the acts committed;
the issuance of a permanent protection order is without and
prejudice to a trial on the merits of the criminal or civil
action involving violence against women and their (e) A judgment of violation of a barangay protection order
children. The evidence adduced during the hearing for may be appealed to the regional trial court whose
the issuance of a permanent protection order may, upon decision shall be final. An appeal from a judgment of
motion, be reproduced in the criminal or civil action violation of a barangay protection order shall not stay the
without prejudice to the cross-examination of witnesses enforcement of a protection order that might have been
and presentation of additional evidence. issued by the trial court during the trial.
SEC. 39. Jurisdiction and venue for criminal actions or SEC. 44. Issuance of protection order when warranted;
civil actions. - The Family Court shall have original and contempt of court for violation. - During trial or upon
exclusive jurisdiction over cases of violence against judgment, the trial court may motu proprio issue a
women and their children regardless of the amount of protection order when warranted. Violation of any
damages claimed. The action may also be filed with the protection order issued under this Section shall constitute
appropriate regional trial courts in places where there are contempt of court punishable under Rule 71 of the Rules
no Family Courts, at the option of the offended party. of Court, without prejudice to any other criminal or civil
action that the offended party may file for any of the acts
SEC. 40. Privacy and confidentiality of proceedings. - committed.
All hearings of cases of violence against women and their



SEC. 45. Effectivity. - This Rule shall take effect on the (c) Board — refers to the Dangerous Drugs Board under
15th day of November 2004 following its publication in a Section 77, Article IX of Republic Act No. 9165.
newspaper of general circulation not later than 30 (d) Center — means any of the treatment and
October 2004. rehabilitation centers for drug dependents referred to in
Section 75, Article VIII of Republic Act No. 9165.
A.M. No. 07-8-2-SC | THE RULE ON CHILDREN (e) Child — refers to any person above 15 years of age but
CHARGED UNDER THE COMPREHENSIVE below 18 under Section 6 of Republic Act No. 9344.
DANGEROUS DRUGS ACT OF 2002 (f) Confirmatory Test — means an analytical test using a
device, tool or equipment with a different chemical or
September 11, 2007 physical principle that is more specific which will validate
and confirm the result of the screening test.
SECTION 1. Applicability. — This Rule, together with the (g) Controlled precursors and essential chemicals —
include those listed in Tables I and II of the 1988 UN
pertinent provisions of the Rule on Juveniles in Conflict
Convention Against Illicit Traffic in Narcotic Drugs and
with the Law, the Rule on the Examination of a Child
Psychotropic Substances as enumerated in the annex
Witness, and Republic Act No. 9344 or The Juvenile
attached to Republic Act No. 9165.
Justice and Welfare Act of 2006, applies to all cases
involving children charged under Republic Act No. 9165, (h) Dangerous drugs — refer to those listed in the
otherwise known as the Comprehensive Dangerous Schedules annexed to the 1961 United Nations Single
Drugs Act of 2002. Convention on Narcotic Drugs, as amended by the 1972
Protocol, and in the Schedules annexed to the 1971 United
The Rules of Court shall apply suppletorily. Nations Single Convention on Psychotropic Substances,
SECTION 2. Objectives. — It is the policy of the State to attached as annexes to and made an integral part of
safeguard the integrity of its territory and the well-being Republic Act No. 9165.
of its citizenry, particularly children, from the harmful (i) Deliver — refers to any act of knowingly passing a
effects of dangerous drugs on their physical and mental dangerous drug or controlled precursor and essential
well-being and to defend them against acts or omissions chemical to another, personally or otherwise, and by any
detrimental to their development and preservation. means, with or without consideration.
Pursuant to this policy and the mandate of Republic Act (j) Dispense — means any act of giving away, selling or
No. 8369, also known as The Family Courts Act of 1997, distributing medicine or any dangerous drug with or
vesting exclusive jurisdiction in Family Courts to hear and without the use of prescription.
decide cases against minors charged with drug-related
offenses, the objective of this Rule is to ensure that the (k) Drug Dependence — as based on the Word Health
rights of children charged with violation of any of the Organization definition means a cluster of physiological,
offenses under The Comprehensive Dangerous Drugs Act behavioral and cognitive phenomena of variable intensity,
of 2002 are well protected, and that their interests and in which the use of a psychoactive drug takes on a high
those of their family and the community are adequately priority, thereby involving, among others, a strong desire
balanced. Towards this end, the Rule aims to: or a sense of compulsion to take the substance; and the
difficulties in controlling substance-taking behavior in
(a) provide a rule of procedure in the Family Courts or the terms of its onset, termination, or level of use.
Regional Trial Courts, as the case may be, for children
charged with any of the acts penalized under The (l) Drug Syndicate — means any organized group of two
Comprehensive Dangerous Drugs Act of 2002, taking into or more persons forming or joining together, with the
consideration their developmental age and potential to intention of committing any offense prescribed under
recover from dependence on drugs and to stop Republic Act No. 9165.
substance abuse, so that they can live productive, (m) Illegal Trafficking — means the illegal cultivation,
substance-free and crime-free lives; culture, delivery, administration, dispensation,
(b) ensure a more active and continuous judicial manufacture, sale, trading, transportation, distribution,
supervision and monitoring of the compliance by and importation, exportation and possession of any
progress of the child and family members in the dangerous drug and/or controlled precursor and essential
treatment programs and rehabilitation services provided; chemical.
and (n) Instrument — means anything that is used in or
(c) establish greater coordination among the courts, the intended to be used in any manner in the commission of
treatment community and other community-based illegal drug trafficking or related offenses.
support agencies, the faith community, the school system (o) PDEA — refers to the Philippine Drug Enforcement
and the family in responding to the needs of the child Agency.
under a holistic intervention and integration policy (p) Pusher — means any person who sells, trades,
focused on changing problem behavior rather than administers, dispenses, delivers or gives away to another,
merely punishing criminal conduct. on any terms whatsoever, or distributes, dispatches in
SECTION 3. Interpretation. — This Rule shall be construed transit or transports dangerous drugs or who acts as a
and interpreted liberally in favor of the child in conflict broker in any of such transactions, in violation of Republic
with the law, consistent with the best interest of the child, Act No. 9165.
the declared state policy, the rights of the child in conflict (q) Rehabilitation — refers to the dynamic process,
with the law and the principle of balanced and restorative including after-care and follow-up treatment, directed
justice. towards the physical, emotional/psychological, vocational,
SECTION 4. Definitions. — As used in this Rule: social and spiritual well-being, change or enhancement
of a child drug dependent to enable him/her to live
(a) Act — means Republic Act No. 9165 or The without dangerous drugs, enjoy the fullest life compatible
Comprehensive Dangerous Drugs Act of 2002. with the child's capabilities and potentials and enable
(b) Administer — means any act of introducing any him/her to become a law-abiding and productive
dangerous drug into the body of any person, with or member of the community.
without his/her knowledge, by injection, inhalation, (r) Screening Test — means a rapid drug test performed
ingestion or other means, or of committing any act of to establish potential/presumptive positive result.
indispensable assistance to a person in administering a
dangerous drug to himself/herself, unless administered
by a duly licensed practitioner for purposes of medication.


(s) Sell — means any act of giving away any dangerous SECTION 11. Treatment and Care by a DOH-Accredited
drug and/or controlled precursor and essential chemical Physician. — A child drug dependent may be placed
whether for money or any other consideration. under the care of a DOH-accredited physician if:
(t) Use — means any act of injecting, intravenously or (a) no Center is near or accessible to the residence of the
intramuscularly, of consuming, either by chewing, child; or
smoking, sniffing, eating, swallowing, drinking or
otherwise introducing into the physiological system of (b) where the child is a first-time offender and
the body, any of the dangerous drugs or controlled non-confinement in a Center will not pose a serious
precursors and essential chemicals. danger to his/her family or community.
SECTION 5. Mandatory Drug Test. — A child charged SECTION 12. Treatment Program Design. — The court
before the prosecutor's office with a criminal offense not shall direct the Center or DOH-accredited physician to
penalized by the Act, but with an imposable penalty of ensure that the treatment program designed for the
imprisonment of not less than six years and one day, shall child shall consider the following factors:
be subjected to a mandatory drug test. (a) Family history of drug or substance abuse;
SECTION 6. Screening Laboratory Test and Confirmatory (b) Personality characteristics such as low self-esteem,
Test. — A child taken into custody for alleged violation of sensation-seeking attitude, lower intellectual
the Act shall be subjected to a screening laboratory test achievement and aggressive behavior;
within twenty-four hours from the time the child was (c) Gender-based violence;
taken into custody. The apprehending officer must have
reasonable grounds to believe that the child, on account (d) Lack of family or relational attachments;
of physical signs or symptoms or other visible or outward (e) Peer pressure; or
manifestation, is under the influence of dangerous drugs.
If the result of the test is positive, it shall be challenged by (f) School or education environment.
the child personally or through his/her parents, guardian, The court shall also direct that the intervention treatment
custodian or any relative within the fourth degree of program include the active participation and
consanguinity or affinity, within fifteen days after receipt collaboration of the child's family, the law enforcers, the
thereof, through a confirmatory test conducted in any child's school, if any, various community organizations
accredited analytical laboratory equipped with gas dealing with at-risk youths, and the court system itself.
chromatograph/mass spectrometry equipment or some
other modern accepted method. If confirmed, the same SECTION 13. Period of Confinement in a Center or Under
shall be prima facie evidence that the child has used the Care of DOH-Accredited Physician. — Confinement in
dangerous drugs, which shall be without prejudice to a Center for treatment and rehabilitation or under the
prosecution for other violations of the Act. care of a DOH-accredited physician shall not exceed one
year, after which time the head of the Center or the said
A positive screening laboratory test must be confirmed physician, as the case may be, shall apprise the court, as
for the positive finding to be valid in court. well as the Board, of the status of the treatment and
SECTION 7. Intake Report. — An Intake Report shall be rehabilitation of the child. The court, together with the
prepared by the social welfare officer assigned to the Board, shall determine whether further confinement or
child, as soon as the child is taken into custody by the care will be for the welfare and best interest of the child
apprehending officer pursuant to Section 10 of the Rule drug dependent and his/her family or the community.
on Juveniles in Conflict with the Law. The report shall SECTION 14. Discharge Under the Voluntary Submission
describe the results of a preliminary background Program. — A child drug dependent under the voluntary
investigation of the child, and shall form part of the submission program who is finally discharged from
records of the case to aid the proper authorities in confinement shall be exempt from criminal liability
properly addressing the substance abuse problem of the under Section 15 of this Act, subject to the following
child. conditions:
SECTION 8. Voluntary Submission of a Child Drug (a) He/she has complied with the rules and regulations of
Dependent to Confinement, Treatment and the Center or those imposed by the DOH-accredited
Rehabilitation. — A child who is a drug dependent or physician, the applicable rules and regulations of the
suspected to be one may — personally or through the Board, including the after-care and follow-up program for
parent, guardian or relative within the fourth degree of at least eighteen months following temporary discharge
consanguinity or affinity — apply to the Board or its duly from confinement in the Center or, in the case of a drug
recognized representative for treatment and dependent placed under the care of the DOH-accredited
rehabilitation of the drug dependency. The Board shall physician, the after-care program and follow-up schedule
then submit the matter to the court, which shall formulated by the Department of Social Welfare and
immediately order that the child be examined for drug Development (DSWD) and approved by the Board;
dependency. (b) He/she has never been charged with or convicted of
SECTION 9. Case Study Report. — The court shall likewise any offense punishable under the Act, the Dangerous
direct the court social worker to prepare and submit to it Drugs Act of 1972 or Republic Act No. 6425, as amended,
a Case Study Report for its consideration pursuant to the Revised Penal Code, as amended, or any other special
Section 19 of the Rule on Juveniles in Conflict with the penal law;
Law. The case study report shall identify the child's (c) He/she has no record of escape from a Center or, if an
environmental, family and psychosocial functioning escapee, has surrendered personally or through the
problems, including a strengths-based biophysical parents, guardian or relative within the fourth degree of
assessment done on the child by a Department of Health consanguinity or affinity, within one week from the date
(DOH)-accredited physician, to help the court in properly of the escape; and
addressing the substance abuse problem of the child.
(d) He/she poses no serious danger to his/her person,
SECTION 10. Examination for Drug Dependency. — The family or community.
examination for drug dependency shall be conducted by
an accredited physician of the DOH. If the results show Should the child fail to comply with any of the above
that the child is a drug dependent, the court shall order conditions, the case shall be referred to the prosecutor for
that the child undergo treatment and rehabilitation in a regular preliminary investigation.
Center designated by the Board for a period of not less SECTION 15. Temporary Release from the Center,
than six months. After-Care and Follow-up Treatment Under the Voluntary
Submission Program. — Upon certification by the Center
or the DOH-accredited physician that the child drug



dependent under the voluntary submission program may surrender the child for recommitment and rehabilitation

be temporarily released, the court shall order such release in which case the corresponding order shall be issued by
on condition that the child shall report to the DOH for the Board.
after-care and follow-up treatment, including urine
If the child fails to submit himself/herself or is not
testing, for a period not exceeding eighteen months
under such terms and conditions that the court may surrendered for recommitment or rehabilitation after one
impose. week from his/her escape, the Board shall apply to the
court for a recommitment and rehabilitation order. Upon
The DOH-accredited physician can recommend to the proof of previous commitment or voluntary submission of
court the temporary release of the child drug dependent the child to the Board, the court shall issue an order for
at least forty-five days after initial admission to a facility recommitment and rehabilitation within one week from
and may likewise prescribe a comprehensive after-care submission of such proof.
and follow-up program approved by the court to which
If, subsequent to a recommitment, the child once again
the child drug dependent should adhere in order to
complete at least eighteen months. escapes from confinement, he/she shall be charged with
violation of Section 15 of the Act and be subjected to
If at any time during the period of after-care and compulsory confinement upon order of the Board or
follow-up program, the child is certified to be upon order of the court, as the case may be.
rehabilitated, the court shall order his/her final discharge,
SECTION 20. Confidentiality of Records Under the
subject to the provisions of Section 12 of this Rule, without
prejudice to the outcome of any pending case filed in Voluntary Submission Program. — The judicial and
court. medical records of a child drug dependent under the
voluntary submission program shall be confidential and
SECTION 16. Recommitment. — Should the DOH find that shall not be used against him/her for any purpose, except
during the initial after-care and follow-up program of to determine how many times the child by
eighteen months, the child requires further treatment himself/herself, or through his/her parent, guardian, or
and rehabilitation in the Center or by the DOH-accredited relative within the fourth degree of consanguinity or
physician, he/she shall be so recommitted. Thereafter, affinity underwent voluntary submission for
he/she may again be certified for temporary release and confinement, treatment and rehabilitation or
ordered released for another after-care and follow-up commitment to a Center or to the custody and care of a
program pursuant to Section 13 of this Rule. DOH-accredited physician under the program.
SECTION 17. Probation and Community Service Under the Where the child is not exempt from criminal liability
Voluntary Submission Program. — A child drug under Section 55 of the Act, or when he/she is not
dependent under the voluntary submission program who rehabilitated under the voluntary submission program, or
is discharged as rehabilitated by the Center or when he/she escapes again from confinement after
DOH-accredited physician, but does not qualify for recommitment, the records mentioned in the
exemption from criminal liability under Section 55 of the immediately preceding provisions that are necessary for
Act, may be charged under the provisions of the Act. conviction may be utilized in court as evidence against
However, the court upon its discretion may order that the such child.
child be placed on probation and that he/she undergo
SECTION 21. Compulsory Confinement of a Child Drug
community service in lieu of imprisonment and/or fine,
without prejudice to the outcome of any pending case Dependent Who Refuses to Apply Under the Voluntary
filed in court. Submission Program. — Notwithstanding any law, rule
and regulation to the contrary, any child found to be
The child drug dependent shall undergo community dependent on dangerous drugs who refuses to apply
service as part of his/her after-care and follow-up under the voluntary submission program shall, upon
program which may be done in coordination with petition by the Board or any of its authorized
non-governmental civic organizations accredited by the representatives, be confined for treatment and
DSWD, with the recommendation of the Board. rehabilitation in any Center duly designated or accredited
by the DOH.
Both the after-care and follow-up programs shall employ
a strengths-based approach which shall focus on A petition for the confinement to a Center of a child
reinforcing the positive internal resources of the child, alleged to be drug dependent may be filed by any person
such as his/her innate talents or skills, what he/she is authorized by the Board with the Family Court, or, in the
good at, as well as what his/her life goals are and what absence thereof, the Regional Trial Court of the province
may be done to achieve them. or city where such person is found.
SECTION 18. Filing of Charges Against a Child Drug After the petition is filed, the court shall immediately
Dependent Who is not Rehabilitated Under the order a hearing, fix a date therefor, and serve a copy of
Voluntary Submission Program. — A child drug such order on the child and his/her parents, guardian or
dependent under the voluntary submission program who custodian.
is not rehabilitated after a second commitment to the
If the facts established at the hearing so warrant, the
Center or a DOH-accredited physician under the
voluntary submission program shall be charged and court shall order the child to be examined by two
prosecuted, upon recommendation of the Board, with physicians accredited by the Board. If both physicians
violation of Section 15 of the Act. If convicted, the child conclude that the child is not a drug dependent, the
shall be credited for the period of confinement and court shall order his/her discharge. If either physician
rehabilitation in the Center or by the DOH-accredited finds the child to be a dependent, the court shall conduct
physician, in the service of the sentence. In addition a hearing and consider all relevant evidence which may
thereto, the child shall enjoy all the rights provided under be offered. If the court finds the child to be drug
the Rule on Juveniles in Conflict with the Law that are not dependent, it shall issue an order for his/her commitment
inconsistent with the provisions of the Act. to a treatment and rehabilitation center under the
supervision of the DOH. In any event, the order of
SECTION 19. Escape and Recommitment for discharge or order of confinement or commitment shall
Confinement and Rehabilitation Under the Voluntary be issued by the court not later than fifteen days from
Submission Program. — A child under the voluntary the filing of the appropriate petition.
submission program who escapes from the Center or
SECTION 22. Compulsory Submission to Treatment and
from the custody and care of a DOH-accredited physician
may submit himself/herself for recommitment and Rehabilitation of a Child Drug Dependent Charged with
rehabilitation within one week from such escape. The an Offense. — If a child charged with an offense where
parent, guardian or relative within the fourth degree of the imposable penalty is imprisonment of less than six
consanguinity or affinity may, within this period, also years and one day is found by the prosecutor or by the


court, at any stage of the proceedings, to be a drug Upon proof of previous commitment of the child, the
dependent, the prosecutor or the court, as the case may court shall issue an order for recommitment. If,
be, shall suspend all further proceedings and transmit subsequent to such recommitment, the child should
copies of the records of the case to the Board. escape again, he/she shall no longer be exempt from
In the event the Board determines, after the medical criminal liability for use of any dangerous drug, in which
examination, that public interest requires that such child case, the corresponding charge for violation of Section 15
drug dependent be committed to a Center for treatment of the Act shall be filed against him/her.
and rehabilitation, it shall file a petition for commitment SECTION 26. Effect of Final Discharge. — A child
with the Family Court or, in the absence thereof, the committed under Sections 20, 22 and 23 of this Rule who
Regional Trial Court of the province or city where the is finally discharged from confinement shall be exempt
child is being investigated or tried: Provided, that where a from criminal liability for the use of a dangerous drug
criminal case is pending court, the petition shall be filed under Section 15 of the Act, without prejudice to the
in such court. The court shall take judicial notice of the outcome of any pending case filed in court.
prior proceedings in the case and shall proceed to hear
the petition. If the court finds the child to be a drug SECTION 27. Non-rehabilitation After Recommitment. —
dependent, it shall order his/her commitment to a Center A child who is not rehabilitated after a second
for treatment and rehabilitation. The head of the Center commitment to the Center shall, upon conviction by the
shall submit to the court every four months, or as often as appropriate court, suffer the same penalties provided for
the court may require, a written report on the progress of under Section 15 of the Act, without prejudice to the
the treatment. If the child drug dependent is outcome of any pending case filed in court.
rehabilitated, as certified by the Center and the Board, SECTION 28. Confidentiality of Records Under the
he/she shall be returned to the court, which committed Compulsory Submission Program. — The provisions of
him/her, for discharge therefrom. Section 18 of this Rule regarding Confidentiality of
Thereafter, the prosecution of the child for any offense Records Under the Voluntary Submission Program shall
punishable by law shall be instituted or shall continue, as apply to a child who is rehabilitated and discharged
the case may be. In case of conviction and the child has under a compulsory submission program, or is charged
been certified by the treatment and rehabilitation center with violation of Section 15 of the Act. However, the
to have maintained good behavior, the judgment shall records of a child who has not been rehabilitated or who
indicate that the child shall be given full credit for the escaped but has not surrendered within the prescribed
period he/she was confined in the Center: Provided, period shall be forwarded to the court and the use of
however, that when the offense is for violation of Section those records shall be determined by the court, taking
15 of the Act and the child is not a recidivist, the penalty into consideration the best interest of the child and
therefor shall be deemed to have been served in the public safety.
Center upon the release of the child therefrom after SECTION 29. Automatic Suspension of Sentence. — If a
certification by the Center and the Board that the child child is under eighteen years of age at the time of the
has been rehabilitated. commission of the offense and is found guilty thereof, the
SECTION 23. Prescription of the Offense Charged Against court shall determine and ascertain any civil liability.
a Child Drug Dependent Under the Compulsory However, instead of pronouncing the judgment of
Submission Program. — The period of prescription of the conviction, the court shall place the child under
offense charged against a child drug dependent under suspended sentence, without need of application.
the compulsory submission program shall not run during Suspension of sentence shall still be applied even if the
the time that said child is under confinement in a Center child is already eighteen years of age at the time of the
or otherwise under the treatment and rehabilitation conviction.
program approved by the Board. Upon suspension of sentence and after considering the
SECTION 24. Temporary and Final Discharge of the Child various circumstances of the child, the court shall impose
from Treatment and Rehabilitation in Compulsory the appropriate disposition measures under the Rule on
Submission; Recommitment. — Upon certification by the Juveniles in Conflict with the Law.
Center that the child may temporarily be discharged While under suspended sentence, the child shall be
therefrom, the court shall order the release of the child on under the supervision and rehabilitation surveillance of
the condition that he/she shall report to the Board the Board, under such conditions that the court may
through the DOH for after-care and follow-up treatment impose for a period ranging from six to eighteen months.
for a period not exceeding eighteen months under such
terms and conditions as may be imposed by the Board. Upon recommendation of the Board, the court may
commit the child under suspended sentence to a Center,
If at any time during the aftercare and follow-up period or to the care of a DOH-accredited physician for at least
the Board certifies to the complete rehabilitation of the six months, with after-care and follow-up program for not
child, the court shall order his/her final discharge and the more than eighteen months.
immediate resumption of the trial of the case for which
the child has been originally charged. Should the Board SECTION 30. Discharge After Compliance with Conditions
through the DOH find at any time during the after-care of Suspended Sentence. — If the child under suspended
and follow-up period that the child requires further sentence complies with the applicable rules and
treatment and rehabilitation, it shall file a petition in regulations of the Board, including confinement in a
court for his/her recommitment. Center or care of a DOH-accredited physician, the court,
upon a favorable recommendation of the Board or the
SECTION 25. Recommitment for Confinement and physician, shall discharge him and dismiss all
Rehabilitation Under the Compulsory Submission proceedings under Section 11 of the Act.
Program in Case of Escape. — A child who escapes from
the Center may submit himself/herself to the Board for
reconfinement within one week from the date of his SECTION 31. Confidentiality of Records. — Upon the
escape. The child may likewise be surrendered for dismissal of the proceedings against the child, the court
recommitment within the same period by the parent, shall enter an order to expunge all official records, other
guardian or relative within the fourth degree of than the confidential record to be retained by the
consanguinity or affinity. Department of Justice relative to the case. Such order,
If the child does not resubmit for confinement or is not which shall be kept confidential, shall restore the child to
surrendered for recommitment, the Board may apply his/her status prior to the case.
with the court for the issuance of a recommitment order. SECTION 32. Non-liability for Perjury, Concealment or
Misrepresentation. — The child so discharged shall not be


held thereafter to be guilty of perjury, concealment or children in conflict with the law without having
misrepresentation by reason of failure to acknowledge undergone gender-sensitivity training.
the case or recite any fact related thereto in response to
SECTION 40. Effectivity. — This Rule shall take effect on
any inquiry made for any purpose.
November 5, 2007, after its publication in a newspaper of
SECTION 33. Promulgation of Sentence. — If the child general circulation not later than October 5, 2007.
violates any of the conditions of the suspended sentence, (Rule on Children Charged Under Republic Act No. 9165
the applicable rules and regulations of the Board or the Comprehensive Dangerous Drugs Act of 2002, A.M.
exercising supervision and rehabilitative surveillance, No. 07-8-2-SC, [])
including the rules and regulations of the Center should
confinement be required, he/she shall be returned to the
court which, after due notice and hearing and after A.M. No. 08-1-16-SC | THE RULE ON THE WRIT
finding sufficient basis therefor, shall execute the
judgment of conviction. OF HABEAS DATA
SECTION 34. Probation in Lieu of Imprisonment. — In
cases involving violations of Sections 11 and 15 of the Act, January 22, 2008
the court, upon application and in its discretion, may
place the child under probation. Probation may still be
availed of even if the sentence provided under the Act is SECTION 1. Habeas Data. - The writ of habeas data is a
higher than that provided under the Probation Law. remedy available to any person whose right to privacy in
The supervision and rehabilitative surveillance of the child life, liberty or security is violated or threatened by an
unlawful act or omission of a public official or employee,
who is placed under probation shall be undertaken by
or of a private individual or entity engaged in the
the Board or the DOH-accredited physician through the
gathering, collecting or storing of data or information
DOH in coordination with the Board of Pardons and
regarding the person, family, home and correspondence
Parole and the Probation Administration. Upon
of the aggrieved party.
compliance with the conditions of the probation, the
Board or the DOH-accredited physician shall submit a SEC. 2. Who May File. - Any aggrieved party may file a
written report to the court recommending termination of petition for the writ of habeas data. However, in cases of
probation and final discharge of the probationer. extralegal killings and enforced disappearances, the
Thereupon, the court shall issue such an order. petition may be filed by:
SECTION 35. Compliance with Community Service Orders. (a) Any member of the immediate family of the aggrieved
— In cases involving violations of Section 15 of the Act, the party, namely: the spouse, children and parents; or
court may impose community service in lieu of (b) Any ascendant, descendant or collateral relative of the
imprisonment. When so imposed, the order of the court aggrieved party within the fourth civil degree of
shall be complied with under such conditions, time and consanguinity or affinity, in default of those mentioned in
place as it may determine according to its discretion, and the preceding paragraph; or
upon the recommendation of the Board or the
DOH-accredited physician. SEC. 3. Where to File. - The petition may be filed with the
Regional Trial Court where the petitioner or respondent
The completion of the community service by the child resides, or that which has jurisdiction over the place
shall be under the supervision and rehabilitative where the data or information is gathered, collected or
surveillance of the Board or the DOH-accredited stored, at the option of the petitioner.
physician during the period required by the court.
The petition may also be filed with the Supreme Court or
Thereafter, the Board or physician shall tender a report to
the Court of Appeals or the Sandiganbayan when the
the court on the manner of compliance with the
action concerns public data files of government offices.
community service. The court in its discretion may order
the extension of the community service or issue an order SEC. 4. Where Returnable; Enforceable. - When the writ
of final discharge. is issued by a Regional Trial Court or any judge thereof, it
shall be returnable before such court or judge.
In both cases, the confidentiality of the judicial records
shall be maintained. When issued by the Court of Appeals or the
Sandiganbayan or any of its justices, it may be returnable
SECTION 36. Credit in Service of Sentence. — If the before such court or any justice thereof, or to any
sentence promulgated by the court for the child requires Regional Trial Court of the place where the petitioner or
imprisonment, the period spent by the child in the Center respondent resides, or that which has jurisdiction over the
or under the care of the physician during the suspended place where the data or information is gathered,
sentence shall be deducted from the sentence to be collected or stored.
served.
When issued by the Supreme Court or any of its justices,
SECTION 37. Records to be kept by the Department of it may be returnable before such Court or any justice
Justice (DOJ). — The DOJ shall keep a confidential record thereof, or before the Court of Appeals or the
of the proceedings on suspension of sentence, and the Sandiganbayan or any of its justices, or to any Regional
record shall not be used for any other purpose unless Trial Court of the place where the petitioner or
beneficial to the child and ordered by the Court that respondent resides, or that which has jurisdiction over the
handled the case. place where the data or information is gathered,
SECTION 38. Liability of a Parent or Guardian Who collected or stored.
Refuses to Cooperate with the Board or any Concerned The writ of habeas data shall be enforceable anywhere in
Agency. — Any parent or guardian who, without valid the Philippines.
reason, refuses to cooperate with the Board or any Sec. 5. Docket Fees. - No docket and other lawful fees
concerned agency in the treatment and rehabilitation of shall be required from an indigent petitioner. The petition
a child, or in any manner prevents or delays the after-care, of the indigent shall be docked and acted upon
follow-up or other programs for the welfare of the child immediately, without prejudice to subsequent
drug dependent, whether under a voluntary or a submission of proof of indigency not later than fifteen (15)
compulsory submission program, may be cited for days from the filing of the petition.
contempt by the court.
SEC. 6. Petition. - A verified written petition for a writ of
SECTION 39. Gender-Sensitivity Training. — No personnel habeas data should contain:
of rehabilitation and training facilities shall handle
(a) The personal circumstances of the petitioner and the
respondent;


(b) The manner the right to privacy is violated or information cannot be divulged to the public due to its
threatened and how it affects the right to life, liberty or nature or privileged character.
security of the aggrieved party; Sec. 13. Prohibited Pleadings and Motions. - The following
(c) The actions and recourses taken by the petitioner to pleadings and motions are prohibited:
secure the data or information; (a) Motion to dismiss;
(d) The location of the files, registers or databases, the (b) Motion for extension of time to file return, opposition,
government office, and the person in charge, in affidavit, position paper and other pleadings;
possession or in control of the data or information, if
known; (c) Dilatory motion for postponement;
(e) The reliefs prayed for, which may include the updating, (d) Motion for a bill of particulars;
rectification, suppression or destruction of the database (e) Counterclaim or cross-claim;
or information or files kept by the respondent.
(f) Third-party complaint;
In case of threats, the relief may include a prayer for an
order enjoining the act complained of; and (g) Reply;
(f) Such other relevant reliefs as are just and equitable. (h) Motion to declare respondent in default;
SEC. 7. Issuance of the Writ. - Upon the filing of the (i) Intervention;
petition, the court, justice or judge shall immediately (j) Memorandum;
order the issuance of the writ if on its face it ought to
issue. The clerk of court shall issue the writ under the seal (k) Motion for reconsideration of interlocutory orders or
of the court and cause it to be served within three (3) days interim relief orders; and
from the issuance; or, in case of urgent necessity, the (l) Petition for certiorari, mandamus or prohibition against
justice or judge may issue the writ under his or her own any interlocutory order.
hand, and may deputize any officer or person serve it. SEC. 14. Return; Filing. - In case the respondent fails to
The writ shall also set the date and time for summary file a return, the court, justice or judge shall proceed to
hearing of the petition which shall not be later than ten hear the petition ex parte, granting the petitioner such
(10) work days from the date of its issuance. relief as the petition may warrant unless the court in its
SEC. 8. Penalty for Refusing to Issue or Serve the Writ. - discretion requires the petitioner to submit evidence.
A clerk of court who refuses to issue the writ after its SEC. 15. Summary Hearing. - The hearing on the petition
allowance, or a deputized person who refuses to serve the shall be summary. However, the court, justice or judge
same, shall be punished by the court, justice or judge for may call for a preliminary conference to simplify the
contempt without prejudice to other disciplinary actions. issues and determine the possibility of obtaining
SEC. 9. How the Writ is Served. - The writ shall be served stipulations and admissions from the parties.
upon the respondent by a judicial officer or by a person SEC. 16. Judgment. - The court shall render judgment
deputized by the court, justice or judge who shall retain a within ten (10) days from the time the petition is
copy on which to make a return of service. In case the writ submitted for decision. If the allegations in the petition
cannot be served personally on the respondent, the rules are proven by substantial evidence, the court shall enjoin
on substituted service shall apply. the act complained of, or order the deletion, destruction,
SEC. 10. Return; Contents. - The respondent shall file a or rectification of the erroneous data or information and
verified written return together with supporting affidavits grant other relevant reliefs as may be just and equitable;
within five (5) working days from service of the writ, otherwise, the privilege of the writ shall be denied.
which period may be reasonably extended by the Court Upon its finality, the judgment shall be enforced by the
for justifiable reasons. The return shall, among other sheriff or any lawful officers as may be designated by the
things, contain the following: court, justice or judge within five (5) working days.
(a) The lawful defenses such as national security, state SEC. 17. Return of Service. - The officer who executed the
secrets, privileged communications, confidentiality of the final judgment shall, within three (3) days from its
source of information of media and others; enforcement, make a verified return to the court. The
(b) In case of respondent in charge, in possession or in return shall contain a full statement of the proceedings
control of the data or information subject of the petition; under the writ and a complete inventory of the database
or information, or documents and articles inspected,
(i) a disclosure of the data or information about the updated, rectified, or deleted, with copies served on the
petitioner, the nature of such data or information, and the petitioner and the respondent.
purpose for its collection;
The officer shall state in the return how the judgment
(ii) the steps or actions taken by the respondent to ensure was enforced and complied with by the respondent, as
the security and confidentiality of the data or information; well as all objections of the parties regarding the manner
and, and regularity of the service of the writ.
(iii) the currency and accuracy of the data or information SEC. 18. Hearing on Officer’s Return. - The court shall set
held; and, the return for hearing with due notice to the parties and
(c) Other allegations relevant to the resolution of the act accordingly.
proceeding. SEC. 19. Appeal. - Any party may appeal from the final
A general denial of the allegations in the petition shall not judgment or order to the Supreme Court under Rule 45.
be allowed. The appeal may raise questions of fact or law or both.
SEC. 11. Contempt. - The court, justice or judge may The period of appeal shall be five (5) working days from
punish with imprisonment or fine a respondent who the date of notice of the judgment or final order.
commits contempt by making a false return, or refusing The appeal shall be given the same priority as in habeas
to make a return; or any person who otherwise disobeys corpus and amparo cases.
or resist a lawful process or order of the court.
SEC. 20. Institution of Separate Actions. - The filing of a
SEC. 12. When Defenses May be Heard in Chambers. - A petition for the writ of habeas data shall not preclude the
hearing in chambers may be conducted where the filing of separate criminal, civil or administrative actions.
respondent invokes the defense that the release of the
data or information in question shall compromise SEC. 21. Consolidation. - When a criminal action is filed
national security or state secrets, or when the data or subsequent to the filing of a petition for the writ, the
latter shall be consolidated with the criminal action.


When a criminal action and a separate civil action are parents only when necessary for the child's welfare or in
filed subsequent to a petition for a writ of habeas data, the interest of public safety.
the petition shall be consolidated with the criminal (e) To remove from children in conflict with the law the
action. stigma of criminality and criminal behavior;
After consolidation, the procedure under this Rule shall (f) to promote, facilitate and implement in administrative
continue to govern the disposition of the reliefs in the and judicial proceedings respect for the view of the child;
petition.
(g) To provide for the care, protection and wholesome
SEC. 22. Effect of Filing of a Criminal Action. - When a moral, mental, and physical development of children in
criminal action has been commenced, no separate conflict with the law; and
petition for the writ shall be filed. The relief under the writ
shall be available to an aggrieved party by motion in the (h) To promote and protect the rights and interest of
criminal case. children as zones of peace in situations of armed conflict,
but who are alleged to be in conflict with the law. (a)
The procedure under this Rule shall govern the
disposition of the reliefs available under the writ of Section 3. Interpretation. - This Rule shall be interpreted
habeas data. liberally to promote the best interest of the child in
conformity with Philippine laws, the United Nations'
SEC. 23. Substantive Rights. - This Rule shall not Convention on the Rights of the Child and relevant
diminish, increase or modify substantive rights. international treaties and protocols.
SEC. 24. Suppletory Application of the Rules of Court. - Section 4. Definitions. - As used in this Rule,
The Rules of Court shall apply suppletorily insofar as it is
not inconsistent with this Rule. (a) Age of criminal responsibility is the age when a child,
fifteen (15) years and one (1) day old or above but below
SEC. 25. Effectivity. - This Rule shall take effect on eighteen (18) years of age, commits an offense with
February 2, 2008, following its publication in three (3) discernment.
newspapers of general circulation.
(b) Bail refers to the security given for the release of the
child in custody of the law, furnished by the child, the
A.M. No. 02-1-18-SC | REVISED RULE ON child's parent, guardian, or a bondsman, to guarantee the
child's appearance before the court. Bail may be posted
CHILDREN IN CONFLICT WITH THE LAW in a form such as corporate security, property bond or
cash deposit.
November 24, 2009 (c) Balanced and Restorative Justice is a principle in
juvenile justice that requires a process of resolving

conflicts with the participation of the victim, the child in
Section 1. Applicability of the Rule. - This Rule shall apply conflict with the law, and the community. It seeks to
to all criminal cases involving children in conflict with law. obtain reparation for the victim; reconciliation to the
A child in conflict with the law is a person who at the time victim, the child in conflict with the law, and the
of the commission of the offense is below eighteen (18) community, and the reassurance that the child in conflict
years old but not less than fifteen (15) years and one (1) with the law can be reintegrated into society. It also
day old. enhances public safety by involving the victim, the child
in conflict with the law, and the community in prevention
This Rule shall not apply to a person who at the time of strategies. (a)
the initial contact as defined in Sec. 4 (q) of this Rule shall
have reached the age of eighteen (18) in which case, the (d) Best interest of the child refers to the totality of
regular rules on criminal procedure shall apply without congenial to the survival, protection and feelings of
prejudice to the rights granted under Secs. 53,54,55 and security of the child and most encouraging to the child's
56 of this Rule. physical, psychological and emotional development. It
also means the least detrimental available alternative for
Section 2. Objective. - The objective of this Rule is to safeguarding the growth and development.
ensure that the justice system treats every child in
conflict with the law in a manner that recognizes and (e) Case study report is a written report on the social case
upholds human dignity and worth, and instills in the child inquiry conducted by the social worker of the local
respect for the fundamental rights and freedom of government unit or the Department of Social Welfare
others. The Rule considers the developmental age of the and Development or by the social worker designated by
child and the desirability of the child's reintegration in the the court on the social, cultural, economic and legal
assumption of a constructive role in society in accordance status or condition of the child in conflict in the law. It
with the principles of balanced and restorative justice. shall include, among other matters, the child's
development age; educational attainment; family and
To attain this objective, the Rule seeks: social relationships; the quality of the child's peer group;
(a) To provide child-appropriate proceedings, including the strengths and weaknesses of the family; parental
programs and services for crime prevention, diversion, control; the child's attitude towards the offense ; the harm
rehabilitation, re-integration and aftercare to ensure the or damage done to others resulting from the offenses, if
normal growth and development of the child in conflict any; and the attitude of the parents towards the child's
with the law; responsibility for the offense. The social worker shall also
include an initial determination of the child's
(b) To provide procedural rules dealing with children in discernment in the commission of the offense. (a)
conflict with the law that take into account their distinct
circumstances, assure all parties of a fair hearing with (f) Community continuum refers to the aftercare of a child
each party's constitutional and statutory rights in conflict with the law and is a provides continuous
recognized and respected, and ensure that appropriate guidance and support to the child in conflict with the law
disposition measures are implemented by law enforcers upon release from rehabilitation and subsequent
social services and the courts; reintegration into society. Community continuum for the
child includes timely release, suitable residence, food,
(c) To divert from the formal justice system children in clothing, available employment and sufficient means to
conflict with the law who can be cared for or placed facilitate successful reintegration in local government
under community continuum alternative programs of unit and other appropriate agencies. (n)
treatment, training and rehabilitation in conformity with
the principles of balanced and restorative justice; (g) Corporal punishment is any kind of physical
punishment inflicted on the body as distinguished from
(d) To deal with the child in a family environment pecuniary punishment or fine.
whenever possible, and to separate the child from the


(h) Court refers to a designated family court or in places (w) Recognizance is an undertaking in lieu of a bond,
where there are no designated family courts, any regional assumed by a mother or father, or appropriate guardian
trial court hearing family and youth cases. (a) or custodian, or in their absence, the nearest relative, or
(i) Deprivation of Liberty refers to any form of detention or any responsible member of the community to assume
imprisonment, or to the placement of a child in conflict custody of a child in conflict with the law and be
with the law in a public or private custodial setting, from responsible for the appearance of the child in court
which the child in conflict with the law is not permitted to whenever required during the pendency of the case. (a)
leave at will except by order of any judicial or (x) Segregation refers to the procedure where, upon initial
administrative authority. (a) contact with a child alleged to have committed an
(j) Discernment means the capacity of the child at the offense, the law enforcer places the child in a separate
time of the commission of the offense to understand the and different area from adult detention prisoners, and
differences between right and wrong and the ensures that female children are separated from male
consequences of the wrongful act. children. (n)
(k) Disposition conference is a meeting held by the court (y) Serious offense refers to an offense where the
with the social worker who prepared the case study imposable penalty for the offense committed exceeds six
report, together with the child in conflict with the law and (6) years imprisonment. (a)
the parents or guardian ad litem, and the child's counsel (z) Status offenses refers to offenses that discriminate
for the purpose of determining the disposition measures only against a child, such as curfew violations, truancy,
appropriate to the personal and special circumstances of parental disobedience and the like. (n)
the child. (aa) Suspended sentence is the holding in abeyance of
(l) Diversion refers to an alternative child-appropriate the service of the sentence imposed by the court upon a
process of determining the responsibility and treatment finding of guilt of the child in conflict with the law,
of a child in conflict with the law on the basis of the whereby the child undergoes rehabilitation within a fixed
child's social, cultural, economic psychological or period under such terms and conditions as may be
educational background without resorting to formal ordered by the court. (n)
court adjudication. (bb) Victimless Crimes refer to offenses where there are
(m) Diversion programs refer to programs the child in no private offended parties. (n)
conflict the law is required to undergo in lieu of formal (cc) Youth detention home refers to a 24-hour
court proceedings. child-caring institution managed by accredited local
(n) Expedited Transfer of a Child is a process where a government units and licensed and/or accredited
child who commits an offense is immediately brought by non-government organizations providing short-term
the apprehending officer or private individual to a social residential care for children in conflict with the law and
worker for preliminary determination of discernment. (n) where the child may be physically restricted by order of
(o) Guardian Ad Litem is a person appointed by the court any judicial, administrative or other public authority, and
to protect the best interest of the child. (a) from which the child is not permitted to leave at will,
pending court disposition of the charge or transfer to
(p) In conflict with the law means take into custody, other agencies or jurisdiction. (a)
detained, or charged with the commission of an act
defined and punished as a crime or offense under the (dd) Youth rehabilitation center refers to a 24-hour
law, including violations of traffic laws, rules and residential care facility managed by the Department of
regulations, and ordinances of local government units. (a) Social Welfare and Development, local government units,
licensed and/or accredited non-government
(q) Initial contact refers to apprehension or taking into organizations monitored by the Department of Social
custody of a child in conflict with the law by law Welfare and Development. The Center provides care,
enforcement officers or private citizens. It includes the treatment and rehabilitation services for children in
time the child alleged to be in conflict with the law conflict with the law under a structured therapeutic
receives a subpoena under Section 3 (b) of Rule 112 of the environment through the guidance of a trained staff,
Revised Rules of Criminal Procedure or summons under where the physical mobility of the children may be
Section 6 (a) or Section 9(b) of the same Rule in cases restricted pending court disposition of their cases. (a)
that do not require preliminary investigation, or where
there is no necessity to place the child alleged to be in Section 5. Determination of Age. - The child in conflict
conflict with the law under immediate custody. (n) with the law shall enjoy the presumption of minority and
shall enjoy all the rights of a child in conflict with the law
(r) Intake report is the initial written report containing the until proven to be eighteen years old or older at the time
personal and other circumstances of the child in conflict of the commission of the offense. The age of the child
with the law prepared by the social worker assigned to shall be determined according to the following rules:
assist the child entering the justice system.
(1) The best evidence to prove the age of a child is an
(s) Intervention programs refer to a series of original or certified true copy of the certificate of live
individualized treatment activities or programs designed birth;
to address issues that caused the child to commit an
offense . These may include counseling, skills, training, (2) In the absence of a certificate of live birth, similar
education, and other activities that are aimed to improve authentic documents such as baptismal certificates and
and enhance the child's psychological, emotional and school records or any pertinent document that shows the
psychosocial well being. (n) date of birth of the child;
(t) Law Enforcement Officer refers to the person in (3) In the absence of the documents under paragraphs 1
authority or an agent as defined in Article 152 of the and 2 of this section due to loss, destruction or
Revised Penal Code, including a barangay tanod. (n) unavailability, the testimony of the child, the testimony of
a member of the family related to the child by affinity or
(u) Non-Serious Offense refers to an offense where the consanguinity who is qualified to testify on matters
imposable penalty for the crime committed is not more respecting pedigree such as the exact age or date of birth
than six (6) years imprisonment. (n) of the child pursuant to Sec.40, Rule 130 of the Rules on
(v) Probation is an alternative disposition, ordered by the Evidence, the testimonies of the other persons, the
court, under which a child in conflict with the law is physical appearance of the child and other relevant
released after conviction and sentence and permitted to evidence, shall suffice.
remain at home or with an appropriate custodian, subject Section 6. Burden of Proof of Age. - Any person alleging
to certain terms and conditions imposed by the court. the age of the child in conflict with the law has the
burden of proving the age of such child.


If the age of the child is contested prior to the filing of the the consequences of the wrongful act; and whether a
information in court, a case for determination of age child can be held responsible for essentially antisocial
under summary proceeding may be filed before a court behavior.
which shall render its decision within 24 hours from Section 11. Duties of a Person in Authority Taking a Child
receipt of the appropriate pleadings of all the parties. (n) into Custody. - Any person taking into custody a child in
In all cases involving a child, the court shall make a conflict with the law shall:
categorical finding as to the age of the child. (a) Assign an alias to the child;
Section 7. Exemption from Criminal Liability. - A child (b) Ensure that the blotter details containing the true
fifteen years of age or under at the time of the name of the child, if any, are modified, to reflect the alias
commission of the offense shall be exempt from criminal by which the child shall be known throughout the
liability. However, the child shall be subjected to an proceedings;
intervention program as provided for in Republic Act No.
9344 when consented to by the child and the parents. (a) (c) Explain to the child in simple language and in a dialect
that can be understood the reason for placing the child
Exemption from criminal liability does not include under custody, and the offense allegedly committed;
exemption from civil liability which shall be enforced in
accordance with the provisions of Article 221 of the Family (d) Advise the child of his/her constitutional rights in a
Code in relation to Article 101 of the Revised Penal Code language or dialect understandable to the child;
and Rule 111 of the Revised Rules of Criminal Procedure. If (e) Present proper identification to the child;
the act or omission of the child involves a quasi-delict,
Article 2180 of the Civil Code shall apply. (f) Refrain from using vulgar or profane words and from
sexually harassing or abusing, or making sexual advances
Section 8. Procedure for Handling Children Exempted on the child;
from Criminal Liability. - If it is determined at the initial
contact that the child is 15 years of age or below, the (g) Avoid displaying or using any firearm, weapon,
procedure provided in Section 20, Republic Act No. 9344 handcuffs or other instrument of force or restraint, unless
shall be observed as follows: absolutely necessary and only after all methods of control
have been exhausted and have failed;
(a) The authority who had the initial contact with the
child shall immediately release the child to the custody of (h) Avoid violence or unnecessary force and refrain from
the mother or father, or the appropriate guardian or subjecting the child to greater restraint than is necessary
custodian, or in their absence, the nearest relative. for apprehension and custody;
(b) The authority shall immediately notify the local social (i) Ensure that a body search of the child is done only by a
welfare and development officer of the taking of the child law enforcement officer of the same gender as that of the
into custody. child;
(c) The local social welfare and development officer shall, (j) Ensure expedited transfer of the child by immediately,
with the consent of the child and the person having or not later than eight (8) hours after apprehension,
custody over the child, determine the appropriate turning over custody of the child to the local social
intervention programs for the child. welfare and development office or other accredited
non-government organizations;
(d) If the child's parents, guardians or nearest relatives
cannot be located, or if they refuse to take custody, the (k) Notify the child's parents, guardians or custodians or in
child may be released to any of the following: a duly their absence, the child's nearest relative and the Public
registered non-governmental or religious organization; a Attorney's Office of the child's apprehension;
barangay official or a member of the Barangay Council (l) Ensure that the child is not locked up in a jail or
for the Protection of Children; a local social welfare and detention cell during the investigation;
development officer; or, when and where appropriate, the
Department of Social Welfare and Development. (m) Bring the child immediately to an available
government medical or health officer for a thorough
(e) If the child has been found by the local social welfare physical and mental examination;
and development office to be abandoned, neglected or
abused by the parents, or if the parents and the child do (n) Ensure that should detention of the child in conflict
not consent to or do not comply with the prevention with the law be necessary, the segregation of the child be
program, the Department of Social Welfare and secured in quarters separate from that of the opposite
Development or the Local Social Welfare and sex and adult offenders, except where a child is taken into
Development Office shall file before the court a petition custody for reasons related to armed conflict, either as
for involuntary commitment pursuant to Presidential combatant, courier, guide or spy, and families are
Decree No. 603, otherwise known as "The Child and Youth accommodated as family units in which case, the child
Welfare Code." (a) shall not be separated from the family;
Section 9. Procedure for Children Not Exempted from (o) Record all the procedures undertaken in the initial
Criminal Liability. - A child fifteen (15) years and one (1) investigation including the following: whether handcuffs
day old or above but below eighteen (18) years of age at or other instruments of restraint were used, and if so, the
the time of the commission of the offense shall, at the reason for such use; that the parents or guardian of the
sound discretion of the court and subject to its child, the Department of Social Welfare and
supervision, be released on recognizance to the care of Development, and the Public Attorney's Office were
the willing and responsible mother or father, or informed of the taking into custody of the child and the
appropriate guardian or custodian, or, in their absence, details thereof; the measures that were undertaken to
the nearest relative. However, if the prosecution determine the age of child, and the precise details of the
determines that the child acted with discernment, the physical and medical examination or in case of failure to
child shall be proceeded against in accordance with Secs. submit a child to such examination, the reason therefore;
25 to 29 or, in case of diversion, Secs. 31 to 38 of this Rule. and
Section 10. Determination of Discernment. - (p) Ensure that all statements signed by the child during
Discernment is preliminarily determined by a social the investigation are witnessed and signed by the child's
worker and finally by the court in the case of a child parents or guardian, social worker or legal counsel in
charged with a non-serious offense. In all other cases, attendance. (n)
discernment is determined by the court. Section 12. Rights of a Child Under Custody. - At the
The determination of discernment shall take into account custodial investigation, a child who has been taken into
the ability of a child to understand the moral and custody shall have the following rights:
psychological components of criminal responsibility and


(a) At the police station, to be immediately assisted by a Section 17. Filing of Criminal Action. - A criminal action
lawyer and a social worker who shall make sure that the may be instituted against a child in conflict with the law
child is effectively informed of his/her rights, as far as the by filing a complaint with the prosecutor.
child's maturity and discernment allow; All criminal actions commenced by complaint or
(b) To demand that the questioning or interrogation take information shall be prosecuted under the direction and
place in conditions that respect the rights of the child control of the public prosecutor assigned to the court.
and are complaint with child-sensitive procedural rules; Petitions for confinement of a child drug dependent shall
(c) To have the child's family located and notified with be filed under Section 21 of the Rule on Children Charged
dispatch; under Republic Act No. 9165. (n)
(d) To be informed, together with the parents, guardians Section 18. Prosecution of Civil Action. - When a criminal
or custodians or nearest relatives, by the social welfare action is instituted against a child in conflict with the law,
and development officer of the local government unit or the action for recovery of civil liability arising from the
of the Department of Social Welfare and Development of offense charged shall be governed by Rule 111 of the
the consequences of the offense alleged to have been Revised Rules of Criminal Procedure.
committed with a view towards counseling and Section 19. Preliminary Investigation. - As far as
rehabilitation, diversion from criminal justice system and consistent with this Rule, the preliminary investigation of
reparation if appropriate; a child conflict with the law shall be governed by Section
(e) To have the results of the child's medical and dental 3 of Rule 112 of the Revised Rules of Criminal Procedure. A
examination kept confidential unless otherwise ordered specially trained prosecutor shall be assigned to conduct
by the court. Whenever medical treatment for any the inquest, preliminary investigation and prosecution of
physical or mental defect is necessary, to demand that the case involving a child in conflict with the law. The
steps must be immediately taken by the medical officer child, on the other hand, shall be assisted by a private
to provide the child with the necessary and proper lawyer or if none, a lawyer from the Public Attorney's
treatment; Office. If there is an allegation or evidence of torture or
(f) To have the right of privacy respected and protected at ill-treatment of a child in conflict with the law during
all times, including the utilization of all measures custody or detention, it shall be the duty of the
necessary to promote this right, including the exclusion prosecutor to investigate the same. (n)
of the media; and Section 20. Conduct of Preliminary Investigation. -
(g) While under investigation, not to be fingerprinted or Preliminary investigation shall be conducted in the
photographed in a humiliating and degrading manner. following instances: (a) when the child in conflict with the
law does not qualify for diversion; (b) when the child, the
Section 13. Taking Custody of a Child Without a Warrant. parents or guardian do not agree to diversion as provided
- The law enforcement officer or a private person taking in Sections 27 and 28 of Republic Act No. 9344; or (c)
into custody a child in conflict with the law without a when, after considering the assessment and
warrant shall observe the provisions in Sections 5, 8 and 9 recommendation of the social worker, the prosecutor
of Rule 113 of the Revised Rules of Criminal Procedure and determines that diversion is not appropriate for the child
shall forthwith deliver the child to the nearest police in conflict with the law. (n)
station. The child shall be proceeded against in
accordance with Section 7 of Rule 112 of the Rules of At the preliminary investigation, should there arise a need
Criminal Procedure. for clarificatory questions to be propounded on the child,
the Rule on Examination of a Child Witness shall apply.
Section 14. Conduct of Initial Investigation by the Police. -
The police officer conducting the initial investigation of a Section 21. Filing of Information. - If the investigating
child conflict with the law shall do so in the presence of prosecutor finds probable cause to hold the child in
either or both of the parents, guardian or custodian, or in conflict with the law for trial, there being discernment,
their absence, the nearest relative of the child, the child's the corresponding Resolution and Information shall be
counsel of choice, or a lawyer from the Public Attorney's prepared for the approval by the provincial or city
Office, and the local social welfare officer. A prosecutor, a s the case may be. The child and the mother
representative of a non-government organization, or father, or appropriate guardian or custodian, or in the
religious group, or member of the Barangay Council for absence thereof, the nearest relative, and the child's
the Protection of Children shall be allowed to be present private counsel or lawyer from the Public Attorney's
at the investigation in the absence of the parents, Office shall be furnished forthwith a copy of the approved
guardian, relative, or social welfare officer. (a) resolution and the Information.
Section 15. Guidelines for Fingerprinting and The Information shall be filed with the court within
Photographing of the Child. - The following guidelines forty-five (45) days from the start of the preliminary
shall be observed when fingerprinting or photographing investigation. (n)
the child: No Information shall be filed against a child for the
(a) The child's fingerprint and photograph files shall be commission of the following:
kept separate from those of adults and shall be kept (a) status offences;
confidential. They may be inspected by law enforcement (b) vagrancy and prostitution under Section 202 of the
officers only when necessary for the effective discharge of Revised Penal Code;
their duties and upon prior authority of the court; and
(c) mendicancy under Presidential Decree No. 1563; and
(b) The fingerprint and photograph shall be removed
from the files and destroyed: (1) if the case against the (d) sniffing of rugby under Presidential Decree No. 1619.
child is not filed, or is dismissed; or (2) when the child Children taken into custody for the foregoing shall, with
reaches twenty-one (21) years of age and there is no their consent and that of their parents, guardian or
record that the child committed an offense after reaching custodian, instead undergo appropriate counseling and
eighteen (18) years of age. treatment program. (n)
Section 16. Intake Report by the Social Welfare Officer. - Section 22. Duties of the Clerk of Court Upon Receipt of
Upon the taking into custody of a child in conflict with information. - The Clerk of Court, upon receipt of the
the law, the social welfare officer assigned to the child Information, shall:
shall immediately undertake a preliminary background
investigation of the child and, should a case be filed in (1) Maintain a separate case docket or logbook for cases
court, submit to the court the corresponding intake involving children in conflict with the law. Whenever
report prior to the arraignment. possible, the Clerk of Court shall use color coding or other


method to easily distinguish the records of children in shall commit the to a youth detention home or youth
conflict with the law from the other case records; rehabilitation center, or in the absence thereof, to the
(2) Determine whether the offense charged qualifies for care of a provincial, city or municipal jail as provided for in
diversion, that is it punishable by imprisonment of not Section 27 of this Rule, which shall be responsible for the
more than twelve (12) years, regardless of fine, or fine appearance of the child in court whenever required.
alone regardless of the amount; Section 29. Care of Child in Youth Detention Homes or
(3) If the crime charged is punishable by such Rehabilitation Centers. - The child in conflict with the law
imprisonment, immediately assign a temporary case who has been transferred to a youth rehabilitation center
number in accordance with Sec. 23 of this Rule and raffle or youth detention home shall be provided with a healthy
off the case to a court so that its Diversion Committee can environment. If the child is placed under the care of the
immediately undertake the appropriate action under provincial, city or municipal jail, the child shall be
Section 33 of this Rule; and provided with adequate quarters separate from adults
and prisoners of the opposite sex depending on the age,
(4) If the crime charged does not quality for diversion sex, sexual lifestyle, and such other circumstances and
because it is punishable by imprisonment of more than needs of the child.
twelve (12) years, the case shall be assigned a regular
criminal case docket number raffled off to a court for Section 30. Case Study Report. - After the institution of
formal proceedings. (n) the criminal action, the social worker assigned to the
child shall immediately undertake a social case inquiry of
Section 23. Docketing of the Case - a case that qualifies the child and the child's family, the child's environment
for diversion under paragraph 3 of the preceding Section and such other matters relevant to aid the court in the
shall not be docketed as a regular criminal case but proper disposition of the case. The report shall be
instead shall be assigned a temporary case number as submitted to the court preferably before arraignment. If
follows: CICL-(no.) ___- (year) ___ -D (which means not available at that time, the Report must be submitted
diversion), before the same is raffled off to the appropriate to the court as soon as possible.
court.
Section 31. Diversion Committee - In each court, there
Section 24. Venue - Subject to the provisions of Section shall be organized a Diversion Committee composed of
15, Rule 110 of the Revised Rules of Criminal Procedure, its Branch Clerk of Court as chairperson; the prosecutor, a
any criminal or civil action involving a child in conflict lawyer of the Public Attorney's Office assigned to the
with the law shall be instituted and tried in the court, and the social worker assigned by the court to the
appropriate court nearest the place where the offense child, as members.
was committed or where any of its essential elements
occurred. Section 32. Proceedings Before Arraignment - The
Diversion Committee shall determine if the child can be
Section 25. Released of Children on Recognizance to the diverted and referred to alternative measures or services.
Parents, Guardian, Custodian or Nearest Relative. - The Subject to pertinent provisions of this Rule and pending
release of a child from a custody during the pendency of determination of diversion by the Committee, the court
the case involving a non-serious offense as defined in Sec. shall release the child on recognizance to the parents,
4 (u) of this rule may be ordered by the court only after a guardian or custodian, or nearest relative; or if this is not
hearing for that purpose, and upon favorable advisable, commit the child to an appropriate youth
recommendation of the social worker assigned to the detention home or youth rehabilitation center which shall
child, with the conformity of the public prosecutor and be responsible for the presence of the child during the
the private complainant. The child shall be released to the diversion proceedings.
custody of a willing and responsible mother or father, or
appropriate guardian or custodian or in their absence, the If the Diversion Committee determines that diversion is
nearest relative, who shall be responsible for the child's not proper, or when the child or the private complainant
good behavior and appearance in court whenever object to the diversion, or when there is failure if the
required. diversion program if undertaken by the child, it shall
submit a report to the court recommending that the case
No child shall be ordered detained in jail pending trial or be subjected to formal criminal proceedings. The court in
hearing of the child's case, subject to the provisions of this turn shall direct the transmittal of the records of the case
Rule. (n) to the Office of the Clerk of Court for the assignment of a
Section 26. Commitment and transfer to a youth regular criminal docket number to the case as follows:
Rehabilitation Center. - A child charged with non-serious CICL Crim. Case No.___-___( year). The Office of the Clerk
offense as defined in Section 4 (u) of this Rule, unless of Court shall thereafter return the case to the court for
released on bail or recognizance, may be transferred to a arraignment and formal proceedings.
youth detention home rehabilitation center or other Section 33. Proceeding Before the Diversion Committee. -
appropriate facility such as the Department of Social Upon receipt by the Committee of a case for diversion
Welfare and Development which shall ensure the from the Office of the Clerk of Court, the chairperson
appearance of the child in court. shall call for a conference with notice to the child, the
In the absence of a youth detention home established by mother or father, or appropriate guardian or custodian, or
the local government pursuant to Section 8 of the Family in their absence, the nearest relative, the child's counsel,
Courts Acts, in the city or municipality where the child and the private complainant and counsel to determine if
resides or, a local rehabilitation center recognized by the the child can be diverted to the community continuum
government in the province, city or municipality within instead of formal court proceedings.
the jurisdiction of the court, or the Department of Social In determining whether diversion is appropriate for the
Welfare and Development or other appropriate local child, the Committee shall consider the following factors:
rehabilitation center, the youth shall be placed under the
care of a provincial, city or municipality jail which shall (a) The past records, if any, involving the child in conflict
ensure the appearance of the child in court when so with the law;
required. (a) (b) The likelihood that the child will be an obvious threat
Section 27. Bail as a Matter of right. - All children in to himself/herself and the community;
conflict with the law shall be admitted to bail as a matter (c) Whether the child has feeling of remorse for the
of right before final conviction of an offense not offense committed;
punishable by reclusion perpetua life imprisonment. (d) If the child or the parent are indifferent or hostile; and
Section 28. When Bail Not a Matter of Right. - No child whether this will increase the possibility of delinquent
charged with an offense punishable by reclusion behavior; and
perpetua or life imprisonment shall be admitted to bail
when evidence of guilt is strong. In this case, the court



(f) If community-based programs for the rehabilitation supervision over such child shall be transferred to the
and reintegration of the child are available. appropriate court of that place. The diversion records of
If the Committee finds that diversion is appropriate, it the case such as the minutes of the diversion
shall design a diversion program in accordance with proceedings, copy of the undertaking, the intake and
Section 34 of this Rule for the consideration and approval case study reports and all other pertinent documents
of the court. shall be transmitted to the court to which jurisdiction
over the diverted child has been transferred.
Should the Committee determine that diversion is not
appropriate, it shall make the corresponding report and Section 37. Report of Social Worker. - The court social
recommendation in accordance with Section 31 of this worker shall conduct regular monthly visit to the child
Rule. undergoing diversion proceedings and shall submit the
corresponding reports about the status of the diverted
The Committee cannot recommend diversion in case the child to the committee. At any time before or at the end
child or the private complainant objects. diversion period, the committee shall file with the court
Section 34. Diversion programs. -The Committee shall of the report recommending termination or extension of
design a diversion program talking into consideration the diversion, as the case may be. The report and
individual characteristics and peculiar circumstances of recommendation shall be heard by the court within
the child in conflict with the law. The program shall be for fifteen (15) days from receipt, with notice to the members
a specific and definite period and may include any or a of the Committee, the child, the mother or father, or the
combination of the following: appropriate guardian or custodian, or in the absence
thereof, the nearest relative, the child's counsel, and the
(a) Written or oral reprimand or citation; complainant and counsel.
(b) Written or oral apology; The court shall thereafter determine whether the
(c) Payment of the damage caused; diversion program has been full and satisfactorily
complied with
(e) Payment of the cost of the proceedings;
Section 38. Closure Order. - On the basis of the report
(f) Return of the property; and recommendation of the Committee, the court may:
(g) Guidance and supervision orders; (a) Issue a closure order terminating the case if it is
(h) Counseling for the child and his family; convinced that the child has complied satisfactorily with
(i) Training, seminar and lectures on (i) anger the diversion program; or
management skills; (ii) problem-solving and/or conflict (b) Extend the period of diversion if it is convinced that
resolution skills; (iii) values formation; and (iv) other skills the child may still be rehabilitated; or
that will aid the child to properly deal with situations that (c) Order the case to undergo formal court proceedings if
can lead to a repetition of the offense; it finds that the child has not complied with the diversion
(j) Participation in available community-based programs; program, is incorrigible, or that the program is not
(k) Work-detail program in the community; or serving its purpose.
(l) Institutional care and custody. In case of the judicially-approved transfer of residence of
the child in conflict with the law, the court to which
The Committee shall also include in the program a plan supervision of the diversion program was transferred shall
that will secure satisfaction of the civil liability of the child make the proper finding. IF it finds that diversion has
in accordance with Sec. 2180 of the Civil Code. Inability to been successful. It shall order the closure of the case.
satisfy the civil the liability shall not by itself be a ground However, if it determines that diversion has failed it shall
to discontinue the diversion program of a child. On the return the case to the original court for formal criminal
other hand, consent to diversion by the child or payment proceedings.
of civil indemnity shall not in any way be construed as
admission of guilt and used as evidence against the child Section 39. Rights of the Child in Conflict with the Law. -
in the event that the case is later on returned to the court In all criminal proceedings, the child in conflict with the
for arraignment and conduct of formal proceedings. law shall have the following rights which shall be
respected and protected by the court:
The court shall act on the recommendation within five (5)
days from the termination of the hearing. (a) To be presumed innocent until guilt is proved beyond
reasonable doubt;
Section 36. Undertaking. - In all cases where a child in
conflict with the law is granted diversion by the court, the (b) To be informed promptly and directly of the nature
child, together with the mother or father, or appropriate and cause of the charge and if appropriate, through the
guardian or custodian, or in their absence, the nearest child's mother, father, legal guardian, or appropriate
relative, and the child's counsel shall sign an undertaking custodian;
to comply with their respective duties and obligation (c) To be present at every stage of the proceedings, from
under the terms and conditions of the express arraignment to promulgation of judgement. The child
agreement by complainant assisted by counsel to the may, however, waive presence at the rial pursuant to the
diversion of the child, shall be approved by and enforced stipulations set forth in the bail bond, unless presence at
under the supervision and control of the court. It shall the trial is specifically ordered by the court for purposes of
contain the following minimum principal terms and identification. The absence of the child without justifiable
conditions: cause at the trial of which there was due notice shall be
(a) The child shall appear before the social worker considered a waiver of the right of the child to be present.
assigned to the child by the Court that approved the Escape by the child under custody shall be deemed a
diversion program at least once a month for evaluation of waiver of the right to be present in all subsequent
its effectiveness. hearings until custody over such child is gained;
(b) The child shall faithfully comply with the term and (d) To have legal and other appropriate assistance in the
conditions of the program. Should the child fail to do so, preparation and presentation of the child's defense; in
the Committee shall report such failure to the court case of a child arrested for reasons related to armed
which shall set a show- cause hearing with notice to the conflict, to have immediate free legal assistance;
child and private complainant. The court shall thereafter (e) If detained, to be released (I) on recognizance to the
determine whether to allow the child to continue with willing and responsible mother or father or appropriate
the diversion program, or to end the same and direct that guardian or custodian, or in the absence thereof, the
the case now undergo a formal proceeding. nearest relative; (ii) on bail; or (iii) by commitment to a
Should the child be permitted by the court to reside in a youth detention home or youth rehabilitation center,
place under the jurisdiction of another court, control and



(f) Not to be detained in a jail or transferred to an adult (9) To be entitled to all legal remedies and support as
facility pending trial or hearing of the case, unless provided for under the Family Code;
detention is used as a last resort which must be done for (10) To be informed of the rights and the services available
the shortest time possible, and only upon order by the to victims of offenses including the right to apply for a
court; protection order;
(g) In the case the child has been arrested for reasons (11) To full and timely restitution as provided in law;
related to armed conflict, either as combatant, courier,
guide or spy: (12) To proceedings that are free from unreasonable
delay; and
(i) To be segregated and have separate detention quarters
from adults except where families are accommodated as (13) To be treated with fairness and with respect for the
family units; victim's dignity and privacy.
(ii) To immediate free legal assistance in the absence of Section 41. Responsibilities of the Court. - For the
private counsel; protection of the rights of the child in the conflict with
the law, the court shall have the following responsibilities:
(iii) To immediate notice of such arrest to the parents,
guardians or custodians or nearest relatives of the child; (1) To monitor the status of a child whose case is pending
and; in its court placed in a youth detention center or other
institution during the pendency of the child's case;
(iv) To be released on recognizance within twenty-four
(24) hours to the custody of the Department of Social (2) To receive and investigate complaints concerning
Welfare and Development or any responsible member of violations of the rights of the child whose case is pending
the community as determined by the court. on its court;
(h) To testify as a witness in his/her own behalf; and (3) To require all professionals working for the welfare of
subject to cross-examination only on matters covered by the child, such as barangay captains, teachers, social
direct examination. The child shall not be compelled to be workers, medical professionals, and law enforcers, to
a witness against himself/herself and the child's silence render regular monthly reports to the court.
shall not in any manner prejudice him/her; (4) To order access to adequate services for rehabilitation,
(i) To confront and cross-examine the witnesses against counseling and other forms of reintegration for the child;
him/her; (5) To ensure that the child who is capable of forming his
(j) To have compulsory process issued to secure the or her own views has the right to express those views
attendance of witnesses and production of other freely in all matters affecting the child, and that such
evidence in the child's behalf views be accorded due weight in accordance with the
developmental age and maturity of the child;
(k) To have speedy and impartial trial, with legal or other
appropriate assistance and preferable in the presence of (6) To ensure that the child, either directly or through a
the child's parents or legal guardian or custodian, unless representative , is provided the opportunity to be heard in
such presence is considered not to be in the best interest all proceedings affecting such child;
of the child taking into account the latter's age or other (7) To ensure communication at all times between the
peculiar circumstances; judge and the child;
(l) To be accorded all the rights under the Rule on (8) To ensure that the child sits with close family
Examination of a Child Witness; members of the child's choice during the court
(m) To have the child's privacy fully protected in all stages proceedings;
of the proceedings; and (9) To ensure that the child can communicate freely with
(n) To appeal in all cases allowed and in the manner counsel at all times;
prescribed by law. (10) To ensure that the child is informed in
Section 40. Rights if Victims of Offences Committed by age-appropriate language of all stages of the judicial
Children in Conflict with the Law. - In any case involving a proceeding affecting such child;
child in conflict with the law, the victim has the following (11) To ensure that a child placed in a Youth Detention
rights: Home or Youth Rehabilitation Center or in any child
(1) To be reasonably protected from the child in conflict facility be given appropriate medical examination in order
with the law; to determine and put on record any evidence of
ill-treatment; to identify any physical or mental condition
(2) To timely notice of any public proceedings, or any requiring medical attention; and thereafter make sure
parole proceedings involving the crime or of any release that child is provided by adequate treatment and medical
or escape of the child in conflict with the law; attention;
(3) Not to be excluded from any public proceeding, unless (12) To insure that a child is informed as soon as possible
the court, after receiving any clear and convincing of the death, serious illness or injury of any immediate
evidence, determines that the testimony by the victim family member and be allowed to visit the ill family
would be materially altered if the victim heard other member or attend the funeral, when appropriate and
testimony in that proceeding. advisable;
(4) To be reasonably heard at any administrative or public (13) To ensure if a child dies during the pendency of the
proceeding involving diversion, release, plea, suspension case or within six (6) months of release, an independent
of sentence and determination of disposition measures, inquiry is conducted on the circumstances of the death
or any parole proceeding; and a report thereof, including the child's death
(5) To confer with the prosecutor in the case; certificate, be made available to the child's mother or
(6) To avail of legal assistance from the Public Attorney's father , guardian, custodian or nearest relative;
Office, Integrated Bar of the Philippines. any other legal (14) When appropriate and advisable, to allow the child
aid office or any law practitioner. temporarily leave the detention home or rehabilitation
(7) To be informed of the availability of compensation center by means of an "out-on-pass" order to attend
from the Department of Justice Board of Claims in special family occasions such as Christmas and New Year
accordance with the provisions of Rep Act. No.7309. celebrations. The "out-on-pass" order shall contain
reasonable restrictions to ensure safety, security and
(8) To be entitled to support services from the timely return to detention as may be determined by the
Department of Social Welfare and Development and local court;
government units;


(15) To allow at all times, and from the moment of initial law to the judge whether the penalty to be imposed is
contact, any member of the family or the guardian of the fine or imprisonment, the imposition of fine should be
child to visit the child, unless prejudicial to the latter's proffered as the more appropriate penalty.
best interest; (3) No corporal punishment shall be imposed.
(16) To allow the appointment of a Guardian Ad Litem if (4) In case of the presence of any exculpatory evidence or
available and advisable, to enable the child to raise doubt in the prosecution's evidence, the doubt shall be
concerns and complaints without fear or retribution; and resolved In favor of the child.
(17) To undertake all other appropriate measures to Section 47. Promulgation of Sentence. - If. After the trial,
ensure the promotion of the best interest of the child and the court should find the child in conflict with the law
the child's eventual reintegration in society. guilty beyond reasonable doubt of the offense charged, it
Section 42. Determination of the Bests Interests of the shall impose the proper penalty, including any civil
Child. - The following factors may be considered in liability which the child may have incurred, and
determining the best interests of a child in conflict with promulgate the sentence in accordance with Section 6,
the law: the child's age and sex, the child's mental and Rule 120 of the Revised Rules if Criminal Procedure.
physical health, the mental and physical health of the Section 48. Automatic Suspension of Sentence and
parents, their lifestyle and other social factors; the Disposition Orders. - If the child is found guilty of the
emotional ties between the parents and the child, the offense charged, the court, instead of executing the
ability of the parents to provide the child with food, judgments of conviction, shall place the child in conflict
shelter, clothing and medical care; the established living with the law under suspended sentence, without need of
pattern for the child concerning school, home, application. Suspension of sentence can be availed of
community and religious institution, quality of schooling, even if the child is already eighteen years (18) of age or
the existence of other relatives who may be in a better more but not above twenty-one (21) years old, at the time
position to be with the child and the child's relationship of the pronouncement of guilt, without prejudice to the
with these relatives; the child's background, maturity and child's availing of other benefits such as probation, if
level of understanding, sexual lifestyle and any other qualified, or adjustment of penalty, in interest of justice.
characteristics and needs of the child that the court may
deem relevant. The benefits of the suspended sentence shall not apply to
a child in conflict with the law who has once enjoyed
Section 43. Arraignment and Plea. - The provisions of suspension of sentence, but shall nonetheless apply to
Rules 116 and 117 of the Revised Rules of Criminal one who is convicted of an offense punishable by
Procedure shall apply to the arraignment of the child in reclusion perpetua or life imprisonment pursuant to the
the conflict with the law. The arraignment shall be provisions of Rep. Act No. 9346 prohibiting the imposition
scheduled within three (3) days from the date of receipt of the death penalty and in lieu thereof, reclusion
of the complaint or information by the court, unless a perpetua, and after application of the privileged
shorter period is provided for by law. mitigating circumstance of minority.
In case the child is not assisted by a private counsel, the If the child in conflict with the law reaches eighteen (18)
court shall immediately appoint its Public Attorney as the years of age while under suspended sentence, the court
child's counsel de oficio. shall determine whether to discharge the child in
Arraignment shall be held in chambers and conducted by accordance with the provisions of Republic Act 9344, or to
the judge by furnishing the child and counsel a copy of extend the suspended sentence for a maximum period of
the complaint or information, reading the same in a up to the time the child reaches twenty-one (21) years of
language or dialect known to and understand by the age, or to order service of sentence.
child, explaining the nature and consequences of a plea Section 49. Disposition Conference. -In case of
of guilty or not guilty and asking the child's plea. suspended sentence, the court shall set the case for
Section 44. Pre-trial. - The provisions of Rule 118 of the disposition conference within fifteen (15) days from the
Revised Rules of Criminal Procedure shall govern the promulgation of sentence with notice to the social worker
pre-trial of the child in conflict with the law. Agreements of the court, the child and the parents or guardian ad
or admissions made during the pre-trial conference shall litem of the child and the child's counsel , the victim and
be in writing and signed by the child, the mother, the counsel. At the conference, the court shall proceed to
father or duly appointed guardian, and counsel; determine and issue any or a combination of the
otherwise, the agreements or admissions shall not be following disposition measures best suited to the
admissible against the child. rehabilitation and welfare of the child:
Whenever possible and practicable, the court shall (1) Care, guidance, and supervision of orders;
explore all possibilities of settlement of the case, except (2) Community service orders;
its criminal aspects. Plea bargaining shall be resorted to
only as a last measure when it shall serve the best interest (3) Drug and alcohol treatment
of the child and the demands of truth and restorative (4) Participation in group counseling and similar
justice. activities; and
Section 45. Trial. - All hearings shall be conducted in a (5) Commitment to the Youth Rehabilitation Center of the
manner conductive to the best interest of the child and in Department of Social Welfare and Development or other
an environment that will allow the child to participate centers for children in conflict with the law authorized by
fully and freely in accordance with the Rule on the Secretary of the Department of Social Welfare and
Examination of a Child Witness. Development.
Section 46. Guiding Principles in Judging the Child. - Section 50. Compliance with the Disposition Measures. -
Subject to the provisions of the Revised Penal Code, as The social worker assigned to the child shall monitor the
amended, and other special laws, the judgment against a compliance by the child in conflict with the law with the
child in conflict with the law shall be guided by the disposition measures and shall submit regularly to the
following principles: court a status and progress report on the matter. The
(1) The judgment shall be in proportion to the gravity of court may set a conference for the evaluation of such
the offense, and shall consider the circumstances and the report in the presence, if practicable, of the child, the
best interest of the child, the rights of the victim, and the parents or guardian, counsel and other persons whose
needs of society in line with the demands of balanced presence may be deemed necessary.
and restorative justice. Section 51. Discharge of Child Subject of Disposition
(2) Restrictions on the personal liberty of the child shall be Measure. - Upon the recommendation of the social
limited to the minimum. Where discretion is given by the worker assigned to the child, the court shall, after due
notice to all parties and hearing, dismiss the case against



the child who has been issued disposition measures, even police blotter for cases involving children in conflict with
before reaching eighteen(18) years of age, and order a the law and the adoption of a system of coding to conceal
final discharge if it finds that the child has been material information, which lead to the child's identity.
rehabilitated and has shown the capability to be a useful The records of children in conflict with the law shall not
member of the community. be used in subsequent proceedings or cases involving the
If the court finds that the child (a) is incorrigible; or (b) has same offender as an adult.
not shown the capability of becoming a useful member Section 55. Non-liability for Perjury or Concealment or
of society; or (c) has willfully failed to comply with the Misrepresentation. - Any person who has been in conflict
conditions of the disposition or rehabilitation program; (d) with the law as a child shall not be held guilty of perjury
or the child's continued stay in the training institution is or of concealment or misrepresentation by reason of
not in the child's best interest, the child shall be brought failure to acknowledge the case or recite any fact related
before the court for execution of the judgment. thereto in response to any inquiry.
The final release of the child shall not extinguish the civil Section 56. Sealing of Records. - The court, motu proprio
liability. The parents and other persons exercising or on application of a person who has been adjudged a
parental authority over the child shall be civilly liable for child in conflict with the law, or if still a minor, on motion
the injuries and damages caused by the acts or omissions of the parents or legal guardian, shall, upon notice to the
of the child living in their company and under the prosecution and after hearing, order the sealing of the
parental authority subject to the appropriate defenses records of the case if it finds that two (2) years have
provided by law. elapsed since the final discharged of the child after
Section 52. Probation as an Alternative to Imprisonment. suspension of sentence or probation, or from the date of
- The court may, after it shall have convicted and the closure order and the child has no pending case of an
sentenced a child in conflict with the law and upon offense or a crime involving moral turpitude.
application at any time, place the child on probation if Upon entry of the order, the case shall be treated as if it
qualified, in lieu of service of sentence taking into never occurred. All index references shall be deleted and
account the best interest of the child. in case of inquiry, the court, prosecution, law
Section 53. Credit in Service of Sentence. - The child in enforcement officers and all other offices and agencies
conflict with the law who has undergone preventive that dealt with the case shall reply that no record exist
imprisonment shall be credited in the service of the with respect to the child concerned. Copies of the order
sentence consisting of deprivation of liberty, with the full shall be sent to these officials and agencies named in the
time during which the child has undergone preventive order. Inspection of the sealed records thereafter may be
imprisonment, if the child agrees voluntarily in writing to permitted only by order of the court upon petition of the
abide by the same or similar disciplinary rules imposed child who is the subject of the records or of other proper
upon convicted prisoners, except in any of the following parties.
cases: This procedure shall be without prejudice to the rule on
(1) When the child is a recidivist or has been convicted destruction of video or audio tapes under Section 31 of
twice or more times of any crime; or the Rule on the Examination of Child Witness.
(2) When upon being summoned for execution of Section 57. Prohibition of Labeling. - In the conduct of
sentence, the child failed to surrender voluntarily. proceedings from initial contact with the child in conflict
with the law to the final disposition of the case, there
A child who does not agree to the same disciplinary rules shall be no branding or labeling of the child as a young
imposed upon convicted prisoners shall be credited in criminal, juvenile delinquent, prostitute, vagrant, or
the service of the sentence with four-fifths of the time attaching to the child in any manner any derogatory
during which the child has undergone preventive description or name. Likewise, no discriminatory
imprisonment. statements, conduct and practices shall be allowed,
Whenever the child has undergone preventive particularly with respect to the child's social or economic
imprisonment for a period equal to or more than the status, physical or mental disability or ethnic origin.
possible maximum imprisonment of the offense charged Section 58. Contempt Powers. - A person who directly or
to which the child may be sentenced and the case is not indirectly disobeys any order of the court or obstruct or
yet terminated, the child shall be released immediately interferes with its proceedings or the enforcement of its
without prejudice to the continuation of any on-going orders issued under this Rule shall be liable for contempt
intervention program, and the trial thereof or the of court.
proceeding on appeal, if the same is under review. In case
the maximum penalty to which the child may be Section 59. Effectivity. - This Rule as revised shall take
sentenced is destierro, the child shall be released after effect on December 1, 2009 after its publication in two (2)
thirty (30) days of preventive imprisonment. newspapers of general circulation not later than
November 27, 2009.
Any form of physical restraint imposed on the child in
conflict with the law, including community service and
commitment to a rehabilitation center, shall be A.M. No. 10-3-10-SC | RULES OF PROCEDURE
considered preventive imprisonment.
FOR INTELLECTUAL PROPERTY RIGHTS CASES
Section 54. Confidentiality of Proceedings and Record. -
All proceedings and records involving children in conflict
with the law from initial contact until final disposition of October 18, 2011
the case by the court shall be considered privileged and
confidential. The public may be excluded from the RULE 1 General Provisions
proceedings and pursuant to the provisions of Section 31 SECTION 1. Title. — These Rules shall be known and cited
of the Rule on Examination of a Child Witness, the as the "Rules of Procedure for Intellectual Property Rights
records shall not be disclosed directly or indirectly to Cases."
anyone by any of the parties or the participants in the
proceeding for any purpose whatsoever, except to SECTION 2. In What Courts Applicable. — These Rules
determine if the child may have the sentence suspended shall be observed by the Regional Trial Courts designated
under Section 38 of this Rule or if the child may be by the Supreme Court as Special Commercial Courts.
granted probation under the Probation Law, or to enforce SECTION 3. Applicability of the Regular Rules. — When
the civil liability imposed in the criminal action. the court determines that the civil or criminal action
The court shall employ other measures to protect involves complex issues, it shall issue a special order that
confidentiality of proceedings including non-disclosure of the regular procedure prescribed in the Rules of Court
records to the media, the maintenance of a separate shall apply, stating the reason therefor.


Where applicable, the Rules of Court shall apply possessing any right, title or interest under claim of
suppletorily to proceedings under these Rules. ownership in any intellectual property right, whose right
SECTION 4. Executory Nature of Orders. — Any order may have been violated, may file an action under these
issued by the court under these Rules is immediately Rules.
executory unless restrained by a superior court. Any person who is a national or who is domiciled or has a
SECTION 5. Verification and Supporting Documents. — real and effective industrial establishment in a country
Any pleading, motion, opposition, defense or claim filed which is a party to any convention, treaty or agreement
by any interested party shall be supported by verified relating to intellectual property rights or the repression of
statements that the affiant has read the same and that unfair competition, to which the Philippines is also a
the factual allegations therein are true and correct of his party, or extends reciprocal rights to nationals of the
personal knowledge or based on authentic records, and Philippines by law, shall be entitled to file an action under
shall contain as annexes such documents as may be these Rules.
deemed by the party submitting the same as supportive Any foreign national or juridical person who meets the
of the allegations in the affidavits. requirements of the immediately preceding paragraph,
SECTION 6. Duty of the Clerk of Court. — It shall be the and does not engage in business in the Philippines, may
duty of the branch clerk of court to notify in writing the also file an action under these Rules.
Director-General of the Intellectual Property Office (IPO) SECTION 3. Form and Contents of the Complaint. — The
of any action, suit or proceeding involving a copyright, complaint shall be verified and shall state the full names
trademark, service mark, patent, industrial design, utility of the parties to the case. Facts showing the capacity of a
model, undisclosed information and technology transfer party to sue or be sued, or the authority of a party to sue
agreement. Such notice shall set forth: the names and or be sued in a representative capacity, or the legal
addresses of the litigants and the copyright, trademark, existence of an organized association of persons that is
service mark, patent or design registrations involved and, made a party, must be averred. In case of juridical
where applicable, the numbers of their certificates of persons, proof of capacity to sue must be attached to the
registration. The notice shall be submitted within one (1) complaint.
month after the filing thereof. The complaint shall contain a concise statement of the
CIVIL PROCEDURE ultimate facts constituting the complainant's cause or
causes of action. It shall specify the relief(s) sought, but it
RULE 2 Nature of Proceedings may add a general prayer for such further or other relief(s)
SECTION 1. Scope. — Rules 2 to 9 shall apply to all civil as may be deemed just or equitable.
actions for violations of intellectual property rights The affidavits in question-and-answer format referred to
provided for in Republic Act 8293 or the Intellectual in Sec. 5 hereof and the relevant evidence shall be made
Property Code, as amended, including civil actions for part of the complaint.
Infringement of Patent (Section 76), Utility Model (Section The complaint shall include a certification that the party
108) and Industrial Design (Section 119), Trademark commencing the action has not filed any other action or
Infringement (Section 155 in relation to Section 163), proceeding involving the same issue or issues before any
Unfair Competition (Section 168 in relation to Section 163), tribunal or agency nor is such action or proceeding
actions concerning trademark license contracts (Section pending in other quasi-judicial bodies; Provided, however,
150 in relation to Section 163), actions concerning that if any such action is pending, the status of the same
imported merchandise or goods bearing infringing must be stated, and should knowledge thereof be
marks or trade names (Section 166 in relation to Section acquired after the filing of the complaint, the party
163), actions for cancellation of the registration of a concerned shall undertake to notify the court within five
collective mark (Section 167 in relation to Section 163), (5) days from such knowledge.
False Designations of Origin; False Description or
Representation (Section 169 in relation to Section 163), When the party-litigant is a corporation, the
Breach of Contract (Section 194), civil actions for verification/certification of non-forum shopping required
infringement of copyright, moral rights, performers' should be executed by a natural person duly authorized
rights, producers' rights, and broadcasting rights by the corporation, through a special power of attorney or
(Sections 177, 193, 203, 208, 211, and 216), and other a board resolution for the purpose, attached to the
violations of intellectual property rights as may be complaint.
defined by law. The complaint shall further be accompanied by proof of
SECTION 2. Special Commercial Courts in the National payment of docket and other lawful fees.
Capital Judicial Region with Authority to Issue Writs of Failure to comply with the foregoing requirements shall
Search and Seizure Enforceable Nationwide. — Special not be remedied by mere amendment of the complaint.
Commercial Courts in Quezon City, Manila, Makati, and The court, motu proprio, shall dismiss the case without
Pasig shall have authority to act on applications for the prejudice.
issuance of writs of search and seizure in civil actions for
violations of the Intellectual Property Code, which writs The submission of a false certification or non-compliance
shall be enforceable nationwide. The issuance of these with any of the undertakings therein shall constitute
writs shall be governed by the rules prescribed in Re: indirect contempt, without prejudice to the
Proposed Rule on Search and Seizure in Civil Actions for corresponding administrative, civil and criminal liabilities.
Infringement of Intellectual Property Rights (A.M. No. If the acts of a party or his counsel clearly constitute
02-1-06-SC, which took effect on February 15, 2002). willful and deliberate forum shopping, the same shall be
Within their respective territorial jurisdictions, the Special a ground for summary dismissal with prejudice and shall
Commercial Courts in the judicial regions where the constitute direct contempt.
violation of intellectual property rights occurred shall
have concurrent jurisdiction to issue writs of search and SECTION 4. Prohibited Pleadings. — The following
seizure. pleadings are prohibited:
RULE 3 Commencement of Action a) Motion to dismiss;
SECTION 1. Pleadings. — The only pleadings allowed to be b) Motion for a bill of particulars;

filed are the complaints, compulsory counterclaims and c) Motion for reconsideration of a final order or
cross-claims pleaded in the answer, and the answers judgment, except with regard to an order of destruction
thereto. All pleadings shall be verified. issued under Rule 20 hereof;
SECTION 2. Who May File an Action Under These Rules. — d) Reply;
Any intellectual property right owner, or anyone
e) Petition for relief from judgment;



f) Motion for extension of time to file pleadings or other Should either personal or substituted service fail,
written submissions, except for the answer for summons by publication shall be allowed. In the case of
meritorious reasons; juridical entities, summons by publication shall be done
g) Motion for postponement intended for delay; by indicating the names of the officers or their duly
authorized representative.
h) Third-party complaint;
SECTION 3. Answer. — Within fifteen (15) days from
i) Intervention; service of summons, the defendant shall file his answer to
j) Motion to hear affirmative defenses; and the complaint and serve a copy thereof on the plaintiff.
Affirmative and negative defenses not pleaded in the
k) Any pleading or motion which is similar to or of like answer shall be deemed waived, except when the court
effect as any of the foregoing. has no jurisdiction over the subject matter, when there is
SECTION 5. Affidavits. — The affidavits required to be another action pending between the same parties for the
submitted with the complaint shall be in same cause, or when the action is barred by a prior
question-and-answer format numbered consecutively, judgment or by the statute of limitations. Cross-claims
and shall state only facts of direct personal knowledge of and compulsory counterclaims not asserted in the
the affiants which are admissible in evidence. The answer shall be considered barred. The answer to
affidavits shall also show the competence of the affiants counterclaims or cross-claims shall be filed and served
to testify to the matters stated therein. within ten (10) days from service of the answer in which
they are pleaded.
A violation of this requirement may subject the party or
the counsel who submits the same to disciplinary action, SECTION 4. Effect of Failure to Answer. — Should the
and shall be a ground for the court to order that the defendant fail to answer the complaint within the period
inadmissible affidavit or portion thereof be expunged stated above, the court, motu proprio or on motion of the
from the records. plaintiff, shall render judgment as may be warranted by
the allegations of the complaint, as well as the affidavits
SECTION 6. Failure to File Complaint Where a Writ of and other evidence on record, unless the court in its
Search and Seizure is Issued. — Upon motion of the party discretion requires the plaintiff to submit additional
whose goods have been seized, with notice to the evidence. Such reception of additional evidence may be
applicant, the issuing court may lift its writ and order the delegated to the clerk of court. In no case shall the court
return of the seized goods if no case is filed with the award a relief beyond or different from that prayed for;
appropriate court and/or appropriate quasi-judicial Provided, that the court may, in its discretion, reduce the
agency, including the Intellectual Property Office of the amount of damages and attorney's fees claimed for being
Philippines, within thirty-one (31) calendar days from the excessive or otherwise unconscionable.
date of issuance of the writ.
SECTION 5. Affidavits. — The affidavits required to be
If no motion for the return of the seized goods is filed submitted with the answer shall be in
within sixty (60) days from the issuance of the writ under question-and-answer format numbered consecutively,
the preceding paragraph, the court shall order the and shall state only facts of direct personal knowledge of
disposal of the goods, as may be warranted, after hearing the affiants which are admissible in evidence. The
with notice to the parties. affidavits shall also show the competence of the affiants
RULE 4 Answer to testify to the matters stated therein.
SECTION 1. Summons. — The summons and the A violation of this requirement may subject the party or
complaint, including its attachments, shall be served not the counsel who submits the same to disciplinary action,
later than five (5) days from receipt of the complaint by and shall be ground for the court to order that the
the court to which it is assigned or raffled. inadmissible affidavit or portion thereof be expunged
from the records.
SECTION 2. Service of Summons, Orders and Other Court
Processes. — Summons, orders and other court processes RULE 5 Modes of Discovery
may be served by the sheriff, his deputy or other proper SECTION 1. In general. — A party can avail of any of the
court officer or for justifiable reasons, by the counsel or modes of discovery not later than thirty (30) days from
representative of the plaintiff or any suitable person the joinder of issues.
authorized by the court issuing the summons.
SECTION 2. Objections. — Any mode of discovery, such as
Any private person who is authorized by the court to interrogatories, request for admission, production or
serve summons, orders and other court processes shall, inspection of documents or things, may be objected to
for that purpose, be considered an officer of the court. within ten (10) days from receipt of the request for
When the defendant is a foreign private juridical entity, discovery and only on the ground that the matter
service may be made on its resident agent designated in requested is manifestly incompetent, immaterial, or
accordance with law for that purpose, or, if there be no irrelevant or is undisclosed information or privileged in
such agent, on the government official designated by law nature, or the request is for harassment. The requesting
to that effect, or on any of its officers or agents within the party may comment in writing within three (3) days from
Philippines. receipt of the objection. Thereafter, the court shall rule on
If the foreign private juridical entity is not registered in the objection not later than ten (10) days from receipt of
the Philippines or has no resident agent, service may, the comment or the expiration of the three-day period.
with leave of court, be effected out of the Philippines SECTION 3. Compliance. — Compliance with any mode of
through any of the following means: discovery shall be made within ten (10) days from receipt
a) By personal service coursed through the appropriate of the request for discovery, or if there are objections,
court in the foreign country with the assistance of the from notice of the ruling of the court.
Department of Foreign Affairs; SECTION 4. Sanctions. — The sanctions prescribed by the
b) By publication once in a newspaper of general Rules of Court in relation to the modes of discovery shall
circulation in the country where the defendant may be apply.
found and by serving a copy of the summons and the RULE 6 Pre-Trial
court order by registered mail at the last known address
of the defendant; SECTION 1. Pre-trial; Mandatory Nature. — Within five (5)
days after the period for availing of, or compliance with,
c) By facsimile or any recognized electronic means that any of the modes of discovery prescribed in Rule 5 hereof,
could generate proof of service; or whichever comes later, the handling court shall
d) By such other means as the court may, in its immediately set the case for pre-trial and direct the
discretion, direct. parties to submit their respective pre-trial briefs. The


parties shall file with the court and furnish each other SECTION 3. Effect of Failure to Appear. — The failure of
copies of their respective pre-trial briefs in such manner the plaintiff to submit a pre-trial brief within the specified
as to ensure receipt by the court and the other party at period or to appear in the pre-trial shall be a cause for the
least five (5) days before the date set for the pre-trial. dismissal of the complaint with prejudice, unless
The parties shall set forth in their pre-trial briefs, among otherwise ordered by the court. The defendant who
other matters, the following: submits a pre-trial brief and who appears during the
pre-trial shall be entitled to a judgment on the
a) Brief statement of the nature of the case, which shall counterclaim unless the court requires evidence ex parte
summarize the theory or theories of the party in clear and for a judgment. Any cross-claim shall be dismissed.
concise language;
The failure of the defendant to submit a pre-trial brief
b) Allegations expressly admitted by either or both within the specified period or to appear in the pre-trial
parties; shall be a cause for the dismissal of the counterclaim. The
c) Allegations deemed admitted by either or both plaintiff who submits a pre-trial brief and who appears
parties; during the pre-trial shall be entitled to a judgment on the
complaint unless the court requires evidence ex parte for
d) Documents not specifically denied under oath by a judgment.
either or both parties;
SECTION 4. Termination. — The pre-trial shall be
e) Amendments to the pleadings; terminated not later than thirty (30) working days after its
f) Statement of the issues, which shall separately commencement, excluding the period for mediation and
summarize the factual and legal issues involved in the judicial dispute resolution (JDR).
case; SECTION 5. Record of Pre-trial. — The proceedings in the
g) Names, addresses and contact numbers of affiants pre-trial shall be recorded, excluding mediation and JDR.
and their judicial affidavits supporting the parties' Within ten (10) days after the termination of the pre-trial,
respective positions on each of the issues; the court shall issue an order which shall recite in detail
the matters taken up in the pre-trial, the actions taken on
h) All other pieces of evidence, whether documentary or such matters, the amendments allowed in the pleadings,
otherwise, and their respective purposes; and the agreements or admissions made by the parties
i) Specific proposals for an amicable settlement; as to any of the matters considered. The court shall rule
j) Possibility of referral to mediation or other alternative on all objections to or comments on the admissibility of
modes of dispute resolution; any documentary or other evidence, including any
affidavit or any part thereof.
k) Requests for closed door hearings in cases involving
trade secrets, undisclosed information and patents; and The court shall indicate whether the case shall be
submitted for decision immediately after pre-trial, or on
l) Such other matters as may aid in the just and speedy the basis of position papers, or after clarificatory hearing,
disposition of the case. or after trial.
SECTION 2. Nature and Purpose of Pre-trial. — Upon SECTION 6. Submission of Position Papers. — If the case is
appearance of the parties during the pre-trial, the court to be submitted for decision on the basis of position
shall order the parties to appear before the Philippine papers, the court, in the Pre-Trial Order, shall direct the
Mediation Center in accordance with mediation rules of parties to file simultaneously their respective position
the Supreme Court. papers, setting forth the law and the facts relied upon by
Should the parties fail to settle the case after mediation, them and attaching thereto affidavits of their witnesses
the pairing court shall conduct judicial dispute resolution in question-and-answer format numbered consecutively,
(JDR) conferences upon request of the court handling the and other evidence on the factual issues defined in the
case in accordance with the guidelines of the Supreme order, together with their respective draft decisions, if so
Court. desired, within a non-extendible period of thirty (30) days
from receipt of the order. No reply or rejoinder shall be
Pending mediation before the Philippine Mediation allowed.
Center and JDR with the pairing court, the court handling
the case shall suspend the proceedings. If either SECTION 7. Clarificatory Hearing or Hearings Following
mediation or JDR fails, the case shall be returned to the Pre-Trial. — If there are matters to be clarified, the court
court with dispatch for the pre-trial. shall include in the Pre-Trial Order the schedule of
clarificatory hearing or hearings, which must commence
Before the pre-trial, the court may require the marking of within thirty (30) days from the termination of the
documentary or object evidence by the branch clerk of pre-trial, and be completed not later than fifteen (15) days
court or any authorized court personnel. thereafter.
During the pre-trial, the court shall, with its active At least three (3) days before the scheduled clarificatory
participation, ensure that the parties consider in detail all hearing, the parties may submit clarificatory questions
of the following: which the court, in its discretion, may propound.
a) The possibility of an amicable settlement; SECTION 8. Schedule of Trial. — If the court deems it
b) Facts that need not be proven, either because they necessary to hold trial, the court shall include in the
are matters of judicial notice, or expressly or deemed Pre-Trial Order the schedule of hearings to be conducted
admitted; expeditiously and completed not later than sixty (60) days
from the date of the initial trial which must commence
c) Permissible amendments to the pleadings; within thirty (30) days from the termination of the
d) The possibility of obtaining stipulations and pre-trial.
admissions of facts and documents;
RULE 7 Clarificatory Hearing and Trial
e) Objections to the admissibility of testimonial,
documentary and other evidence; SECTION 1. Clarificatory Hearings. — During clarificatory
hearing or hearings, the parties must have
f) Submission of judicial affidavits of witnesses and representatives and their counsels ready for questioning
objections to the form or substance of any affidavit, or by the court.
part thereof;
Immediately after termination of such clarificatory
g) Simplification of the issues; and hearing or hearings, the court shall order the parties to
h) Such other matters as may aid in the speedy and simultaneously file, within ten (10) days from such date,
summary disposition of the case. their respective position papers as required under Section
6, Rule 6, above.


SECTION 2. Clarificatory Hearing or Hearings Following SECTION 4. Judgment After Trial. — Within sixty (60) days
Submission of Position Papers. — Upon submission of the after receipt of the draft decision of the parties under Sec.
parties' position papers immediately after the pre-trial as 6 of Rule 7, the court shall render judgment.
required under Sec. 6 of the preceding Rule, and the SECTION 5. Judgments Executory Pending Appeal. —
court deems it necessary to hold clarificatory hearing or Unless restrained by a higher court, the judgment of the
hearings on any matter before rendering judgment, it court shall be executory even pending appeal under such
shall set the case for such purpose. terms and conditions as the court may prescribe.
The order setting the case for clarificatory hearing must
be issued not later than fifteen (15) days after receipt of RULE 9 Appeal
the last position papers or the expiration of the period for SECTION 1. Who May Appeal. — Any party may appeal
filing the same and the clarificatory hearing must be from a judgment or final order.
scheduled within fifteen (15) days from the issuance of
such order and completed not later than fifteen (15) days. SECTION 2. How Appeal Taken. — All decisions and final
orders shall be appealable to the Court of Appeals
During said clarificatory hearing or hearings, the parties through a petition for review under Rule 43 of the Rules
must have representatives and their counsels ready for of Court.
questioning by the court.
The petition for review shall be taken within fifteen (15)
SECTION 3. Judicial Affidavits. — The judicial affidavits days from notice of the decision or final order of the
shall serve as the direct testimonies of the witnesses Regional Trial Court designated by the Supreme Court as
during trial, subject to cross-examination by the adverse Special Commercial Courts. Upon proper motion and the
party. payment of the full amount of the legal fee prescribed in
SECTION 4. Period of Trial. — A period not exceeding Rule 141, as amended, and before the expiration of the
thirty (30) days shall be allotted to the plaintiff and a reglementary period, the Court of Appeals may grant an
similar period to the defendant in the manner prescribed additional period of fifteen (15) days within which to file
in the Pre-Trial Order. The failure of a party to present a the petition for review. No further extension shall be
witness on a scheduled trial date shall be deemed a granted except for the most compelling reasons and in
waiver of such trial date. However, a party may present no case to exceed fifteen (15) days.
such witness or witnesses within the party's remaining CRIMINAL PROCEDURE
allotted trial dates. No extension shall be allowed by the
judge except for justifiable reasons. RULE 10 Nature of Proceedings
SECTION 5. Offer of and Ruling on Exhibits. — Evidence SECTION 1. Scope. — Rules 10 to 15 shall apply to all
presented during the trial and not otherwise admitted by criminal actions for violations of intellectual property
the parties or ruled upon by the court during the pre-trial rights provided for in Republic Act 8293 or the Intellectual
shall be offered orally immediately after the completion Property Code, as amended, including Repetition of
of the presentation of evidence of the party concerned. Infringement of Patent (Section 84), Utility Model
The opposing party shall immediately raise the objections (Section 108) and Industrial Design (Section 119),
on the offer of exhibits and thereafter, the court shall at Trademark Infringement (Section 155 in relation to
once rule on the offer and objections in open court. Section 170), Unfair Competition (Section 168 in relation to
In case the court requires the submission of written Section 170), False Designations of Origin; False
formal offer of exhibits, the same shall be submitted to Description or Representation (Section 169.1 in relation to
the court within five (5) days from completion of the Section 170), infringement of copyright, moral rights,
presentation of the evidence of the party, furnishing performers' rights, producers' rights, and broadcasting
copies thereof on the other party, who may submit rights (Section 177, 193, 203, 208 and 211 in relation to
comments or objections to the formal offer within five (5) Section 217), and other violations of intellectual property
days from receipt. The court shall make its ruling on the rights as may be defined by law.
offer within five (5) days from the expiration of the period SECTION 2. Special Commercial Courts in the National
to file comments or objections. Capital Judicial Region with Authority to Issue Search
SECTION 6. Mandatory Submission of Draft Decisions. — Warrants Enforceable Nationwide. — Special Commercial
Immediately after an oral ruling on the last offer of Courts in Quezon City, Manila, Makati, and Pasig shall
evidence, the court shall order the parties to have authority to act on applications for the issuance of
simultaneously submit their respective draft decisions, search warrants involving violations of the Intellectual
within a non-extendible period of thirty (30) days. In case Property Code, which search warrants shall be
the ruling is in writing, the court shall order the parties to enforceable nationwide. Within their respective territorial
simultaneously submit their respective draft decisions jurisdictions, the Special Commercial Courts in the
within a non-extendible period of thirty (30) days from judicial regions where the violation of intellectual
receipt of the order. property rights occurred shall have concurrent
jurisdiction to issue search warrants.
RULE 8 Judgment Accordingly, the Executive Judges are hereby relieved of
SECTION 1. Judgment Immediately After Pre-Trial. — the duty to issue search warrants involving violations of
Where the case is submitted for decision immediately the Intellectual Property Code in criminal cases as stated
after pre-trial in accordance with Sec. 5, Rule 6, the court in Sec. 12, Chapter V of A.M. No. 03-8-02-SC (Guidelines on
shall render judgment within forty-five (45) days after the Selection and Appointment of Executive Judges and
pre-trial. Defining their Powers, Prerogatives and Duties).
SECTION 2. Judgment After Submission of Position RULE 11 Commencement of Action
Papers. — Within forty-five (45) days after receipt of the
last position paper, affidavits, documentary and real SECTION 1. How Commenced. — The filing of criminal
evidence, or the expiration of the period for filing the cases falling within the scope of this Rule shall be by
same under Sec. 6 of Rule 6 and Sec. 1 of Rule 7, the court information after a prior verified complaint is filed under
shall render judgment on the basis of the parties' position Rule 12 on Preliminary Investigation.
papers, affidavits, documentary and real evidence. When the information is filed, the verified complaint and
SECTION 3. Judgment After Clarificatory Hearing. — the affidavits of witnesses together with other evidence,
Within forty-five (45) days after termination of in such number of copies as there are accused plus two
clarificatory hearing or hearings under Sec. 7 of Rule 6 (2) copies for the court's files, shall be attached thereto.
and Sec. 2 of Rule 7, the court shall render judgment. In case of failure to attach the complaint, affidavits and
evidence, the court shall order the investigating


prosecutor, through the court's designated prosecutor, to executed by the proper officer of such registries or offices.

submit the said requirements before the pre-trial. Where the complainant is a foreign national or is
SECTION 2. Where to File. — The information, together domiciled or has a real and effective industrial
with attachments, shall be filed with the court referred to establishment in a country which is a party to any
in Section 2 of Rule 1, which has jurisdiction over the convention, treaty or agreement relating to intellectual
territory where any of the elements of the offense property rights or the repression of unfair competition to
occurred. which the Philippines is also a party, or extends reciprocal
rights to national of the Philippines by law, the verified
SECTION 3. When Warrant of Arrest May Issue. — Within complaint must contain such facts showing entitlement
ten (10) days from the filing of the information, the judge to file the action.
shall personally evaluate the information together with
the resolution of the prosecutor and its supporting b) The complaint shall state the address of the
documents. The judge may immediately dismiss the case respondent and shall be in such number of copies as
if the evidence on record clearly fails to establish probable there are respondents, plus two (2) copies for the
cause. If he finds probable cause, he shall issue a warrant investigating prosecutor. The complaint shall be
of arrest, or a commitment order if the accused has subscribed and sworn to before any prosecutor or
already been arrested. In case of doubt on the existence government official authorized to administer oath, or, in
of probable cause, the judge may order the prosecutor to their absence or unavailability, before a notary public. The
present additional evidence within five (5) days from administering officer must certify that he personally
notice and the issue must be resolved by the court within examined the complainant and that he is satisfied that
fifteen (15) days from the presentation of the additional the complainant voluntarily executed and understood the
evidence. complaint.
SECTION 4. Disposition of Goods Seized Pursuant to c) The complaint shall be accompanied by the affidavits
Search Warrant. — If a criminal action has been of the complainant and his witnesses, as well as other
instituted, only the trial court shall rule on a motion to supporting documents to establish probable cause.
quash a search warrant or to suppress evidence obtained Notarized affidavits of witnesses shall be allowed and
thereby or to release seized goods. admitted as part of the complaint, provided that
affidavits executed by non-residents of the Philippines
It shall be the duty of the applicant or private shall be duly authenticated by the concerned Philippine
complainant to file a motion for the immediate transfer consular or diplomatic office.
of the seized goods to the trial court, which motion shall
be immediately acted upon by the issuing court. d) In instances where multiple complaints are filed by
the same complainant, copies of the supporting
If no criminal action has been instituted, the motion to documents shall be admitted after they are compared
quash a search warrant or to suppress evidence obtained with and shown to be faithful reproductions of the
thereby or to release seized goods may be filed in and originals or certified documents referred to in
resolved by the issuing court. If pending resolution of the sub-paragraphs (a) and (c) above.
motion, a criminal case is meanwhile filed in another
court, the incident shall be transferred to and resolved by SECTION 2. Procedure. — The preliminary investigation
the latter court. shall be conducted as follows:
Upon motion of the party whose goods have been seized, a) Within ten (10) days after the filing of the complaint,
with notice to the applicant, the issuing court may quash the investigating prosecutor, on the basis of the
the search warrant and order the return of the seized complaint and the affidavits and other evidence
goods if no criminal complaint is filed within sixty (60) accompanying the same, may dismiss the case outright
days from the issuance of the search warrant. for being patently without basis or merit and order the
release of the accused if in custody, and/or seized articles
If no criminal action is filed before the office of the in custody, if any.
prosecutor and no motion for the return of the seized
goods is filed within sixty (60) days from the issuance of b) When the complaint is not dismissed pursuant to the
the search warrant, the issuing court shall require the immediately preceding paragraph, the investigating
parties, including the private complainant, if any, to show prosecutor, within ten (10) days from the filing of the
cause why the search warrant should not be quashed. complaint, shall issue an order to the respondent
attaching thereto a copy of the complaint and its
SECTION 5. Prohibited Motions. — The following motions supporting affidavits and documents, and require the
shall not be allowed: respondent to submit his counter-affidavit and the
a) Motion to quash the information, except on the affidavits of his witnesses and other documentary
ground of lack of jurisdiction; evidence in the format required under Section 1 hereof,
wherever applicable, serving copies thereof on the
b) Motion for extension of time to file affidavits or any complainant not later than ten (10) days from receipt
other papers; and ofsaid order. The counter-affidavits shall be subscribed
c) Motion for postponement intended for delay. and sworn to and certified as provided in paragraphs (b)
and (c) of Section 1 hereof. The respondent shall not be
RULE 12 Preliminary Investigation allowed to file a motion to dismiss in lieu of a
SECTION 1. Complaint. — The complaint shall be filed counter-affidavit.
with the Department of Justice or the office of the c) If the respondent cannot be served with the order of
prosecutor that has jurisdiction over the offense charged: the investigating prosecutor, or if served, does not submit
a) The complaint shall state the full name of the counter-affidavits within the ten (10) day period, the
complainant and the facts showing the capacity or investigating prosecutor shall resolve the complaint
authority of the complaining witness to institute a based on the evidence presented by the complainant.
criminal action in a representative capacity, and the legal d) The investigating prosecutor may set a hearing if
existence of an organized association of persons that is there are facts and issues to be clarified from a party or a
instituting the criminal action. In case of juridical persons, witness. The parties can be present at the hearing but
proof of capacity to sue must be attached to the without the right to examine or cross-examine. They may,
complaint. Where the complainant is a juridical person however, submit to the investigating prosecutor
not registered in the Philippines, documents proving its questions which may be asked to the party or witness
legal existence and/or its capacity to sue, such as a concerned.
certificate of registration or extracts from relevant
commercial registries or offices having jurisdiction over e) Within ten (10) days from the last written submission
said entities, shall be accepted if these are originals or in by the parties or the expiration of the period for such
case of public documents, certified true copies thereof submission, the investigating prosecutor shall determine


whether or not there is sufficient ground to hold the a) Plea bargaining;
respondent for trial. b) The stipulations or admissions entered into by the
SECTION 3. When Accused Lawfully Arrested Without parties;
Warrant. — When a person is lawfully arrested without a c) Whether, on the basis of the stipulations and
warrant, the information may be filed by a prosecutor admissions made by the parties, judgment may be
without need of such investigation provided an inquest rendered without the need of further proceedings, in
had been conducted in accordance with existing Rules. which event judgment shall be rendered within thirty (30)
Before the information is filed, the person arrested may days from issuance of the order;
ask for a preliminary investigation in accordance with this d) A clear specification of material facts which remain
Rule, but he must sign a waiver of the provisions of Article controverted;
125 of the Revised Penal Code, as amended, in the
presence of his counsel. Notwithstanding the waiver, he e) Trial dates of each party;
may apply for bail and the investigation must be f) Such other matters intended to expedite the
terminated within fifteen (15) days from its inception. disposition of the case.
After the filing of the information in court without
preliminary investigation, the accused may, within five (5)
RULE 14 Trial
days from the time he learns of its filing, ask for a SECTION 1. Affidavits and Other Evidence at the Trial. —
preliminary investigation with the same right to adduce The Court shall hear the evidence of the parties on the
evidence in his defense as provided in this Rule. trial dates agreed upon by them during the pre-trial. The
affidavits of the witnesses of the parties which form part
RULE 13 Arraignment and Pre-Trial of the record of the case, such as those submitted: (a)
SECTION 1. Arraignment. — The arraignment shall be during the preliminary investigation; and/or (b) during
conducted in accordance with Rule 116 of the Rules of the pre-trial, shall constitute the direct testimonies of the
Court. If the accused is in custody for the crime charged, witnesses who executed them. Such witnesses may be
he shall be immediately arraigned. If the accused enters a subjected to cross examination by the adverse party.
plea of guilty, he shall forthwith be sentenced. SECTION 2. Conduct of Trial. — The court shall conduct
After arraignment, the court shall immediately schedule hearings expeditiously so as to ensure speedy trial. Each
the case for pre-trial. party shall have a maximum period of sixty (60) days to
present his evidence-in-chief on the trial dates agreed
SECTION 2. Referral to Mediation. — Before conducting upon during the pre-trial.
the trial, the court shall call the parties to a pre-trial. Upon
appearance of the parties during pre-trial, the judge shall SECTION 3. Submission of Memoranda. — Upon
order the parties to appear before the Philippine termination of trial, the court may order the parties to
Mediation Center for court-annexed mediation on the submit within a non-extendible period of thirty (30) days
civil aspect of the criminal action. The pre-trial judge shall their memoranda setting forth the law and the facts
suspend the court proceedings while the case is relied upon by them.
undergoing mediation. Upon termination of the SECTION 4. Judgment. — The court shall promulgate the
mediation proceedings, the court shall continue with the judgment not later than sixty (60) days from the time the
pre-trial. case is submitted for decision, with or without the
SECTION 3. Pre-trial. — During the pre-trial, a stipulation memoranda. A copy of the judgment shall be furnished
of facts may be entered into, or the propriety of allowing the IPO.
the accused to enter a plea of guilty to a lesser offense
may be considered, or such other matters as may be
RULE 15 Appeal
taken up to clarify the issues and to ensure a speedy SECTION 1. Who May Appeal. — Any party may appeal
disposition of the case. However, no admission by the from a judgment or final order, unless the accused will be
accused shall be used against him unless reduced to placed in double jeopardy.
writing and signed by the accused and his counsel. A SECTION 2. How Appeal Taken. — The appeal shall be
refusal or failure to stipulate shall not prejudice the taken in the manner provided under Rule 122 of the Rules
accused. of Court.
The pre-trial shall be terminated not later than thirty (30)
days from the date of its commencement, excluding the RULE 16 Common Rules on Admissibility and Weight
period for mediation and JDR. of Evidence
Should a party desire to present additional affidavits or SECTION 1. Evidence of Good Faith. — In cases of patent
counter affidavits as part of his direct evidence, he shall infringement, trademark infringement, and copyright
so manifest during the pre-trial, stating the purpose infringement, fraudulent intent on the part of the
thereof. If allowed by the court, the additional affidavits of defendant or the accused need not be established. Good
the prosecution or the counter-affidavits of the defense faith is not a defense unless the defendant or the accused
shall be submitted to the court and served on the adverse claims to be a prior user under Sections 73 and 159 of the
party not later than three (3) days after the termination of Intellectual Property Code or when damages may be
the pre-trial. If the additional affidavits are presented by recovered under Sections 76, 156, and 216 of the Code.
the prosecution, the accused may file his counter SECTION 2. Foreign Official Documents. — All official
affidavits and serve the same on the prosecution within records kept in a foreign country, including certificates of
three (3) days from such service. registration, shall be admissible if authenticated by the
Before the pre-trial, the court may require the marking of proper consular office of the Philippines having
documentary or object evidence by the branch clerk of jurisdiction over the country where such records and/or
court or any authorized court personnel. certificates are kept. However, such authentication of
SECTION 4. Non-Appearance at the Pre-Trial. — If the foreign official documents may be the subject of the
counsel for the accused or the prosecutor does not agreement of the parties.
appear at the pre-trial and does not offer an acceptable SECTION 3. Deposition of Foreign Witness. — The
excuse for his lack of cooperation, the court may impose deposition of any witness abroad shall be taken within six
proper sanctions or penalties. (6) months from the date of the order allowing the
SECTION 5. Record of Pre-Trial. — Within five (5) days after deposition, unless the failure to take the deposition
the termination of the pre-trial, the court shall issue an within the period is caused by a fortuitous event, fraud,
order stating the matters taken up therein, including but accident, mistake or excusable negligence.
not limited to: SECTION 4. Presumptions in the Intellectual Property
Code. — The presumptions in the Intellectual Property



Code on patents, trademarks and copyright shall apply to RULE 18 Evidence in Trademark Infringement and
these Rules.
Unfair Competition Cases
SECTION 5. Suppletory Application of the Rules on
Discovery and Evidence. — Unless inconsistent with these SECTION 1. Certificate of Registration. — A certificate of
Rules, the rules on discovery and evidence under the registration of a mark shall be prima facie evidence of:
Rules of Court shall apply. a) the validity of the registration;
RULE 17 Evidence in Patent Cases b) the registrant's ownership of the mark; and
SECTION 1. Burden of Proof in Patent Infringement; c) the registrant's exclusive right to use the same in
Presumption Regarding Process Patents. — a) The connection with the goods or services and those that are
burden of proof to substantiate a charge for patent related thereto specified in the certificate.
infringement rests on the party alleging the same, SECTION 2. Well-Known Mark. — In determining whether
subject, however, to sub-Section b) below, and other a mark is well-known, account shall be taken of the
applicable laws. knowledge of the relevant sector of the public, rather
b) If the subject matter of a patent is a process for than of the public at large, including knowledge in the
obtaining a product, any identical product is presumed to Philippines which has been obtained as a result of the
have been obtained through the use of the patented promotion of the mark. The following criteria or any
process if: (i) the product is new; or (ii) there is substantial combination thereof may be taken into account in
likelihood that the identical product was made by the determining whether a mark is well-known:
process and the owner of the patent has been unable, a) the duration, extent and geographical area of any use
despite reasonable efforts, to determine the process of the mark; in particular, the duration, extent and
actually used. In such cases, the court shall then order the geographical area of any promotion of the mark,
defendant or alleged infringer to prove that the process including advertising or publicity and the presentation, at
to obtain the identical product is different from the fairs or exhibitions, of the goods and/or services to which
patented process, subject to the court's adoption of the mark applies;
measures to protect, as far as practicable, said defendant
or alleged infringer's manufacturing and business b) the market share, in the Philippines and in other
secrets. countries, of the goods and/or services to which the mark
applies;
SECTION 2. Patents Issued Presumed Valid. — a) In all
cases, a letters patent issued by the Intellectual Property c) the degree of the inherent or acquired distinction of
Office — Bureau of Patents, or its predecessor or the mark;
successor-agencies, is prima facie evidence of its d) the quality-image or reputation acquired by the mark;
existence and validity during the term specified therein e) the extent to which the mark has been registered in
against all persons, unless the same has already been the world;
cancelled or voided by a final and executory judgment or
order. f) the exclusivity of registration attained by the mark in
the world;
b) Moreover, letters patents issued by the Intellectual
Property Office. — Bureau of Patents, or its predecessor or g) the extent to which the mark has been used in the
successor-agencies, are presumed to have been validly world;
issued by said government agency in accordance with h) the exclusivity of use attained by the mark in the
applicable laws, unless otherwise contradicted or world;
overcome by other admissible evidence showing that the
same was irregularly issued. i) the commercial value attributed to the mark in the
world;
SECTION 3. Presumption Regarding Knowledge of
Existing Patent Rights. — For purposes of awarding j) the record of successful protection of the rights in the
damages in patent infringement cases, it is presumed mark;
that the defendant or alleged infringer knew of the k) the outcome of litigations dealing with the issue of
existence of a patent over a protected invention or whether the mark is a well-known mark; and
process, if: (a) on the patented invention or product
manufactured using the patented process; (b) on the l) the presence or absence of identical or similar marks
container or package in which said article is supplied to validly registered for or used on identical or similar goods
the public; or (c) on the advertising material relating to or services and owned by persons other than the person
the patented product or process, are placed the words claiming that his mark is a well-known mark.
"Philippine Patent" with the number of the patent. Provided, further, that the mark is well-known both
SECTION 4. Request for Technical Advice. — In patent internationally and in the Philippines.
infringement cases, the court, motu proprio or upon SECTION 3. Presumption of Likelihood of Confusion. —
motion by a party, may order the creation of a committee Likelihood of confusion shall be presumed in case an
of three (3) experts to provide advice on the technical identical sign or mark is used for identical goods or
aspects of the patent in dispute. Within thirty (30) days services.
from receipt of the order creating the committee, each SECTION 4. Likelihood of Confusion in Other Cases. — In
side shall nominate an expert, who shall then both be determining whether one trademark is confusingly
appointed by the court. The court shall appoint the third similar to or is a colorable imitation of another, the court
expert from a list submitted by the experts of each side. must consider the general impression of the ordinary
All fees and expenses relating to the appointment of a purchaser, buying under the normally prevalent
committee shall be initially equally shouldered by the conditions in trade and giving the attention such
parties but may later on be adjudicated by the court in purchasers usually give in buying that class of goods.
favor of the prevailing party. Visual, aural, connotative comparisons and overall
To assist in the trial involving highly-technical evidence or impressions engendered by the marks in controversy as
matters, the court may also request the IPO to provide they are encountered in the realities of the marketplace
equipment, technical facilities, and personnel. must be taken into account. Where there are both
SECTION 5. Application to Utility Models and Industrial similarities and differences in the marks, these must be
Designs. — The above rules shall likewise be applicable to weighed against one another to see which predominates.
infringement cases involving utility models and industrial In determining likelihood of confusion between marks
designs. used on non-identical goods or services, several factors
may be taken into account, such as, but not limited to:


a) the strength of plaintiff's mark; The person or body corporate whose name appears on an

b) the degree of similarity between the plaintiff's and the audio-visual work in the usual manner shall, in the
defendant's marks; absence of proof to the contrary, be presumed to be the
maker of said work.
c) the proximity of the products or services;
SECTION 4. International Registration of Works. — A
d) the likelihood that the plaintiff will bridge the gap; statement concerning a work, recorded in an
e) evidence of actual confusion; international register in accordance with an international
treaty to which the Philippines is or may become a party,
f) the defendant's good faith in adopting the mark; shall be construed as true until the contrary is proved,
g) the quality of defendant's product or service; and/or except:
h) the sophistication of the buyers. a) Where the statement cannot be valid under Republic
Act No. 8293, as amended, or any other law concerning
"Colorable imitation" denotes such a close or ingenious intellectual property; or
imitation as to be calculated to deceive ordinary persons,
or such a resemblance to the original as to deceive an b) Where the statement is contradicted by another
ordinary purchaser giving such attention as a purchaser statement recorded in the international register.
usually gives, as to cause him to purchase the one
supposing it to be the other.
RULE 20 Order of Destruction
SECTION 5. Determination of Similar and Dissimilar SECTION 1. Order of Destruction. — At any time after the
Goods or Services. — Goods or services may not be filing of the complaint or information, the court, upon
considered as being similar or dissimilar to each other on motion and after due notice and hearing where the
the ground that, in any registration or publication by the violation of the intellectual property rights of the owner is
Office, they appear in different classes of the Nice established, may order the destruction of the seized
Classification. infringing goods, objects and devices, including but not
limited to, sales invoices, other documents evidencing
SECTION 6. Intent to Defraud or Deceive. — In an action sales, labels, signs, prints, packages, wrappers,
for unfair competition, the intent to defraud or deceive receptacles, and advertisements and the like used in the
the public shall be presumed: infringing act.
a) when the defendant passes off a product as his by Such hearing shall be summary in nature with notice of
using imitative devices, signs or marks on the general hearing to the defendant or accused to his last known
appearance of the goods, which misleads prospective address to afford the defendant or accused the
purchasers into buying his merchandise under the opportunity to oppose the motion.
impression that they are buying that of his competitors;
SECTION 2. Conditions for Order of Destruction. — The
b) when the defendant makes any false statement in the court may only issue an Order of Destruction, subject to
course of trade to discredit the goods and business of the following conditions:
another; or
a) An inventory and photographs of the seized infringing
c) where the similarity in the appearance of the goods as goods have been taken before destruction at the place
packed and offered for sale is so striking. where the seized infringing goods are stored;
SECTION 7. Generic Marks. — A registered mark shall not b) The taking of the inventory and photographs must be
be deemed to be the generic name of goods or services witnessed and attested to by: (1) the accused or counsel
solely because such mark is also used as a name of or to or agent, or in their absence, an officer of the barangay
identify a unique product or service. where the seized infringing goods are stored; (2) the
The test for determining whether the mark is or has complainant, his representative or counsel; (3) the public
become the generic name of goods or services on or in officer who seized the items or a representative of his
connection with which it has been used shall be the office; and (4) a court officer authorized by the court to
primary significance of the mark to the relevant public supervise the destruction of the seized infringing goods;
rather than purchaser motivation. c) Representative samples of the seized infringing goods
have been retained in a number and nature as to suffice
RULE 19 Evidence in Copyright Cases for evidentiary purposes;
SECTION 1. When Copyright Presumed to Subsist. — In d) An inventory of the representative samples has been
copyright infringement cases, copyright shall be made by the persons enumerated under (b) above;
presumed to subsist in the work or other subject matter
to which the action relates, and ownership thereof shall e) The court officer authorized to supervise the
be presumed to belong to complainant if he so claims destruction has submitted a report thereon, within five (5)
through affidavit evidence under Section 218 of the days from the date of destruction, to which is attached (i)
Intellectual Property Code, as amended, unless defendant the inventory and photographs of the seized infringing
disputes it and shows or attaches proof to the contrary in goods and (ii) the inventory of the representative
his answer to the complaint. A mere denial of the samples; and
subsistence of copyright and/or ownership of copyright f) The applicant has posted a bond in an amount fixed
based on lack of knowledge shall not be sufficient to by the court.
rebut the presumption.
SECTION 3. Admissibility of Representative Samples. —
SECTION 2. Effect of Registration and Deposit. — Representative samples of the goods, objects and devices
Registration and deposit of a work with the National referred to in this Rule, together with the inventory and
Library or the Intellectual Property Office shall not carry photographs of the same, shall be admissible in lieu of
with it the presumption of ownership of the copyright by the actual items.
the registrant or depositor, nor shall it be considered a
condition sine qua non to a claim of copyright RULE 21 Reportorial Requirements
infringement. SECTION 1. Reportorial Requirements. — Within thirty (30)
SECTION 3. Presumption of Authorship. — The natural days from the issuance of the decision or final order, the
person whose name is indicated on a work in the usual court shall furnish the IPO a copy of the decision or final
manner as the author shall, in the absence of proof to the order.
contrary, be presumed to be the author of the work. This
presumption applies even if the name is a pseudonym, RULE 22 Transitory Provision
provided the pseudonym leaves no doubt as to the SECTION 1. Transitory Provision. — These Rules shall be
identity of the author. applicable to all pending intellectual property cases,
whenever practicable as determined by the court.



RULE 23 Effectivity information has been filed before the court (1) if the
motion is filed without prior leave of court; (2) when
SECTION 1. Effectivity. — These Rules shall take effect preliminary investigation is not required under Sec. 8,
fifteen (15) days after their publication in two (2) Rule 112; and (3) when the regular preliminary
newspapers of national circulation. investigation is required and has been actually
(Rules of Procedure for Intellectual Property Rights Cases, conducted, and the grounds relied upon in the motion
A.M. No. 10-3-10-SC, [October 18, 2011]) are not meritorious, such as issues of credibility,
admissibility of evidence, innocence of the accused, or
lack of due process when the accused was actually
A.M. No. 15-06-10-SC | REVISED GUIDELINES notified, among others.
FOR CONTINUOUS TRIAL OF CRIMINAL CASES iv. Motion to quash information when the ground is not
one of those stated in Sec. 3, Rule 117.

v. Motion for bill of particulars that does not conform to
April 25, 2017 Sec. 9, Rule 116.
vi. Motion to suspend the arraignment based on grounds
I. Applicability not stated under Sec. 11, Rule 116.
The Revised Guidelines for Continuous Trial of Criminal vii. Petition to suspend the criminal action on the ground
Cases (Revised Guidelines) shall apply to all newly-filed of prejudicial question, when no civil case has been filed,
criminal cases, including those governed by Special Laws pursuant to Sec. 7, Rule 111.
and Rules, 1 in the First and Second Level Courts, the (c) Meritorious Motions. — Motions that allege plausible
Sandiganbayan and the Court of Tax Appeals as of grounds supported by relevant documents and/or
effectivity date. The Revised Guidelines shall also apply to competent evidence, except those that are already
pending criminal cases with respect to the remainder of covered by the Revised Guidelines, are meritorious
the proceedings. motions, such as:
Unless otherwise specifically provided herein, the Revised i. Motion to withdraw information, or to downgrade the
Guidelines shall not apply to criminal cases filed under charge in the original information, or to exclude an
the Rule on Summary Procedure. accused originally charged therein, filed by the
prosecution as a result of a reinvestigation,
II. Objectives reconsideration, and review;
1. To protect and advance the constitutional right of ii. Motion to quash warrant of arrest;
persons to a speedy disposition of their criminal cases; iii. Motion to suspend arraignment on the ground of an
2. To reinforce and give teeth to the existing rules on unsound mental condition under Sec. 11 (a), Rule 116;
criminal procedure and other special rules prescribing iv. Motion to suspend proceedings on the ground of a
periods for court action and those which promote speedy prejudicial question where a civil case was filed prior to
disposition of criminal cases; and the criminal case under Sec. 11 (b), Rule 116;
3. To introduce innovations and best practices for the v. Motion to quash information on the grounds that the
benefit of the parties. facts charged do not constitute an offense, lack of
jurisdiction, extinction of criminal action or liability, or
double jeopardy under Sec. 3, par. (a), (b), (g), and (i), Rule
III. Procedure 117;
vi. Motion to discharge accused as a state witness under
1. Hearing Days and Calendar Call Sec. 17, Rule 119;
Trial shall be held from Monday to Thursday, and courts vii. Motion to quash search warrant under Sec. 14, Rule
shall call the cases at exactly 8:30 A.M. and 2:00 P.M., 126, or motion to suppress evidence; and
pursuant to Administrative Circular No. 3-99. Hearing on
motions, arraignment and pre-trial, and promulgation of viii. Motion to dismiss on the ground that the criminal
decisions shall be held in the morning of Fridays, case is a Strategic Law Suit against Public Participation
pursuant to Sec. 7, Rule 15 of the Rules of Court. (SLAPP) under Rule 6 of the Rules of Procedure for
Environmental Cases.
All courts shall ensure the posting of their court calendars
outside their courtrooms at least one (1) day before the The comment of the adverse party shall be filed within a
scheduled hearings, pursuant to OCA Circular No. non-extendible period of ten (10) calendar days from
250-2015. notice/receipt of the order of the court to file the same,
and the court shall resolve the motion within a
non-extendible period of ten (10) calendar days from the
2. Motions expiration of the ten (10)-day period, with or without
(a) Motion for Inhibition. — Motions for inhibition based comment. The court, at its discretion, may set the motion
on grounds provided for under Rule 137 shall be resolved for hearing within a non-extendible period of ten (10)
immediately or within two (2) calendar days from date of calendar days from the expiration of the ten (10)-day
their filing. period to file comment, in which case the same shall be
submitted for resolution after the termination of the
(b) Prohibited Motions. — Prohibited motions shall be hearing, and shall be resolved within a non-extendible
denied outright before the scheduled arraignment period of ten (10) calendar days thereafter. Reply and
without need of comment and/or opposition. memorandum need not be submitted.
The following motions are prohibited: In case of a motion to discharge accused as state witness
i. Motion for judicial determination of probable cause. under Sec. 17, Rule 119, where the prosecution is required
to present evidence in support thereof, such motion shall
ii. Motion for preliminary investigation filed beyond the be submitted for resolution from the termination of the
five (5)-day reglementary period in inquest proceedings hearing, and shall be resolved within a non-extendible
under Sec. 6, Rule 112, or when preliminary investigation is period of ten (10) calendar days thereafter.
required under Sec. 8, Rule 112, or allowed in inquest
proceedings and the accused failed to participate in the The motion for reconsideration of the resolution of a
preliminary investigation despite due notice. meritorious motion shall be filed within a non-extendible
period of five (5) calendar days from receipt of such
iii. Motion for reinvestigation of the prosecutor resolution, and the adverse party shall be given an equal
recommending the filing of information once the period of five (5) calendar days from receipt of the motion



for reconsideration within which to submit its comment.

Thereafter, the motion for reconsideration shall be 6. Archiving of Cases
resolved by the court within a non-extendible period of
The archiving of cases shall be done within the period
five (5) calendar days from the expiration of the five
prescribed under the Guidelines in the Archiving of Cases
(5)-day period to submit the comment.
under SC Administrative Circular No. 7-A-92, as restated in
Motions that do not conform to the above requirements OCA Circular No. 89-2004. A criminal case shall be
shall be considered unmeritorious and shall be denied archived only if, after the issuance of the warrant of arrest,
outright. the accused remains at large for six (6) months from the
(d) Motion for postponement. — A motion for delivery of the warrant to the proper peace officer. Such
postponement is prohibited, except if it is based on acts case shall likewise be archived when proceedings therein
of God, force majeure or physical inability of the witness are ordered suspended for an indefinite period because:
to appear and testify. If the motion is granted based on (a) the accused appears to be suffering from an unsound
such exceptions, the moving party shall be warned that mental condition which effectively renders him unable to
the presentation of its evidence must still be finished on fully understand the charge against him and to plead
the dates previously agreed upon. intelligently, or to undergo trial, and he has to be
A motion for postponement, whether written or oral, committed to a mental hospital;
shall at all times be accompanied by the original official (b) a valid prejudicial question in a civil action is invoked
receipt from the Office of the Clerk of Court evidencing during the pendency of the criminal case, unless the civil
payment of the postponement fee under Sec. 21 (b), Rule and criminal cases are consolidated;
141, to be submitted either at the time of the filing of said
(c) an interlocutory order or incident in the criminal case
motion or not later than the next hearing date. The Clerk
is elevated to, and is pending resolution/decision for an
of Court shall not accept the motion unless accompanied
indefinite period before a higher court which has issued a
by the original receipt.
temporary restraining order or writ of preliminary
injunction; and
3. Free Legal Assistance
(d) when the accused has jumped bail before
If a party fails to qualify for the availment of the services of arraignment and cannot be arrested by the bondsman.
the Public Attorney's Office, the Integrated Bar of the
Philippines Local Chapter shall provide free legal 7. Revival of Provisionally Dismissed Cases
assistance to said party. For this purpose, the IBP Local
Chapter shall submit to the Executive Judges a list of Revival of provisionally dismissed cases shall conform to
IBP-local lawyers who may be appointed by the courts to the requisites and the periods provided for under Sec. 8,
act as counsel de officio in such cases. The lists shall be Rule 117. Provisional dismissal of offenses punishable by
disseminated among all the trial courts in the station. imprisonment not exceeding six (6) years or a fine of any
amount or both shall become permanent one (1) year
after issuance of the order without the case having been
4. Private Prosecutor
revived. Provisional dismissal of offenses punishable by
In cases where only the civil liability is being prosecuted imprisonment of more than six (6) years, shall become
by a private prosecutor, the head of the prosecution office permanent two (2) years after the issuance of the order
must issue in favor of the private prosecutor a written without the case having been revived.
authority to try the case even in the absence of the public
prosecutor. The written authority must be submitted to 8. Arraignment and Pre-trial
the court prior to the presentation of evidence by the
private prosecutor in accordance with Sec. 5, Rule 110. (a) Schedule of Arraignment and Pre-trial. — Once the
court has acquired jurisdiction over the person of the
With this authority on record, the court may set the trial
accused, the arraignment of the accused and the
in the case and in other cases tried by private prosecutors
pre-trial shall be set within ten (10) calendar days from
with delegated authority on separate days when the
date of the court's receipt of the case for a detained
presence of the public prosecutor may be dispensed with.
accused, and within thirty (30) calendar days from the
5. Consolidations date the court acquires jurisdiction (either by arrest or
(a) Newly-filed Cases. — When newly-filed criminal cases voluntary surrender) over a non-detained accused,
involving offenses based on the same facts or forming unless a shorter period is provided by special law or
part of a series of offenses of similar character, are Supreme Court circular.
accompanied by a motion for consolidation filed by the The court must set the arraignment of the accused in
Office of the Prosecutor, the Executive Judge shall cause the commitment order, in the case of detained accused,
the raffle to only one court which shall then resolve said or in the order of approval of bail, in any other case. For
motion for consolidation, preferably on the date of the this purpose, where the Executive Judge and Pairing
arraignment and in the presence of the accused and Judges act on bail applications in cases assigned to other
counsel. courts, they shall coordinate with the courts to which the
(b) Pending Cases with Multiple Accused. — In cases cases are actually assigned for scheduling purposes.
involving multiple accused where a subsequent (b) Notice of Arraignment and Pre-Trial. — Notice of
information is filed involving an accused who has been arraignment and pre-trial shall be sent to the accused,
subjected to further investigation by the Office of the his/her counsel, private complainant or complaining law
Prosecutor over an incident which has the same subject enforcement agent, public prosecutor, and witnesses
matter as a prior information/s against different accused, whose names appear in the information for purposes of
said subsequent case when filed accompanied by a plea-bargaining, arraignment and pre-trial.
motion for consolidation from the Office of the
(c) Waiver of Reading of the Information. — In multiple
Prosecutor shall no longer be raffled. The subsequent
cases, the court, upon personal examination of the
case shall be assigned directly by the Executive Judge to
accused, may allow a waiver of the reading of the
the court where the earlier case is pending. If the earlier
information upon the full understanding and express
case is already at the trial stage and witnesses have been
consent of the accused and his/her counsel, which
presented, the parties may be allowed to adopt the
consent shall be expressly stated in both the
evidence so far presented, without prejudice to additional
minutes/certificate of arraignment and the order of
direct examination questions and cross examination
arraignment. The court shall explain the waiver to the
questions.
accused in the language or dialect known to him/her, and
ensure the accused's full understanding of the


consequences of the waiver before approving the same. i. If the accused pleads guilty to the crime charged in the
(See Annex 1) information, subheading III, item no. 8, subparagraph (d)
(d) Arraignment Proper ii (Plea of Guilty to the Crime Charged in the Information)
shall be followed.
i. Plea Bargaining Except in Drug Cases. — If the accused
desires to enter a plea of guilty to a lesser offense, plea ii. If the accused pleads guilty to a lesser offense,
bargaining shall immediately proceed, provided the subheading III, item no. 8, subparagraph (d) i (Plea
private offended party in private crimes, or the arresting Bargaining except in Drug Cases) shall be followed.
officer in victimless crimes, is present to give his/her iii. If the accused does not enter a plea of guilty, whether
consent with the conformity of the public prosecutor to to a lesser offense or to the offense charged in the
the plea bargaining. Thereafter, judgment shall be information, the court shall immediately proceed with
immediately rendered in the same proceedings. (See the arraignment and the preliminary conference, and
Annexes 2 and 3) thereafter refer the case to mediation. (See Annex 7)
ii. Plea of Guilty to the Crime Charged in the Information. Sample flow chart
— If the accused pleads guilty to the crime charged in the Rule on Summary Procedure of Criminal Cases referred to
information, judgment shall be immediately rendered, Mediation
except in those cases involving capital punishment. (See
Annex 4)
iii. Where No Plea Bargaining or Plea of Guilty Takes
Place. — If the accused does not enter a plea of guilty,
whether to a lesser offense or to the offense charged in
the information, the court shall immediately proceed
with the arraignment and the pre-trial, in accordance (f) Conduct of Pre-trial
with the succeeding provisions on pre-trial. i. Absence of parties. — The court shall proceed with the
The schedule of the trial dates, for both the prosecution pre-trial despite the absence of the accused and/or
and the accused, shall be continuous and within the private complainant, provided they were duly notified of
periods provided in the Regular Rules/Special Rules. The the same, and the counsel for the accused, as well as the
trial dates may be shortened depending on the number public prosecutor, are present.
of witnesses to be presented. In this regard, a flowchart ii. Stipulations. — Proposals for stipulations shall be done
shall be prepared by the court which shall serve as the with the active participation of the court itself and shall
final schedule of hearings. (See Annexes 5 and 6) not be left alone to the counsels.
iii. Marking of evidence. — The documentary evidence of
Sample of flowcharts the prosecution and the accused shall be marked.
A. Regular Rules iv. Pre-trial Order. — The pre-trial Order shall immediately
be served upon the parties and counsel on the same day
after the termination of the pre-trial.
B. Special Laws/Rules
v. Compliance with Rules. — Courts must strictly comply
1. Drug Cases with the Guidelines to be Observed in the Conduct of
Pre-Trial under A.M. No. 03-1-09-SC.
9. Mediation
(a) The following cases shall be referred to mediation on
the civil liability unless a settlement is reached earlier in
the pre-trial/preliminary conference:

i. Crimes where payment may prevent criminal
2. Environmental Cases prosecution or may extinguish criminal liability, such as
violations of:
a. B.P. Blg. 22;
b. SSS Law (R.A. No. 1161, as amended by R.A. No. 8282);
and
c. PAG-IBIG Law (R.A. No. 9679).

ii. Crimes against property under Title 10 of the Revised
3. Intellectual Property Rights Cases Penal Code (RPC), where the obligation may be civil in
nature, such as:
a. Theft under Art. 308, RPC, cognizable by the first level
courts;
b. Estafa under Art. 315 (1), RPC, except estafa under Art.
4. Arraignment and Pre-Trial of Cases Referred to 315 (2) and (3);
Mediation c. Other forms of swindling under Art. 316, RPC;
d. Swindling of a minor under Art. 317, RPC;
e. Other deceits under Art. 318, RPC; and
f. Malicious mischief under Art. 327, RPC.
(e) Arraignment and Preliminary Conference of iii. Crimes against honor under Title 13, RPC, where the
Mediatable Cases subject to the Rule on Summary liability may be civil in nature, such as:
Procedure
a. Libel by means of writings or similar means under Art.
The arraignment and preliminary conference shall be 355, RPC;
simultaneously held, and the court shall take up all the
matters required under Sec. 14, Rule on Summary b. Threatening to publish and offer to present such
Procedure during the preliminary conference. publication for a compensation under Art. 356, RPC;


c. Prohibited publication of acts referred to in the course present evidence to contradict or rebut the prosecution's
of official proceedings under Art. 357, RPC; evidence.
d. Grave Slander (Grave Oral Defamation) — of serious (c) Non-suspension of the presentation of evidence
and insulting nature under Art. 358, par. 1, RPC; The court shall not suspend the presentation of the
e. Simple Slander (Oral Defamation) — not of a serious evidence in chief while awaiting resolution of the petition
and insulting nature under Art. 358, par. 2, RPC; for bail or the motion for reconsideration.
f. Grave Slander by Deed — of a serious nature under Art.
359, par. 1, RPC; 11. Form of Testimony
g. Simple Slander by Deed — not of a serious nature (a) For First Level Courts
under Art. 359, par. 2, RPC;
In all criminal cases, including those covered by the Rule
h. Incriminating innocent person under Art. 363, RPC; on Summary Procedure, the testimonies of witnesses
i. Intriguing against honor under Art. 364, RPC; shall consist of the duly subscribed written statements
given to law enforcement or peace officers or the
iv. Libel under R.A. 10175 (Cybercrime Prevention Act of affidavits or counter-affidavits submitted before the
2012) where the liability may be civil in nature; investigating prosecutor, and if such are not available,
v. Criminal negligence under Title 14, RPC, where the testimonies shall be in the form of judicial affidavits,
liability may be civil in nature; and subject to additional direct and cross-examination
questions.
vi. Intellectual property rights cases where the liability
may be civil in nature. The trial prosecutor may dispense with the sworn written
statements submitted to the law enforcement or peace
(b) The referral of the case for mediation to the Philippine officers and prepare the judicial affidavits of the affiants
Mediation Center (PMC) Unit shall be made only after the or modify or revise the said sworn statements before
conduct of the arraignment and the pre-trial/preliminary presenting it as evidence.
conference. The court shall serve the Order of Referral to
the PMC Unit immediately after the arraignment and the (b) For Second Level Courts, Sandiganbayan and Court of
pre-trial/preliminary conference. Tax Appeals
The mediation shall be terminated within a In criminal cases where the demeanor of the witness is
non-extendible period of thirty (30) calendar days from not essential in determining the credibility of said
the date of referral by the court to the PMC Unit. After the witness, such as forensic chemists, medico-legal officers,
lapse of the mediation period or if mediation fails, trial investigators, auditors, accountants, engineers,
shall proceed. custodians, expert witnesses and other similar witnesses,
who will testify on the authenticity, due execution and
Except those cases mentioned above, criminal cases the contents of public documents and reports, and in
subject to the Rule on Summary Procedure shall not be criminal cases that are transactional in character, such as
referred to mediation. falsification, malversation, estafa, or other crimes where
the culpability or innocence of the accused can be
10. Bail established through documents, the testimonies of the
witnesses shall be the duly subscribed written statements
(a) Petition for bail given to law enforcement or peace officers or the
Petition for bail filed after the filing of the information affidavits or counter-affidavits submitted before the
shall be set for summary hearing after arraignment and investigating prosecutor, and if such are not available,
pre-trial. Testimony of a witness in petition for bail may be testimonies shall be in the form of judicial affidavits,
in the form allowed by subheading III, item no. 11, par. b subject to additional direct and cross-examination
(Form of Testimony) of the Revised Guidelines, provided questions.
that the demeanor of the witness is not essential in In all other cases where the culpability or the innocence
determining his/her credibility. of the accused is based on the testimonies of the alleged
Petition for bail shall be heard and resolved within a eyewitnesses, the testimonies of these witnesses shall be
non-extendible period of thirty (30) calendar days from in oral form.
date of the first hearing, except in drug cases which shall
be heard and resolved within twenty (20) calendar days, 12. Stipulations
without need of oral argument and submission of
memoranda, consistent with the summary nature of the During pre-trial/preliminary conference, the court shall
proceedings. (See Annexes 8-A and 8-B) require the parties to enter into stipulations on the
subject of both direct and cross-examinations of
Motion for reconsideration on the resolution of petition
witnesses who have no personal knowledge of the
for bail shall be resolved within a non-extendible period of
material facts constituting the crimes, such as forensic
ten (10) calendar days from date of submission of the
chemists, medico-legal officers, investigators, auditors,
motion.
accountants, engineers, custodians, expert witnesses and
other similar witnesses, who will testify on the
Sample flowcharts with Petition for Bail authenticity, due execution and the contents of public
A. Regular Rules documents and reports; corroborative witnesses; and
those who will testify on the civil liability.
B. Drug Cases
This rule is without prejudice to allowing additional direct
and cross-examination questions.
If stipulations cannot be had in full, where the adverse
party does not waive the right to cross-examination, the
subject of the direct testimony of these witnesses should
be stipulated upon, without prejudice to additional direct
and cross-examination questions.
(b) Evidence in petition for bail
13. Trial
The resolution of petition for bail shall be based solely on
the evidence presented during the bail proceedings by (a) The court shall encourage the accused and the
the prosecution. The prosecution shall present only prosecution to avail of:
pieces of evidence that are essential in establishing that
the evidence of guilt is strong. The accused need not



i. For the accused — Secs. 12 and 13, Rule 119 on the (f) One-day examination of witness rule. — The court
application for examination of witness for accused before shall strictly adhere to the rule that a witness has to be
trial and how it is made; and fully examined in one (1) day.
ii. For the prosecution — Sec. 15, Rule 119 on the
conditional examination of witness for the prosecution. 14. Memoranda
(b) Absence of counsel de parte. — In the absence of The submission of memoranda is discretionary on the
counsel de parte, the hearing shall proceed upon part of the court, which in no case shall exceed
appointment by the court of a counsel de officio. twenty-five (25) pages in length, single-spaced, on legal
(c) Offer of evidence. — The offer of evidence, the size paper, using size 14 font. The period to submit
comment/objection thereto, and the court ruling shall be memoranda shall be non-extendible and shall not
made orally. A party is required to make his/her oral offer suspend the running of the period of promulgation of the
of evidence on the same day after the presentation of decision; thus, with or without memoranda, the
his/her last witness, and the opposing party is required to promulgation shall push through as scheduled.
immediately interpose his/her oral comment/objection
thereto. Thereafter, the court shall make a ruling on the 15. Lack of Stenographic Notes
offer of evidence in open court.
Judges who conducted the trial and heard the
In making the offer, the counsel shall cite the specific testimonies of some or all of the witnesses shall not defer
page numbers of the court record where the exhibits the submission of the case for decision on the ground of
being offered are found, if attached thereto. The court incomplete or missing transcript of stenographic notes. If
shall ensure that all exhibits offered are submitted to it on the case was heard completely by another judge, not the
the same day of the offer. judge tasked to write the decision, the latter shall direct
If the exhibits are not attached to the record, the party the stenographers concerned to submit the complete
making the offer must submit the same during the offer transcripts within a period of thirty (30) calendar days
of evidence in open court. from date of his/her assumption to office.
(d) Demurrer to Evidence. — After the prosecution has
rested its case, the court shall inquire from the accused if 16. Promulgation
he/she desires to move for leave of court to file a (a) Schedule of promulgation. — The court shall
demurrer to evidence, or to proceed with the announce in open court and include in the order
presentation of his/her evidence. (See Annex 9) submitting the case for decision, the date of the
If the accused orally moves for leave of court to file a promulgation of its decision which shall not be more than
demurrer to evidence, the court shall orally resolve the ninety (90) calendar days from the date the case is
same. If the motion for leave is denied, the court shall submitted for decision, 2 except when the case is covered
issue an order for the accused to present and terminate by Special Rules and other laws which provide for a
his/her evidence on the dates previously scheduled and shorter period. 3
agreed upon, and to orally offer and rest his/her case on (b) Resolution of motion for reconsideration of judgment
the day his/her last witness is presented. of conviction or motion for new trial. — A motion for
If despite the denial of the motion for leave, the accused reconsideration of judgment of conviction or motion for
insists on filing the demurrer to evidence, the previously new trial under Rule 121 filed within the reglementary
scheduled dates for the accused to present evidence shall period of fifteen (15) days from promulgation shall be
be cancelled. resolved within a non-extendible period of ten (10)
calendar days from the submission of the comment of
The demurrer to evidence shall be filed within a the prosecution. With or without comment, the court
non-extendible period of ten (10) calendar days from the shall resolve the motion within the ten (10)-day period.
date leave of court is granted, and the corresponding
comment shall be filed within a non-extendible period of
ten (10) calendar days counted from date of receipt of the 17. Inventory of Criminal Cases
demurrer to evidence. The demurrer shall be resolved by The one (1) week of each semester devoted for the
the court within a non-extendible period of thirty (30) conduct of annual and semi-annual physical inventory of
calendar days from date of the filing of the comment or cases and preparation of the semestral docket inventory
lapse of the ten (10)-day period to file the same. report pursuant to Administrative Circular No. 76-2007
If the motion for leave of court to file demurrer to shall not suspend court hearings.
evidence is granted, and the subsequent demurrer to
evidence is denied, the accused shall likewise present and 18. Posting
terminate his/her evidence (one day apart, morning and
afternoon) and shall orally offer and rest his/her case on The Revised Guidelines shall be posted at all floors of the
the day his/her last witness is presented. The court shall covered halls of justice, the Sandiganbayan, the Court of
rule on the oral offer of evidence of the accused and the Tax Appeals and the offices of their respective Clerks of
comment or objection of the prosecution on the same Court, including all offices of the Integrated Bar of the
day of the offer. If the court denies the motion to present Philippines and other Bar associations.
rebuttal evidence because it is no longer necessary, it
shall consider the case submitted for decision. (See Annex
10)
IV. Monitoring, Evaluation and Training
(e) Presentation of Rebuttal and Sur-rebuttal Evidence. — The application of and adherence to the Revised
If the court grants the motion to present rebuttal Guidelines shall be subject to periodic monitoring by the
evidence, the prosecution shall immediately proceed with Committee and its Technical staff by visitation and
its presentation after the accused had rested his/her case, submission of data.
and orally rest its case in rebuttal after the presentation of For this purpose, all courts covered by the Revised
its last rebuttal witness. Thereafter, the accused shall Guidelines shall accomplish and submit a periodic report
immediately present sur-rebuttal evidence, if there is any, of data in a form to be generated and distributed by the
and orally rest the case in sur-rebuttal after the Committee.
presentation of its last sur-rebuttal witness. Thereafter, Training of judges and court personnel shall be
the court shall submit the case for decision. (See Annexes undertaken by the PHILJA in coordination with the
11 to 13) Committee and its Technical staff.


prosecutor (name of prosecutor) conformed with the

V. Effect of Non-Compliance accused pleading guilty to a lesser offense.
Non-compliance with the Revised Guidelines, including WHEREFORE, judgment is hereby rendered finding the
failure to observe the timelines and deadlines herein accused (name of the accused) guilty beyond reasonable
provided, is a ground for disciplinary action. doubt of the crime of _________, defined and penalized
under ________________, and is hereby sentenced to suffer
the indeterminate penalty** of _______________.
VI. Repealing Clause The accused is further ordered to pay (name of private
Existing rules and guidelines inconsistent with the complainant/s or heirs of private complainant/s) the
Revised Guidelines are deemed amended or repealed. amount/s of _________________ (as civil indemnity, actual,
moral, and/or exemplary damages), with legal interest at
the rate of six (6%) per annum on all damages awarded
VII. Effectivity from finality of this judgment until fully paid.***
The Revised Guidelines shall take effect on 1 September The period within which the accused was detained shall
2017, after publication for two (2) consecutive weeks in be credited to him in full, as long as he abides by and
two (2) newspapers of general circulation. follows strictly the rules and regulations of the institution
where he is detained or confined.****
ANNEX 1 Template; Waiver of Reading of SO ORDERED."

Informations: * If victimless crime, the consent should be given by the
arresting officer.
"I hereby voluntarily waive the reading of the
Informations with full comprehension of the ** It may be a straight penalty if imposed by the First
consequences thereof, and that I understand the nature Level Court and the penalty is one (1) year or less. But, if
of the charges against me as alleged in the Informations, imposed by the Second Level Court, the penalty must
as the same were read and explained to me earlier by the provide for a minimum period and a maximum period,
court and my counsel in a language or dialect known and unless the applicable penalty is one (1) year or less.
understood by me. *** Delete if civil liability is waived or when it is a victimless
Accused crime.
Signed in the presence of: **** Applicable to detention prisoner.
Public Prosecutor Counsel de parte/de officio"

ANNEX 4 Template Judgment; Plea of Guilty to the
ANNEX 2 Template Judgement; Plea to a Lesser Crime Charged; Detention Prisoner:
Offense; Non-Detention Prisoners: "When the accused was arraigned by reading the
Information in the language or dialect known and
"When the accused was arraigned for the lesser crime of understood by him/her, assisted by his/her counsel de
______________, by reading the Information in a language officio/de parte (name of counsel), the accused entered a
or dialect known and understood by the accused, assisted plea of guilty. When queried, the accused and his/her
by his/her counsel de officio/de parte (name of counsel), counsel informed the court that the accused fully
accused, entered a plea of guilty. The private complainant understands the nature and consequence of his entering
(name of complainant) consented to* and the public a plea of guilty to the crime charged in the Information.
prosecutor (name of prosecutor) conformed with the
accused pleading guilty to a lesser offense. WHEREFORE, judgment is hereby rendered finding the
accused (name of the accused) guilty beyond reasonable
WHEREFORE, judgment is hereby rendered finding the doubt of the crime _____________, as defined and
accused (name of the accused) guilty beyond reasonable penalized under ___________, and there being one (1)
doubt of the crime of __________, defined and penalized mitigating circumstance of plea of guilty as provided for
under ___________, and is hereby sentenced to suffer the in Paragraph 7 of Article 13 of the Revised Penal Code,* is
penalty** of ___________. hereby sentenced to suffer the indeterminate penalty** of
The accused is further ordered to pay (name of private _____________.
complainant/s or heirs of private complainant/s) the The accused is further ordered to pay (name of private
amount/s of ________________ (as civil indemnity, actual, complainant/s or heirs of private complainant/s) the
moral, and/or exemplary damages) with legal interest at amount/s of ____________ (as civil indemnity, actual, moral,
the rate of six percent (6%) per annum on all damages and/or exemplary damages), with legal interest at the rate
awarded from finality of this judgment until fully paid.*** of six (6%) per annum on all damages awarded from
SO ORDERED." finality of this judgment until fully paid.***
* If victimless crime, the consent should be given by the The period within which the accused was detained shall
arresting officer. be credited to him in full, as long as he abided by and
strictly followed the rules and regulations of the
** It may be a straight penalty if imposed by the First institution where he was detained or confined.****
Level Court and the penalty is one (1) year or less. But, if
imposed by the Second Level Court, the penalty must SO ORDERED."
provide for a minimum period and a maximum period, * Only in those crimes where plea of guilty is allowed as a
unless the applicable penalty is one (1) year or less. mitigating circumstance.
*** Delete if civil liability is waived or when it is a victimless ** It may be a straight penalty if imposed by the First
crime. Level Court and the penalty is one (1) year or less. But, if
imposed by the Second Level Court, the penalty must
provide for a minimum period and a maximum period.
ANNEX 3 Template Judgment; Plea to a Lesser
Offense; Detention Prisoner: *** Delete if civil liability is waived or when it is a victimless
crime.
"When the accused was arraigned for the lesser crime of
____________, by reading the Information in a language or **** Delete if accused is not a detention prisoner.
dialect known and understood by the accused, assisted
by his/her counsel de officio/de parte (name of counsel),
accused entered a plea of guilty. The private complainant
(name of complainant) consented* to and the public



present and terminate its evidence; and on __________, all

ANNEX 5 Template Order When there is No Plea at 8:30 in the morning and 2:00 in the afternoon, for the
defense to present and terminate its evidence.*
Bargaining or Plea of Guilty but the case is referred for
mediation: The trial dates are final and intransferrable, and no
motions for postponement that are dilatory in character
"When the accused (name of accused), assisted by his/her shall be entertained by the court. If such motions are
counsel de parte/de officio (name of counsel), was granted in exceptional cases, the postponements/s by
arraigned by reading to him/her the Information in a either party shall be deducted from such party's allotted
language or dialect known and understood by him/her, time to present evidence.
said accused entered the plea of Not Guilty.
Failure of the party or his/her counsel to comply with the
Thereafter, pre-trial proceeded and the parties took up aforementioned schedule of hearings and deadlines shall
the following matters: be a ground for the imposition of fines and other
(Indicate matters taken up in line with Rule 118 on sanctions by the court.
Pre-Trial, including the form of testimony as provided The accused (name of accused), his counsel (name of
under subheading III, item no. 11, par. (b) of the Revised counsel), public prosecutor (name of prosecutor), and the
Guidelines) witness (name of witness) are hereby notified of this
Trial shall proceed on _________, all at 8:30 in the morning Order in open court. The court shall no longer issue a
and 2:00 in the afternoon, for the prosecution to present subpoena to the parties present today.
and terminate its evidence; and on ________, all at 8:30 in SO ORDERED."
the morning and 2:00 in the afternoon, for the defense to
* This will depend on the number of witnesses listed in
present and terminate its evidence.*
the information. It is suggested that for every witness, two
The trial dates are final and intransferrable, and no (2) trial dates should be allotted. The trial dates should
motions for postponement that are dilatory in character likewise be one (1) day apart, morning and afternoon.
shall be entertained by the court. If such motions are
granted in exceptional cases, the postponement/s by
either party shall be deducted from such party's allotted ANNEX 7 Template Order; No Plea Bargaining or Plea
time to present evidence. of Guilty; Case Covered by the Rule on Summary
The parties are hereby ordered to immediately proceed Procedure is referred for mediation:
and personally appear at the Philippine Mediation Center "When the accused (name), assisted by his/her counsel
located at ___________________ (PMC Unit) today, (date de parte/de officio (name), was arraigned by reading to
today), with or without their counsel/s, for mediation him/her the Information in a language or dialect known
proceedings. The assigned Mediator is ordered to submit and understood by him/her, said accused entered the
a report to this court on the results of the mediation plea of Not Guilty.
based on the factual and legal issues to be resolved
within a non-extendible period of thirty (30) calendar days Thereafter, preliminary conference proceeded and the
from the date of the court's referral of this case to the parties took up the following matters:
PMC Unit. (Indicate matters taken up in line with Section 14 of the
Should mediation fail after the lapse of the said 30-day Rule on Summary Procedure)
period, the parties are ordered to appear before the court Trial will proceed on __________, all at 8:30 in the morning
so that the trial shall proceed on the trial dates indicated and 2:00 in the afternoon, for the prosecution of present
above. and terminate its evidence; and on ________, all at 8:30 in
Failure of the party or his/her counsel to comply with the the morning and 2:00 in the afternoon, for the defense to
aforementioned schedule of hearings and deadlines shall present and terminate its evidence.*
be a ground for the imposition of fines and other The trial dates are final and intransferable, and no
sanctions by the court. motions for postponement that are dilatory in character
The accused (name of accused), his counsel (name of shall be entertained by the court. If such motions are
counsel), public prosecutor (name of prosecutor), and the granted in exceptional cases, the postponement/s by
witness (name of witness) are hereby notified of this either party shall be deducted from such party's allotted
Order in open court. The court shall no longer issue a time to present evidence.
subpoena to the parties present today. The parties are hereby ordered to immediately proceed
SO ORDERED." and personally appear at the Philippine Mediation Center
located at ___________ (PMC Unit) today, (date today), with
* This will depend on the number of witnesses listed in or without their counsel/s, for mediation proceedings. The
the information. It is suggested that for every witness, two assigned Mediator is ordered to submit a report to this
(2) trial dates should be allotted. The trial dates should court on the results of the mediation based on the factual
likewise be one (1) day apart. and legal issues to be resolved within a non-extendible
period of thirty (30) calendar days from the date of the
ANNEX 6 Template Order When there is No Plea court's referral of this case to the PMC Unit.
Bargaining or Plea of Guilty and the case is not Should mediation fail after the lapse of the said 30-day
referred for mediation: period, the parties are ordered to appear before the court
so that the trial shall proceed on the trial dates indicated
"When the accused (name of accused), assisted by his/her above.
counsel de parte/de officio (name), was arraigned by
Failure of the party or his/her counsel to comply with the
reading to him/her the Information in a language or
aforementioned schedule of hearings and deadlines shall
dialect known and understood by him/her, said accused
be a ground for the imposition of fines and other
entered the plea of Not Guilty.
sanctions by the court.
Thereafter, pre-trial proceeded and the parties took up
The accused (name), his/her counsel (name), public
the following matters:
prosecutor (name), and the witness (name) are hereby
(Indicate matters taken up in line with Rule 118 on notified of this Order in open court. The court shall no
Pre-trial, including the form of testimony as provided longer issue subpoena to the parties present today.
under subheading III, Item No. 11, par. (b) of the Revised
SO ORDERED."
Guidelines)
* This will depend on the number of witnesses listed in
Trial shall proceed on ___________, all at 8:30 in the
the information. It is suggested that for every witness, two
morning and 2:00 in the afternoon, for the prosecution to



(2) trial dates should be allotted. The trial dates should the petition for bail, and next trial dates shall be 1 day
likewise be one (1) day apart. apart each, but shall in no case exceed 5 days.)
The accused shall present and terminate its evidence on
ANNEX 8-A Template Order; Petition for Bail: Ordinary _______________. (Trial dates shall likewise be 1 day apart
each, but not to exceed 25 days.)
Cases
The hearing and trial dates are final and intransferrable,
"When the accused (name), assisted by his/her counsel and no motions for postponement that are dilatory in
de parte/de officio (name), was arraigned by reading to character shall be entertained by the court. If such
him/her the Information in a language or dialect known motions are granted in exceptional cases, the
and understood by him/her, said accused entered the postponement/s by either party shall be deducted from
plea of Not Guilty. such party's allotted time to present evidence.
Thereafter, pre-trial proceeded and the parties took up Failure of the party or his/her counsel to comply with the
the following matters: aforementioned schedule of hearings and deadlines shall
(Indicate matters taken up in line with Rule 118 on be a ground for the imposition of fines and other
Pre-trial, including the form of testimony as provided sanctions by the court.
under subheading III, item no. 11 (b) of the Revised The accused (name of accused), his counsel (name of
Guidelines) counsel), public prosecutor (name of prosecutor), and the
The petition for bail shall be heard summarily on witness (name of witness) are hereby notified of this
____________. (Within 30 days from conclusion of the Order in open court. The court shall no longer issue a
arraignment and pre-trial, 1 day apart each, both at 8:30 subpoena to the parties present today.
in the morning and 2:00 in the afternoon, and must be SO ORDERED."
terminated within the 30 days from the first hearing
date.)
The trial for the presentation and reception of the ANNEX 9 Template Order on Resting the Case of the
Prosecution's evidence-in-chief shall proceed on Prosecution:
___________. (The first trial date shall be immediately after "After the prosecution rested its case today, trial shall
the expiration of the 30-day period to hear and resolve proceed on __________, as previously scheduled for the
the petition for bail, and next trial dates shall be 1 day accused to present and terminate his evidence, of which
apart each, but shall in no case exceed 60 days.) dates and time, the accused, his/her counsel and the
The accused shall present and terminate its evidence on prosecutor are already notified in open court.
____________. (Trial dates shall likewise be 1 day apart SO ORDERED."
each, but not to exceed 90 days.)
The hearing and trial dates are final and intransferrable,
and no motions for postponement that are dilatory in ANNEX 10 Template Order on Resting the Case of the
character shall be entertained by the court. If such Accused; Case is Submitted for Decision:
motions are granted in exceptional cases, the
"After the presentation of its last witness, the defense
postponement/s by either party shall be deducted from
rested its case. There being no rebuttal evidence to be
such party's allotted time to present evidence.
presented by the prosecution, the court considers the
Failure of the party or his/her counsel to comply with the case submitted for decision. The promulgation of the
aforementioned schedule of hearings and deadlines shall decision of this case is hereby set on ________________, of
be a ground for the imposition of fines and other which date and time,* the accused, his/her counsel, and
sanctions by the court. the prosecution are already notified of this order in open
The accused (name of accused), his counsel (name of court this morning.
counsel), public prosecutor (name of prosecutor), and the SO ORDERED."
witness (name of witness) are hereby notified of this
* Should not be more than ninety (90) days from the
Order in open court. The court shall no longer issue a
submission of the case for decision for regular cases;
subpoena to the parties present today.
fifteen (15) days from the date of submission of the case
SO ORDERED." for resolution for drug cases; sixty (60) days counted from
the last day of the 30-day period to file the memoranda
for environmental cases; 60 days from the time the case
ANNEX 8-B Template Order; Petition for Bail: Drug is submitted for decision, with or without the memoranda
Cases for intellectual property cases; and others that may be
"When the accused (name), assisted by his/her counsel provided in new Rules and Laws.
de parte/de officio (name), was arraigned by reading to
him/her the Information in a language or dialect known ANNEX 11 Template Order on Resting the Case of the
and understood by him/her, said accused entered the
plea of Not Guilty. Accused when Motion to File Memoranda is Granted;
Case is Submitted for Decision:
Thereafter, pre-trial proceeded and the parties took up
the following matters: "After the accused rested his/her case today and there
being no rebuttal evidence to be presented by the
(Indicate matters taken up in line with Rule 118 on
prosecution, the court considers the case submitted for
Pre-trial, including the form of testimony as provided
decision.
under subheading III, item no. 11 (b) of the Revised
Guidelines) As prayed for, the parties are hereby given thirty (30) days
from today within which to submit their respective
The petition for bail shall be heard summarily on
memoranda.
____________. (The hearing and the resolution of the
petition shall be within 20 days from arraignment and With or without memoranda, the promulgation of the
pre-trial, and the hearing dates shall be 1 day apart each, decision of this case is hereby set on ____________, of
both at 8:30 in the morning and 2:00 in the afternoon.) which date and time,* the accused, his/her counsel and
the public prosecutor, are already notified of this order in
The trial for the presentation and reception of the
open court.
Prosecution's evidence-in-chief shall proceed on
__________. (The first trial date shall be immediately after SO ORDERED."
the expiration of the 20-day period to hear and resolve


* Should not be more than ninety (90) days from the or electronic data message, as defined in Rule 2 hereof, is
submission of the case for decision for regular cases. offered or used in evidence.
Section 2. Cases covered. – These Rules shall apply to all
ANNEX 12 Template Order on Presentation and Offer civil actions and proceedings, as well as quasi-judicial and
of Rebuttal Evidence of Prosecution: administrative cases.
"After the accused rested his/her case today, the Section 3. Application of other rules on evidence. – In all
presentation of rebuttal evidence of the prosecution is matters not specifically covered by these Rules, the Rules
hereby set on _________, and the presentation of of Court and pertinent provisions of statutes containing
surrebuttal evidence of the accused is hereby set on
rules on evidence shall apply.
__________, as previously scheduled.
SO ORDERED."
• After the presentation of the rebuttal witness, the
Rule 2 DEFINITION OF TERMS AND CONSTRUCTION
prosecution should orally offer its evidence in rebuttal Section 1. Definition of terms. – For purposes of these
and the counsel for the accused should immediately raise Rules, the following terms are defined, as follows:
his objections or comments, the court shall resolve the
offer and respective objection or comment, and (a) "Asymmetric or public cryptosystem" means a system
thereafter, start with the presentation of the surrebuttal capable of generating a secure key pair, consisting of a
witness. private key for creating a digital signature, and a public
key for verifying the digital signature.
ANNEX 13 Template Order on Presentation and Offer (b) "Business records" include records of any business,
of Surrebuttal Evidence of the Accused: institution, association, profession, occupation, and
"After the accused rested his/her evidence on surrebuttal, calling of every kind, whether or not conducted for profit,
the court considers the case submitted for decision. The or for legitimate or illegitimate purposes.
promulgation is hereby set on _____________, * of which (c) "Certificate" means an electronic document issued to
date and time, accused and his/her counsel and the
support a digital signature which purports to confirm the
prosecution are already notified of this order in open
court this morning. identity or other significant characteristics of the person
who holds a particular key pair.
SO ORDERED."
(d) "Computer" refers to any single or interconnected
* Should not be more than ninety (90) days from the
submission of the case for decision for regular cases. device or apparatus, which, by electronic,
electro-mechanical or magnetic impulse, or by other
Footnotes
means with the same function, can receive, record,
1. Comprehensive Dangerous Drugs Act of 2002, transmit, store, process, correlate, analyze, project, retrieve
Cybercrime Prevention Act of 2012, Rules of Procedure for and/or produce information, data, text, graphics, figures,
Environmental Cases, Rules of Procedure for Intellectual
voice, video, symbols or other modes of expression or
Property Rights Cases, and Criminal Cases cognizable by
Family Courts and Commercial Courts. perform any one or more of these functions.
4.n For those covered by Regular Rules, including (e) "Digital signature" refers to an electronic signature
Sandiganbayan and Court of Tax Appeals. consisting of a transformation of an electronic document
5. For those covered by Special Laws and Rules: or an electronic data message using an asymmetric or
public cryptosystem such that a person having the initial
a) Drug cases — fifteen (15) days from the date of
untransformed electronic document and the signer's
submission for resolution of the case;
public key can accurately determine:
b) Environmental cases — sixty (60) days from the last
day of the 30-day period to file the memoranda; i. whether the transformation was created using the
private key that corresponds to the signer's public key;
c) Intellectual Property Rights cases — 60 days from the
time the case is submitted for decision, with or without and
the memoranda; and ii. whether the initial electronic document had been
d) Others that may be provided in other Rules and Laws. altered after the transformation was made.
Published in The Philippine Star on May 7, 2017. (f) "Digitally signed" refers to an electronic document or
(Revised Guidelines for Continuous Trial of Criminal electronic data message bearing a digital signature
Cases, A.M. No. 15-06-10-SC (Resolution), [April 25, 2017]) verified by the public key listed in a certificate.
(g) "Electronic data message" refers to information
generated, sent, received or stored by electronic, optical
Special Rules on Evidence or similar means.
(h) "Electronic document" refers to information or the
representation of information, data, figures, symbols or
A.M. No. 01-7-01-SC | RULES ON ELECTRONIC other modes of written expression, described or however
EVIDENCE represented, by which a right is established or an
obligation extinguished, or by which a fact may be proved
and affirmed, which is received, recorded, transmitted,
July 17, 2001 stored, processed, retrieved or produced electronically. It
includes digitally signed documents and any print-out or

output, readable by sight or other means, which
accurately reflects the electronic data message or
Rule 1 COVERAGE electronic document. For purposes of these Rules, the
term "electronic document" may be used
Section 1. Scope. – Unless otherwise provided herein,
interchangeably with "electronic data message".
these Rules shall apply whenever an electronic document


(i) "Electronic key" refers to a secret code which secures it is a printout or output readable by sight or other means,
and defends sensitive information that crosses over shown to reflect the data accurately.
public channels into a form decipherable only with a Section 2. Copies as equivalent of the originals. – When a
matching electronic key. document is in two or more copies executed at or about
(j) "Electronic signature" refers to any distinctive mark, the same time with identical contents, or is a counterpart
characteristic and/or sound in electronic form, produced by the same impression as the original, or from
representing the identity of a person and attached to or the same matrix, or by mechanical or electronic
logically associated with the electronic data message or re-recording, or by chemical reproduction, or by other
electronic document or any methodology or procedure equivalent techniques which accurately reproduces the
employed or adopted by a person and executed or original, such copies or duplicates shall be regarded as
adopted by such person with the intention of the equivalent of the original.
authenticating, signing or approving an electronic data Notwithstanding the foregoing, copies or duplicates shall
message or electronic document. For purposes of these not be admissible to the same extent as the original if:
Rules, an electronic signature includes digital signatures.
(a) a genuine question is raised as to the authenticity of
(k) "Ephemeral electronic communication" refers to the original; or
telephone conversations, text messages, chatroom
sessions, streaming audio, streaming video, and other (b) in the circumstances it would be unjust or inequitable
electronic forms of communication the evidence of which to admit the copy in lieu of the original.
is not recorded or retained.
(l) "Information and communication system" refers to a Rule 5 AUTHENTICATION OF ELECTRONIC
system for generating, sending, receiving, storing or DOCUMENTS
otherwise processing electronic data messages or
Section 1. Burden of proving authenticity. – The person
electronic documents and includes the computer system
seeking to introduce an electronic document in any legal
or other similar devices by or in which data are recorded
proceeding has the burden of proving its authenticity in
or stored and any procedure related to the recording or
the manner provided in this Rule.
storage of electronic data messages or electronic
documents. Section 2. Manner of authentication. – Before any private
electronic document offered as authentic is received in
(m) "Key pair" in an asymmetric cryptosystem refers to
evidence, its authenticity must be proved by any of the
the private key and its mathematically related public key
following means:
such that the latter can verify the digital signature that
the former creates. (a) by evidence that it had been digitally signed by the
person purported to have signed the same;
(n) "Private key" refers to the key of a key pair used to
create a digital signature. (b) by evidence that other appropriate security
procedures or devices as may be authorized by the
(o) "Public key" refers to the key of a key pair used to verify
Supreme Court or by law for authentication of electronic
a digital signature.
documents were applied to the document; or
Section 2. Construction. – These Rules shall be liberally
(c) by other evidence showing its integrity and reliability
construed to assist the parties in obtaining a just,
to the satisfaction of the judge.
expeditious, and inexpensive determination of cases.
Section 3. Proof of electronically notarized document. – A
The interpretation of these Rules shall also take into
document electronically notarized in accordance with the
consideration the international origin of Republic Act No.
rules promulgated by the Supreme Court shall be
8792, otherwise known as the Electronic Commerce Act.
considered as a public document and proved as a notarial
document under the Rules of Court.
Rule 3 ELECTRONIC DOCUMENTS
Section 1. Electronic documents as functional equivalent Rule 6 ELECTRONIC SIGNATURES
of paper-based documents. – Whenever a rule of
Section 1. Electronic signature. – An electronic signature
evidence refers to the term writing, document, record,
or a digital signature authenticated in the manner
instrument, memorandum or any other form of writing,
prescribed hereunder is admissible in evidence as the
such term shall be deemed to include an electronic
functional equivalent of the signature of a person on a
document as defined in these Rules.
written document.
Section 2. Admissibility. – An electronic document is
Section 2. Authentication of electronic signatures. – An
admissible in evidence if it complies with the rules on
electronic signature may be authenticated in any of the
admissibility prescribed by the Rules of Court and related
following manner:
laws and is authenticated in the manner prescribed by
these Rules. (a) By evidence that a method or process was utilized to
establish a digital signature and verify the same;
Section 3. Privileged communication. – The confidential
character of a privileged communication is not lost solely (b) By any other means provided by law; or
on the ground that it is in the form of an electronic (c) By any other means satisfactory to the judge as
document. establishing the genuineness of the electronic signature.
Section 3. Disputable presumptions relating to electronic
Rule 4 BEST EVIDENCE RULE signatures. – Upon the authentication of an electronic
Section 1. Original of an electronic document. – An signature, it shall be presumed that:
electronic document shall be regarded as the equivalent (a) The electronic signature is that of the person to whom
of an original document under the Best Evidence Rule if it correlates;


(b) The electronic signature was affixed by that person (c) Whether the electronic document was recorded or
with the intention of authenticating or approving the stored in the usual and ordinary course of business by a
electronic document to which it is related or to indicate person who is not a party to the proceedings and who did
such person's consent to the transaction embodied not act under the control of the party using it.
therein; and
(c) The methods or processes utilized to affix or verify the Rule 8 BUSINESS RECORDS AS EXCEPTION TO THE
electronic signature operated without error or fault. HEARSAY RULE
Section 4. Disputable presumptions relating to digital
Section 1. Inapplicability of the hearsay rule. – A
signatures. – Upon the authentication of a digital
memorandum, report, record or data compilation of acts,
signature, it shall be presumed, in addition to those
events, conditions, opinions, or diagnoses, made by
mentioned in the immediately preceding section, that:
electronic, optical or other similar means at or near the
(a) The information contained in a certificate is correct; time of or from transmission or supply of information by a
(b) The digital signature was created during the person with knowledge thereof, and kept in the regular
operational period of a certificate; course or conduct of a business activity, and such was the
regular practice to make the memorandum, report,
(c) No cause exists to render a certificate invalid or record, or data compilation by electronic, optical or
revocable; similar means, all of which are shown by the testimony of
(d) The message associated with a digital signature has the custodian or other qualified witnesses, is excepted
not been altered from the time it was signed; and, from the rule on hearsay evidence.
(e) A certificate had been issued by the certification Section 2. Overcoming the presumption. – The
authority indicated therein. presumption provided for in Section 1 of this Rule may be
overcome by evidence of the untrustworthiness of the
source of information or the method or circumstances of
Rule 7 EVIDENTIARY WEIGHT OF ELECTRONIC the preparation, transmission or storage thereof.
DOCUMENTS
Section 1. Factors for assessing evidentiary weight. – In Rule 9 METHOD OF PROOF
assessing the evidentiary weight of an electronic
document, the following factors may be considered: Section 1. Affidavit evidence. – All matters relating to the
admissibility and evidentiary weight of an electronic
(a) The reliability of the manner or method in which it was document may be established by an affidavit stating
generated, stored or communicated, including but not facts of direct personal knowledge of the affiant or based
limited to input and output procedures, controls, tests on authentic records. The affidavit must affirmatively
and checks for accuracy and reliability of the electronic show the competence of the affiant to testify on the
data message or document, in the light of all the matters contained therein.
circumstances as well as any relevant agreement;
Section 2. Cross-examination of deponent. – The affiant
(b) The reliability of the manner in which its originator shall be made to affirm the contents of the affidavit in
was identified; open court and may be cross-examined as a matter of
(c) The integrity of the information and communication right by the adverse party.
system in which it is recorded or stored, including but not
limited to the hardware and computer programs or
Rule 10 EXAMINATION OF WITNESSES
software used as well as programming errors;
Section 1. Electronic testimony. – After summarily hearing
(d) The familiarity of the witness or the person who made
the parties pursuant to Rule 9 of these Rules, the court
the entry with the communication and information
may authorize the presentation of testimonial evidence
system;
by electronic means. Before so authorizing, the court shall
(e) The nature and quality of the information which went determine the necessity for such presentation and
into the communication and information system upon prescribe terms and conditions as may be necessary
which the electronic data message or electronic under the circumstances, including the protection of the
document was based; or rights of the parties and witnesses concerned.
(f) Other factors which the court may consider as Section 2. Transcript of electronic testimony. – When
affecting the accuracy or integrity of the electronic examination of a witness is done electronically, the entire
document or electronic data message. proceedings, including the questions and answers, shall
Section 2. Integrity of an information and be transcribed by a stenographer, stenotypist or other
communication system. – In any dispute involving the recorder authorized for the purpose, who shall certify as
integrity of the information and communication system correct the transcript done by him. The transcript should
in which an electronic document or electronic data reflect the fact that the proceedings, either in whole or in
message is recorded or stored, the court may consider, part, had been electronically recorded.
among others, the following factors: Section 3. Storage of electronic evidence. – The electronic
(a) Whether the information and communication system evidence and recording thereof as well as the
or other similar device was operated in a manner that did stenographic notes shall form part of the record of the
not affect the integrity of the electronic document, and case. Such transcript and recording shall be deemed
there are no other reasonable grounds to doubt the prima facie evidence of such proceedings.
integrity of the information and communication system;
(b) Whether the electronic document was recorded or
stored by a party to the proceedings with interest adverse
to that of the party using it; or


from a person, which biological sample is clearly

Rule 11 AUDIO, PHOTOGRAPHIC, VIDEO, AND identifiable as originating from that person;
EPHEMERAL EVIDENCE 5. “DNA testing” means verified and credible
scientific methods which include the extraction
Section 1. Audio, video and similar evidence. – Audio,
of DNA from biological samples, the generation
photographic and video evidence of events, acts or
of DNA profiles and the comparison of the
transactions shall be admissible provided it shall be
information obtained from the DNA testing of
shown, presented or displayed to the court and shall be
biological samples for the purpose of
identified, explained or authenticated by the person who
determining, with reasonable certainty, whether
made the recording or by some other person competent
or not the DNA obtained from two or more
to testify on the accuracy thereof.
distinct biological samples originates from the
Section 2. Ephemeral electronic communications. – same person (direct identification) or if the
Ephemeral electronic communications shall be proven by biological samples originate from related persons
the testimony of a person who was a party to the same or (kinship analysis); and
has personal knowledge thereof. In the absence or
6. “Probability of Parentage” means the numerical
unavailability of such witnesses, other competent
estimate for the likelihood of parentage of a
evidence may be admitted.
putative parent compared with the probability of
A recording of the telephone conversation or ephemeral a random match of two unrelated individuals in a
electronic communication shall be covered by the given population.
immediately preceding section.
Sec. 4. Application for DNA Testing Order. – The
If the foregoing communications are recorded or appropriate court may, at any time, either motu proprio
embodied in an electronic document, then the provisions or on application of any person who has a legal interest in
of Rule 5 shall apply. the matter in litigation, order a DNA testing. Such order
shall issue after due hearing and notice to the parties
Rule 12 EFFECTIVITY upon a showing of the following:
Section 1. Applicability to pending cases. – These Rules 1. A biological sample exists that is relevant to the
shall apply to cases pending after their effectivity. case;
Section 2. Effectivity. – These Rules shall take effect on 2. The biological sample: (i) was not previously
the first day of August 2001 following their publication subjected to the type of DNA testing now
before the 20th of July 2001 in two newspapers of general requested; or (ii) was previously subjected to DNA
circulation in the Philippines. testing, but the results may require confirmation
for good reasons;
3. The DNA testing uses a scientifically valid
A.M. No. 06-11-5-SC | RULE ON DNA EVIDENCE technique;
4. The DNA testing has the scientific potential to
2 October 2007 produce new information that is relevant to the
proper resolution of the case; and

5. The existence of other factors, if any, which the
SECTION 1. Scope. – This Rule shall apply whenever DNA court may consider as potentially affecting the
evidence, as defined in Section 3 hereof, is offered, used, accuracy of integrity of the DNA testing.
or proposed to be offered or used as evidence in all
criminal and civil actions as well as special proceedings. This Rule shall not preclude a DNA testing, without need
of a prior court order, at the behest of any party, including
Sec. 2. Application of other Rules on Evidence. – In all law enforcement agencies, before a suit or proceeding is
matters not specifically covered by this Rule, the Rules of commenced.
Court and other pertinent provisions of law on evidence
shall apply. Sec. 5. DNA Testing Order. – If the court finds that the
requirements in Section 4 hereof have been complied
Sec. 3. Definition of Terms. – For purposes of this Rule, with, the court shall –
the following terms shall be defined as follows:
1. Order, where appropriate, that biological samples
1. “Biological sample” means any organic material be taken from any person or crime scene
originating from a person’s body, even if found in evidence;
inanimate objects, that is susceptible to DNA
testing. This includes blood, saliva and other body 2. Impose reasonable conditions on DNA testing
fluids, tissues, hairs and bones; designed to protect the integrity of the biological
sample, the testing process and the reliability of
2. “DNA” means deoxyribonucleic acid, which is the the test results, including the condition that the
chain of molecules found in every nucleated cell DNA test results shall be simultaneously
of the body. The totality of an individual’s DNA is disclosed to parties involved in the case; and
unique for the individual, except identical twins;
3. If the biological sample taken is of such an
3. “DNA evidence” constitutes the totality of the amount that prevents the conduct of
DNA profiles, results and other genetic confirmatory testing by the other or the adverse
information directly generated from DNA testing party and where additional biological samples of
of biological samples; the same kind can no longer be obtained, issue
4. “DNA profile” means genetic information derived an order requiring all parties to the case or
from DNA testing of a biological sample obtained proceedings to witness the DNA testing to be
conducted.


An order granting the DNA testing shall be immediately 1. The evaluation of the weight of matching DNA
executory and shall not be appealable. Any petition for evidence or the relevance of mismatching DNA
certiorari initiated therefrom shall not, in any way, stay evidence;
the implementation thereof, unless a higher court issues 2. The results of the DNA testing in the light of the
an injunctive order. The grant of DNA testing application totality of the other evidence presented in the
shall not be construed as an automatic admission into case; and that
evidence of any component of the DNA evidence that
may be obtained as a result thereof. 3. DNA results that exclude the putative parent
from paternity shall be conclusive proof of
Sec. 6. Post-conviction DNA Testing. – Post-conviction non-paternity. If the value of the Probability of
DNA testing may be available, without need of prior court Paternity is less than 99.9%, the results of the DNA
order, to the prosecution or any person convicted by final testing shall be considered as corroborative
and executory judgment provided that (a) a biological evidence. If the value of the Probability of
sample exists, (b) such sample is relevant to the case, and Paternity is 99.9% or higher there shall be a
(c) the testing would probably result in the reversal or disputable presumption of paternity.
modification of the judgment of conviction.
Sec. 10. Post-conviction DNA Testing – Remedy if the
Sec. 7. Assessment of probative value of DNA Results Are Favorable to the Convict. – The convict or the
evidence. – In assessing the probative value of the DNA prosecution may file a petition for a writ of habeas corpus
evidence presented, the court shall consider the in the court of origin if the results of the post-conviction
following: DNA testing are favorable to the convict. In the case the
1. The chair of custody, including how the biological court, after due hearing finds the petition to be
samples were collected, how they were handled, meritorious, if shall reverse or modify the judgment of
and the possibility of contamination of the conviction and order the release of the convict, unless
samples; continued detention is justified for a lawful cause.
2. The DNA testing methodology, including the A similar petition may be filed either in the Court of
procedure followed in analyzing the samples, the Appeals or the Supreme Court, or with any member of
advantages and disadvantages of the procedure, said courts, which may conduct a hearing thereon or
and compliance with the scientifically valid remand the petition to the court of origin and issue the
standards in conducting the tests; appropriate orders.
3. The forensic DNA laboratory, including Sec. 11. Confidentiality. – DNA profiles and all results or
accreditation by any reputable standards-setting other information obtained from DNA testing shall be
institution and the qualification of the analyst confidential. Except upon order of the court, a DNA
who conducted the tests. If the laboratory is not profile and all results or other information obtained from
accredited, the relevant experience of the DNA testing shall only be released to any of the following,
laboratory in forensic casework and credibility under such terms and conditions as may be set forth by
shall be properly established; and the court:
4. The reliability of the testing result, as hereinafter 1. Person from whom the sample was taken;
provided. 2. Person from whom the sample was taken;
The provisions of the Rules of Court concerning the 3. Lawyers of private complainants in a criminal
appreciation of evidence shall apply suppletorily. action;
Sec. 8. Reliability of DNA Testing Methodology. – In 4. Duly authorized law enforcement agencies; and
evaluating whether the DNA testing methodology is
reliable, the court shall consider the following: 5. Other persons as determined by the court.
1. The falsifiability of the principles or methods Whoever discloses, utilizes or publishes in any form any
used, that is, whether the theory or technique can information concerning a DNA profile without the proper
be and has been tested; court order shall be liable for indirect contempt of the
court wherein such DNA evidence was offered, presented
2. The subjection to peer review and publication of or sought to be offered and presented.
the principles or methods;
Where the person from whom the biological sample was
3. The general acceptance of the principles or taken files a written verified request to the court that
methods by the relevant scientific community; allowed the DNA testing for the disclosure of the DNA
4. The existence and maintenance of standards and profile of the person and all results or other information
controls to ensure the correctness of data obtained from the DNA testing, he same may be
generated; disclosed to the persons named in the written verified
5. The existence of an appropriate reference request.
population database; and Sec. 12. Preservation of DNA Evidence. The trial court
6. The general degree of confidence attributed to shall preserve the DNA evidence in its totality, including
mathematical calculations used in comparing all biological samples, DNA profiles and results or other
DNA profiles and the significance and limitation genetic information obtained from DNA testing. For this
of statistical calculations used in comparing DNA purpose, the court may order the appropriate
profiles. government agency to preserve the DNA evidence as
follows:
Sec. 9. of DNA Testing Results. – In evaluating the results
of DNA testing, the court shall consider the following: 1. In criminal cases:
a. for not less than the period of time that
any person is under trial for an offense; or


b. in case the accused is serving sentence, SECTION 2. Determination of applicability. — Upon the
until such time as the accused has served filing of a civil or criminal action, the court shall issue an
his sentence; order declaring whether or not the case shall be
governed by this Rule A patently erroneous
1. In all other cases, until such time as the decision determination to avoid the application of the Rule on
in the case where the DNA evidence was Summary Procedure is a ground for disciplinary action.
introduced has become final and executory.
The court may allow the physical destruction of a II. Civil Cases
biological sample before the expiration of the periods set SECTION 3. Pleadings. —
forth above, provided that:
A. Pleadings allowed. — The only pleadings allowed to be
1. A court order to that effect has been secured; or filed are the complaints, compulsory counterclaims and
cross-claims pleaded in the answer, and the answers
2. The person from whom the DNA sample was
thereto.
obtained has consented in writing to the disposal
of the DNA evidence. B. Verifications. — All pleadings shall be verified.
SECTION 4. Duty of Court. — After the court determines
Sec. 13. Applicability to Pending Cases. Except as
that the case falls under summary procedure, it may,
provided in Section 6 and 10 hereof, this Rule shall apply from an examination of the allegations therein and such
to cases pending at the time of its effectivity. evidence as may be attached thereto, dismiss the case
Sec. 14. Effectivity. This Rule shall take effect on October outright on any of the grounds apparent therefrom for
the dismissal of a civil action. If no ground for dismissal is
15, 2007, following publication in a newspaper of general
found it shall forthwith issue summons which shall state
circulation. that the summary procedure under this Rule shall apply.
SECTION 5. Answer. — Within ten (10) days from service of
summons, the defendant shall file his answer to the
Other Special Rules and Rules complaint and serve a copy thereof on the plaintiff.
Affirmative and negative defenses not pleaded therein
of Procedure shall be deemed waived, except for lack of jurisdiction
over the subject matter. Cross-claims and compulsory
counterclaims not asserted in the answer shall be
considered barred. The answer to counterclaims or
REVISED RULE ON SUMMARY PROCEDURE cross-claims shall be filed and served within ten (10) days
from service of the answer in which they are pleaded.
October 15, 1991 SECTION 6. Effect of Failure to Answer. — Should the
defendant fail to answer the complaint within the period
RESOLUTION OF THE COURT EN BANC 1991 above provided, the court, motu proprio, oron motion of
the plaintiff, shall render judgment as may be warranted
by the facts alleged in the complaint and limited to what
I. Applicability is prayed for therein: Provided, however, that the court
SECTION 1. Scope. — This rule shall govern the summary may in its discretion reduce the amount of damages and
procedure in the Metropolitan Trial Courts, the Municipal attorney's fees claimed for being excessive or otherwise
Trial Courts in Cities, the Municipal Trial Courts, and the unconscionable. This is without prejudice to the
Municipal Circuit Trial Courts in the following cases falling applicability of Section 4, Rule 15 of the Rules of Court, if
within their jurisdiction: there are two or more defendants.
A. Civil Cases: SECTION 7. Preliminary Conference; Appearance of
Parties. — Not later than thirty (30) days after the last
(1) All cases of forcible entry and unlawful detainer,
answer is filed, a preliminary conference shall be held.
irrespective of the amount of damages or unpaid rentals
The rules on pre-trial in ordinary cases shall be applicable
sought to be recovered. Where attorney's fees are
to the preliminary conference unless inconsistent with
awarded, the same shall not exceed twenty thousand
the provisions of this Rule.
pesos (P20,000.00).
The failure of the plaintiff to appear in the preliminary
(2) All other civil cases, except probate proceedings,
conference shall be a cause for the dismissal of his
where the total amount of the plaintiff's claim does not
complaint. The defendant who appears in the absence of
exceed ten thousand pesos (P10,000.00), exclusive of
the plaintiff shall be entitled to judgment on his
interest and costs.
counterclaim in accordance with Section 6 hereof. All
B. Criminal Cases: cross-claims shall be dismissed.
(1) Violations of traffic laws, rules and regulations; If a sole defendant shall fail to appear, the plaintiff shall be
(2) Violations of the rental law; entitled to judgment in accordance with Section 6 hereof.
This Rule shall not apply where one of two or more
(3) Violations of municipal or city ordinances; defendants sued under a common cause of action who
(4) All other criminal cases where the penalty prescribed had pleaded a common defense shall appear at the
by law for the offense charged is imprisonment not preliminary conference.
exceeding six months, or a fine not exceeding (P1,000.00), SECTION 8. Record of Preliminary Conference. — Within
or both, irrespective of other imposable penalties, five (5) days after the termination of the preliminary
accessory or otherwise, or of the civil liability arising conference, the court shall issue an order stating the
therefrom:Provided, however, that in offenses involving matters taken up therein, including but not limited to:
damage to property through criminal negligence, this
Rule shall govern where the imposable fine does not a) Whether the parties have arrived at an amicable
exceed ten thousand pesos (P10,000.00). settlement, and if so, the terms thereof;
This Rule shall not apply to a civil case where the b) The stipulations or admissions entered into by the
plaintiff's cause of action is pleaded in the same parties;
complaint with another cause of action subject to the c) Whether, on the basis of the pleadings and the
ordinary procedure; nor to a criminal case where the stipulations and admissions made by the parties,
offense charged is necessarily related to another criminal judgment may be rendered without the need of further
case subject to the ordinary procedure. proceedings, in which event the judgment shall be


rendered within thirty (30) days from issuance of the be considered, or such other matters may be taken up to
order; clarify the issues and to ensure a speedy disposition of the
d) A clear specification of material facts which remain case. However, no admission by the accused shall be used
controverted; and against him unless reduced to writing and signed by the
accused and his counsel. A refusal or failure to stipulate
e) Such other matters intended to expedite the shall not prejudice the accused.
disposition of the case.
SECTION 15. Procedure of Trial. — At the trial, the
SECTION 9. Submission of Affidavits and Position Papers. affidavits submitted by the parties shall constitute the
— Within ten (10) days from receipt of the order direct testimonies of the witnesses who executed the
mentioned in the next preceding section, the parties shall same. Witnesses who testified may be subjected to
submit the affidavits of their witnesses and other cross-examination, redirect or re-cross examination.
evidence on the factual issues defined in the order, Should the affiant fail to testify, his affidavit shall not be
together with their position papers setting forth the law considered as competent evidence for the party
and the facts relied upon by them. presenting the affidavit, but the adverse party may utilize
SECTION 10. Rendition of Judgment. — Within thirty (30) the same for any admissible purpose.
days after receipt of the last affidavits and position Except on rebuttal or surrebuttal, no witness shall be
papers, or the expiration of the period for filing the same, allowed to testify unless his affidavit was previously
the court shall render judgment. submitted to the court in accordance with Section 12
However should the court find it necessary to clarify hereof.
certain material facts, it may, during the said period, issue However, should a party desire to present additional
an order specifying the matters to be clarified, and affidavits or counter-affidavits as part of his direct
require the parties to submit affidavits or other evidence evidence, he shall so manifest during the preliminary
on the said matters within ten (10) days from receipt of conference, stating the purpose thereof. If allowed by the
said order. Judgment shall be rendered within fifteen (15) court, the additional affidavits of the prosecution or the
days after the receipt of the last clarificatory affidavits, or counter-affidavits of the defense shall be submitted to
the expiration of the period for filing the same. the court and served on the adverse party not later than
The court shall not resort to clarificatory procedure to three (3) days after the termination of the preliminary
gain time for the rendition of the judgment. conference. If the additional affidavits are presented by
the prosecution, the accused may file his
counter-affidavits and serve the same on the prosecution
III. Criminal Cases within three (3) days from such service.
SECTION 11. How Commenced. — The filing of criminal SECTION 16. Arrest of Accused. — The court shall not
cases falling within the scope of this Rule shall be either order the arrest of the accused except for failure to
by complaint or by information: Provided, however, that in appear whenever required. Release of the person arrested
Metropolitan Manila and in Chartered Cities. such cases shall either be on bail or on recognizance by a responsible
shall be commenced only by information, except when citizen acceptable to the court.
the offense cannot be prosecuted de oficio. SECTION 17. Judgment. — Where a trial has been
The complaint or information shall be accompanied by conducted, the court shall promulgate the judgment not
the affidavits of the complainant and of his witnesses in later than thirty (30) days after the termination of trial.
such number of copies as there are accused plus two (2)
copies for the court's files. If this requirement is not
complied with within five (5) days from date of filing, the IV. Common Provisions
case may be dismissed. SECTION 18. Referral to Lupon. — Cases requiring referral
SECTION 12. Duty of Court. — to the Lupon for conciliation under the provisions of
Presidential Decree No. 1508 where there is no showing of
(a) If commenced by complaint. — On the basis of the compliance with such requirement, shall be dismissed
complaint and the affidavits and other evidence without prejudice, and may be revived only after such
accompanying the same, the court may dismiss the case requirement shall have been complied with. This
outright for being patently without basis or merit and provision shall not apply to criminal cases where the
order the release of the accused if in custody. accused was arrested without a warrant.
(b) If commenced by information. — When the case is SECTION 19. Prohibited Pleadings and Motions. — The
commenced by information, or is not dismissed pursuant following pleadings, motions, or petitions shall not be
to the next preceding paragraph, the court shall issue an allowed in the cases covered by this Rule:
order which, together with copies of the affidavits and
other evidence submitted by the prosecution, shall (a) Motion to dismiss the complaint or to quash the
require the accused to submit his counter-affidavit and complaint or information except on the ground of lack of
the affidavits of his witnesses as well as any evidence in jurisdiction over the subject matter, or failure to comply
his behalf, serving copies thereof on the complainant or with the preceding section;
prosecutor not later than ten (10) days from receipt of said (b) Motion for a bill of particulars;
order. The prosecution may file reply affidavits within ten
(10) days after receipt of the counter-affidavits of the (c) Motion for new trial, or for reconsideration of a
defense. judgment, or for reopening of trial;
SECTION 13. Arraignment and Trial. — Should the court, (d) Petition for relief from judgment;
upon a consideration of the complaint or information and (e) Motion for extension of time to file pleadings, affidavits
the affidavits submitted by both parties, find no cause or or any other paper;
ground to hold the accused for trial, it shall order the (f) Memoranda;
dismissal of the case; otherwise, the court shall set the
case for arraignment and trial. (g) Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the court;
If the accused is in custody for the crime charged, he shall
be immediately arraigned and if he enters a plea of guilty, (h) Motion to declare the defendant in default;
he shall forthwith be sentenced. (i) Dilatory motions for postponement;
SECTION 14. Preliminary Conference. — Before (j) Reply;
conducting the trial, the court shall call the parties to a
preliminary conference during which a stipulation of facts (k) Third party complaints;
may be entered into, or the propriety of allowing the (l) Interventions.
accused to enter a plea of guilty to a lesser offense may



SECTION 20. Affidavits. — The affidavits required to be a. Judicial Relief Involving the Issue of Existence, Validity
submitted under this Rule shall state only facts of direct or Enforceability of the Arbitration Agreement;
personal knowledge of the affiants which are admissible b. Referral to ADR;
in evidence, and shall show their competence to testify to
the matters stated therein. c. Interim Measures of Protection;
A violation of this requirement may subject the party or d. Appointment of Arbitrator;
the counsel who submits the same to disciplinary action, e. Challenge to Appointment of Arbitrator;
and shall be cause to expunge the inadmissible affidavit
or portion thereof from the record. f. Termination of Mandate of Arbitrator;
SECTION 21. Appeal. — The judgment or final order shall g. Assistance in Taking Evidence;
be appealable to the appropriate regional trial court h. Confidentiality/Protective Orders; and
which shall decide the same in accordance with Section
22 of Batas Pambansa Blg. 129. The decision of the i. Deposit and Enforcement of Mediated Settlement
regional trial court in civil cases governed by this Rule, Agreements.
including forcible entry and unlawful detainer, shall be (A) Service and filing of petition in summary
immediately executory, without prejudice to a further proceedings.-The petitioner shall serve, either by personal
appeal that may be taken therefrom. Section 10 of Rule service or courier, a copy of the petition upon the
70 shall be deemed repealed. respondent before the filing thereof. Proof of service shall
SECTION 22. Applicability of the Regular Rules. — The be attached to the petition filed in court.
regular procedure prescribed in the Rules of Court shall For personal service, proof of service of the petition
apply to the special cases herein provided for in a consists of the affidavit of the person who effected
suppletory capacity insofar as they are not inconsistent service, stating the time, place and manner of the service
herewith. on the respondent. For service by courier, proof of service
SECTION 23. Effectivity. — This Revised Rule on Summary consists of the signed courier proof of delivery. If service is
Procedure shall be effective on November 15, 1991. refused or has failed, the affidavit or delivery receipt must
state the circumstances of the attempted service and
Published in the Manila Chronicle on October 21, 1991 and refusal or failure thereof.
in the Manila Bulletin on October 22, 1991.
(B) Notice.-Except for cases involving Referral to ADR and
(Revised Rule on Summary Procedure, Resolution of the Confidentiality/Protective Orders made through motions,
Court En Banc 1991, [October 15, 1991]) the court shall, if it finds the petition sufficient in form
and substance, send notice to the parties directing them
to appear at a particular time and date for the hearing
A.M. No. 07-11-08-SC | SPECIAL RULES OF thereof which shall be set no later than five (5) days from
COURT ON ALTERNATIVE DISPUTE the lapse of the period for filing the opposition or
comment. The notice to the respondent shall contain a
RESOLUTION statement allowing him to file a comment or opposition
to the petition within fifteen (15) days from receipt of the
notice.
September 1, 2009
The motion filed pursuant to the rules on Referral to ADR
or Confidentiality/Protective Orders shall be set for
PART I GENERAL PROVISIONS AND POLICIES hearing by the movant and contain a notice of hearing
that complies with the requirements under Rule 15 of the
RULE 1: GENERAL PROVISIONS Rules of Court on motions.
Rule 1.1. Subject matter and governing rules.-The Special (C) Summary hearing. - In all cases, as far as practicable,
Rules of Court on Alternative Dispute Resolution (the the summary hearing shall be conducted in one (1) day
"Special ADR Rules") shall apply to and govern the and only for purposes of clarifying facts.
following cases: Except in cases involving Referral to ADR or
a. Relief on the issue of Existence, Validity, or Confidentiality/Protective Orders made through motions,
Enforceability of the Arbitration Agreement; it shall be the court that sets the petition for hearing
within five (5) days from the lapse of the period for filing
b. Referral to Alternative Dispute Resolution ("ADR"); the opposition or comment.
c. Interim Measures of Protection; (D) Resolution. - The court shall resolve the matter within
d. Appointment of Arbitrator; a period of thirty (30) days from the day of the hearing.
e. Challenge to Appointment of Arbitrator; Rule 1.4. Verification and submissions. -Any pleading,
motion, opposition, comment, defense or claim filed
f. Termination of Mandate of Arbitrator; under the Special ADR Rules by the proper party shall be
g. Assistance in Taking Evidence; supported by verified statements that the affiant has
read the same and that the factual allegations therein are
h. Confirmation, Correction or Vacation of Award in true and correct of his own personal knowledge or based
Domestic Arbitration; on authentic records and shall contain as annexes the
i. Recognition and Enforcement or Setting Aside of an supporting documents.
Award in International Commercial Arbitration; The annexes to the pleading, motion, opposition,
j. Recognition and Enforcement of a Foreign Arbitral comment, defense or claim filed by the proper party may
Award; include a legal brief, duly verified by the lawyer
k. Confidentiality/Protective Orders; and submitting it, stating the pertinent facts, the applicable
law and jurisprudence to justify the necessity for the
l. Deposit and Enforcement of Mediated Settlement court to rule upon the issue raised.
Agreements.
Rule 1.5. Certification Against Forum Shopping. - A
Rule 1.2. Nature of the proceedings.-All proceedings Certification Against Forum Shopping is one made under
under the Special ADR Rules are special proceedings. oath made by the petitioner or movant: (a) that he has
Rule 1.3. Summary proceedings in certain cases.-The not theretofore commenced any action or filed any claim
proceedings in the following instances are summary in involving the same issues in any court, tribunal or
nature and shall be governed by this provision: quasi-judicial agency and, to the best of his knowledge,
no such other action or claim is pending therein; (b) if
there is such other pending action or claim, a complete



statement of the present status thereof; and (c) if he approved by the court. If the filing or service of a pleading
should thereafter learn that the same or similar action or or motion was done by electronic transmission, proof of
claim has been filed or is pending, he shall report that filing and service shall be made in accordance with the
fact within five (5) days therefrom to the court wherein Rules on Electronic Evidence.
his aforementioned petition or motion has been filed. Rule 1.9. No summons. - In cases covered by the Special
A Certification Against Forum Shopping shall be ADR Rules, a court acquires authority to act on the
appended to all initiatory pleadings except a Motion to petition or motion upon proof of jurisdictional facts, i.e.,
Refer the Dispute to Alternative Dispute Resolution. that the respondent was furnished a copy of the petition
Rule 1.6. Prohibited submissions. - The following and the notice of hearing.
pleadings, motions, or petitions shall not be allowed in (A) Proof of service. - A proof of service of the petition and
the cases governed by the Special ADR Rules and shall notice of hearing upon respondent shall be made in
not be accepted for filing by the Clerk of Court: writing by the server and shall set forth the manner, place
a. Motion to dismiss; and date of service.
b. Motion for bill of particulars; (B) Burden of proof. - The burden of showing that a copy
of the petition and the notice of hearing were served on
c. Motion for new trial or for reopening of trial; the respondent rests on the petitioner.
d. Petition for relief from judgment; The technical rules on service of summons do not apply
e. Motion for extension, except in cases where an ex-parte to the proceedings under the Special ADR Rules. In
temporary order of protection has been issued; instances where the respondent, whether a natural or a
juridical person, was not personally served with a copy of
f. Rejoinder to reply; the petition and notice of hearing in the proceedings
g. Motion to declare a party in default; and contemplated in the first paragraph of Rule 1.3 (B), or the
motion in proceedings contemplated in the second
h. Any other pleading specifically disallowed under any paragraph of Rule 1.3 (B), the method of service resorted
provision of the Special ADR Rules. to must be such as to reasonably ensure receipt thereof
The court shall motu proprio order a pleading/motion by the respondent to satisfy the requirement of due
that it has determined to be dilatory in nature be process.
expunged from the records. Rule 1.10. Contents of petition/motion. - The initiatory
Rule 1.7. Computation of time. - In computing any period pleading in the form of a verified petition or motion, in
of time prescribed or allowed by the Special ADR Rules, or the appropriate case where court proceedings have
by order of the court, or by any applicable statute, the day already commenced, shall include the names of the
of the act or event from which the designated period of parties, their addresses, the necessary allegations
time begins to run is to be excluded and the date of supporting the petition and the relief(s) sought.
performance included. If the last day of the period, as Rule 1.11. Definition. - The following terms shall have the
thus computed, falls on a Saturday, a Sunday, or a legal following meanings:
holiday in the place where the court sits, the time shall
not run until the next working day. a. "ADR Laws" refers to the whole body of ADR laws in the
Philippines.
Should an act be done which effectively interrupts the
running of the period, the allowable period after such b. "Appointing Authority" shall mean the person or
interruption shall start to run on the day after notice of institution named in the arbitration agreement as the
the cessation of the cause thereof. appointing authority; or the regular arbitration institution
under whose rule the arbitration is agreed to be
The day of the act that caused the interruption shall be conducted. Where the parties have agreed to submit
excluded from the computation of the period. their dispute to institutional arbitration rules, and unless
Rule 1.8. Service and filing of pleadings, motions and they have agreed to a different procedure, they shall be
other papers in non-summary proceedings. - The deemed to have agreed to procedure under such
initiatory pleadings shall be filed directly with the court. arbitration rules for the selection and appointment of
The court will then cause the initiatory pleading to be arbitrators. In ad hoc arbitration, the default appointment
served upon the respondent by personal service or of arbitrators shall be made by the National President of
courier. Where an action is already pending, pleadings, the Integrated Bar of the Philippines or his duly
motions and other papers shall be filed and/or served by authorized representative.
the concerned party by personal service or courier. Where c. "Authenticate" means to sign, execute or use a symbol,
courier services are not available, resort to registered mail or encrypt a record in whole or in part, intended to
is allowed. identify the authenticating party and to adopt, accept or
(A) Proof of filing. - The filing of a pleading shall be proved establish the authenticity of a record or term.
by its existence in the record of the case. If it is not in the d. "Foreign Arbitral Award" is one made in a country other
record, but is claimed to have been filed personally, the than the Philippines.
filing shall be proved by the written or stamped
acknowledgment of its filing by the clerk of court on a e. "Legal Brief" is a written legal argument submitted to a
copy of the same; if filed by courier, by the proof of court, outlining the facts derived from the factual
delivery from the courier company. statements in the witness’s statements of fact and citing
the legal authorities relied upon by a party in a case
(B) Proof of service. - Proof of personal service shall consist submitted in connection with petitions, counter-petitions
of a written admission by the party served, or the official (i.e., petitions to vacate or to set aside and/or to
return of the server, or the affidavit of the party serving, correct/modify in opposition to petitions to confirm or to
containing a full statement of the date, place and manner recognize and enforce, or petitions to confirm or to
of service. If the service is by courier, proof thereof shall recognize and enforce in opposition to petitions to vacate
consist of an affidavit of the proper person, stating facts or set aside and/or correct/modify), motions, evidentiary
showing that the document was deposited with the issues and other matters that arise during the course of a
courier company in a sealed envelope, plainly addressed case. The legal brief shall state the applicable law and the
to the party at his office, if known, otherwise at his relevant jurisprudence and the legal arguments in
residence, with postage fully prepaid, and with support of a party’s position in the case.
instructions to the courier to immediately provide proof
of delivery. f. "Verification" shall mean a certification under oath by a
party or a person who has authority to act for a party that
(C) Filing and service by electronic means and proof he has read the pleading/motion, and that he certifies to
thereof. - Filing and service of pleadings by electronic the truth of the facts stated therein on the basis of his
transmission may be allowed by agreement of the parties



own personal knowledge or authentic documents in his The Special ADR Rules recognize the principle of
possession. When made by a lawyer, verification shall separability of the arbitration clause, which means that
mean a statement under oath by a lawyer signing a said clause shall be treated as an agreement
pleading/motion for delivery to the Court or to the parties independent of the other terms of the contract of which
that he personally prepared the pleading/motion, that it forms part. A decision that the contract is null and void
there is sufficient factual basis for the statements of fact shall not entail ipso jure the invalidity of the arbitration
stated therein, that there is sufficient basis in the facts clause.
and the law to support the prayer for relief therein, and Rule 2.3. Rules governing arbitral proceedings. - The
that the pleading/motion is filed in good faith and is not parties are free to agree on the procedure to be followed
interposed for delay. in the conduct of arbitral proceedings. Failing such
Rule 1.12. Applicability of Part II on Specific Court Relief. - agreement, the arbitral tribunal may conduct arbitration
Part II of the Special ADR Rules on Specific Court Relief, in the manner it considers appropriate.
insofar as it refers to arbitration, shall also be applicable to Rule 2.4. Policy implementing competence-competence
other forms of ADR. principle. - The arbitral tribunal shall be accorded the first
Rule 1.13. Spirit and intent of the Special ADR Rules. – In opportunity or competence to rule on the issue of
situations where no specific rule is provided under the whether or not it has the competence or jurisdiction to
Special ADR Rules, the court shall resolve such matter decide a dispute submitted to it for decision, including
summarily and be guided by the spirit and intent of the any objection with respect to the existence or validity of
Special ADR Rules and the ADR Laws. the arbitration agreement. When a court is asked to rule
upon issue/s affecting the competence or jurisdiction of
RULE 2: STATEMENT OF POLICIES an arbitral tribunal in a dispute brought before it, either
before or after the arbitral tribunal is constituted, the
Rule 2.1. General policies. - It is the policy of the State to court must exercise judicial restraint and defer to the
actively promote the use of various modes of ADR and to competence or jurisdiction of the arbitral tribunal by
respect party autonomy or the freedom of the parties to allowing the arbitral tribunal the first opportunity to rule
make their own arrangements in the resolution of upon such issues.
disputes with the greatest cooperation of and the least
Where the court is asked to make a determination of
intervention from the courts. To this end, the objectives of
whether the arbitration agreement is null and void,
the Special ADR Rules are to encourage and promote the
inoperative or incapable of being performed, under this
use of ADR, particularly arbitration and mediation, as an
policy of judicial restraint, the court must make no more
important means to achieve speedy and efficient
than a prima facie determination of that issue.
resolution of disputes, impartial justice, curb a litigious
culture and to de-clog court dockets. Unless the court, pursuant to such prima facie
determination, concludes that the arbitration agreement
The court shall exercise the power of judicial review as
is null and void, inoperative or incapable of being
provided by these Special ADR Rules. Courts shall
performed, the court must suspend the action before it
intervene only in the cases allowed by law or these
and refer the parties to arbitration pursuant to the
Special ADR Rules.
arbitration agreement.
Rule 2.2. Policy on arbitration.- (A) Where the parties
Rule 2.5. Policy on mediation. - The Special ADR Rules do
have agreed to submit their dispute to arbitration, courts
not apply to Court-Annexed Mediation, which shall be
shall refer the parties to arbitration pursuant to Republic
governed by issuances of the Supreme Court.
Act No. 9285 bearing in mind that such arbitration
agreement is the law between the parties and that they Where the parties have agreed to submit their dispute to
are expected to abide by it in good faith. Further, the mediation, a court before which that dispute was brought
courts shall not refuse to refer parties to arbitration for shall suspend the proceedings and direct the parties to
reasons including, but not limited to, the following: submit their dispute to private mediation. If the parties
subsequently agree, however, they may opt to have their
a. The referral tends to oust a court of its jurisdiction;
dispute settled through Court-Annexed Mediation.
b. The court is in a better position to resolve the dispute
Rule 2.6. Policy on Arbitration-Mediation or
subject of arbitration;
Mediation-Arbitration. - No arbitrator shall act as a
c. The referral would result in multiplicity of suits; mediator in any proceeding in which he is acting as
d. The arbitration proceeding has not commenced; arbitrator; and all negotiations towards settlement of the
dispute must take place without the presence of that
e. The place of arbitration is in a foreign country; arbitrator. Conversely, no mediator shall act as arbitrator
f. One or more of the issues are legal and one or more of in any proceeding in which he acted as mediator.
the arbitrators are not lawyers; Rule 2.7. Conversion of a settlement agreement to an
g. One or more of the arbitrators are not Philippine arbitral award. - Where the parties to mediation have
nationals; or agreed in the written settlement agreement that the
mediator shall become the sole arbitrator for the dispute
h. One or more of the arbitrators are alleged not to or that the settlement agreement shall become an
possess the required qualification under the arbitration arbitral award, the sole arbitrator shall issue the
agreement or law. settlement agreement as an arbitral award, which shall
(B) Where court intervention is allowed under ADR Laws be subject to enforcement under the law.
or the Special ADR Rules, courts shall not refuse to grant
relief, as provided herein, for any of the following reasons:
PART II SPECIFIC COURT RELIEF
a. Prior to the constitution of the arbitral tribunal, the
court finds that the principal action is the subject of an
arbitration agreement; or RULE 3: JUDICIAL RELIEF INVOLVING THE ISSUE OF
b. The principal action is already pending before an EXISTENCE, VALIDITY AND ENFORCEABILITY OF THE
arbitral tribunal. ARBITRATION AGREEMENT
The Special ADR Rules recognize the principle of Rule 3.1. When judicial relief is available. - The judicial
competence-competence, which means that the arbitral relief provided in Rule 3, whether resorted to before or
tribunal may initially rule on its own jurisdiction, including after commencement of arbitration, shall apply only
any objections with respect to the existence or validity of when the place of arbitration is in the Philippines.
the arbitration agreement or any condition precedent to
the filing of a request for arbitration.


for review for arbitral awards prescribed in these Special

A. Judicial Relief before Commencement of Arbitration ADR Rules.
Rule 3.2. Who may file petition. - Any party to an
arbitration agreement may petition the appropriate court B. Judicial Relief after Arbitration Commences
to determine any question concerning the existence, Rule 3.12. Who may file petition. - Any party to arbitration
validity and enforceability of such arbitration agreement may petition the appropriate court for judicial relief from
serving a copy thereof on the respondent in accordance the ruling of the arbitral tribunal on a preliminary
with Rule 1.4 (A). question upholding or declining its jurisdiction. Should
Rule 3.3. When the petition may be filed. - The petition the ruling of the arbitral tribunal declining its jurisdiction
for judicial determination of the existence, validity and/or be reversed by the court, the parties shall be free to
enforceability of an arbitration agreement may be filed at replace the arbitrators or any one of them in accordance
any time prior to the commencement of arbitration. with the rules that were applicable for the appointment
Despite the pendency of the petition provided herein, of arbitrator sought to be replaced.
arbitral proceedings may nevertheless be commenced Rule 3.13. When petition may be filed. - The petition may
and continue to the rendition of an award, while the issue be filed within thirty (30) days after having received
is pending before the court. notice of that ruling by the arbitral tribunal.
Rule 3.4. Venue. - A petition questioning the existence, Rule 3.14. Venue. - The petition may be filed before the
validity and enforceability of an arbitration agreement Regional Trial Court of the place where arbitration is
may be filed before the Regional Trial Court of the place taking place, or where any of the petitioners or
where any of the petitioners or respondents has his respondents has his principal place of business or
principal place of business or residence. residence.
Rule 3.5. Grounds. - A petition may be granted only if it is Rule 3.15. Grounds. - The petition may be granted when
shown that the arbitration agreement is, under the the court finds that the arbitration agreement is invalid,
applicable law, invalid, void, unenforceable or inexistent. inexistent or unenforceable as a result of which the
Rule 3.6. Contents of petition. - The verified petition shall arbitral tribunal has no jurisdiction to resolve the dispute.
state the following: Rule 3.16. Contents of petition. - The petition shall state
a. The facts showing that the persons named as the following:
petitioner or respondent have legal capacity to sue or be a. The facts showing that the person named as petitioner
sued; or respondent has legal capacity to sue or be sued;
b. The nature and substance of the dispute between the b. The nature and substance of the dispute between the
parties; parties;
c. The grounds and the circumstances relied upon by the c. The grounds and the circumstances relied upon by the
petitioner to establish his position; and petitioner; and
d. The relief/s sought. d. The relief/s sought.
Apart from other submissions, the petitioner must attach In addition to the submissions, the petitioner shall attach
to the petition an authentic copy of the arbitration to the petition a copy of the request for arbitration and
agreement. the ruling of the arbitral tribunal.
Rule 3.7. Comment/Opposition.-The comment/ The arbitrators shall be impleaded as nominal parties to
opposition of the respondent must be filed within fifteen the case and shall be notified of the progress of the case.
(15) days from service of the petition. Rule 3.17. Comment/Opposition. - The comment/
Rule 3.8. Court action. - In resolving the petition, the opposition must be filed within fifteen (15) days from
court must exercise judicial restraint in accordance with service of the petition.
the policy set forth in Rule 2.4, deferring to the Rule 3.18. Court action. - (A) Period for resolving the
competence or jurisdiction of the arbitral tribunal to rule petition.- The court shall render judgment on the basis of
on its competence or jurisdiction. the pleadings filed and the evidence, if any, submitted by
Rule 3.9. No forum shopping. - A petition for judicial relief the parties, within thirty (30) days from the time the
under this Rule may not be commenced when the petition is submitted for resolution.
existence, validity or enforceability of an arbitration (B) No injunction of arbitration proceedings. - The court
agreement has been raised as one of the issues in a prior shall not enjoin the arbitration proceedings during the
action before the same or another court. pendency of the petition.
Rule 3.10. Application for interim relief. - If the petitioner Judicial recourse to the court shall not prevent the
also applies for an interim measure of protection, he must arbitral tribunal from continuing the proceedings and
also comply with the requirements of the Special ADR rendering its award.
Rules for the application for an interim measure of
protection. (C) When dismissal of petition is appropriate. - The court
shall dismiss the petition if it fails to comply with Rule 3.16
Rule 3.11. Relief against court action. - Where there is a above; or if upon consideration of the grounds alleged
prima facie determination upholding the arbitration and the legal briefs submitted by the parties, the petition
agreement.-A prima facie determination by the court does not appear to be prima facie meritorious.
upholding the existence, validity or enforceability of an
arbitration agreement shall not be subject to a motion for Rule 3.19. Relief against court action. - The aggrieved
reconsideration, appeal or certiorari. party may file a motion for reconsideration of the order of
the court. The decision of the court shall, however, not be
Such prima facie determination will not, however, subject to appeal. The ruling of the court affirming the
prejudice the right of any party to raise the issue of the arbitral tribunal’s jurisdiction shall not be subject to a
existence, validity and enforceability of the arbitration petition for certiorari. The ruling of the court that the
agreement before the arbitral tribunal or the court in an arbitral tribunal has no jurisdiction may be the subject of
action to vacate or set aside the arbitral award. In the a petition for certiorari.
latter case, the court’s review of the arbitral tribunal’s
ruling upholding the existence, validity or enforceability of Rule 3.20. Where no petition is allowed. - Where the
the arbitration agreement shall no longer be limited to a arbitral tribunal defers its ruling on preliminary question
mere prima facie determination of such issue or issues as regarding its jurisdiction until its final award, the
prescribed in this Rule, but shall be a full review of such aggrieved party cannot seek judicial relief to question the
issue or issues with due regard, however, to the standard


deferral and must await the final arbitral award before immediately executory and shall not be subject to a
seeking appropriate judicial recourse. motion for reconsideration, appeal or petition for
A ruling by the arbitral tribunal deferring resolution on certiorari.
the issue of its jurisdiction until final award, shall not be An order denying the request to refer the dispute to
subject to a motion for reconsideration, appeal or a arbitration shall not be subject to an appeal, but may be
petition for certiorari. the subject of a motion for reconsideration and/or a
Rule 3.21. Rendition of arbitral award before court petition for certiorari.
decision on petition from arbitral tribunal’s preliminary Rule 4.7. Multiple actions and parties. - The court shall
ruling on jurisdiction. - If the arbitral tribunal renders a not decline to refer some or all of the parties to arbitration
final arbitral award and the Court has not rendered a for any of the following reasons:
decision on the petition from the arbitral tribunal’s a. Not all of the disputes subject of the civil action may be
preliminary ruling affirming its jurisdiction, that petition referred to arbitration;
shall become ipso facto moot and academic and shall be
dismissed by the Regional Trial Court. The dismissal shall b. Not all of the parties to the civil action are bound by the
be without prejudice to the right of the aggrieved party arbitration agreement and referral to arbitration would
to raise the same issue in a timely petition to vacate or set result in multiplicity of suits;
aside the award. c. The issues raised in the civil action could be speedily
Rule 3.22. Arbitral tribunal a nominal party. - The arbitral and efficiently resolved in its entirety by the court rather
tribunal is only a nominal party. The court shall not than in arbitration;
require the arbitral tribunal to submit any pleadings or d. Referral to arbitration does not appear to be the most
written submissions but may consider the same should prudent action; or
the latter participate in the proceedings, but only as
nominal parties thereto. e. The stay of the action would prejudice the rights of the
parties to the civil action who are not bound by the
arbitration agreement.
RULE 4: REFERRAL TO ADR
The court may, however, issue an order directing the
Rule 4.1. Who makes the request. - A party to a pending inclusion in arbitration of those parties who are not
action filed in violation of the arbitration agreement, bound by the arbitration agreement but who agree to
whether contained in an arbitration clause or in a such inclusion provided those originally bound by it do
submission agreement, may request the court to refer not object to their inclusion.
the parties to arbitration in accordance with such
agreement. Rule 4.8. Arbitration to proceed.- Despite the pendency
of the action referred to in Rule 4.1, above, arbitral
Rule 4.2. When to make request. - (A) Where the proceedings may nevertheless be commenced or
arbitration agreement exists before the action is filed. - continued, and an award may be made, while the action
The request for referral shall be made not later than the is pending before the court.
pre-trial conference. After the pre-trial conference, the
court will only act upon the request for referral if it is
made with the agreement of all parties to the case. RULE 5: INTERIM MEASURES OF PROTECTION
(B) Submission agreement. - If there is no existing Rule 5.1. Who may ask for interim measures of
arbitration agreement at the time the case is filed but the protection. - A party to an arbitration agreement may
parties subsequently enter into an arbitration agreement, petition the court for interim measures of protection.
they may request the court to refer their dispute to Rule 5.2. When to petition. - A petition for an interim
arbitration at any time during the proceedings. measure of protection may be made (a) before arbitration
Rule 4.3. Contents of request. - The request for referral is commenced, (b) after arbitration is commenced, but
shall be in the form of a motion, which shall state that the before the constitution of the arbitral tribunal, or (c) after
dispute is covered by an arbitration agreement. the constitution of the arbitral tribunal and at any time
during arbitral proceedings but, at this stage, only to the
Apart from other submissions, the movant shall attach to extent that the arbitral tribunal has no power to act or is
his motion an authentic copy of the arbitration unable to act effectively.
agreement.
Rule 5.3. Venue. - A petition for an interim measure of
The request shall contain a notice of hearing addressed to protection may be filed with the Regional Trial Court,
all parties specifying the date and time when it would be which has jurisdiction over any of the following places:
heard. The party making the request shall serve it upon
the respondent to give him the opportunity to file a a. Where the principal place of business of any of the
comment or opposition as provided in the immediately parties to arbitration is located;
succeeding Rule before the hearing. b. Where any of the parties who are individuals resides;
Rule 4.4. Comment/Opposition. - The comment/ c. Where any of the acts sought to be enjoined are being
opposition must be filed within fifteen (15) days from performed, threatened to be performed or not being
service of the petition. The comment/ opposition should performed; or
show that: (a) there is no agreement to refer the dispute
to arbitration; and/or (b) the agreement is null and void; d. Where the real property subject of arbitration, or a
and/or (c) the subject-matter of the dispute is not capable portion thereof is situated.
of settlement or resolution by arbitration in accordance Rule 5.4. Grounds. - The following grounds, while not
with Section 6 of the ADR Act. limiting the reasons for the court to grant an interim
Rule 4.5. Court action. - After hearing, the court shall stay measure of protection, indicate the nature of the reasons
the action and, considering the statement of policy that the court shall consider in granting the relief:
embodied in Rule 2.4, above, refer the parties to a. The need to prevent irreparable loss or injury;
arbitration if it finds prima facie, based on the pleadings b. The need to provide security for the performance of any
and supporting documents submitted by the parties, obligation;
that there is an arbitration agreement and that the
subject-matter of the dispute is capable of settlement or c. The need to produce or preserve evidence; or
resolution by arbitration in accordance with Section 6 of d. The need to compel any other appropriate act or
the ADR Act. Otherwise, the court shall continue with the omission.
judicial proceedings.
Rule 5.5. Contents of the petition. - The verified petition
Rule 4.6. No reconsideration, appeal or certiorari. - An must state the following:
order referring the dispute to arbitration shall be



a. The fact that there is an arbitration agreement; The respondent has the option of having the temporary
b. The fact that the arbitral tribunal has not been order of protection lifted by posting an appropriate
constituted, or if constituted, is unable to act or would be counter-bond as determined by the court.
unable to act effectively; If the respondent requests the court for an extension of
c. A detailed description of the appropriate relief sought; the period to file his opposition or comment or to reset
the hearing to a later date, and such request is granted,
d. The grounds relied on for the allowance of the petition the court shall extend the period of validity of the
Apart from other submissions, the petitioner must attach ex-parte temporary order of protection for no more than
to his petition an authentic copy of the arbitration twenty days from expiration of the original period.
agreement. After notice and hearing, the court may either grant or
Rule 5.6. Type of interim measure of protection that a deny the petition for an interim measure of protection.
court may grant.- The following, among others, are the The order granting or denying any application for interim
interim measures of protection that a court may grant: measure of protection in aid of arbitration must indicate
that it is issued without prejudice to subsequent grant,
a. Preliminary injunction directed against a party to modification, amendment, revision or revocation by an
arbitration; arbitral tribunal.
b. Preliminary attachment against property or Rule 5.10. Relief against court action. - If respondent was
garnishment of funds in the custody of a bank or a third given an opportunity to be heard on a petition for an
person; interim measure of protection, any order by the court
c. Appointment of a receiver; shall be immediately executory, but may be the subject of
a motion for reconsideration and/or appeal or, if
d. Detention, preservation, delivery or inspection of warranted, a petition for certiorari.
property; or,
Rule 5.11. Duty of the court to refer back. - The court shall
e. Assistance in the enforcement of an interim measure of not deny an application for assistance in implementing or
protection granted by the arbitral tribunal, which the enforcing an interim measure of protection ordered by an
latter cannot enforce effectively. arbitral tribunal on any or all of the following grounds:
Rule 5.7. Dispensing with prior notice in certain cases. - a. The arbitral tribunal granted the interim relief ex parte;
Prior notice to the other party may be dispensed with or
when the petitioner alleges in the petition that there is an
urgent need to either (a) preserve property, (b) prevent b. The party opposing the application found new material
the respondent from disposing of, or concealing, the evidence, which the arbitral tribunal had not considered
property, or (c) prevent the relief prayed for from in granting in the application, and which, if considered,
becoming illusory because of prior notice, and the court may produce a different result; or
finds that the reason/s given by the petitioner are c. The measure of protection ordered by the arbitral
meritorious. tribunal amends, revokes, modifies or is inconsistent with
Rule 5.8. Comment/Opposition. - The comment/ an earlier measure of protection issued by the court.
opposition must be filed within fifteen (15) days from If it finds that there is sufficient merit in the opposition to
service of the petition. The opposition or comment the application based on letter (b) above, the court shall
should state the reasons why the interim measure of refer the matter back to the arbitral tribunal for
protection should not be granted. appropriate determination.
Rule 5.9. Court action. - After hearing the petition, the Rule 5.12. Security. - The order granting an interim
court shall balance the relative interests of the parties and measure of protection may be conditioned upon the
inconveniences that may be caused, and on that basis provision of security, performance of an act, or omission
resolve the matter within thirty (30) days from (a) thereof, specified in the order.
submission of the opposition, or (b) upon lapse of the
period to file the same, or (c) from termination of the The Court may not change or increase or decrease the
hearing that the court may set only if there is a need for security ordered by the arbitral tribunal.
clarification or further argument. Rule 5.13. Modification, amendment, revision or
If the other parties fail to file their opposition on or before revocation of court’s previously issued interim measure of
the day of the hearing, the court shall motu proprio protection. - Any court order granting or denying interim
render judgment only on the basis of the allegations in measure/s of protection is issued without prejudice to
the petition that are substantiated by supporting subsequent grant, modification, amendment, revision or
documents and limited to what is prayed for therein. revocation by the arbitral tribunal as may be warranted.
In cases where, based solely on the petition, the court An interim measure of protection issued by the arbitral
finds that there is an urgent need to either (a) preserve tribunal shall, upon its issuance be deemed to have ipso
property, (b) prevent the respondent from disposing of, or jure modified, amended, revised or revoked an interim
concealing, the property, or (c) prevent the relief prayed measure of protection previously issued by the court to
for from becoming illusory because of prior notice, it shall the extent that it is inconsistent with the subsequent
issue an immediately executory temporary order of interim measure of protection issued by the arbitral
protection and require the petitioner, within five (5) days tribunal.
from receipt of that order, to post a bond to answer for Rule 5.14. Conflict or inconsistency between interim
any damage that respondent may suffer as a result of its measure of protection issued by the court and by the
order. The ex-parte temporary order of protection shall be arbitral tribunal. - Any question involving a conflict or
valid only for a period of twenty (20) days from the service inconsistency between an interim measure of protection
on the party required to comply with the order. Within issued by the court and by the arbitral tribunal shall be
that period, the court shall: immediately referred by the court to the arbitral tribunal
a. Furnish the respondent a copy of the petition and a which shall have the authority to decide such question.
notice requiring him to comment thereon on or before Rule 5.15. Court to defer action on petition for an interim
the day the petition will be heard; and measure of protection when informed of constitution of
b. Notify the parties that the petition shall be heard on a the arbitral tribunal. - The court shall defer action on any
day specified in the notice, which must not be beyond pending petition for an interim measure of protection
the twenty (20) day period of the effectivity of the filed by a party to an arbitration agreement arising from
ex-parte order. or in connection with a dispute thereunder upon being
informed that an arbitral tribunal has been constituted
pursuant to such agreement. The court may act upon
such petition only if it is established by the petitioner that



the arbitral tribunal has no power to act on any such within a reasonable time, from the date a request is
interim measure of protection or is unable to act thereon made; and
effectively. f. The petitioner is not the cause of the delay in, or failure
Rule 5.16. Court assistance should arbitral tribunal be of, the appointment of the arbitrator.
unable to effectively enforce interim measure of Apart from other submissions, the petitioner must attach
protection. - The court shall assist in the enforcement of to the petition (a) an authentic copy of the arbitration
an interim measure of protection issued by the arbitral agreement, and (b) proof that the Appointing Authority
tribunal which it is unable to effectively enforce. has been notified of the filing of the petition for
appointment with the court.
RULE 6: APPOINTMENT OF ARBITRATORS Rule 6.5. Comment/Opposition. - The comment/
Rule 6.1. When the court may act as Appointing opposition must be filed within fifteen (15) days from
Authority. - The court shall act as Appointing Authority service of the petition.
only in the following instances: Rule 6.6. Submission of list of arbitrators. - The court may,
a. Where any of the parties in an institutional arbitration at its option, also require each party to submit a list of not
failed or refused to appoint an arbitrator or when the less than three (3) proposed arbitrators together with
parties have failed to reach an agreement on the sole their curriculum vitae.
arbitrator (in an arbitration before a sole arbitrator) or Rule 6.7. Court action. - After hearing, if the court finds
when the two designated arbitrators have failed to reach merit in the petition, it shall appoint an arbitrator;
an agreement on the third or presiding arbitrator (in an otherwise, it shall dismiss the petition.
arbitration before a panel of three arbitrators), and the
institution under whose rules arbitration is to be In making the appointment, the court shall have regard
conducted fails or is unable to perform its duty as to such considerations as are likely to secure the
appointing authority within a reasonable time from appointment of an independent and impartial arbitrator.
receipt of the request for appointment; At any time after the petition is filed and before the court
b. In all instances where arbitration is ad hoc and the makes an appointment, it shall also dismiss the petition
parties failed to provide a method for appointing or upon being informed that the Appointing Authority has
replacing an arbitrator, or substitute arbitrator, or the already made the appointment.
method agreed upon is ineffective, and the National Rule 6.8. Forum shopping prohibited. - When there is a
President of the Integrated Bar of the Philippines (IBP) or pending petition in another court to declare the
his duly authorized representative fails or refuses to act arbitration agreement inexistent, invalid, unenforceable,
within such period as may be allowed under the on account of which the respondent failed or refused to
pertinent rules of the IBP or within such period as may be participate in the selection and appointment of a sole
agreed upon by the parties, or in the absence thereof, arbitrator or to appoint a party-nominated arbitrator, the
within thirty (30) days from receipt of such request for petition filed under this rule shall be dismissed.
appointment;
Rule 6.9. Relief against court action. - If the court
c. Where the parties agreed that their dispute shall be appoints an arbitrator, the order appointing an arbitrator
resolved by three arbitrators but no method of shall be immediately executory and shall not be the
appointing those arbitrators has been agreed upon, each subject of a motion for reconsideration, appeal or
party shall appoint one arbitrator and the two arbitrators certiorari. An order of the court denying the petition for
thus appointed shall appoint a third arbitrator. If a party appointment of an arbitrator may, however, be the
fails to appoint his arbitrator within thirty (30) days of subject of a motion for reconsideration, appeal or
receipt of a request to do so from the other party, or if the certiorari.
two arbitrators fail to agree on the third arbitrator within a
reasonable time from their appointment, the
appointment shall be made by the Appointing Authority. RULE 7: CHALLENGE TO APPOINTMENT OF ARBITRATOR
If the latter fails or refuses to act or appoint an arbitrator Rule 7.1. Who may challenge. - Any of the parties to an
within a reasonable time from receipt of the request to arbitration may challenge an arbitrator.
do so, any party or the appointed arbitrator/s may request
the court to appoint an arbitrator or the third arbitrator as Rule 7.2. When challenge may be raised in court. - When
the case may be. an arbitrator is challenged before the arbitral tribunal
under the procedure agreed upon by the parties or under
Rule 6.2. Who may request for appointment. - Any party the procedure provided for in Article 13 (2) of the Model
to an arbitration may request the court to act as an Law and the challenge is not successful, the aggrieved
Appointing Authority in the instances specified in Rule 6.1 party may request the Appointing Authority to rule on
above. the challenge, and it is only when such Appointing
Rule 6.3. Venue. - The petition for appointment of Authority fails or refuses to act on the challenge within
arbitrator may be filed, at the option of the petitioner, in such period as may be allowed under the applicable rule
the Regional Trial Court (a) where the principal place of or in the absence thereof, within thirty (30) days from
business of any of the parties is located, (b) if any of the receipt of the request, that the aggrieved party may
parties are individuals, where those individuals reside, or renew the challenge in court.
(c) in the National Capital Region. Rule 7.3. Venue. - The challenge shall be filed with the
Rule 6.4. Contents of the petition. -The petition shall state Regional Trial Court (a) where the principal place of
the following: business of any of the parties is located, (b) if any of the
parties are individuals, where those individuals reside, or
a. The general nature of the dispute; (c) in the National Capital Region.
b. If the parties agreed on an appointment procedure, a Rule 7.4. Grounds. - An arbitrator may be challenged on
description of that procedure with reference to the any of the grounds for challenge provided for in Republic
agreement where such may be found; Act No. 9285 and its implementing rules, Republic Act No.
c. The number of arbitrators agreed upon or the absence 876 or the Model Law. The nationality or professional
of any agreement as to the number of arbitrators; qualification of an arbitrator is not a ground to challenge
an arbitrator unless the parties have specified in their
d. The special qualifications that the arbitrator/s must arbitration agreement a nationality and/or professional
possess, if any, that were agreed upon by the parties; qualification for appointment as arbitrator.
e. The fact that the Appointing Authority, without Rule 7.5. Contents of the petition. - The petition shall state
justifiable cause, has failed or refused to act as such the following:
within the time prescribed or in the absence thereof,


a. The name/s of the arbitrator/s challenged and his/their and in the court where the petition to replace the
address; challenged arbitrator was filed. The court, in determining
b. The grounds for the challenge; the amount of the award to the challenged arbitrator,
shall receive evidence of expenses to be reimbursed,
c. The facts showing that the ground for the challenge which may consist of air tickets, hotel bills and expenses,
has been expressly or impliedly rejected by the and inland transportation. The court shall direct the
challenged arbitrator/s; and challenging party to pay the amount of the award to the
d. The facts showing that the Appointing Authority failed court for the account of the challenged arbitrator, in
or refused to act on the challenge. default of which the court may issue a writ of execution to
enforce the award.
The court shall dismiss the petition motu proprio unless it
is clearly alleged therein that the Appointing Authority
charged with deciding the challenge, after the resolution RULE 8: TERMINATION OF THE MANDATE OF
of the arbitral tribunal rejecting the challenge is raised or ARBITRATOR
contested before such Appointing Authority, failed or Rule 8.1. Who may request termination and on what
refused to act on the challenge within thirty (30) days grounds.- Any of the parties to an arbitration may request
from receipt of the request or within such longer period for the termination of the mandate of an arbitrator where
as may apply or as may have been agreed upon by the an arbitrator becomes de jure or de facto unable to
parties. perform his function or for other reasons fails to act
Rule 7.6. Comment/Opposition. - The challenged without undue delay and that arbitrator, upon request of
arbitrator or other parties may file a comment or any party, fails or refuses to withdraw from his office.
opposition within fifteen (15) days from service of the Rule 8.2. When to request. - If an arbitrator refuses to
petition. withdraw from his office, and subsequently, the
Rule 7.7. Court action. - After hearing, the court shall Appointing Authority fails or refuses to decide on the
remove the challenged arbitrator if it finds merit in the termination of the mandate of that arbitrator within such
petition; otherwise, it shall dismiss the petition. period as may be allowed under the applicable rule or, in
the absence thereof, within thirty (30) days from the time
The court shall allow the challenged arbitrator who the request is brought before him, any party may file with
subsequently agrees to accept the challenge to withdraw the court a petition to terminate the mandate of that
as arbitrator. arbitrator.
The court shall accept the challenge and remove the Rule 8.3. Venue. - A petition to terminate the mandate of
arbitrator in the following cases: an arbitrator may, at that petitioner’s option, be filed with
a. The party or parties who named and appointed the the Regional Trial Court (a) where the principal place of
challenged arbitrator agree to the challenge and business of any of the parties is located, (b) where any of
withdraw the appointment. the parties who are individuals resides, or (c) in the
b. The other arbitrators in the arbitral tribunal agree to National Capital Region.
the removal of the challenged arbitrator; and Rule 8.4. Contents of the petition. - The petition shall
c. The challenged arbitrator fails or refuses to submit his state the following:
comment on the petition or the brief of legal arguments a. The name of the arbitrator whose mandate is sought to
as directed by the court, or in such comment or legal be terminated;
brief, he fails to object to his removal following the b. The ground/s for termination;
challenge.
c. The fact that one or all of the parties had requested the
The court shall decide the challenge on the basis of arbitrator to withdraw but he failed or refused to do so;
evidence submitted by the parties.
d. The fact that one or all of the parties requested the
The court will decide the challenge on the basis of the Appointing Authority to act on the request for the
evidence submitted by the parties in the following termination of the mandate of the arbitrator and failure
instances: or inability of the Appointing Authority to act within thirty
a. The other arbitrators in the arbitral tribunal agree to the (30) days from the request of a party or parties or within
removal of the challenged arbitrator; and such period as may have been agreed upon by the
b. If the challenged arbitrator fails or refuses to submit his parties or allowed under the applicable rule.
comment on the petition or the brief of legal arguments The petitioner shall further allege that one or all of the
as directed by the court, or in such comment or brief of parties had requested the arbitrator to withdraw but he
legal arguments, he fails to object to his removal failed or refused to do so.
following the challenge. Rule 8.5. Comment/Opposition. - The comment/
Rule 7.8. No motion for reconsideration, appeal or opposition must be filed within fifteen (15) days from
certiorari. - Any order of the court resolving the petition service of the petition.
shall be immediately executory and shall not be the Rule 8.6. Court action. - After hearing, if the court finds
subject of a motion for reconsideration, appeal, or merit in the petition, it shall terminate the mandate of
certiorari. the arbitrator who refuses to withdraw from his office;
Rule 7.9. Reimbursement of expenses and reasonable otherwise, it shall dismiss the petition.
compensation to challenged arbitrator. - Unless the bad Rule 8.7. No motion for reconsideration or appeal. - Any
faith of the challenged arbitrator is established with order of the court resolving the petition shall be
reasonable certainty by concealing or failing to disclose a immediately executory and shall not be subject of a
ground for his disqualification, the challenged arbitrator motion for reconsideration, appeal or petition for
shall be entitled to reimbursement of all reasonable certiorari.
expenses he may have incurred in attending to the
arbitration and to a reasonable compensation for his work Rule 8.8. Appointment of substitute arbitrator. - Where
on the arbitration. Such expenses include, but shall not the mandate of an arbitrator is terminated, or he
be limited to, transportation and hotel expenses, if any. A withdraws from office for any other reason, or because of
reasonable compensation shall be paid to the challenged his mandate is revoked by agreement of the parties or is
arbitrator on the basis of the length of time he has terminated for any other reason, a substitute arbitrator
devoted to the arbitration and taking into consideration shall be appointed according to the rules that were
his stature and reputation as an arbitrator. The request for applicable to the appointment of the arbitrator being
reimbursement of expenses and for payment of a replaced.
reasonable compensation shall be filed in the same case


disobeys its order to testify when required or perform any

RULE 9: ASSISTANCE IN TAKING EVIDENCE act required of him.
Rule 9.1. Who may request assistance. - Any party to an
arbitration, whether domestic or foreign, may request the RULE 10: CONFIDENTIALITY/PROTECTIVE ORDERS
court to provide assistance in taking evidence. Rule 10.1. Who may request confidentiality. - A party,
Rule 9.2. When assistance may be sought. - Assistance counsel or witness who disclosed or who was compelled
may be sought at any time during the course of the to disclose information relative to the subject of ADR
arbitral proceedings when the need arises. under circumstances that would create a reasonable
Rule 9.3. Venue. - A petition for assistance in taking expectation, on behalf of the source, that the information
evidence may, at the option of the petitioner, be filed shall be kept confidential has the right to prevent such
with Regional Trial Court where (a) arbitration information from being further disclosed without the
proceedings are taking place, (b) the witnesses reside or express written consent of the source or the party who
may be found, or (c) where the evidence may be found. made the disclosure.
Rule 9.4. Ground. - The court may grant or execute the Rule 10.2. When request made. - A party may request a
request for assistance in taking evidence within its protective order at anytime there is a need to enforce the
competence and according to the rules of evidence. confidentiality of the information obtained, or to be
obtained, in ADR proceedings.
Rule 9.5. Type of assistance. - A party requiring assistance
in the taking of evidence may petition the court to direct Rule 10.3. Venue. - A petition for a protective order may
any person, including a representative of a corporation, be filed with the Regional Trial Court where that order
association, partnership or other entity (other than a would be implemented.
party to the ADR proceedings or its officers) found in the If there is a pending court proceeding in which the
Philippines, for any of the following: information obtained in an ADR proceeding is required to
a. To comply with a subpoena ad testificandum and/or be divulged or is being divulged, the party seeking to
subpoena duces tecum; enforce the confidentiality of the information may file a
motion with the court where the proceedings are
b. To appear as a witness before an officer for the taking pending to enjoin the confidential information from
of his deposition upon oral examination or by written being divulged or to suppress confidential information.
interrogatories;
Rule 10.4. Grounds. - A protective order may be granted
c. To allow the physical examination of the condition of only if it is shown that the applicant would be materially
persons, or the inspection of things or premises and, prejudiced by an unauthorized disclosure of the
when appropriate, to allow the recording and/or information obtained, or to be obtained, during an ADR
documentation of condition of persons, things or proceeding.
premises (i.e., photographs, video and other means of
recording/documentation); Rule 10.5. Contents of the motion or petition. - The
petition or motion must state the following:
d. To allow the examination and copying of documents;
and a. That the information sought to be protected was
obtained, or would be obtained, during an ADR
e. To perform any similar acts. proceeding;
Rule 9.6. Contents of the petition. - The petition must b. The applicant would be materially prejudiced by the
state the following: disclosure of that information;
a. The fact that there is an ongoing arbitration c. The person or persons who are being asked to divulge
proceeding even if such proceeding could not continue the confidential information participated in an ADR
due to some legal impediments; proceedings; and
b. The arbitral tribunal ordered the taking of evidence or d. The time, date and place when the ADR proceedings
the party desires to present evidence to the arbitral took place.
tribunal;
Apart from the other submissions, the movant must set
c. Materiality or relevance of the evidence to be taken; and the motion for hearing and contain a notice of hearing in
d. The names and addresses of the intended witness/es, accordance with Rule 15 of the Rules of Court.
place where the evidence may be found, the place where Rule 10.6. Notice. - Notice of a request for a protective
the premises to be inspected are located or the place order made through a motion shall be made to the
where the acts required are to be done. opposing parties in accordance with Rule 15 of the Rules
Rule 9.7. Comment/Opposition. - The comment/ of Court.
opposition must be filed within fifteen (15) days from Rule 10.7. Comment/Opposition. - The comment/
service of the petition. opposition must be filed within fifteen (15) days from
Rule 9.8. Court action. - If the evidence sought is not service of the petition. The opposition or comment may
privileged, and is material and relevant, the court shall be accompanied by written proof that (a) the information
grant the assistance in taking evidence requested and is not confidential, (b) the information was not obtained
shall order petitioner to pay costs attendant to such during an ADR proceeding, (c) there was a waiver of
assistance. confidentiality, or (d) the petitioner/movant is precluded
from asserting confidentiality.
Rule 9.9. Relief against court action. - The order granting
assistance in taking evidence shall be immediately Rule 10.8. Court action. - If the court finds the petition or
executory and not subject to reconsideration or appeal. If motion meritorious, it shall issue an order enjoining a
the court declines to grant assistance in taking evidence, person or persons from divulging confidential
the petitioner may file a motion for reconsideration or information.
appeal. In resolving the petition or motion, the courts shall be
Rule 9.10. Perpetuation of testimony before the arbitral guided by the following principles applicable to all ADR
tribunal is constituted. - At anytime before arbitration is proceedings: Confidential information shall not be
commenced or before the arbitral tribunal is constituted, subject to discovery and shall be inadmissible in any
any person who desires to perpetuate his testimony or adversarial proceeding, whether judicial or quasi judicial.
that of another person may do so in accordance with Rule However, evidence or information that is otherwise
24 of the Rules of Court. admissible or subject to discovery does not become
inadmissible or protected from discovery solely by reason
Rule 9.11. Consequence of disobedience. - The court may of its use therein.
impose the appropriate sanction on any person who



For mediation proceedings, the court shall be further (G) A petition to correct an arbitral award may be
guided by the following principles: included as part of a petition to confirm the arbitral
a. Information obtained through mediation shall be award or as a petition to confirm that award.
privileged and confidential. Rule 11.3. Venue. - The petition for confirmation,
b. A party, a mediator, or a nonparty participant may correction/modification or vacation of a domestic arbitral
refuse to disclose and may prevent any other person from award may be filed with Regional Trial Court having
disclosing a mediation communication. jurisdiction over the place in which one of the parties is
doing business, where any of the parties reside or where
c. In such an adversarial proceeding, the following arbitration proceedings were conducted.
persons involved or previously involved in a mediation
may not be compelled to disclose confidential Rule 11.4. Grounds. - (A) To vacate an arbitral award. - The
information obtained during the mediation: (1) the parties arbitral award may be vacated on the following grounds:
to the dispute; (2) the mediator or mediators; (3) the a. The arbitral award was procured through corruption,
counsel for the parties: (4) the nonparty participants; (5) fraud or other undue means;
any persons hired or engaged in connection with the b. There was evident partiality or corruption in the arbitral
mediation as secretary, stenographer; clerk or assistant; tribunal or any of its members;
and (6) any other person who obtains or possesses
confidential information by reason of his/ her profession. c. The arbitral tribunal was guilty of misconduct or any
form of misbehavior that has materially prejudiced the
d. The protection of the ADR Laws shall continue to apply rights of any party such as refusing to postpone a hearing
even if a mediator is found to have failed to act upon sufficient cause shown or to hear evidence
impartially. pertinent and material to the controversy;
e. A mediator may not be called to testify to provide d. One or more of the arbitrators was disqualified to act as
information gathered in mediation. A mediator who is such under the law and willfully refrained from disclosing
wrongfully subpoenaed shall be reimbursed the full cost such disqualification; or
of his attorney fees and related expenses.
e. The arbitral tribunal exceeded its powers, or so
Rule 10.9. Relief against court action. - The order imperfectly executed them, such that a complete, final
enjoining a person or persons from divulging confidential and definite award upon the subject matter submitted to
information shall be immediately executory and may not them was not made.
be enjoined while the order is being questioned with the
appellate courts. The award may also be vacated on any or all of the
following grounds:
If the court declines to enjoin a person or persons from
divulging confidential information, the petitioner may file a. The arbitration agreement did not exist, or is invalid for
a motion for reconsideration or appeal. any ground for the revocation of a contract or is otherwise
unenforceable; or
Rule 10.10. Consequence of disobedience. - Any person
who disobeys the order of the court to cease from b. A party to arbitration is a minor or a person judicially
divulging confidential information shall be imposed the declared to be incompetent.
proper sanction by the court. The petition to vacate an arbitral award on the ground
that the party to arbitration is a minor or a person
RULE 11: CONFIRMATION, CORRECTION OR VACATION judicially declared to be incompetent shall be filed only
OF AWARD IN DOMESTIC ARBITRATION on behalf of the minor or incompetent and shall allege
that (a) the other party to arbitration had knowingly
Rule 11.1. Who may request confirmation, correction or entered into a submission or agreement with such minor
vacation. - Any party to a domestic arbitration may or incompetent, or (b) the submission to arbitration was
petition the court to confirm, correct or vacate a domestic made by a guardian or guardian ad litem who was not
arbitral award. authorized to do so by a competent court.
Rule 11.2. When to request confirmation, In deciding the petition to vacate the arbitral award, the
correction/modification or vacation. - court shall disregard any other ground than those
(A) Confirmation. - At any time after the lapse of thirty enumerated above.
(30) days from receipt by the petitioner of the arbitral (B) To correct/modify an arbitral award. - The Court may
award, he may petition the court to confirm that award. correct/modify or order the arbitral tribunal to
(B) Correction/Modification. - Not later than thirty (30) correct/modify the arbitral award in the following cases:
days from receipt of the arbitral award, a party may a. Where there was an evident miscalculation of figures
petition the court to correct/modify that award. or an evident mistake in the description of any person,
(C) Vacation. - Not later than thirty (30) days from receipt thing or property referred to in the award;
of the arbitral award, a party may petition the court to b. Where the arbitrators have awarded upon a matter not
vacate that award. submitted to them, not affecting the merits of the
(D) A petition to vacate the arbitral award may be filed, in decision upon the matter submitted;
opposition to a petition to confirm the arbitral award, not c. Where the arbitrators have omitted to resolve an issue
later than thirty (30) days from receipt of the award by the submitted to them for resolution; or
petitioner. A petition to vacate the arbitral award filed
beyond the reglementary period shall be dismissed. d. Where the award is imperfect in a matter of form not
affecting the merits of the controversy, and if it had been
(E) A petition to confirm the arbitral award may be filed, a commissioner’s report, the defect could have been
in opposition to a petition to vacate the arbitral award, at amended or disregarded by the Court.
any time after the petition to vacate such arbitral award is
filed. The dismissal of the petition to vacate the arbitral Rule 11.5. Form of petition. - An application to vacate an
award for having been filed beyond the reglementary arbitral award shall be in the form of a petition to vacate
period shall not result in the dismissal of the petition for or as a petition to vacate in opposition to a petition to
the confirmation of such arbitral award. confirm the same award.
(F) The filing of a petition to confirm an arbitral award An application to correct/modify an arbitral award may be
shall not authorize the filing of a belated petition to included in a petition to confirm an arbitral award or in a
vacate or set aside such award in opposition thereto. petition to vacate in opposition to confirm the same
award.
When a petition to confirm an arbitral award is pending
before a court, the party seeking to vacate or



correct/modify said award may only apply for those reliefs attached to the affidavits or reply affidavits documents
through a petition to vacate or correct/modify the award relied upon in support of the statements of fact in such
in opposition to the petition to confirm the award affidavits or reply affidavits.
provided that such petition to vacate or correct/modify is If the petition or the petition in opposition thereto is one
filed within thirty (30) days from his receipt of the award. for vacation of an arbitral award, the interested party in
A petition to vacate or correct/modify an arbitral award arbitration may oppose the petition or the petition in
filed in another court or in a separate case before the opposition thereto for the reason that the grounds cited
same court shall be dismissed, upon appropriate motion, in the petition or the petition in opposition thereto,
as a violation of the rule against forum-shopping. assuming them to be true, do not affect the merits of the
When a petition to vacate or correct/modify an arbitral case and may be cured or remedied. Moreover, the
award is pending before a court, the party seeking to interested party may request the court to suspend the
confirm said award may only apply for that relief through proceedings for vacation for a period of time and to direct
a petition to confirm the same award in opposition to the the arbitral tribunal to reopen and conduct a new hearing
petition to vacate or correct/modify the award. A petition and take such other action as will eliminate the grounds
to confirm or correct/modify an arbitral award filed as for vacation of the award. The opposition shall be
separate proceeding in another court or in a different supported by a brief of legal arguments to show the
case before the same court shall be dismissed, upon existence of a sufficient legal basis for the opposition.
appropriate motion, as a violation of the rule against If the ground of the petition to vacate an arbitral award is
forum shopping. that the arbitration agreement did not exist, is invalid or
As an alternative to the dismissal of a second petition for otherwise unenforceable, and an earlier petition for
confirmation, vacation or correction/modification of an judicial relief under Rule 3 had been filed, a copy of such
arbitral award filed in violation of the non-forum petition and of the decision or final order of the court
shopping rule, the court or courts concerned may allow shall be attached thereto. But if the ground was raised
the consolidation of the two proceedings in one court before the arbitral tribunal in a motion to dismiss filed not
and in one case. later than the submission of its answer, and the arbitral
Where the petition to confirm the award and petition to tribunal ruled in favor of its own jurisdiction as a
vacate or correct/modify were simultaneously filed by the preliminary question which was appealed by a party to
parties in the same court or in different courts in the the Regional Trial Court, a copy of the order, ruling or
Philippines, upon motion of either party, the court may preliminary award or decision of the arbitral tribunal, the
order the consolidation of the two cases before either appeal therefrom to the Court and the order or decision
court. of the Court shall all be attached to the petition.
In all instances, the petition must be verified by a person If the ground of the petition is that the petitioner is an
who has knowledge of the jurisdictional facts. infant or a person judicially declared to be incompetent,
there shall be attached to the petition certified copies of
Rule 11.6. Contents of petition. - The petition must state documents showing such fact. In addition, the petitioner
the following: shall show that even if the submission or arbitration
a. The addresses of the parties and any change thereof; agreement was entered into by a guardian or guardian
ad litem, the latter was not authorized by a competent
b. The jurisdictional issues raised by a party during court to sign such the submission or arbitration
arbitration proceedings; agreement.
c. The grounds relied upon by the parties in seeking the If on the basis of the petition, the opposition, the
vacation of the arbitral award whether the petition is a affidavits and reply affidavits of the parties, the court
petition for the vacation or setting aside of the arbitral finds that there is a need to conduct an oral hearing, the
award or a petition in opposition to a petition to confirm court shall set the case for hearing. This case shall have
the award; and preference over other cases before the court, except
d. A statement of the date of receipt of the arbitral award criminal cases. During the hearing, the affidavits of
and the circumstances under which it was received by witnesses shall take the place of their direct testimonies
the petitioner. and they shall immediately be subject to
cross-examination thereon. The Court shall have full
Apart from other submissions, the petitioner must attach control over the proceedings in order to ensure that the
to the petition the following: case is heard without undue delay.
a. An authentic copy of the arbitration agreement; Rule 11.9. Court action. - Unless a ground to vacate an
b. An authentic copy of the arbitral award; arbitral award under Rule 11.5 above is fully established,
c. A certification against forum shopping executed by the the court shall confirm the award.
applicant in accordance with Section 5 of Rule 7 of the An arbitral award shall enjoy the presumption that it was
Rules of Court; and made and released in due course of arbitration and is
d. An authentic copy or authentic copies of the subject to confirmation by the court
appointment of an arbitral tribunal. In resolving the petition or petition in opposition thereto
Rule 11.7. Notice. - Upon finding that the petition filed in accordance with these Special ADR Rules, the court
under this Rule is sufficient both in form and in shall either confirm or vacate the arbitral award. The
substance, the Court shall cause notice and a copy of the court shall not disturb the arbitral tribunal’s
petition to be delivered to the respondent allowing him determination of facts and/or interpretation of law.
to file a comment or opposition thereto within fifteen (15) In a petition to vacate an award or in petition to vacate an
days from receipt of the petition. In lieu of an opposition, award in opposition to a petition to confirm the award,
the respondent may file a petition in opposition to the the petitioner may simultaneously apply with the Court
petition. to refer the case back to the same arbitral tribunal for the
The petitioner may within fifteen (15) days from receipt of purpose of making a new or revised award or to direct a
the petition in opposition thereto file a reply. new hearing, or in the appropriate case, order the new
hearing before a new arbitral tribunal, the members of
Rule 11.8. Hearing. - If the Court finds from the petition or which shall be chosen in the manner provided in the
petition in opposition thereto that there are issues of fact, arbitration agreement or submission, or the law. In the
it shall require the parties, within a period of not more latter case, any provision limiting the time in which the
than fifteen (15) days from receipt of the order, to arbitral tribunal may make a decision shall be deemed
simultaneously submit the affidavits of all of their applicable to the new arbitral tribunal.
witnesses and reply affidavits within ten (10) days from
receipt of the affidavits to be replied to. There shall be In referring the case back to the arbitral tribunal or to a
new arbitral tribunal pursuant to Rule 24 of Republic Act



No. 876, the court may not direct it to revise its award in a derogate, or, failing such agreement, was not in
particular way, or to revise its findings of fact or accordance with Philippine law;
conclusions of law or otherwise encroach upon the b. The court finds that:
independence of an arbitral tribunal in the making of a
final award. (i). The subject-matter of the dispute is not capable of
settlement by arbitration under the law of the
Philippines; or
RULE 12: RECOGNITION AND ENFORCEMENT OR
SETTING ASIDE OF AN INTERNATIONAL COMMERCIAL (ii). The recognition or enforcement of the award would
ARBITRATION AWARD be contrary to public policy.
Rule 12.1. Who may request recognition and enforcement In deciding the petition, the Court shall disregard any
or setting aside. - Any party to an international other ground to set aside or enforce the arbitral award
commercial arbitration in the Philippines may petition other than those enumerated above.
the proper court to recognize and enforce or set aside an The petition to set-aside or a pleading resisting the
arbitral award. enforcement of an arbitral award on the ground that a
Rule 12.2. When to file petition. - (A) Petition to recognize party was a minor or an incompetent shall be filed only
and enforce. - The petition for enforcement and on behalf of the minor or incompetent and shall allege
recognition of an arbitral award may be filed anytime that (a) the other party to arbitration had knowingly
from receipt of the award. If, however, a timely petition to entered into a submission or agreement with such minor
set aside an arbitral award is filed, the opposing party or incompetent, or (b) the submission to arbitration was
must file therein and in opposition thereto the petition made by a guardian or guardian ad litem who was not
for recognition and enforcement of the same award authorized to do so by a competent court.
within the period for filing an opposition. Rule 12.5. Exclusive recourse against arbitral award. -
(B) Petition to set aside. - The petition to set aside an Recourse to a court against an arbitral award shall be
arbitral award may only be filed within three (3) months made only through a petition to set aside the arbitral
from the time the petitioner receives a copy thereof. If a award and on grounds prescribed by the law that governs
timely request is made with the arbitral tribunal for international commercial arbitration. Any other recourse
correction, interpretation or additional award, the three from the arbitral award, such as by appeal or petition for
(3) month period shall be counted from the time the review or petition for certiorari or otherwise, shall be
petitioner receives the resolution by the arbitral tribunal dismissed by the court.
of that request. Rule 12.6. Form. - The application to recognize and
A petition to set aside can no longer be filed after the enforce or set aside an arbitral award, whether made
lapse of the three (3) month period. The dismissal of a through a petition to recognize and enforce or to set
petition to set aside an arbitral award for being aside or as a petition to set aside the award in opposition
time-barred shall not automatically result in the approval thereto, or through a petition to set aside or petition to
of the petition filed therein and in opposition thereto for recognize and enforce in opposition thereto, shall be
recognition and enforcement of the same award. Failure verified by a person who has personal knowledge of the
to file a petition to set aside shall preclude a party from facts stated therein.
raising grounds to resist enforcement of the award. When a petition to recognize and enforce an arbitral
Rule 12.3. Venue. - A petition to recognize and enforce or award is pending, the application to set it aside, if not yet
set aside an arbitral award may, at the option of the time-barred, shall be made through a petition to set aside
petitioner, be filed with the Regional Trial Court: (a) where the same award in the same proceedings.
arbitration proceedings were conducted; (b) where any of When a timely petition to set aside an arbitral award is
the assets to be attached or levied upon is located; (c) filed, the opposing party may file a petition for
where the act to be enjoined will be or is being recognition and enforcement of the same award in
performed; (d) where any of the parties to arbitration opposition thereto.
resides or has its place of business; or (e) in the National Rule 12.7. Contents of petition. - (A) Petition to recognize
Capital Judicial Region. and enforce. - The petition to recognize and enforce or
Rule 12.4. Grounds to set aside or resist enforcement. - petition to set aside in opposition thereto, or petition to
The court may set aside or refuse the enforcement of the set aside or petition to recognize and enforce in
arbitral award only if: opposition thereto, shall state the following:
a. The party making the application furnishes proof that: a. The addresses of record, or any change thereof, of the
(i). A party to the arbitration agreement was under some parties to arbitration;
incapacity, or the said agreement is not valid under the b. A statement that the arbitration agreement or
law to which the parties have subjected it or, failing any submission exists;
indication thereof, under Philippine law; or c. The names of the arbitrators and proof of their
(ii). The party making the application to set aside or resist appointment;
enforcement was not given proper notice of the d. A statement that an arbitral award was issued and
appointment of an arbitrator or of the arbitral when the petitioner received it; and
proceedings or was otherwise unable to present his case;
or e. The relief sought.
(iii). The award deals with a dispute not contemplated by Apart from other submissions, the petitioner shall attach
or not falling within the terms of the submission to to the petition the following:
arbitration, or contains decisions on matters beyond the a. An authentic copy of the arbitration agreement;
scope of the submission to arbitration; provided that, if
the decisions on matters submitted to arbitration can be b. An authentic copy of the arbitral award;
separated from those not so submitted, only that part of c. A verification and certification against forum shopping
the award which contains decisions on matters not executed by the applicant in accordance with Sections 4
submitted to arbitration may be set aside or only that and 5 of Rule 7 of the Rules of Court; and
part of the award which contains decisions on matters
submitted to arbitration may be enforced; or d. An authentic copy or authentic copies of the
appointment of an arbitral tribunal.
(iv). The composition of the arbitral tribunal or the arbitral
procedure was not in accordance with the agreement of (B) Petition to set aside. - The petition to set aside or
the parties, unless such agreement was in conflict with a petition to set aside in opposition to a petition to
provision of Philippine law from which the parties cannot recognize and enforce an arbitral award in international
commercial arbitration shall have the same contents as a



petition to recognize and enforce or petition to recognize affirming its jurisdiction to act on the matter before it had

and enforce in opposition to a petition to set aside an been appealed by the party aggrieved by such
arbitral award. In addition, the said petitions should state preliminary ruling to the court, suspend the proceedings
the grounds relied upon to set it aside. to set aside to await the ruling of the court on such
Further, if the ground of the petition to set aside is that pending appeal or, in the alternative, consolidate the
the petitioner is a minor or found incompetent by a court, proceedings to set aside with the earlier appeal.
there shall be attached to the petition certified copies of Rule 12.12. Presumption in favor of confirmation. - It is
documents showing such fact. In addition, the petitioner presumed that an arbitral award was made and released
shall show that even if the submission or arbitration in due course and is subject to enforcement by the court,
agreement was entered into by a guardian or guardian unless the adverse party is able to establish a ground for
ad litem, the latter was not authorized by a competent setting aside or not enforcing an arbitral award.
court to sign such the submission or arbitration Rule 12.13. Judgment of the court. - Unless a ground to
agreement. set aside an arbitral award under Rule 12.4 above is fully
In either case, if another court was previously requested established, the court shall dismiss the petition. If, in the
to resolve and/or has resolved, on appeal, the arbitral same proceedings, there is a petition to recognize and
tribunal’s preliminary determination in favor of its own enforce the arbitral award filed in opposition to the
jurisdiction, the petitioner shall apprise the court before petition to set aside, the court shall recognize and enforce
which the petition to recognize and enforce or set aside is the award.
pending of the status of the appeal or its resolution. In resolving the petition or petition in opposition thereto
Rule 12.8. Notice. - Upon finding that the petition filed in accordance with the Special ADR Rules, the court shall
under this Rule is sufficient both in form and in either set aside or enforce the arbitral award. The court
substance, the court shall cause notice and a copy of the shall not disturb the arbitral tribunal’s determination of
petition to be delivered to the respondent directing him facts and/or interpretation of law.
to file an opposition thereto within fifteen (15) days from Rule 12.14. Costs. - Unless otherwise agreed upon by the
receipt of the petition. In lieu of an opposition, the parties in writing, at the time the case is submitted to the
respondent may file a petition to set aside in opposition court for decision, the party praying for recognition and
to a petition to recognize and enforce, or a petition to enforcement or setting aside of an arbitral award shall
recognize and enforce in opposition to a petition to set submit a statement under oath confirming the costs he
aside. has incurred only in the proceedings for such recognition
The petitioner may within fifteen (15) days from receipt of and enforcement or setting aside. The costs shall include
the petition to set aside in opposition to a petition to the attorney’s fees the party has paid or is committed to
recognize and enforce, or from receipt of the petition to pay to his counsel of record.
recognize and enforce in opposition to a petition to set The prevailing party shall be entitled to an award of costs,
aside, file a reply. which shall include reasonable attorney’s fees of the
Rule 12.9. Submission of documents. - If the court finds prevailing party against the unsuccessful party. The court
that the issue between the parties is mainly one of law, shall determine the reasonableness of the claim for
the parties may be required to submit briefs of legal attorney’s fees.
arguments, not more than fifteen (15) days from receipt
of the order, sufficiently discussing the legal issues and RULE 13: RECOGNITION AND ENFORCEMENT OF A
the legal basis for the relief prayed for by each of them.
FOREIGN ARBITRAL AWARD
If the court finds from the petition or petition in
opposition thereto that there are issues of fact relating to Rule 13.1. Who may request recognition and
the ground(s) relied upon for the court to set aside, it shall enforcement. - Any party to a foreign arbitration may
require the parties within a period of not more than petition the court to recognize and enforce a foreign
fifteen (15) days from receipt of the order simultaneously arbitral award.
to submit the affidavits of all of their witnesses and reply Rule 13.2. When to petition. - At any time after receipt of a
affidavits within ten (10) days from receipt of the affidavits foreign arbitral award, any party to arbitration may
to be replied to. There shall be attached to the affidavits petition the proper Regional Trial Court to recognize and
or reply affidavits, all documents relied upon in support of enforce such award.
the statements of fact in such affidavits or reply affidavits. Rule 13.3. Venue. - The petition to recognize and enforce a
Rule 12.10. Hearing. - If on the basis of the petition, the foreign arbitral award shall be filed, at the option of the
opposition, the affidavits and reply affidavits of the petitioner, with the Regional Trial Court (a) where the
parties, the court finds that there is a need to conduct an assets to be attached or levied upon is located, (b) where
oral hearing, the court shall set the case for hearing. This the act to be enjoined is being performed, (c) in the
case shall have preference over other cases before the principal place of business in the Philippines of any of the
court, except criminal cases. During the hearing, the parties, (d) if any of the parties is an individual, where any
affidavits of witnesses shall take the place of their direct of those individuals resides, or (e) in the National Capital
testimonies and they shall immediately be subject to Judicial Region.
cross-examination thereon. The court shall have full Rule 13.4. Governing law and grounds to refuse
control over the proceedings in order to ensure that the recognition and enforcement. - The recognition and
case is heard without undue delay. enforcement of a foreign arbitral award shall be governed
Rule 12.11. Suspension of proceedings to set aside. - The by the 1958 New York Convention on the Recognition and
court when asked to set aside an arbitral award may, Enforcement of Foreign Arbitral Awards (the "New York
where appropriate and upon request by a party, suspend Convention") and this Rule. The court may, upon grounds
the proceedings for a period of time determined by it to of comity and reciprocity, recognize and enforce a foreign
give the arbitral tribunal an opportunity to resume the arbitral award made in a country that is not a signatory to
arbitral proceedings or to take such other action as in the the New York Convention as if it were a Convention
arbitral tribunal’s opinion will eliminate the grounds for Award.
setting aside. The court, in referring the case back to the A Philippine court shall not set aside a foreign arbitral
arbitral tribunal may not direct it to revise its award in a award but may refuse it recognition and enforcement on
particular way, or to revise its findings of fact or any or all of the following grounds:
conclusions of law or otherwise encroach upon the
independence of an arbitral tribunal in the making of a a. The party making the application to refuse recognition
final award. and enforcement of the award furnishes proof that:
The court when asked to set aside an arbitral award may (i). A party to the arbitration agreement was under some
also, when the preliminary ruling of an arbitral tribunal incapacity; or the said agreement is not valid under the



law to which the parties have subjected it or, failing any nor more than thirty (30) days from receipt of the order.
indication thereof, under the law of the country where The court may, upon the request of any party, allow the
the award was made; or submission of reply affidavits within a period of not less
(ii). The party making the application was not given than fifteen (15) days nor more than thirty (30) days from
proper notice of the appointment of an arbitrator or of receipt of the order granting said request. There shall be
the arbitral proceedings or was otherwise unable to attached to the affidavits or reply affidavits all documents
present his case; or relied upon in support of the statements of fact in such
affidavits or reply affidavits.
(iii). The award deals with a dispute not contemplated by
or not falling within the terms of the submission to Rule 13.9. Hearing. - The court shall set the case for
arbitration, or contains decisions on matters beyond the hearing if on the basis of the foregoing submissions there
scope of the submission to arbitration; provided that, if is a need to do so. The court shall give due priority to
the decisions on matters submitted to arbitration can be hearings on petitions under this Rule. During the hearing,
separated from those not so submitted, only that part of the affidavits of witnesses shall take the place of their
the award which contains decisions on matters not direct testimonies and they shall immediately be subject
submitted to arbitration may be set aside; or to cross-examination. The court shall have full control over
the proceedings in order to ensure that the case is heard
(iv). The composition of the arbitral tribunal or the arbitral without undue delay.
procedure was not in accordance with the agreement of
the parties or, failing such agreement, was not in Rule 13.10. Adjournment/deferment of decision on
accordance with the law of the country where arbitration enforcement of award. - The court before which a
took place; or petition to recognize and enforce a foreign arbitral award
is pending, may adjourn or defer rendering a decision
(v). The award has not yet become binding on the parties thereon if, in the meantime, an application for the setting
or has been set aside or suspended by a court of the aside or suspension of the award has been made with a
country in which that award was made; or competent authority in the country where the award was
b. The court finds that: made. Upon application of the petitioner, the court may
also require the other party to give suitable security.
(i). The subject-matter of the dispute is not capable of
settlement or resolution by arbitration under Philippine Rule 13.11. Court action. - It is presumed that a foreign
law; or arbitral award was made and released in due course of
arbitration and is subject to enforcement by the court.
(ii). The recognition or enforcement of the award would
be contrary to public policy. The court shall recognize and enforce a foreign arbitral
award unless a ground to refuse recognition or
The court shall disregard any ground for opposing the enforcement of the foreign arbitral award under this rule
recognition and enforcement of a foreign arbitral award is fully established.
other than those enumerated above.
The decision of the court recognizing and enforcing a
Rule 13.5. Contents of petition. - The petition shall state foreign arbitral award is immediately executory.
the following:
In resolving the petition for recognition and enforcement
a. The addresses of the parties to arbitration; of a foreign arbitral award in accordance with these
b. In the absence of any indication in the award, the Special ADR Rules, the court shall either [a] recognize
country where the arbitral award was made and whether and/or enforce or [b] refuse to recognize and enforce the
such country is a signatory to the New York Convention; arbitral award. The court shall not disturb the arbitral
and tribunal’s determination of facts and/or interpretation of
law.
c. The relief sought.
Rule 13.12. Recognition and enforcement of
Apart from other submissions, the petition shall have non-convention award. - The court shall, only upon
attached to it the following: grounds provided by these Special ADR Rules, recognize
a. An authentic copy of the arbitration agreement; and and enforce a foreign arbitral award made in a country
b. An authentic copy of the arbitral award. not a signatory to the New York Convention when such
country extends comity and reciprocity to awards made
If the foreign arbitral award or agreement to arbitrate or in the Philippines. If that country does not extend comity
submission is not made in English, the petitioner shall and reciprocity to awards made in the Philippines, the
also attach to the petition a translation of these court may nevertheless treat such award as a foreign
documents into English. The translation shall be certified judgment enforceable as such under Rule 39, Section 48,
by an official or sworn translator or by a diplomatic or of the Rules of Court.
consular agent.
Rule 13.6. Notice and opposition. - Upon finding that the PART III PROVISIONS SPECIFIC TO MEDIATION
petition filed under this Rule is sufficient both in form
and in substance, the court shall cause notice and a copy
of the petition to be delivered to the respondent allowing RULE 14: GENERAL PROVISIONS
him to file an opposition thereto within thirty (30) days Rule 14.1. Application of the rules on arbitration. -
from receipt of the notice and petition. Whenever applicable and appropriate, the pertinent rules
Rule 13.7. Opposition. - The opposition shall be verified by on arbitration shall be applied in proceedings before the
a person who has personal knowledge of the facts stated court relative to a dispute subject to mediation.
therein.
Rule 13.8. Submissions. - If the court finds that the issue RULE 15: DEPOSIT AND ENFORCEMENT OF MEDIATED
between the parties is mainly one of law, the parties may SETTLEMENT AGREEMENTS
be required to submit briefs of legal arguments, not more
than thirty (30) days from receipt of the order, sufficiently Rule 15.1. Who makes a deposit. - Any party to a
discussing the legal issues and the legal bases for the mediation that is not court-annexed may deposit with
relief prayed for by each other. the court the written settlement agreement, which
resulted from that mediation.
If, from a review of the petition or opposition, there are
issues of fact relating to the ground/s relied upon for the Rule 15.2. When deposit is made. - At any time after an
court to refuse enforcement, the court shall, motu proprio agreement is reached, the written settlement agreement
or upon request of any party, require the parties to may be deposited.
simultaneously submit the affidavits of all of their Rule 15.3. Venue. - The written settlement agreement
witnesses within a period of not less than fifteen (15) days may be jointly deposited by the parties or deposited by



one party with prior notice to the other party/ies with the be through a verified motion that shall (a) contain a
Clerk of Court of the Regional Trial Court (a) where the statement showing that the dispute is a construction
principal place of business in the Philippines of any of the dispute; and (b) be accompanied by proof of the
parties is located; (b) if any of the parties is an individual, existence of the arbitration agreement.
where any of those individuals resides; or (c) in the If the arbitration agreement or other document
National Capital Judicial Region. evidencing the existence of that agreement is already
Rule 15.4. Registry Book. - The Clerk of Court of each part of the record, those documents need not be
Regional Trial Court shall keep a Registry Book that shall submitted to the court provided that the movant has
chronologically list or enroll all the mediated settlement cited in the motion particular references to the records
agreements/settlement awards that are deposited with where those documents may be found.
the court as well as the names and address of the parties The motion shall also contain a notice of hearing
thereto and the date of enrollment and shall issue a addressed to all parties and shall specify the date and
Certificate of Deposit to the party that made the deposit. time when the motion will be heard, which must not be
Rule 15.5. Enforcement of mediated settlement later than fifteen (15) days after the filing of the motion.
agreement. - Any of the parties to a mediated settlement The movant shall ensure receipt by all parties of the
agreement, which was deposited with the Clerk of Court motion at least three days before the date of the hearing.
of the Regional Trial Court, may, upon breach thereof, file Rule 17.3. Opposition. - Upon receipt of the motion to
a verified petition with the same court to enforce said refer the dispute to arbitration by CIAC, the other party
agreement. may file an opposition to the motion on or before the day
Rule 15.6. Contents of petition. - The verified petition shall: such motion is to be heard. The opposition shall clearly
a. Name and designate, as petitioner or respondent, all set forth the reasons why the court should not dismiss
parties to the mediated settlement agreement and those the case.
who may be affected by it; Rule 17.4. Hearing. - The court shall hear the motion only
b. State the following: once and for the purpose of clarifying relevant factual and
legal issues.
(i). The addresses of the petitioner and respondents; and
Rule 17.5. Court action. - If the other parties fail to file
(ii). The ultimate facts that would show that the adverse their opposition on or before the day of the hearing, the
party has defaulted to perform its obligation under said court shall motu proprio resolve the motion only on the
agreement; and basis of the facts alleged in the motion.
c. Have attached to it the following: After hearing, the court shall dismiss the civil action and
(i). An authentic copy of the mediated settlement refer the parties to arbitration if it finds, based on the
agreement; and pleadings and supporting documents submitted by the
parties, that there is a valid and enforceable arbitration
(ii). Certificate of Deposit showing that the mediated agreement involving a construction dispute. Otherwise,
settlement agreement was deposited with the Clerk of the court shall proceed to hear the case.
Court.
All doubts shall be resolved in favor of the existence of a
Rule 15.7. Opposition. - The adverse party may file an construction dispute and the arbitration agreement.
opposition, within fifteen (15) days from receipt of notice
or service of the petition, by submitting written proof of Rule 17.6. Referral immediately executory. - An order
compliance with the mediated settlement agreement or dismissing the case and referring the dispute to
such other affirmative or negative defenses it may have. arbitration by CIAC shall be immediately executory.
Rule 15.8. Court action. - After a summary hearing, if the Rule 17.7. Multiple actions and parties. - The court shall
court finds that the agreement is a valid mediated not decline to dismiss the civil action and make a referral
settlement agreement, that there is no merit in any of the to arbitration by CIAC for any of the following reasons:
affirmative or negative defenses raised, and the a. Not all of the disputes subject of the civil action may be
respondent has breached that agreement, in whole or in referred to arbitration;
part, the court shall order the enforcement thereof;
otherwise, it shall dismiss the petition. b. Not all of the parties to the civil action are bound by the
arbitration agreement and referral to arbitration would
result in multiplicity of suits;
PART IV PROVISIONS SPECIFIC TO CONSTRUCTION c. The issues raised in the civil action could be speedily
ARBITRATION and efficiently resolved in its entirety by the Court rather
than in arbitration;
RULE 16: GENERAL PROVISIONS d. Referral to arbitration does not appear to be the most
prudent action; or
Rule 16.1. Application of the rules on arbitration. -
Whenever applicable and appropriate, the rules on e. Dismissal of the civil action would prejudice the rights
arbitration shall be applied in proceedings before the of the parties to the civil action who are not bound by the
court relative to a dispute subject to construction arbitration agreement.
arbitration. The court may, however, issue an order directing the
inclusion in arbitration of those parties who are bound by
RULE 17: REFERRAL TO CIAC the arbitration agreement directly or by reference thereto
pursuant to Section 34 of Republic Act No. 9285.
Rule 17.1. Dismissal of action. - A Regional Trial Court
before which a construction dispute is filed shall, upon Furthermore, the court shall issue an order directing the
becoming aware that the parties have entered into an case to proceed with respect to the parties not bound by
arbitration agreement, motu proprio or upon motion the arbitration agreement.
made not later than the pre-trial, dismiss the case and Rule 17.8. Referral - If the parties manifest that they have
refer the parties to arbitration to be conducted by the agreed to submit all or part of their dispute pending with
Construction Industry Arbitration Commission (CIAC), the court to arbitration by CIAC, the court shall refer them
unless all parties to arbitration, assisted by their to CIAC for arbitration.
respective counsel, submit to the court a written
agreement making the court, rather than the CIAC, the
body that would exclusively resolve the dispute.
Rule 17.2. Form and contents of motion. - The request for
dismissal of the civil action and referral to arbitration shall


k. Dismissing the petition to set aside an international

PART V PROVISIONS SPECIFIC TO OTHER FORMS commercial arbitral award, even if the court does not
recognize and/or enforce the same;
OF ADR
l. Recognizing and/or enforcing, or dismissing a petition
to recognize and/or enforce an international commercial
RULE 18: GENERAL PROVISIONS arbitral award;
Rule 18.1. Applicability of rules to other forms of ADR. - m. Declining a request for assistance in taking evidence;
This rule governs the procedure for matters brought
before the court involving the following forms of ADR: n. Adjourning or deferring a ruling on a petition to set
aside, recognize and/or enforce an international
a. Early neutral evaluation; commercial arbitral award;
b. Neutral evaluation; o. Recognizing and/or enforcing a foreign arbitral award,
c. Mini-trial; or refusing recognition and/or enforcement of the same;
and
d. Mediation-arbitration;
p. Granting or dismissing a petition to enforce a
e. A combination thereof; or deposited mediated settlement agreement.
f. Any other ADR form. No motion for reconsideration shall be allowed from the
Rule 18.2. Applicability of the rules on mediation. - If the following rulings of the Regional Trial Court:
other ADR form/process is more akin to mediation (i.e., a. A prima facie determination upholding the existence,
the neutral third party merely assists the parties in validity or enforceability of an arbitration agreement
reaching a voluntary agreement), the herein rules on pursuant to Rule 3.1 (A);
mediation shall apply.
b. An order referring the dispute to arbitration;
Rule 18.3. Applicability of rules on arbitration.-If the other
ADR form/process is more akin to arbitration (i.e., the c. An order appointing an arbitrator;
neutral third party has the power to make a binding d. Any ruling on the challenge to the appointment of an
resolution of the dispute), the herein rules on arbitration arbitrator;
shall apply.
e. Any order resolving the issue of the termination of the
Rule 18.4. Referral. - If a dispute is already before a court, mandate of an arbitrator; and
either party may before and during pre-trial, file a motion
for the court to refer the parties to other ADR f. An order granting assistance in taking evidence.
forms/processes. At any time during court proceedings, Rule 19.2. When to move for reconsideration. - A motion
even after pre-trial, the parties may jointly move for for reconsideration may be filed with the Regional Trial
suspension of the action pursuant to Article 2030 of the Court within a non-extendible period of fifteen (15) days
Civil Code of the Philippines where the possibility of from receipt of the questioned ruling or order.
compromise is shown.
Rule 19.3. Contents and notice. - The motion shall be
Rule 18.5. Submission of settlement agreement. - Either made in writing stating the ground or grounds therefor
party may submit to the court, before which the case is and shall be filed with the court and served upon the
pending, any settlement agreement following a neutral other party or parties.
or an early neutral evaluation, mini-trial or
mediation-arbitration. Rule 19.4. Opposition or comment. - Upon receipt of the
motion for reconsideration, the other party or parties shall
have a non-extendible period of fifteen (15) days to file his
PART VI MOTION FOR RECONSIDERATION, APPEAL opposition or comment.
AND CERTIORARI Rule 19.5. Resolution of motion. - A motion for
reconsideration shall be resolved within thirty (30) days
from receipt of the opposition or comment or upon the
RULE 19: MOTION FOR RECONSIDERATION, APPEAL AND
expiration of the period to file such opposition or
CERTIORARI comment.
A. MOTION FOR RECONSIDERATION Rule 19.6. No second motion for reconsideration. - No
party shall be allowed a second motion for
Rule 19.1. Motion for reconsideration, when allowed. - A reconsideration.
party may ask the Regional Trial to reconsider its ruling
on the following: B. GENERAL PROVISIONS ON APPEAL AND CERTIORARI
a. That the arbitration agreement is inexistent, invalid or Rule 19.7. No appeal or certiorari on the merits of an
unenforceable pursuant to Rule 3.10 (B); arbitral award. - An agreement to refer a dispute to
b. Upholding or reversing the arbitral tribunal’s arbitration shall mean that the arbitral award shall be
jurisdiction pursuant to Rule 3.19; final and binding. Consequently, a party to an arbitration
is precluded from filing an appeal or a petition for
c. Denying a request to refer the parties to arbitration;
certiorari questioning the merits of an arbitral award.
d. Granting or denying a party an interim measure of
Rule 19.8. Subject matter and governing rules. - The
protection;
remedy of an appeal through a petition for review or the
e. Denying a petition for the appointment of an arbitrator; remedy of a special civil action of certiorari from a
f. Refusing to grant assistance in taking evidence; decision of the Regional Trial Court made under the
Special ADR Rules shall be allowed in the instances, and
g. Enjoining or refusing to enjoin a person from divulging instituted only in the manner, provided under this Rule.
confidential information;
Rule 19.9. Prohibited alternative remedies. - Where the
h. Confirming, vacating or correcting a domestic arbitral remedies of appeal and certiorari are specifically made
award; available to a party under the Special ADR Rules, recourse
i. Suspending the proceedings to set aside an to one remedy shall preclude recourse to the other.
international commercial arbitral award and referring the Rule 19.10. Rule on judicial review on arbitration in the
case back to the arbitral tribunal; Philippines. - As a general rule, the court can only vacate
j. Setting aside an international commercial arbitral or set aside the decision of an arbitral tribunal upon a
award; clear showing that the award suffers from any of the
infirmities or grounds for vacating an arbitral award


under Section 24 of Republic Act No. 876 or under Rule 34 Exemption from payment of docket and other lawful fees

of the Model Law in a domestic arbitration, or for setting and the deposit for costs may be granted by the Court of
aside an award in an international arbitration under Appeals upon a verified motion setting forth valid
Article 34 of the Model Law, or for such other grounds grounds therefor. If the Court of Appeals denies the
provided under these Special Rules. motion, the petitioner shall pay the docketing and other
If the Regional Trial Court is asked to set aside an arbitral lawful fees and deposit for costs within fifteen days from
award in a domestic or international arbitration on any the notice of the denial.
ground other than those provided in the Special ADR Rule 19.16. Contents of the Petition. - The petition for
Rules, the court shall entertain such ground for the review shall (a) state the full names of the parties to the
setting aside or non-recognition of the arbitral award only case, without impleading the court or agencies either as
if the same amounts to a violation of public policy. petitioners or respondent, (b) contain a concise
The court shall not set aside or vacate the award of the statement of the facts and issues involved and the
arbitral tribunal merely on the ground that the arbitral grounds relied upon for the review, (c) be accompanied
tribunal committed errors of fact, or of law, or of fact and by a clearly legible duplicate original or a certified true
law, as the court cannot substitute its judgment for that copy of the decision or resolution of the Regional Trial
of the arbitral tribunal. Court appealed from, together with certified true copies
of such material portions of the record referred to therein
Rule 19.11. Rule on judicial review of foreign arbitral and other supporting papers, and (d) contain a sworn
award. - The court can deny recognition and certification against forum shopping as provided in the
enforcement of a foreign arbitral award only upon the Rules of Court. The petition shall state the specific
grounds provided in Article V of the New York material dates showing that it was filed within the period
Convention, but shall have no power to vacate or set aside fixed herein.
a foreign arbitral award.
Rule 19.17. Effect of failure to comply with requirements. -
The court shall dismiss the petition if it fails to comply
C. APPEALS TO THE COURT OF APPEALS with the foregoing requirements regarding the payment
Rule 19.12. Appeal to the Court of Appeals. - An appeal to of the docket and other lawful fees, the deposit for costs,
the Court of Appeals through a petition for review under proof of service of the petition, the contents and the
this Special Rule shall only be allowed from the following documents, which should accompany the petition.
final orders of the Regional Trial Court: Rule 19.18. Action on the petition. - The Court of Appeals
a. Granting or denying an interim measure of protection; may require the respondent to file a comment on the
petition, not a motion to dismiss, within ten (10) days
b. Denying a petition for appointment of an arbitrator; from notice, or dismiss the petition if it finds, upon
c. Denying a petition for assistance in taking evidence; consideration of the grounds alleged and the legal briefs
d. Enjoining or refusing to enjoin a person from divulging submitted by the parties, that the petition does not
confidential information; appear to be prima facie meritorious.
e. Confirming, vacating or correcting/modifying a Rule 19.19. Contents of Comment. - The comment shall be

domestic arbitral award; filed within ten (10) days from notice in seven (7) legible
copies and accompanied by clearly legible certified true
f. Setting aside an international commercial arbitration copies of such material portions of the record referred to
award; therein together with other supporting papers. The
g. Dismissing the petition to set aside an international comment shall (a) point out insufficiencies or
commercial arbitration award even if the court does not inaccuracies in petitioner’s statement of facts and issues,
decide to recognize or enforce such award; and (b) state the reasons why the petition should be
denied or dismissed. A copy thereof shall be served on
h. Recognizing and/or enforcing an international the petitioner, and proof of such service shall be filed with
commercial arbitration award; the Court of Appeals.
i. Dismissing a petition to enforce an international Rule 19.20. Due course. - If upon the filing of a comment
commercial arbitration award; or such other pleading or documents as may be required
j. Recognizing and/or enforcing a foreign arbitral award; or allowed by the Court of Appeals or upon the expiration
of the period for the filing thereof, and on the basis of the
k. Refusing recognition and/or enforcement of a foreign petition or the records, the Court of Appeals finds prima
arbitral award; facie that the Regional Trial Court has committed an error
l. Granting or dismissing a petition to enforce a deposited that would warrant reversal or modification of the
mediated settlement agreement; and judgment, final order, or resolution sought to be
m. Reversing the ruling of the arbitral tribunal upholding reviewed, it may give due course to the petition;
its jurisdiction. otherwise, it shall dismiss the same.
Rule 19.13. Where to appeal. - An appeal under this Rule Rule 19.21. Transmittal of records. - Within fifteen (15) days
shall be taken to the Court of Appeals within the period from notice that the petition has been given due course,
and in the manner herein provided. the Court of Appeals may require the court or agency
concerned to transmit the original or a legible certified
Rule 19.14. When to appeal. - The petition for review shall true copy of the entire record of the proceeding under
be filed within fifteen (15) days from notice of the decision review. The record to be transmitted may be abridged by
of the Regional Trial Court or the denial of the petitioner’s agreement of all parties to the proceeding. The Court of
motion for reconsideration. Appeals may require or permit subsequent correction of
Rule 19.15. How appeal taken. - Appeal shall be taken by or addition to the record.
filing a verified petition for review in seven (7) legible Rule 19.22. Effect of appeal. - The appeal shall not stay the
copies with the Court of Appeals, with proof of service of a award, judgment, final order or resolution sought to be
copy thereof on the adverse party and on the Regional reviewed unless the Court of Appeals directs otherwise
Trial Court. The original copy of the petition intended for upon such terms as it may deem just.
the Court of Appeals shall be marked original by the
petitioner. Rule 19.23. Submission for decision. - If the petition is
given due course, the Court of Appeals may set the case
Upon the filing of the petition and unless otherwise for oral argument or require the parties to submit
prescribed by the Court of Appeals, the petitioner shall memoranda within a period of fifteen (15) days from
pay to the clerk of court of the Court of Appeals docketing notice. The case shall be deemed submitted for decision
fees and other lawful fees of P3,500.00 and deposit the upon the filing of the last pleading or memorandum
sum of P500.00 for costs. required by the Court of Appeals.


The Court of Appeals shall render judgment within sixty docket and other lawful fees and the deposit for costs
(60) days from the time the case is submitted for may be granted by the Court of Appeals upon a verified
decision. motion setting forth valid grounds therefor. If the Court of
Rule 19.24. Subject of appeal restricted in certain Appeals denies the motion, the petitioner shall pay the
instance. - If the decision of the Regional Trial Court docketing and other lawful fees and deposit for costs
refusing to recognize and/or enforce, vacating and/or within fifteen days from the notice of the denial.
setting aside an arbitral award is premised on a finding of Rule 19.28. When to file petition. - The petition must be
fact, the Court of Appeals may inquire only into such fact filed with the Court of Appeals within fifteen (15) days
to determine the existence or non-existence of the from notice of the judgment, order or resolution sought
specific ground under the arbitration laws of the to be annulled or set aside. No extension of time to file
Philippines relied upon by the Regional Trial Court to the petition shall be allowed.
refuse to recognize and/or enforce, vacate and/or set aside Rule 19.29. Arbitral tribunal a nominal party in the
an award. Any such inquiry into a question of fact shall petition. - The arbitral tribunal shall only be a nominal
not be resorted to for the purpose of substituting the party in the petition for certiorari. As nominal party, the
court’s judgment for that of the arbitral tribunal as arbitral tribunal shall not be required to submit any
regards the latter’s ruling on the merits of the pleadings or written submissions to the court. The arbitral
controversy. tribunal or an arbitrator may, however, submit such
Rule 19.25. Party appealing decision of court confirming pleadings or written submissions if the same serves the
arbitral award required to post bond. - The Court of interest of justice.
Appeals shall within fifteen (15) days from receipt of the In petitions relating to the recognition and enforcement
petition require the party appealing from the decision or of a foreign arbitral award, the arbitral tribunal shall not
a final order of the Regional Trial Court, either confirming be included even as a nominal party. However, the
or enforcing an arbitral award, or denying a petition to set tribunal may be notified of the proceedings and
aside or vacate the arbitral award to post a bond executed furnished with court processes.
in favor of the prevailing party equal to the amount of the
award. Rule 19.30. Court to dismiss petition. - The court shall
dismiss the petition if it fails to comply with Rules 19.27
Failure of the petitioner to post such bond shall be a and 19.28 above, or upon consideration of the ground
ground for the Court of Appeals to dismiss the petition. alleged and the legal briefs submitted by the parties, the
petition does not appear to be prima facie meritorious.
D. SPECIAL CIVIL ACTION FOR CERTIORARI
Rule 19.31. Order to comment. - If the petition is sufficient
Rule 19.26. Certiorari to the Court of Appeals. - When the in form and substance to justify such process, the Court of
Regional Trial Court, in making a ruling under the Special Appeals shall immediately issue an order requiring the
ADR Rules, has acted without or in excess of its respondent or respondents to comment on the petition
jurisdiction, or with grave abuse of discretion amounting within a non-extendible period of fifteen (15) days from
to lack or excess of jurisdiction, and there is no appeal or receipt of a copy thereof. Such order shall be served on
any plain, speedy, and adequate remedy in the ordinary the respondents in such manner as the court may direct,
course of law, a party may file a special civil action for together with a copy of the petition and any annexes
certiorari to annul or set aside a ruling of the Regional thereto.
Trial Court.
Rule 19.32. Arbitration may continue despite petition for
A special civil action for certiorari may be filed against the certiorari. - A petition for certiorari to the court from the
following orders of the court. action of the appointing authority or the arbitral tribunal
a. Holding that the arbitration agreement is inexistent, allowed under this Rule shall not prevent the arbitral
invalid or unenforceable; tribunal from continuing the proceedings and rendering
its award. Should the arbitral tribunal continue with the
b. Reversing the arbitral tribunal’s preliminary proceedings, the arbitral proceedings and any award
determination upholding its jurisdiction; rendered therein will be subject to the final outcome of
c. Denying the request to refer the dispute to arbitration; the pending petition for certiorari.
d. Granting or refusing an interim relief; Rule 19.33. Prohibition against injunctions. - The Court of
Appeals shall not, during the pendency of the
e. Denying a petition for the appointment of an arbitrator; proceedings before it, prohibit or enjoin the
f. Confirming, vacating or correcting a domestic arbitral commencement of arbitration, the constitution of the
award; arbitral tribunal, or the continuation of arbitration.
g. Suspending the proceedings to set aside an Rule 19.34. Proceedings after comment is filed. - After the
international commercial arbitral award and referring the comment is filed, or the time for the filing thereof has
case back to the arbitral tribunal; expired, the court shall render judgment granting the
h. Allowing a party to enforce an international relief prayed for or to which the petitioner is entitled, or
commercial arbitral award pending appeal; denying the same, within a non-extendible period of
fifteen (15) days.
i. Adjourning or deferring a ruling on whether to set aside,
recognize and or enforce an international commercial Rule 19.35. Service and enforcement of order or
arbitral award; judgment. - A certified copy of the judgment rendered in
accordance with the last preceding section shall be
j. Allowing a party to enforce a foreign arbitral award served upon the Regional Trial Court concerned in such
pending appeal; and manner as the Court of Appeals may direct, and
k. Denying a petition for assistance in taking evidence. disobedience thereto shall be punished as contempt.
Rule 19.27. Form. - The petition shall be accompanied by
E. APPEAL BY CERTIORARI TO THE SUPREME COURT
a certified true copy of the questioned judgment, order or
resolution of the Regional Trial Court, copies of all Rule 19.36. Review discretionary. - A review by the
pleadings and documents relevant and pertinent thereto, Supreme Court is not a matter of right, but of sound
and a sworn certification of non-forum shopping as judicial discretion, which will be granted only for serious
provided in the Rules of Court. and compelling reasons resulting in grave prejudice to
Upon the filing of the petition and unless otherwise the aggrieved party. The following, while neither
prescribed by the Court of Appeals, the petitioner shall controlling nor fully measuring the court's discretion,
pay to the clerk of court of the Court of Appeals docketing indicate the serious and compelling, and necessarily,
fees and other lawful fees of P3,500.00 and deposit the restrictive nature of the grounds that will warrant the
sum of P500.00 for costs. Exemption from payment of



exercise of the Supreme Court’s discretionary powers, of court of the court a quo and the requisite number of
when the Court of Appeals: plain copies thereof, and such material portions of the
a. Failed to apply the applicable standard or test for record as would support the petition; and (e) contain a
judicial review prescribed in these Special ADR Rules in sworn certification against forum shopping.
arriving at its decision resulting in substantial prejudice to Rule 19.41. Dismissal or denial of petition. - The failure of
the aggrieved party; the petitioner to comply with any of the foregoing
b. Erred in upholding a final order or decision despite the requirements regarding the payment of the docket and
lack of jurisdiction of the court that rendered such final other lawful fees, deposit for costs, proof of service of the
order or decision; petition, and the contents of and the documents which
should accompany the petition shall be sufficient ground
c. Failed to apply any provision, principle, policy or rule for the dismissal thereof.
contained in these Special ADR Rules resulting in
substantial prejudice to the aggrieved party; and The Supreme Court may on its own initiative deny the
petition on the ground that the appeal is without merit,
d. Committed an error so egregious and harmful to a or is prosecuted manifestly for delay, or that the questions
party as to amount to an undeniable excess of raised therein are too insubstantial to require
jurisdiction. consideration.
The mere fact that the petitioner disagrees with the Rule 19.42. Due course; elevation of records. - If the
Court of Appeals’ determination of questions of fact, of petition is given due course, the Supreme Court may
law or both questions of fact and law, shall not warrant require the elevation of the complete record of the case
the exercise of the Supreme Court’s discretionary power. or specified parts thereof within fifteen (15) days from
The error imputed to the Court of Appeals must be notice.
grounded upon any of the above prescribed grounds for
review or be closely analogous thereto.
PART VII FINAL PROVISIONS
A mere general allegation that the Court of Appeals has
committed serious and substantial error or that it has
acted with grave abuse of discretion resulting in RULE 20: FILING AND DEPOSIT FEES
substantial prejudice to the petitioner without indicating
with specificity the nature of such error or abuse of Rule 20.1. Filing fee in petitions or counter-petitions to
discretion and the serious prejudice suffered by the confirm or enforce, vacate or set aside arbitral award or
petitioner on account thereof, shall constitute sufficient for the enforcement of a mediated settlement
ground for the Supreme Court to dismiss outright the agreement. - The filing fee for filing a petition to confirm
petition. or enforce, vacate or set aside an arbitral award in a
domestic arbitration or in an international commercial
Rule 19.37. Filing of petition with Supreme Court. - A party arbitration, or enforce a mediated settlement agreement
desiring to appeal by certiorari from a judgment or final shall be as follows:
order or resolution of the Court of Appeals issued
pursuant to these Special ADR Rules may file with the PhP 10,000.00 - if the award does not exceed PhP
Supreme Court a verified petition for review on certiorari. 1,000,000.00
The petition shall raise only questions of law, which must PhP 20,000.00 - if the award does not exceed PhP
be distinctly set forth. 20,000,000.00
Rule 19.38. Time for filing; extension. - The petition shall PhP 30,000.00 - if the award does not exceed PhP
be filed within fifteen (15) days from notice of the 50,000,000.00
judgment or final order or resolution appealed from, or of
PhP 40,000.00 - if the award does not exceed PhP
the denial of the petitioner's motion for new trial or
100,000,000.00
reconsideration filed in due time after notice of the
judgment. PhP 50,000.00 - if the award exceeds PhP 100,000,000.00
On motion duly filed and served, with full payment of the The minimal filing fee payable in "all other actions not
docket and other lawful fees and the deposit for costs involving property" shall be paid by the petitioner
before the expiration of the reglementary period, the seeking to enforce foreign arbitral awards under the
Supreme Court may for justifiable reasons grant an New York Convention in the Philippines.
extension of thirty (30) days only within which to file the Rule 20.2. Filing fee for action to enforce as a
petition. counter-petition. - A petition to enforce an arbitral award
Rule 19.39. Docket and other lawful fees; proof of service in a domestic arbitration or in an international
of petition. - Unless he has theretofore done so or unless commercial arbitration submitted as a petition to enforce
the Supreme Court orders otherwise, the petitioner shall and/or recognize an award in opposition to a timely
pay docket and other lawful fees to the clerk of court of petition to vacate or set aside the arbitral award shall
the Supreme Court of P3,500.00 and deposit the amount require the payment of the filing fees prescribed in Rule
of P500.00 for costs at the time of the filing of the 20.1 above.
petition. Proof of service of a copy thereof on the lower Rule 20.3. Deposit fee for mediated settlement
court concerned and on the adverse party shall be agreements. - Any party to a mediated settlement
submitted together with the petition. agreement who deposits it with the clerk of court shall
Rule 19.40. Contents of petition. - The petition shall be pay a deposit fee of P500.00.
filed in eighteen (18) copies, with the original copy Rule 20.4. Filing fee for other proceedings. - The filing fee
intended for the court being indicated as such by the for the filing of any other proceedings, including
petitioner, and shall (a) state the full name of the applications for interim relief, as authorized under these
appealing party as the petitioner and the adverse party as Special Rules not covered under any of the foregoing
respondent, without impleading the lower courts or provisions, shall be P10,000.00.
judges thereof either as petitioners or respondents; (b)
indicate the material dates showing when notice of the
judgment or final order or resolution subject thereof was RULE 21: COSTS
received, when a motion for new trial or reconsideration, Rule 21.1. Costs. - The costs of the ADR proceedings shall
if any, was filed and when notice of the denial thereof was be borne by the parties equally unless otherwise agreed
received; (c) set forth concisely a statement of the matters upon or directed by the arbitrator or arbitral tribunal.
involved, and the reasons or arguments relied on for the
allowance of the petition; (d) be accompanied by a clearly Rule 21.2. On the dismissal of a petition against a ruling
legible duplicate original, or a certified true copy of the of the arbitral tribunal on a preliminary question
judgment or final order or resolution certified by the clerk upholding its jurisdiction. - If the Regional Trial Court


dismisses the petition against the ruling of the arbitral affected thereby, shall continue to be in full force and
tribunal on a preliminary question upholding its effect.
jurisdiction, it shall also order the petitioner to pay the
respondent all reasonable costs and expenses incurred in RULE 24: TRANSITORY PROVISIONS
opposing the petition. "Costs" shall include reasonable
attorney’s fees. The court shall award costs upon Rule 24.1. Transitory Provision. - Considering its
application of the respondent after the petition is denied procedural character, the Special ADR Rules shall be
and the court finds, based on proof submitted by applicable to all pending arbitration, mediation or other
respondent, that the amount of costs incurred is ADR forms covered by the ADR Act, unless the parties
reasonable. agree otherwise. The Special ADR Rules, however, may
not prejudice or impair vested rights in accordance with
Rule 21.3. On recognition and enforcement of a foreign
law.
arbitral award. - At the time the case is submitted to the
court for decision, the party praying for recognition and
enforcement of a foreign arbitral award shall submit a RULE 25: ONLINE DISPUTE RESOLUTION
statement under oath confirming the costs he has Rule 25.1. Applicability of the Special ADR Rules to Online
incurred only in the proceedings in the Philippines for Dispute Resolution. - Whenever applicable and
such recognition and enforcement or setting-aside. The appropriate, the Special ADR Rules shall govern the
costs shall include attorney’s fees the party has paid or is procedure for matters brought before the court involving
committed to pay to his counsel of record. Online Dispute Resolution.
The prevailing party shall be entitled to an award of costs Rule 25.2. Scope of Online Dispute Resolution. - Online
which shall include the reasonable attorney’s fees of the Dispute Resolution shall refer to all electronic forms of
prevailing party against the unsuccessful party. The court ADR including the use of the internet and other web or
shall determine the reasonableness of the claim for computed based technologies for facilitating ADR.
attorney’s fees.
Rule 21.4. Costs. - At the time the case is submitted to the RULE 26: EFFECTIVITY
court for decision, the party praying for confirmation or
vacation of an arbitral award shall submit a statement Rule 26.1. Effectivity. - The Special ADR Rules shall take
under oath confirming the costs he has incurred only in effect fifteen (15) days after its complete publication in
the proceedings for confirmation or vacation of an two (2) newspapers of general circulation.
arbitral award. The costs shall include the attorney’s fees
the party has paid or is committed to pay to his counsel of
record. RULE A: GUIDELINES FOR THE RESOLUTION OF
The prevailing party shall be entitled to an award of costs
ISSUES RELATED TO ARBITRATION OF LOANS
with respect to the proceedings before the court, which SECURED BY COLLATERAL
shall include the reasonable attorney’s fees of the Rule A.1. Applicability of an arbitration agreement in a
prevailing party against the unsuccessful party. The court contract of loan applies to the accessory contract
shall determine the reasonableness of the claim for securing the loan. - An arbitration agreement in a
attorney’s fees. contract of loan extends to and covers the accessory
Rule 21.5. Bill of Costs. - Unless otherwise agreed upon by contract securing the loan such as a pledge or a
the parties in writing, at the time the case is submitted to mortgage executed by the borrower in favor of the lender
the court for decision, the party praying for recognition under that contract of loan.
and enforcement or for setting aside an arbitral award Rule A.2. Foreclosure of pledge or extra-judicial
shall submit a statement under oath confirming the costs foreclosure of mortgage not precluded by arbitration. -
he has incurred only in the proceedings for such The commencement of the arbitral proceeding under the
recognition and enforcement or setting-aside. The costs contract of loan containing an arbitration agreement
shall include attorney’s fees the party has paid or is shall not preclude the lender from availing himself of the
committed to pay to his counsel of record. right to obtain satisfaction of the loan under the
The prevailing party shall be entitled to an award of costs, accessory contract by foreclosure of the thing pledged or
which shall include reasonable attorney’s fees of the by extra-judicial foreclosure of the collateral under the
prevailing party against the unsuccessful party. The court real estate mortgage in accordance with Act No. 3135.
shall determine the reasonableness of the claim for The lender may likewise institute foreclosure proceedings
attorney’s fees. against the collateral securing the loan prior to the
Rule 21.6. Government’s exemption from payment of commencement of the arbitral proceeding.
fees. - The Republic of the Philippines, its agencies and By agreeing to refer any dispute under the contract of
instrumentalities are exempt from paying legal fees loan to arbitration, the lender who is secured by an
provided in these Special ADR Rules. Local governments accessory contract of real estate mortgage shall be
and government controlled corporation with or with or deemed to have waived his right to obtain satisfaction of
without independent charters are not exempt from the loan by judicial foreclosure.
paying such fees.
Rule A.3. Remedy of the borrower against an action
taken by the lender against the collateral before the
RULE 22: APPLICABILITY OF THE RULES OF COURT constitution of the arbitral tribunal. - The borrower
Rule 22.1. Applicability of Rules of Court. - The provisions providing security for the payment of his loan who is
of the Rules of Court that are applicable to the aggrieved by the action taken by the lender against the
proceedings enumerated in Rule 1.1 of these Special ADR collateral securing the loan may, if such action against
Rules have either been included and incorporated in the collateral is taken before the arbitral tribunal is
these Special ADR Rules or specifically referred to herein. constituted, apply with the appropriate court for interim
relief against any such action of the lender. Such interim
In connection with the above proceedings, the Rules of relief may be obtained only in a special proceeding for
Evidence shall be liberally construed to achieve the that purpose, against the action taken by the lender
objectives of the Special ADR Rules. against the collateral, pending the constitution of the
arbitral tribunal. Any determination made by the court in
RULE 23: SEPARABILITY that special proceeding pertaining to the merits of the
controversy, including the right of the lender to proceed
Rule 23.1. Separability Clause. - If, for any reason, any part against the collateral, shall be only provisional in nature.
of the Special ADR Rules shall be held unconstitutional or
invalid, other Rules or provisions hereof which are not


After the arbitral tribunal is constituted, the court shall multi-party arbitration, if the borrower and the third party
stay its proceedings and defer to the jurisdiction of the securing the loan agree to designate a common
arbitral tribunal over the entire controversy including any arbitrator, arbitration shall be decided by a panel of three
question regarding the right of the lender to proceed arbitrators: one to be designated by the lender; the other
against the collateral. to be designated jointly by the borrower and the provider
Rule A.4. Remedy of borrower against action taken by of security who have agreed to designate the same
the lender against the collateral after the arbitral arbitrator; and a third arbitrator who shall serve as the
tribunal has been constituted. - After the arbitral tribunal chairperson of the arbitral panel to be designated by the
is constituted, the borrower providing security for the two party-designated arbitrators.
payment of his loan who is aggrieved by the action taken
by the lender against the collateral securing the loan may
apply to the arbitral tribunal for relief, including a claim A.M. No. 12-8-8-SC | JUDICIAL AFFIDAVIT
for damages, against such action of the lender. An RULE
application to the court may also be made by the

borrower against any action taken by the lender against
the collateral securing the loan but only if the arbitral September 4, 2012
tribunal cannot act effectively to prevent an irreparable
injury to the rights of such borrower during the pendency
of the arbitral proceeding. Whereas, case congestion and delays plague most courts
in cities, given the huge volume of cases filed each year
An arbitration agreement in a contract of loan precludes and the slow and cumbersome adversarial system that
the borrower therein providing security for the loan from the judiciary has in place;
filing and/or proceeding with any action in court to
prevent the lender from foreclosing the pledge or Whereas, about 40% of criminal cases are dismissed
extra-judicially foreclosing the mortgage. If any such annually owing to the fact that complainants simply give
action is filed in court, the lender shall have the right up con1ing to court after repeated postponements;
provided in the Special ADR Rules to have such action Whereas, few foreign businessmen make long-term
stayed on account of the arbitration agreement. investments in the Philippines because its courts are
Rule A.5. Relief that may be granted by the arbitral unable to provide ample and speedy protection to their
tribunal. - The arbitral tribunal, in aid of the arbitral investments, keeping its people poor;
proceeding before it, may upon submission of adequate Whereas, in order to reduce the time needed for
security, suspend or enjoin the lender from proceeding completing the testimonies of witnesses in cases under
against the collateral securing the loan pending final litigation, on February 21, 2012 the Supreme Court
determination by the arbitral tribunal of the dispute approved for piloting by trial courts in Quezon City the
brought to it for decision under such contract of loan. compulsory use of judicial affidavits in place of the direct
The arbitral tribunal shall have the authority to resolve the testimonies of witnesses;
issue of the validity of the foreclosure of the thing Whereas, it is reported that such piloting has quickly
pledged or of the extrajudicial foreclosure of the collateral resulted in reducing by about two-thirds the time used
under the real estate mortgage if the same has not yet for presenting the testimonies of witnesses, thus
been foreclosed or confirm the validity of such foreclosure speeding up the hearing and adjudication of cases;
if made before the rendition of the arbitral award and had
not been enjoined. Whereas, the Supreme Court Committee on the Revision
of the Rules of Court, headed by Senior Associate Justice
Rule A.6. Arbitration involving a third-party provider of Antonio T. Carpio, and the Sub-Committee on the
security. - An arbitration agreement contained in a Revision of the Rules on Civil Procedure, headed by
contract of loan between the lender and the borrower Associate Justice Roberto A. Abad, have recommended
extends to and covers an accessory contract securing the for adoption a Judicial Affidavit Rule that will replicate
loan, such as a pledge, mortgage, guaranty or suretyship, nationwide the success of the Quezon City experience in
executed by a person other than the borrower only if such the use of judicial affidavits; and
third-party securing the loan has agreed in the accessory
contract, either directly or by reference, to be bound by Whereas, the Supreme Court En Banc finds merit in the
such arbitration agreement. recommendation;
Unless otherwise expressly agreed upon by the NOW, THEREFORE, the Supreme Court En Banc hereby
third-party securing the loan, his agreement to be bound issues and promulgates the following:
by the arbitration agreement in the contract of loan shall Section 1. Scope. - (a) This Rule shall apply to all actions,
pertain to disputes arising from or in connection with the proceedings, and incidents requiring the reception of
relationship between the lender and the borrower as well evidence before:
as the relationship between the lender and such
(1) The Metropolitan Trial Courts, the Municipal Trial
third-party including the right of the lender to proceed
Courts in Cities, the Municipal Trial Courts, the Municipal
against the collateral securing the loan, but shall exclude
Circuit Trial Courts, and the Shari'a Circuit Courts but shall
disputes pertaining to the relationship exclusively
not apply to small claims cases under A.M. 08-8-7-SC;
between the borrower and the provider of security such
as that involving a claim by the provider of security for (2) The Regional Trial Courts and the Shari'a District
indemnification against the borrower. Courts;
In this multi-party arbitration among the lender, the (3) The Sandiganbayan, the Court of Tax Appeals, the
borrower and the third party securing the loan, the Court of Appeals, and the Shari'a Appellate Courts;
parties may agree to submit to arbitration before a sole (4) The investigating officers and bodies authorized by
arbitrator or a panel of three arbitrators to be appointed the Supreme Court to receive evidence, including the
either by an Appointing Authority designated by the Integrated Bar of the Philippine (IBP); and
parties in the arbitration agreement or by a default
Appointing Authority under the law. (5) The special courts and quasi-judicial bodies, whose
rules of procedure are subject to disapproval of the
In default of an agreement on the manner of appointing Supreme Court, insofar as their existing rules of
arbitrators or of constituting the arbitral tribunal in such procedure contravene the provisions of this Rule.1
multi-party arbitration, the dispute shall be resolved by a
panel of three arbitrators to be designated by the (b) For the purpose of brevity, the above courts,
Appointing Authority under the law. But even in default quasi-judicial bodies, or investigating officers shall be
of an agreement on the manner of appointing an uniformly referred to here as the "court."
arbitrator or constituting an arbitral tribunal in a


Section 2. Submission of Judicial Affidavits and Exhibits unjustifiably declines to execute a judicial affidavit or
in lieu of direct testimonies. - (a) The parties shall file with refuses without just cause to make the relevant books,
the court and serve on the adverse party, personally or by documents, or other things under his control available for
licensed courier service, not later than five days before copying, authentication, and eventual production in
pre-trial or preliminary conference or the scheduled court, the requesting party may avail himself of the
hearing with respect to motions and incidents, the issuance of a subpoena ad testificandum or duces tecum
following: under Rule 21 of the Rules of Court. The rules governing
(1) The judicial affidavits of their witnesses, which shall the issuance of a subpoena to the witness in this case
take the place of such witnesses' direct testimonies; and shall be the same as when taking his deposition except
that the taking of a judicial affidavit shall be understood
(2) The parties' documentary or object evidence, if any, to be ex parte.
which shall be attached to the judicial affidavits and
marked as Exhibits A, B, C, and so on in the case of the Section 6. Offer of and objections to testimony in judicial
complainant or the plaintiff, and as Exhibits 1, 2, 3, and so affidavit. - The party presenting the judicial affidavit of his
on in the case of the respondent or the defendant. witness in place of direct testimony shall state the
purpose of such testimony at the start of the presentation
(b) Should a party or a witness desire to keep the original of the witness. The adverse party may move to disqualify
document or object evidence in his possession, he may, the witness or to strike out his affidavit or any of the
after the same has been identified, marked as exhibit, answers found in it on ground of inadmissibility. The court
and authenticated, warrant in his judicial affidavit that shall promptly rule on the motion and, if granted, shall
the copy or reproduction attached to such affidavit is a cause the marking of any excluded answer by placing it in
faithful copy or reproduction of that original. In addition, brackets under the initials of an authorized court
the party or witness shall bring the original document or personnel, without prejudice to a tender of excluded
object evidence for comparison during the preliminary evidence under Section 40 of Rule 132 of the Rules of
conference with the attached copy, reproduction, or Court.
pictures, failing which the latter shall not be admitted.
Section 7. Examination of the witness on his judicial
This is without prejudice to the introduction of secondary affidavit. - The adverse party shall have the right to
evidence in place of the original when allowed by existing cross-examine the witness on his judicial affidavit and on
rules. the exhibits attached to the same. The party who
Section 3. Contents of judicial Affidavit. - A judicial presents the witness may also examine him as on
affidavit shall be prepared in the language known to the re-direct. In every case, the court shall take active part in
witness and, if not in English or Filipino, accompanied by examining the witness to determine his credibility as well
a translation in English or Filipino, and shall contain the as the truth of his testimony and to elicit the answers that
following: it needs for resolving the issues.
(a) The name, age, residence or business address, and Section 8. Oral offer of and objections to exhibits. - (a)
occupation of the witness; Upon the termination of the testimony of his last witness,
a party shall immediately make an oral offer of evidence
(b) The name and address of the lawyer who conducts or of his documentary or object exhibits, piece by piece, in
supervises the examination of the witness and the place their chronological order, stating the purpose or purposes
where the examination is being held; for which he offers the particular exhibit.
(c) A statement that the witness is answering the (b) After each piece of exhibit is offered, the adverse party
questions asked of him, fully conscious that he does so shall state the legal ground for his objection, if any, to its
under oath, and that he may face criminal liability for admission, and the court shall immediately make its
false testimony or perjury; ruling respecting that exhibit.
(d) Questions asked of the witness and his corresponding (c) Since the documentary or object exhibits form part of
answers, consecutively numbered, that: the judicial affidavits that describe and authenticate
(1) Show the circumstances under which the witness them, it is sufficient that such exhibits are simply cited by
acquired the facts upon which he testifies; their markings during the offers, the objections, and the
rulings, dispensing with the description of each exhibit.
(2) Elicit from him those facts which are relevant to the
issues that the case presents; and Section 9. Application of rule to criminal actions. - (a) This
rule shall apply to all criminal actions:
(3) Identify the attached documentary and object
evidence and establish their authenticity in accordance (1) Where the maximum of the imposable penalty does
with the Rules of Court; not exceed six years;
(e) The signature of the witness over his printed name; (2) Where the accused agrees to the use of judicial
and affidavits, irrespective of the penalty involved; or
(f) A jurat with the signature of the notary public who (3) With respect to the civil aspect of the actions,
administers the oath or an officer who is authorized by whatever the penalties involved are.
law to administer the same. (b) The prosecution shall submit the judicial affidavits of
Section 4. Sworn attestation of the lawyer. - (a) The its witnesses not later than five days before the pre-trial,
judicial affidavit shall contain a sworn attestation at the serving copies if the same upon the accused. The
end, executed by the lawyer who conducted or complainant or public prosecutor shall attach to the
supervised the examination of the witness, to the effect affidavits such documentary or object evidence as he
that: may have, marking them as Exhibits A, B, C, and so on. No
further judicial affidavit, documentary, or object evidence
(1) He faithfully recorded or caused to be recorded the shall be admitted at the trial.
questions he asked and the corresponding answers that
the witness gave; and (c) If the accused desires to be heard on his defense after
receipt of the judicial affidavits of the prosecution, he
(2) Neither he nor any other person then present or shall have the option to submit his judicial affidavit as
assisting him coached the witness regarding the latter's well as those of his witnesses to the court within ten days
answers. from receipt of such affidavits and serve a copy of each
(b) A false attestation shall subject the lawyer mentioned on the public and private prosecutor, including his
to disciplinary action, including disbarment. documentary and object evidence previously marked as
Section 5. Subpoena. - If the government employee or Exhibits 1, 2, 3, and so on. These affidavits shall serve as
official, or the requested witness, who is neither the direct testimonies of the accused and his witnesses when
witness of the adverse party nor a hostile witness, they appear before the court to testify.


Section 10. Effect of non-compliance with the judicial

Affidavit Rule. - (a) A party who fails to submit the
required judicial affidavits and exhibits on time shall be
deemed to have waived their submission. The court may,
however, allow only once the late submission of the same
provided, the delay is for a valid reason, would not unduly
prejudice the opposing party, and the defaulting party
pays a fine of not less than P 1,000.00 nor more than P
5,000.00 at the discretion of the court.
(b) The court shall not consider the affidavit of any
witness who fails to appear at the scheduled hearing of
the case as required. Counsel who fails to appear without
valid cause despite notice shall be deemed to have
waived his client's right to confront by cross-examination
the witnesses there present.
(c) The court shall not admit as evidence judicial affidavits
that do not conform to the content requirements of
Section 3 and the attestation requirement of Section 4
above. The court may, however, allow only once the
subsequent submission of the compliant replacement
affidavits before the hearing or trial provided the delay is
for a valid reason and would not unduly prejudice the
opposing party and provided further, that public or
private counsel responsible for their preparation and
submission pays a fine of not less than P 1,000.00 nor
more than P 5,000.00, at the discretion of the court.
Section 11. Repeal or modification of inconsistent rules. -
The provisions of the Rules of Court and the rules of
procedure governing investigating officers and bodies
authorized by the Supreme Court to receive evidence are
repealed or modified insofar as these are inconsistent
with the provisions of this Rule.
The rules of procedure governing quasi-judicial bodies
inconsistent herewith are hereby disapproved.
Section 12. Effectivity. - This rule shall take effect on
January 1, 2013 following its publication in two
newspapers of general circulation not later than
September 15, 2012. It shall also apply to existing cases.
Manila, September 4, 2012.


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RULES OF COURT RULE 21 Subpoena

© Compiled by Rehne Gibb N. Larena | JD-2 | University of San Carlos

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3. Admissions and Confessions 92 RULE 2 Nature of Proceedings 151

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RULE 22: APPLICABILITY OF THE RULES OF

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Section 10. Service upon minors and incompetents. — Section 19. Proof of service by publication. — If the service

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the order of reference and shall notify the parties or their the material facts alleged in the complaint shall always be

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