1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) PER RESOLUTION OF THE SUPREME COURT IN BAR MATTER

NO. 803 ADOPTED IN BAGUIO CIT ON APRIL 8, 1997 RULES OF COURT Pursuant to the provisions of section 5(5) of Article VIII of the Constitution, the Supreme Court hereby adopts and promulgates the follo ing rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of la , the Integrated !ar, and legal assistance to the underprivileged" RULE 1 GENERAL PROVISIONS SECTION 1. Title of the Rules.# $hese% &ules shall be 'no n and cited as the &ules of Court% (() SEC. !. In what courts applicable. # $hese &ules shall apply in all the courts, e)cept as other ise provided by the Supreme Court% (n) SEC. 3. Cases governed.# $hese &ules shall govern the procedure to be observed in actions, civil or criminal, and special proceedings% (a) A civil action is one by hich a party sues another for the enforcement or protection of a right, or the prevention or redress of a rong% ((a, &*) A civil action may either be ordinary or special% !oth are governed by the rules for ordinary civil actions, sub+ect to the specific rules prescribed for a special civil action% (n) (b) A criminal action is one by hich the State prosecutes a person for an act or omission punishable by la % (n) (c) A special proceeding is a remedy by hich a party see's to establish a status, a right, or a particular fact% (*a, &*) SEC. ". In what cases not applicable.# $hese &ules shall not apply to election cases, land registration cadastral, naturali,ation and insolvency proceedings, and other cases not herein provided for, e)cept by analogy or in a suppletory character and henever practicable and convenient% (&(-.a) SEC. #. Commencement of action.# A civil action is commenced by the filing of the original complaint in court% If an additional defendant is impleaded in a later pleading, the action is commenced ith regard to him on the date of the filing of such later pleading, irrespective of hether the motion for its admission, if necessary, is denied by the court% (/a) SEC. $. Construction.# $hese &ules shall be liberally construed in order to promote their ob+ective of securing a +ust, speedy and ine)pensive disposition of every action and proceeding% (*a) CIVIL ACTIONS ORDINAR CIVIL ACTIONS RULE ! CAUSE OF ACTION SECTION 1. Ordinary civil actions, basis of.# 0very ordinary civil action must be based on a cause of action% (n) SEC. !. Cause of action, defined.# A cause of action is the act or omission by hich a party violates a right of another% (n) SEC. 3. One suit for a single cause of action.# A party may not institute more than one suit for a single cause of action% (.a) SEC. ". Splitting a single cause of action; effect of.# If t o or more suits are instituted on the basis of the same cause

of action, the filing of one or a +udgment upon the merits in any one is available as a ground for the dismissal of the others% (-a) SEC. #. oinder of causes of action.# A party may in one pleading assert, in the alternative or other ise, as many causes of action as he may have against an opposing party, sub+ect to the follo ing conditions" (a) $he party +oining the causes of action shall comply ith the rules on +oinder of parties1 (b) $he +oinder shall not include special civil actions or actions governed by special rules1 (c) 2here the causes of action are bet een the same parties but pertain to different venues or +urisdictions, the +oinder may be allo ed in the &egional $rial Court provided one of the causes of action falls ithin the +urisdiction of said court and the venue lies therein1 and (d) 2here the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of +urisdiction% (5a) SEC. $. !is"oinder of causes of action.# 3is+oinder of causes of action is not a ground for dismissal of an action% A mis+oined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded ith separately% (n) RULE 3 PARTIES TO CIVIL ACTIONS SECTION 1. #ho may be parties; plaintiff and defendant.# 4nly natural or +uridical persons, or entities authori,ed by la may be parties in a civil action% $he term 5plaintiff6 may refer to the claiming party, the counter7claimant, the cross7 claimant, or the third (fourth, etc%)#party plaintiff% $he term 8defendant8 may refer to original defending party, the defendant in a counterclaim, the cross7defendant, or the third (fourth etc%)#party defendant% ((a)% SEC. !. $arties in interest.# A real party in interest is the party ho stands to be benefited or in+ured by the +udgment in the suit, or the party entitled to the avails of the suit% 9nless other ise authori,ed by la or these &ules, every action must be prosecuted or defended in the name of the real party in interest% (*a) SEC. 3. Representatives as parties.# 2here the action is allo ed to be prosecuted or defended by a representative or someone acting in a fiduciary capacity, the beneficiary shall be included in the title of the case and shall be deemed to be the real party in interest% A representative may be a trustee of an e)press trust, a guardian, an e)ecutor or administrator, or a party authori,ed by la or these &ules% An agent acting in his o n name and for the benefit of an undisclosed principal may sue or be sued ithout +oining the principal e)cept hen the contract involves things belonging to the principal% (.a) SEC. ". Spouses as parties.# :usband and ife shall sue or be sued +ointly, e)cept as provided by la % (-a) SEC. #. !inor or incompetent persons.# A minor or a person alleged to be incompetent, may sue or be sued, assistance of his father, mother, guardian, or if he has none, a guardian ad litem% (5a) ith the

SEC. $. $ermissive "oinder of parties.# All persons in hom or against hom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to e)ist, hether +ointly, severally, or in the alternative, may, e)cept as other ise provided in these &ules, +oin as plaintiffs or be +oined as defendants in one complaint, here any ;uestion of la or fact common to %all such plaintiffs or to all such defendants may arise in the action1 but the court may ma'e such orders as may be +ust to prevent any plaintiff or defendant from being embarrassed or put to e)pense in connection ith any proceedings in hich he may have no interest% (/) SEC. 7. Compulsory "oinder of indispensable parties. # Parties in interest had of an action shall be +oined either as plaintiffs or defendants% (<) ithout hom no final determination can be

SEC. 8. %ecessary party.# A necessary party is one ho is not indispensable but ho ought to be +oined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim sub+ect of the action% (=a) SEC. 9. %on&"oinder of necessary parties to be pleaded.# 2henever in any pleading in hich a claim is asserted a necessary party is not +oined, the pleader shall set forth his name, if 'no n, and shall state hy he is omitted% Should the

court find the reason for the omission unmeritorious, it may order the inclusion of the omitted necessary party if +urisdiction over his person may be obtained% $he failure to comply ith the order for his inclusion, against such party% ithout +ustifiable cause, shall be deemed a aiver of the claim

$he non7inclusion of a necessary party does not prevent the court from proceeding in the action, and the +udgment rendered therein shall be ithout pre+udice to the rights of such necessary party% (=a, >a) SEC. 10. 'nwilling co&plaintiff. # If the consent of any party ho should be +oined as plaintiff can not be obtained, he may be made a defendant and the reason therefor shall be stated in the complaint% ((?) SEC. 11. !is"oinder and non&"oinder of parties.# @either mis+oinder nor non7+oinder of parties is ground or dismissal of an action% Parties may be dropped or added by order of the court on motion of any party or on its o n initiative at any stage of the action and on such terms as are +ust% Any claim against a mis+oined party may be severed and proceeded ith separately% (((a) SEC. 1!. Class suit.# 2hen the sub+ect matter of the controversy is one of common or general interest to many persons so numerous that it is impracticable to +oin all as parties, a number of them hich the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all% Any party in interest shall have the right to intervene to protect his individual interest% ((*a) SEC. 13. (lternative defendants.# 2here the plaintiff is uncertain against ho of several persons he is entitled to relief, he may +oin any or all of them as defendants in the alternative, although a right to relief against one may be inconsistent ith a right of relief against the other% ((.a) SEC. 1". 'n)nown identity or name of defendant. # 2henever the identity or name of a defendant is un'no n, he may be sued as the un'no n o ner, heir, devisee, or by such other designation as the case may re;uire1 hen his identity or true name is discovered, the pleading must be amended accordingly% ((-) SEC. 1#. *ntity without "uridical personality as defendant.# 2hen t o or more persons not organi,ed as an entity ith +uridical personality enter into a transaction, they may be sued under the name by hich they are generally or commonly 'no n% In the ans er of such defendant, the names and addresses of the persons composing said entity must all be revealed% ((5a) SEC 1$. +eath of party; duty of counsel# 2henever a party to a pending action dies, and the claim is not thereby e)tinguished, it shall be the duty of his counsel to inform the court ithin thirty (.?) days after such death of the fact thereof, and to give the name and address of his legal representative or representatives% Aailure of counsel to comply ith this duty shall be a ground for disciplinary action% $he heirs of the deceased may be allo ed to be substituted for the deceased, ithout re;uiring the appointment of an e)ecutor or administrator and the court may appoint a guardian ad litem for the minor heirs% $he court shall forth ith order said legal representative or representatives to appear and be substituted ithin a period of thirty (.?) days from notice% If no legal representative is named by the counsel for the deceased party, or if the one so named shall fail to appear ithin the specified period, the court may order the opposing party, ithin a specified time, to procure the appointment of an e)ecutor or administrator for the estate of the deceased and the latter shall immediately appear for and on behalf of the deceased% $he court charges in procuring such appointment, if defrayed by the opposing party, may be recovered as costs% ((/a, (<a) SEC. 17. +eath or separation of a party who is a public officer. # 2hen a public officer is a party in an action in his official capacity and during its pendency dies, resigns, or other ise ceases to hold office, the action may be continued and maintained by or against his successor if, ithin thirty (.?) days after the successor ta'es office or such time as may be granted by the court, it is satisfactorily sho n to the court by any party that there is a substantial need for continuing or maintaining it and that the successor adopts or continues or threatens to adopt or continue the action of his predecessor% !efore a substitution is made, the party or officer to be affected, unless e)pressly assenting thereto, shall be given reasonable notice of the application therefor and accorded an opportunity to be heard% ((=a)

SEC. 18. Incompetency or incapacity.# If a party becomes incompetent or incapacitated, the court, upon motion ith notice, may allo the action to be continued by or against the incompetent incapacitated person assisted by his legal guardian or guardian ad litem% ((>a) SEC. 19. Transfer of interest.# In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to hom the interest is transferred to be substituted in the action or +oined ith the original party% (*?) SEC. !0. (ction on contractual money claims.# 2hen the action is for recovery of money arising from contract, e)press or implied, and the defendant dies before entry of final +udgment in the court in hich the action as pending at the time of such death, it shall not be dismissed but shall instead be allo ed to continue until entry of final +udgment% A favorable +udgment obtained by the plaintiff therein shall be enforced in the manner especially provided in these &ules for prosecuting claims against the estate of a deceased person% (*(a) SEC. !1. Indigent party.# A party may be authori,ed to litigate his action, claim or defense as an indigent if the court, upon an e) parte application and hearing, is satisfied that the party is one ho has no money or property sufficient and available for food, shelter and basic necessities for himself and his family% Such authority shall include an e)emption from payment of doc'et and other la ful fees, and of transcripts of stenographic notes hich the court may order to be furnished him% $he amount of the doc'et and other la ful fees hich the indigent as e)empted from paying shall be a lien on any +udgment rendered in the case favorable to the indigent, unless the court other ise provides% Any adverse party may contest the grant of such authority at any time before +udgment is rendered by the trial court% If the court should determine after hearing that the party declared as an indigent is in fact a person ith sufficient income or property, the proper doc'et and other la ful fees shall be assesed and collected by the cler' of court% If payment is not made ithin the time fi)ed by the court, e)ecution shall issue or the payment thereof, ithout pre+udice to such other sanctions as the court may impose% (**a) SEC !!. %otice to the Solicitor ,eneral.# In any action involving the validity of any treaty, la , ordinance, e)ecutive order, presidential decree, rules or regulations, the court, in its discretion, may re;uire the appearance of the Solicitor Beneral ho may be heard in person or through a representative duly designated by him% (*.a RULE " VENUE OF ACTIONS SECTION 1. -enue of real actions.# Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court hich has +urisdiction over the area herein the real property involved, or a portion thereof, is situated% Aorcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or city herein the real property involved, or a portion thereof, is situated% ((CaD, *CaDa) SEC. !. -enue of personal actions.# All other actions may be commenced and tried here the plaintiff or any of the principal plaintiffs resides, or here the defendant or any of the principal defendants resides, or in the case of a non7 resident defendant here he may be found, at the election of the plaintiff% (*CbDa) SEC. 3. -enue of actions against nonresidents # If any of the defendants does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff, or any property of said defendant located in the Philippines, the action may be commenced and tried in the court of the place here the plaintiff resides here the property or any portion thereof is situated or found% (*CcDa) SEC. ". #hen Rule not applicable.# $his &ule shall not apply7 (a) In those cases here a specific rule or la (b) 2here the parties have validly agreed in RULE # provides other ise1 or riting before the filing of the action on the e)clusive venue thereof% (.a, 5a)

UNIFORM PROCEDURE IN TRIAL COURTS SECTION 1. 'niform procedure.# $he procedure in the 3unicipal $rial Courts shall be the same as in the &egional $rial Courts, e)cept (a) here a particular provision e)pressly or impliedly applies only to either of said courts, or (b) in civil cases governed by the &ule on Summary Procedure% (n) SEC. !. !eaning of terms.# $he term 83unicipal $rial Courts8 as used in these &ules shall include 3etropolitan $rial Courts, 3unicipal $rial Courts in Cities, 3unicipal $rial Courts, and 3unicipal Circuit $rial Courts% ((a) PROCEDURE IN REGIONAL TRIAL COURTS RULE $ %INDS OF PLEADINGS SECTION 1. $leadings defined.# Pleadings are the ritten statements of the respective claims and defenses of the parties submitted to the court for appropriate +udgment% ((a) SEC. !. $leadings allowed.# $he claims of a party are asserted in a complaint, counterclaim, cross7claim, third (fourth, etc%)7party complaint, or complaint7in7intervention% $he defenses of a party are alleged in the ans er to the pleading asserting a claim against him% An ans er may be responded to by a reply% (n) SEC. 3. Complaint.# $he complaint is the pleading alleging the plaintiffs cause or causes of action% $he names and residences of the plaintiff and defendant must be stated in the complaint% (.a) SEC. ". (nswer.# An ans er is a pleading in hich a defending party sets forth his defenses% (-a)

SEC. #. +efenses.# Eefenses may either be negative or affirmative% (a) A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action% (b) An affirmative defense is an allegation of a ne matter hich, hile hypothetically admitting the material allegations in the pleading of the claimant, ould nevertheless prevent or bar recovery by him% $he affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in ban'ruptcy, and any other matter by ay of confession and avoidance% (5a) SEC. $. Counterclaim.# A counterclaim is any claim hich a defending party may have against an opposing party% (/a) SEC. 7. Compulsory counterclaim.# A compulsory counterclaim is one hich, being cogni,able by the regular courts of +ustice, arises out of or is connected ith the transaction or occurrence constituting the sub+ect matter of the opposing partyFs claim and does not re;uire for its ad+udication the presence of third parties of hom the court cannot ac;uire +urisdiction% Such a counterclaim must be ithin the +urisdiction of the court both as to the amount and the nature thereof, e)cept that in an original action before the &egional $rial Court, the counterclaim may be considered compulsory regardless of the amount% (n) SEC. 8. Cross&claim.# A cross7claim is any claim by one party against a co7party arising out of the transaction or occurrence that is the sub+ect matter either of the original action or of a counterclaim therein% Such cross7claim may include a claim that the party against hom it is asserted is or may be liable to the cross7claimant for all or part of a claim asserted in the action against the cross7claimant% (<) SEC. 9. Counter&counterclaims and counter&cross&claims.# A counterclaim may be asserted against an original counter7claimant% A cross7claim may also be filed against an original cross7claimant% (n) SEC. 10. Reply.# A reply is a pleading, the office or function of hich is to deny, or allege facts in denial or avoidance of ne matters alleged by ay of defense in the ans er and thereby +oin or ma'e issue as to such ne matters% If a party does not file such reply, all the ne matters alleged in the ans er are deemed controverted%

If the plaintiff ishes to interpose any claims arising out of the ne matters so alleged, such claims shall be set forth in an amended or supplemental complaint% ((() SEC. 11. Third, .fourth, etc./0party complaint.0 ( third .fourth, etc./ # party complaint is a claim that a defending party may, ith leave of court, file against a person not a party to the action, called the third (fourth, etc%) #party defendant, for contribution, indemnity, subrogation or any other relief, in respect of his opponentFs claim% ((*a) SEC. 1!. 1ringing new parties.# 2hen the presence of parties other than those to the original action is re;uired for the granting of complete relief in the determination of a counterclaim or cross7claim, the court shall order them to be brought in as defendants, if +urisdiction over them can be obtained% ((-) SEC. 13. (nswer to third .fourth, etc./0 party complaint0 ( third .fourth, etc./ # party defendant may allege in his ans er his defenses, counterclaims or cross7claims, including such defenses that the third (fourth, etc%) #party plaintiff may have against the original plaintiffs claim% In proper cases, he may also assert a counterclaim against the original plaintiff in respect of the latterFs claim against the third7party plaintiff% (n) RULE 7 PARTS OF A PLEADING SECTION 1. Caption.# $he caption sets forth the name of the court, the title of the action, and the doc'et number if assigned% $he title of the action indicates the names of the parties% $hey shall all be named in the original complaint or petition1 but in subse;uent pleadings, it shall be sufficient if the name of the first party on each side be stated ith an appropriate indication hen there are other parties% $heir respective participation in the case shall be indicated% ((a, *a) SEC. !. The body.# $he body of the pleading sets forth its designation, the allegations of the partyFs claims or defenses, the relief prayed for, and the date of the pleading% (n) (a) $aragraphs. # $he allegations in the body of a pleading shall be divided into paragraphs so numbered as to be readily identified, each of hich shall contain a statement of a single set of circumstances so far as that can be done convenience% A paragraph may be referred to by its number in all succeeding pleadings% (.a) ith

(b) 2eadings.# 2hen t o or more causes of action are +oined, the statement of the first shall be prefaced by the ords 5first cause of action,8 of the second by 8second cause of action,8 and so on for the others% 2hen one or more paragraphs in the ans er are addressed to one of several causes of action in the complaint, they shall be prefaced by the ords 8ans er to the first cause of action8 or 8ans er to the second cause of action8 and so on1 and hen one or more paragraphs of the ans er are addressed to several causes of action, they shall be prefaced by ords to that effect% (-) (c) Relief.# $he pleading shall specify the relief sought, but it may add a general prayer for such further or other relief as may be deemed +ust or e;uitable% (.a, &/) (d) +ate.# 0very pleading shall be dated% (n) SEC. 3. Signature and address.# 0very pleading must be signed by the party or counsel representing him, stating in either case his address hich should not be a post office bo)% $he signature of counsel constitutes a certificate by him that he has read the pleading1 that to the best of his 'no ledge, information, and belief there is good ground to support it1 and that it is not interposed for delay% An unsigned pleading produces no legal effect% :o ever, the court may, in its discretion, allo such deficiency to be remedied if it shall appear that the same as due to mere inadvertence and not intended for delay% Counsel ho deliberately files an unsigned pleading, or signs a pleading in violation of this &ule, or alleges scandalous or indecent matter therein, or fails to promptly report to the court a change of his address, shall be sub+ect to appropriate disciplinary action% (5a)

SEC. ". -erification.# 0)cept hen other ise specifically re;uired by la verified or accompanied by affidavit% (5a)

or rule, pleadings need not be under oath,

A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his 'no ledge and belief% A pleading re;uired to be verified hich contains a based on 5information and belief,8 or upon 5'no ledge, information and belief,8 or lac's a proper verification, shall be treated as an unsigned pleading% (/a) SEC. #. Certification against forum shopping. # $he plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief or in a s orn certification anne)ed thereto and simultaneously filed there ith" (a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or ;uasi7+udicial agency and, to the best of his 'no ledge, no such other action or claim is pending therein1 (b) if there is such other pending action or claim, a complete statement of the present status thereof1 and (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact ithin five (5) days therefrom to the court herein his aforesaid complaint or initiatory pleading has been filed% Aailure to comply ith the foregoing re;uirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case ithout pre+udice, unless other ise provided, upon motion and after hearing% $he submission of a false certification or non7compliance ith any of the underta'ings therein shall constitute indirect contempt of court, ithout pre+udice to the corresponding administrative and criminal actions% If the acts of the party or his counsel clearly constitute illful and deliberate forum shopping, the same shall be ground for summary dismissal ith pre+udice and shall constitute direct contempt, as ell as a cause for administrative sanctions% (n) RULE 8 MANNER OF MA%ING ALLEGATIONS IN PLEADINGS SECTION 1. In general.# 0very pleading shall contain in a methodical and logical form, a plain, concise and direct statement of the ultimate facts on hich the party pleading relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary facts% (() If a defense relied on is based on la , the pertinent provisions thereof and their applicability to him shall be clearly and concisely stated% (n) SEC. !. (lternative causes of action or defenses.# A party may set forth t o or more statements of a claim or defense alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses% 2hen t o or more statements are made in the alternative and one of them if made independently ould be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements% (*) SEC. 3. Conditions precedent.# In any pleading a general averment of the performance or occurrence of all conditions precedent shall be sufficient% (.) SEC. ". Capacity.# Aacts sho ing the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal e)istence of an organi,ed association of persons that is made a party, must be averred% A party desiring to raise an issue as to the legal e)istence of any party or the capacity of any party to sue or be sued in a representative capacity, shall do so by specific denial, hich shall include such supporting particulars as are peculiarly ithin the pleaderFs 'no ledge% (-) SEC #. 3raud, mista)e, condition of the mind.# In all averments of fraud or mista'e, the circumstances constituting fraud or mista'e must be stated ith particularity% 3alice, intent, 'no ledge or other condition of the mind of a person may be averred generally% (5a) SEC. $. udgment.# In pleading a +udgment or decision of a domestic or foreign court, +udicial or ;uasi7+udicial tribunal, or of a board or officer, it is sufficient to aver the +udgment or decision ithout setting forth matter sho ing +urisdiction to render it% (/) SEC. 7. (ction or defense based on document. # 2henever an action or defense is based upon a ritten instrument or document, the substance of such instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be attached to the pleading as an e)hibit, hich shall be deemed to be a part of the pleading, or said copy may ith li'e effect be set forth in the pleading% (<)

SEC. 8. 2ow to contest such documents.# 2hen an action or defense is founded upon a ritten instrument, copied in or attached to the corresponding pleading as provided in the preceding section, the genuineness and due e)ecution of the instrument shall be deemed admitted unless the adverse party, under oath, specifically denies them, and sets forth hat he claims to be the facts1 but the re;uirement of an oath does not apply hen the adverse party does not appear to be a party to the instrument or hen compliance ith an order for an inspection of the original instrument is refused% (=a) SEC. 9. Official document or act.# In pleading an official document or official act, it is sufficient to aver that the document as issued or the act done in compliance ith la % (>) SEC. 10. Specific denial.# A defendant must specify each material allegation of fact the truth of hich he does not admit and, henever practicable, shall set forth the substance of the matters upon hich he relies to support his denial% 2here a defendant desires to deny only a part of an averment, he shall specify so much of it as is true and material and shall deny only the remainder% 2here defendant is ithout 'no ledge or information sufficient to form a belief as to the truth of a material averment made in the complaint, he shall so state, and this shall have the effect of a denial% ((?a) SEC. 11. (llegations not specifically denied deemed admitted.# 3aterial averment in the complaint, other than those as to the amount of unli;uidated damages shall be deemed admitted hen not specifically denied% Allegations of usury in a complaint to recover usurious interest are deemed admitted if not denied under oath% ((a, &>) SEC. 1!. Stri)ing out of pleading or matter contained therein. # 9pon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these &ules, upon motion made by a party ithin t enty (*?) days after the service of the pleading upon him, or upon the courtFs o n initiative at any time, the court may order any pleading to be stric'en out or that any sham or false, redundant, immaterial, impertinent, or scandalous matter be stric'en out therefrom% (5, &>) RULE 9 EFFECT OF FAILURE TO PLEAD SECTION 1. +efenses and ob"ections not pleaded.# Eefenses and ob+ections not pleaded either in a motion to dismiss or in the ans er are deemed aived% :o ever, hen it appears from the pleadings or the evidence on record that the court has no +urisdiction over the sub+ect matter, that there is another action pending bet een the same parties for the same cause, or that the action is barred by a prior +udgment or by statute of limitations, the court shall dismiss the claim% (*a) SEC.!. Compulsory counterclaim, or cross&claim, not set up barred. # A compulsory counterclaim or a cross7claim set up shall be barred% (-a) SEC. 3. +efault; declaration of.# If the defending fails to ans er ithin the time allo ed therefor, the court shall, upon motion of the claiming party ith notice to the defending party, and proof of such failure, declare the defending party in default% $hereupon, the court shall proceed to render +udgment granting the claimant such relief as his pleading may arrant, unless the court in its discretion re;uires the claimant to submit evidence% Such reception of evidence may be delegated to the cler' of court% ((a, &(=) (a) *ffect of order of default.# A party in default shall be entitled to notice of subse;uent proceedings but not to ta'e part in the trial% (*a, &(=) (b) Relief from order of default. # A party declared in default may at any time after notice thereof and before +udgment file a motion under oath to set aside the order of default upon proper sho ing that his failure to ans er as due to fraud, accident, mista'e or e)cusable negligence and that he has a meritorious defense% In such case, the order of default may be set aside on such terms and conditions as the +udge may impose in the interest of +ustice% (.a, &(=) (c) *ffect of partial default. # 2hen a pleading asserting a claim states a common cause of action against several defending parties, some of hom ans er and the others fail to do so, the court shall try the case against all upon the ans ers thus filed and render +udgment upon the evidence presented% (-a, &(=) (d) *4tent of relief to be awarded.# A +udgment rendered against a party in default shall not e)ceed the amount or be different in 'ind from that prayed for nor a ard unli;uidated damages% (5a, &(=) (e) #here no defaults allowed.# If the defending party in action for annulment or declaration of nullity of marriage or for legal separation fails to ans er, the court shall order the prosecuting attorney to investigate hether or not a collusion bet een the parties e)ists if there is no collusion, to intervene for the State in order to see to it that the evidence

submitted is not fabricate% (/a, &(=)

RULE 10 AMENDED AND SUPPLEMENTAL PLEADINGS SECTION 1. (mendments in general.# Pleadings may be amended by adding or stri'ing out an allegation or the name of any party, or by correcting a mista'e in the name of a party or a mista'en or inade;uate allegation or description in any other respect, so that the actual merits of the controversy may speedily be determined, ithout regard to technicalities, and in the most e)peditious and ine)pensive manner% (() SEC. !. (mendments as a matter of right.# A party may amend his pleading once as a matter of right at any time before a responsive pleading is served or, in the case of a reply, at any time ithin ten ((?) days after it is served% (*a) SEC. 3. (mendments by leave of court.# 0)cept as provided in the ne)t preceding section, substantial amendments may be made only upon leave of court% !ut such leave may be refused if it appears to the court that the motion as made ith intent to delay% 4rders of the court upon the matters provided in this section shall be made upon motion filed in court, and after notice to the adverse party, and an opportunity to be heard% (.a) SEC. ". 3ormal amendments.# A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily corrected by the court at any stage of the action, at its initiative or on motion, provided no pre+udice is caused thereby to the adverse party% (-a) SEC. #. (mendment to conform to or authori5e presentation of evidence. # 2hen issues not raised by the pleadings are tried ith the e)press or implied consent the parties, they shall be treated in all respects as if they had been raised in the pleadings% Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after +udgment1 but failure to amend does not affect the result of the trial of these issues% If evidence is ob+ected to at the trial on the ground that it is not ithin the issues made by the pleadings, the court may allo the pleadings to be amended and shall do so ith liberality if the presentation of the merits of the action and the ends of substantial +ustice ill be subserved thereby% $he court may grant a continuance to enable the amendment to be made% (5a) SEC. $. Supplemental pleadings.# 9pon motion of a party the court may, upon reasonable notice and upon such terms as are +ust, permit him to serve a supplemental pleading setting forth transactions, occurrences or events hich have happened since the date of the pleading sought to be supplemented% $he adverse party may plead thereto ithin ten ((?) days from notice of the order admitting the supplemental pleading% (/a) SEC. 7. 3iling of amended pleadings.# 2hen any pleading is amended, a ne copy of the entire pleading, incorporating the amendments, hich shall be indicated by appropriate mar's, shall be filed% (<a) SEC. 8. *ffect of amended pleadings.# An amended pleading supersedes the pleading that it amends% :o ever, admissions in superseded pleadings may be received in evidence against the pleader1 and claims or defenses alleged therein not incorporated in the amended shall be deemed aived% (n) RULE 11 &HEN TO FILE RESPONSIVE PLEADINGS SECTION 1. (nswer to the complaint.# $he defendant shall file his ans er to the complaint after service of summons, unless different period is fi)ed by the court% ((a) ithin fifteen ((5) days

SEC. !. (nswer of a defendant foreign private "uridical entity. # 2here the defendant is a foreign private +uridical entity and service of summons is made on the government official designated by la to receive the same, the ans er shall be filed ithin thirty (.?) days after receipt of summons by such entity% (*a) SEC. 3. (nswer to amended complaint.# 2here the plaintiff files an amended complaint as a matter of right, the defendant shall ans er the same ithin fifteen ((5) days after being served ith a copy thereof% 2here its filing is not a matter of right, the defendant shall ans er the amended complaint ithin ten ((?) days from notice

of the order admitting the same% An ans er earlier filed may serve as the ans er to the amended complaint if no ne ans er is filed% $his &ule shall apply to the ans er to an amended counterclaim, amended cross7claim, amended third (fourth, etc%) # party complaint, and amended complaint7in7intervention% (.a) SEC. ". (nswer to counterclaim or cross&claim. # A counterclaim or cross7claim must be ans ered days from service% (-) ithin ten ((?)

SEC. #. (nswer to third .fourth, etc./ 0party complaint.# $he time to ans er a third (fourth, etc) # party complaint shall be governed by the same rule as the ans er to the complaint% (5a) SEC. $. Reply. # A reply may be filed ithin ten ((?) days from service of the pleading responded to% (/)

SEC. 7. (nswer to supplemental complaint. # A supplemental complaint may be ans ered ithin ten ((?) days from notice of the order admitting the same, unless a different period is fi)ed by the court% $he ans er to the complaint shall serve as the ans er to the supplemental complaint if no ne or supplemental ans er is filed% (n) SEC. 8. *4isting counterclaim or cross&claim. # A compulsory counterclaim or a cross7claim that a defending party has at the time he files his ans er shall be contained therein% (=a, &/) SEC. 9. Counterclaim or cross&claim arising after answer. # A counterclaim or a cross7claim hich either matured or as ac;uired by a party after serving his pleading may, ith the permission of the court, be presented as a counterclaim or a cross7claim by supplemental pleading before +udgment% (>, &/) SEC. 10. Omitted counterclaim or cross&claim.# 2hen a pleader fails to set up a counterclaim or a cross7claim through oversight, inadvertence, or e)cusable neglect, or hen +ustice re;uires, he may, by leave of court, set up the counterclaim or cross7claim by amendment before +udgment% (.a, &>) SEC. 11. *4tension of time to plead.# 9pon motion and on such terms as may be +ust, the court may e)tend the time to plead provided in these &ules% $he court may also, upon li'e terms, allo RULE 1! BILL OF PARTICULARS SEC. 1. #hen applied for; purpose.# !efore responding to a pleading, a party may move for a definite statement or for a bill of particulars of any matter hich is not averred ith sufficient definiteness or particularity to enable him properly to prepare his responsive pleading% If the pleading is a reply, the motion must be filed ithin ten ((?) days from service thereof% Such motion shall point out the defects complained of, the paragraphs herein they are contained, and the details desired% ((a) SEC. !. (ction by the court.# 9pon the filing of the motion, the cler' of court must immediately bring it to the attention of the court hich may either deny or grant it outright, or allo the parties the opportunity to be heard% (n) SEC. 3. Compliance with order.# If the motion is granted, either in hole or in part, the compliance there ith must be effected ithin ten B4) days from notice of the order, unless a different period is fi)ed by the court% $he bill of particulars or a more definite statement ordered by the court may be filed either in a separate or in an amended pleading, serving a copy thereof on the adverse party% (n) SEC. ". *ffect of non&compliance.# If the order is not obeyed, or in case of insufficient compliance there ith, the court may order the stri'ing out of the pleading or the portions thereof to hich the order as directed or ma'e such other order as it deems +ust% ((CcDa) SEC. #. Stay of period to file responsive pleading.# After service of the bill of particulars or of a more definite pleading, or after notice of denial of his motion, the moving party may file his responsive pleading ithin the period to hich he as entitled at the time of filing his motion, hich shall not be less than five (5) days in any event% ((CbDa) an ans er or other pleading to be filed after the time fi)ed by these &ules% (<)

SEC. $. 1ill a part of pleading.# A bill of particulars becomes part of the pleading for hich it is intended% ((CaDa) RULE 13 FILING AND SERVICE OF PLEADINGS, 'UDGMENTS AND OTHER PAPERS SECTION 1. Coverage.# $his &ule shall govern the filing of all pleadings and other papers, as ell as the service thereof, e)cept those for hich a different mode of service is prescribed% (n) SEC. !. 3iling and service, defined.# Ailing is the act of presenting the pleading or other paper to the cler' of court% Service is the act of providing a party ith a copy of the pleading or paper concerned% If any party has appeared by counsel, service upon him shall be made upon his counsel or one of them, unless service upon the party himself is ordered by the court% 2here one counsel appears for several parties, he shall only be entitled to one copy of any paper served upon him by the opposite side% (*a) SEC. 3. !anner of filing.# $he filing of pleadings, appearances, motions, notices, orders, +udgments and all other papers shall be made by presenting the original copies thereof, plainly indicated as such, personally to the cler' of court or by sending them by registered mail% In the first case, the cler' of court shall endorse on the pleading the date and hour of filing% In the second case, the date of the mailing of motions, pleadings, or any other papers or payments or deposits, as sho n by the post office stamp on the envelope or the registry receipt, shall be considered as the date of their filing, payment, or deposit in court% $he envelope shall be attached to the record of the case% ((a) SEC. ". $apers re6uired to be filed and served. # 0very +udgment, resolution, order, pleading subse;uent to the complaint, ritten motion, notice, appearance, demand, offer of +udgment or similar papers shall be filed ith the court, and served upon the parties affected% (*a) SEC. #. !odes of service. # Service of pleadings motions, notices, orders, +udgments and other papers shall be made either personally or by mail% (.a) SEC. $. $ersonal service.# Service of the papers may be made by delivering personally a copy to the party or his counsel, or by leaving it in his office ith his cler' or ith a person having charge thereof% If no person is found in his office, or his office is not 'no n, or he has no office, then by leaving the copy, bet een the hours of eight in the morning and si) in the evening, at the partyFs or counselFs residence, if 'no n, ith a person of sufficient age and discretion then residing therein% (-a) SEC. 7. Service by mail.# Service by registered mail shall be made by depositing the copy in the post office, in a sealed envelope, plainly addressed to the party or his counsel at his office, if 'no n, other ise at his residence, if 'no n, ith postage fully pre7paid, and ith instructions to the postmaster to return the mail to the sender after ten ((?) days if undelivered% If no registry service is available in the locality of either the sender or the addressee, service may be done by ordinary mail% (5a) SEC. 8. Substituted service.# If service of pleadings, motions, notices, resolutions, orders and other papers cannot be made under the t o preceding sections, the office and place of residence of the party or his counsel being un'no n, service may be made by delivering the copy to the cler' of court, ith proof of failure of both personal service and service by mail% $he service is complete at the time of such delivery% (/a) SEC. 9. Service of "udgments, final orders or resolutions.# Gudgments, final orders or resolutions shall be served either personally or by registered mail% 2hen a party summoned by publication has failed to appear in the action, +udgments, final orders or resolutions against him shall be served upon him also by publication at the e)pense of the prevailing party% (<a) SEC. 10. Completeness of service.# Personal service is complete upon actual delivery% Service by ordinary mail is complete upon the e)piration of ten ((?) days after mailing, unless the court other ise provides% Service by registered mail is complete upon actual receipt by the addressee, or after five (5) days from the date he received the first notice of the postmaster, hichever date is earlier% (=a) SEC. 11. $riorities in modes of service and filing.# 2henever practicable, the service and filing of pleadings and other papers shall be done personally% 0)cept ith respect to papers emanating from the court, a resort to other modes must be accompanied by a ritten e)planation hy the service or filing as not done personally% A violation of this &ule may be cause to consider the paper as not filed% (n)

SEC. 1!. P())* )* *+,+-..# $he filing of a pleading or paper shall be proved by its e)istence in the record of the case% If it is not in the record, but is claimed to have been filed personally, the filing shall be proved by the ritten or stamped ac'no ledgment of its filing by the cler' of court on a copy of the same1 if filed by registered mail, by the registry receipt and by the affidavit of the person ho did the mailing, containing a full statement of the date and place of depositing the mail in the post office in a sealed envelope addressed to the court, ith postage fully prepaid, and ith instructions to the postmaster to return the mail to the sender after ten ((?) days if not delivered% (n) SEC. 13. $roof of service.# Proof of personal service shall consist of a ritten admission of the party served, or the official return of the server, or the affidavit of the party serving, containing a full statement of the date, place and manner of service% If the service is by ordinary mail, proof thereof shall consist of an affidavit of the person mailing of facts sho ing compliance ith section < of this &ule% If service is made by registered mail, proof shall be made by such affidavit and the registry receipt issued by mailing office% $he registry return card shall be immediately upon its receipt by the sender, or in lieu thereof the unclaimed letter together ith the certified or s orn copy of the notice given by the postmaster to the addressee% ((?a) SEC. 1". %otice of lis pendens.# In an action affecting the title or the right of possession of real property, the plaintiff and the defendant, hen affirmative relief is claimed in his ans er, may record in the office of the registry of deeds of the province in hich the property is situated a notice of the pendency of the action% Said notice shall contain the names of the parties and the ob+ect of the action or defense, and a description of the properly in that province affected thereby% 4nly from the time of filing such notice for record shall a purchaser, or encumbrancer of the property affected thereby% 4nly from the time of filing such notice for record shall a purchaser, or encumbrancer of the property affected thereby, be deemed to have constructive notice of the pendency of the action, and only of its pendency against the parties designated by their real names% $he notice of lis pendens hereinabove mentioned may be cancelled only upon order of the court, after proper sho ing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party ho caused it to be recorded% (*-a, &(-) RULE 1" SUMMONS SECTION 1. Cler) to issue summons.# 9pon the filing of the complaint and the payment of the re;uisite legal fees, the cler' of court shall forth ith issue the corresponding summons to the defendants% ((a) SEC. !. Contents.# $he summons shall be directed to the defendant, signed by the cler' of court under seal, and contain" (a) the name of the court and the names of the parties to the action1 (b) a direction that the defendant ans er ithin the time fi)ed by these &ules1 (c) a notice that unless the defendant so ans ers, plaintiff ill ta'e +udgment by default and may be granted the relief applied for% A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to the original and each copy of the summons% (.a) SEC. 3. 1y whom served.# $he summons may be served by the sheriff, his deputy, or other proper court officer, or for +ustifiable reasons by any suitable person authori,ed by the court issuing the summons% (5a) SEC. ". Return.# 2hen the service has been completed, the server shall, ithin five (5) days therefrom, serve a copy of the return, personally or by registered mail, to the plaintiffs counsel, and shall return the summons to the cler' ho issued it, accompanied by proof of service% (/a) SEC. #. Issuance of alias summons.# If a summons is returned ithout being served on any or all of the defendants, the server shall also serve a copy of the return on the plaintiffs counsels stating the reasons for the failure of service, ithin five (5) days therefrom% In such a case, or if the summons has been lost, the cler', on demand of the plaintiff, may issue an alias summons% (-a) SEC. $. Service in person on defendant.# 2henever practicable, the summons shall be served by handing a copy thereof to the defendant in person, or, if he refuses to receive and sign for it, by tendering it to him% (<a) SEC. 7. Substituted service.# If, for +ustifiable causes, the defendant cannot be served ithin a reasonable time as provided in the preceding section, service may be effected (a) by leaving copies of the summons at the defendantFs

residence ith some person of suitable age and discretion then residing therein, or (b) by leaving the copies at defendantFs office or regular place of business ith some competent person in charge thereof% (=a) SEC. 8. Service upon entity without "uridical personality.# 2hen persons associated in an entity ithout +uridical personality are sued under the name by hich they are generally or commonly 'no n, service may be effected upon all the defendants by serving upon any one of them, or upon the person in charge of the office or place of business maintained in such name% !ut such service shall not bind individually any person hose connection ith the entity has, upon due notice, been severed before the action as brought% (>a) SEC. 9. Service upon prisoners.# 2hen the defendant is a prisoner confined in a +ail or institution, service shall be effected upon him by the officer having the management of such +ail or institution ho is deemed deputi,ed as a special sheriff for said purpose% ((*a) SEC. 10. Service upon minors and incompetents.# 2hen the defendant is a minor, insane or other ise an incompetent, service shall be made upon him personally and on his legal guardian if he has one, or if none, upon his guardian ad litem hose appointment shall be applied for by the plaintiff% In the case of a minor, service may also be made on his father or mother% ((?a, ((a) SEC. 11. Service upon domestic private "uridical entity.# 2hen the defendant is a corporation, partnership or association organi,ed under the la s of the Philippines ith a +uridical personality, service may be made on the president, managing partner, general manager, corporate secretary, treasurer, or in7house counsel% ((.a) SEC. 1!. Service upon foreign private "uridical entity.# 2hen the defendant is a foreign private +uridical entity hich has transacted business in the Philippines, service may be made on its resident agent designated in accordance ith la for that purpose, or, if there be no such agent, on the government official designated by la to that effect, or on any of its officers or agents ithin the Philippines% ((-a) SEC. 13. Service upon public corporations. # 2hen the defendant is the &epublic of the Philippines, service may be effected on the Solicitor Beneral1 in case of a province, city or municipality, or li'e public corporations, service may be effected on its e)ecutive head, or on such other officer or officers as the la or the court may direct% ((5) SEC. 1". Service upon defendant whose identity or whereabouts are un)nown. # In any action here the defendant is designated as an un'no n o ner, or the li'e, or henever his hereabouts are un'no n and cannot be ascertained by diligent in;uiry, service may, by leave of court, be effected upon him by publication in a ne spaper of general circulation and in such places and for such time as the court may order% ((/a) SEC. 1#. *4traterritorial service.# 2hen the defendant does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff or relates to, or the sub+ect of hich is, property ithin the Philippines, in hich the defendant has or claims a lien or interest, actual or contingent, or in hich the relief demanded consists, holly or in part, in e)cluding the defendant from any interest therein, or the property of the defendant has been attached ithin the Philippines, service may, by leave of court, be effected out of the Philippines by personal service as under section /1 or by publication in a ne spaper of general circulation in such places and for such time as the court may order, in hich case a copy of the summons and order of the court shall be sent by registered mail to the last 'no n address of the defendant, or in any other manner the court may deem sufficient% Any order granting such leave shall specify a reasonable time, hich shall not be less than si)ty (/?) days after notice, ithin hich the defendant must ans er% ((<a) SEC. 1$. Residents temporarily out of the $hilippines.# 2hen any action is commenced against a defendant ho ordinarily resides ithin the Philippines, but ho is temporarily out of it, service may, by leave of court, be also effected out of the Philippines, as under the preceding section% ((=a) SEC. 17. 7eave of court. # Any application to the court under this &ule for leave to effect service in any manner for hich leave of court is necessary shall be made by motion in riting, supported by affidavit of the plaintiff or some person on his behalf, setting forth the grounds for the application% ((>) SEC. 18. $roof of service. # $he proof of service of a summons shall be made in riting by the server and shall set forth the manner, place, and date of service1 shall specify any papers hich have been served ith the process and the name of the person ho received the same1 and shall be s orn to hen made by a person other than a sheriff or his deputy% (*?) SEC. 19. $roof of service by publication. # If the service has been made by publication, service may be proved by the affidavit of the printer, his foreman or principal cler', or of the editor, business or advertising manager, to hich affidavit a copy of the publication shall be attached, and by an affidavit sho ing the deposit of a copy of the summons and order for

publication in the post office, postage prepaid, directed to the defendant by registered mail to his last 'no n address% (*() SEC. !0. -oluntary appearance. # $he defendantFs voluntary appearance in the action shall be e;uivalent to service of summons% $he inclusion in a motion to dismiss of other grounds aside from lac' of +urisdiction over the person of the defendant shall not be deemed a voluntary appearance% (*.a) RULE 1# MOTIONS SECTION 1. !otion defined. # A motion is an application for relief other than by a pleading% ((a) SEC. !. !otions must be in writing.# All motions shall be in riting e)cept those made in open court or in the course of a hearing or trial% (*a) SEC. 3. Contents.# A motion shall state the relief sought to be obtained and the grounds upon hich it is based, and if re;uired by these &ules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers% (.a) SEC. ". 2earing of motion.# 0)cept for motions hich the court may act upon adverse party, every ritten motion shall be set for hearing by the applicant% ithout pre+udicing the rights of the

0very ritten motion re;uired to be heard and the notice of the hearing thereof shall be served in such a manner as to ensure its receipt by the other party at least three (.) days before the date of hearing, unless the court for good cause sets the hearing on shorter notice% (-a) SEC. #. %otice of hearing.# $he notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing hich must not be later than ten ((?) days after the filing of the motion% (5a) SEC. $. $roof of service necessary.# @o service thereof% (/a) ritten motion set for hearing shall be acted upon by the court ithout proof of

SEC. 7. !otion day.# 0)cept for motions re;uiring immediate action, all motions shall be scheduled for hearing on Ariday afternoons, or if Ariday is a non7 or'ing day, in the afternoon of the ne)t or'ing day% (<a) SEC. 8. Omnibus motion.# Sub+ect to the provisions of section ( of &ule >, a motion attac'ing a pleading, order, +udgment, or proceeding shall include all ob+ections then available, and all ob+ections not so included shall be deemed aived% (=a) SEC. 9. !otion for leave.# A motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought to be admitted% (n) SEC. 10. 3orm.# $he &ules applicable to pleadings shall apply to designation, signature, and other matters of form% (>a) RULE 1$ MOTION TO DISMISS SECTION 1. ,rounds.# 2ithin the time for but before filing the ans er to the complaint or pleading asserting a claim, a motion to dismiss may be made on any of the follo ing grounds" (a) $hat the court has no +urisdiction over the person of the defending party1 (b) $hat the court has no +urisdiction over the sub+ect matter of the claim1 (e) $hat venue is improperly laid1 (d) $hat the plaintiff has no legal capacity to sue1 (e) $hat there is another action pending bet een the same parties for the same cause1 ritten motions so far as concerns caption,

(f) $hat the cause of action is barred by a prior +udgment or by the statute of limitations1 (g) $hat the pleading asserting the claim states no cause of action1 (h) $hat the claim or demand set forth in the plaintiffs pleading has been paid, other ise e)tinguished1 aived, abandoned, or

(i) $hat the claim on hich the action is founded is unenforceable under the provisions of the statute of frauds1 and (+) $hat a condition precedent for filing the claim has not been complied ith% ((a)

SEC. !. 2earing of motion.# At the hearing of the motion, the parties shall submit their arguments on the ;uestions of la and their evidence on the ;uestions of fact involved e)cept those not available at that time% Should the case go to trial, the evidence presented during the hearing shall automatically be part of the evidence of the party presenting the same% (n) SEC. 3. Resolution of motion.# After the hearing, the court may dismiss the action or claim, deny the motion, or order the amendment of the pleading% $he court shall not defer the resolution of the motion for the reason that the ground relied upon is not indubitable% In every case, the resolution shall state clearly and distinctly the reasons therefor% (.a) SEC. ". Time to plead.# If the motion is denied, the movant shall file his ans er ithin the balance of the period prescribed by &ule (( to hich he as entitled at the time of serving his motion, but not less than five (5) days in any event, computed from his receipt of the notice of the denial% If the pleading is ordered to be amended, he shall file his ans er ithin the period prescribed by &ule (( counted from service of the amended pleading, unless the court provides a longer period% (-a) SEC. #. *ffect of dismissal.# Sub+ect to the right of appeal, an order granting a motion to dismiss based on paragraphs (f), (h) and (i) of section ( hereof shall bar the refiling of the same action or claim% (n) SEC. $. $leading grounds as affirmative defenses. # If no motion to dismiss has been filed, any of the grounds for dismissal provided for in this &ule may be pleaded as an affirmative defense in the ans er and, in the discretion of the court, a preliminary hearing may be had thereon as if a motion to dismiss had been filed% (5a) $he dismissal of the complaint under this section shall be ithout pre+udice to the prosecution in the same or separate action of a counterclaim pleaded in the ans er% (n) RULE 17 DISMISSAL OF ACTIONS SECTION 1. +ismissal upon notice by plaintiff.# A complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before service of the ans er or of a motion for summary +udgment% 9pon such notice being filed, the court shall issue an order confirming the dismissal% 9nless other ise stated in the notice, the dismissal is ithout pre+udice, e)cept that a notice operates as an ad+udication upon the merits hen filed by a plaintiff ho has once dismissed in a competent court an action based on or including the same claim% ((a) SEC. !. +ismissal upon motion of plaintiff. # 0)cept as provided in the preceding section, a complaint shall not be dismissed at the plaintiffs instance save upon approval of the court and upon such terms and conditions as the court deems proper% If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiffs motion for dismissal, the dismissal shall be limited to the complaint% $he dismissal shall be ithout pre+udice to the right of the defendant to prosecute his counterclaim in a separate action unless ithin fifteen ((5) days from notice of the motion he manifests his preference to have his counterclaim resolved in the same action% 9nless other ise specified in the order, a dismissal under this paragraph shall be ithout pre+udice% A class suit shall not be dismissed or compromised ithout the approval of the court% (*a)

SEC. 3. +ismissal due to fault of plaintiff. # If for no +ustifiable cause, the plaintiff fails to appear on the date of the presentation of his evidence in chief on the complaint, or to prosecute his action for an unreasonable length of time, or to comply ith these &ules or any order of the court, the complaint may be dismissed upon motion of the defendant or upon the courtFs o n motion, ithout pre+udice to the right of the defendant to prosecute his counterclaim in the same or in a separate action% $his dismissal shall have the effect of an ad+udication upon the merits, unless other ise declared by the court% (.a) SEC. ". +ismissal of counterclaim, cross&claim, or third&party complaint. # $he provisions of this &ule shall apply to the dismissal of any counterclaim, cross7claim, or third7party complaint% A voluntary dismissal by the claimant by notice as in section ( of this &ule, shall be made before a responsive pleading or a motion for summary +udgment is served or, if there is none, before the introduction of evidence at the trial or hearing% (-a) RULE 18 PRE/TRIAL SECTION 1. #hen conducted.# After the last pleading has been served and filed, it shall be the duty of the plaintiff to promptly move e) parte that the case be set for pre7trial% (5a, &*?) SEC. !. %ature and purpose.# $he pre7trial is mandatory% $he court shall consider" (a) $he possibility of an amicable settlement or of a submission to alternative modes of dispute resolution1 (b) $he simplification of the issues1 (c) $he necessity or desirability of amendments to the pleadings1 (d) $he possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof1 (e) $he limitation of the number of itnesses1

(f) $he advisability of a preliminary reference of issues to a commissioner1 (g) $he propriety of rendering +udgment on the pleadings, or summary +udgment, or of dismissing the action should a valid ground therefor be found to e)ist1 (h) $he advisability or necessity of suspending the proceedings1 and (i) Such other matters as may aid in the prompt disposition of the action, ((a, &*?) SEC. 3. %otice of pre&trial.# $he notice of pre7trial shall be served on counsel, or on the party ho has no counsel% $he counsel served ith such notice is charged ith the duty of notifying the party represented by him% (n) SEC. ". (ppearance of parties.# It shall be the duty of the parties and their counsel to appear at the pre7trial% $he non7 appearance of a party may be e)cused only if a valid cause is sho n therefor or if a representative shall appear in his behalf fully authori,ed in riting to enter into an amicable settlement, to submit to alternative modes of dispute resolution, and to enter into stipulations or admissions of facts and of documents% (n) SEC. #. *ffect of failure to appear.# $he failure of the plaintiff to appear hen so re;uired pursuant to the ne)t preceding section shall be cause for dismissal of the action% $he dismissal shall be ith pre+udice, unless other ise ordered by the court% A similar failure on the part of the defendant shall be cause to allo the plaintiff to present his evidence e) parte and the court to reader +udgment on the basis thereof% (*a, &*?) SEC. $. $re&trial brief.# $he parties shall file ith the court and serve on the adverse party, in such manner as shall ensure their receipt thereof at least three (.) days before the date of the pre7trial, their respective pre7trial briefs hich shall contain, among others" (a) A statement of their illingness to enter into amicable settlement or alternative modes of dispute resolution, indicating the desired terms thereof1 (b) A summary of admitted facts and proposed stipulation of facts1

(c) $he issues to be tried or resolved1 (d) $he documents or e)hibits to be presented, stating the purpose thereof1 (e) A manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners1 and (f) $he number and names of the itnesses, and the substance of their respective testimonies%

Aailure to file the pre7trial brief shall have the same effect as failure to appear at the pre7trial% (n) SEC. 7. Record of pre&trial.# $he proceedings in the pre7trial shall be recorded% 9pon the termination thereof, the court shall issue an order hich shall recite in detail the matters ta'en up in the conference, the action ta'en thereon, the amendments allo ed to the pleadings, and the agreements or admissions made by the parties as to any of the matters considered% Should the action proceed to trial, the order shall e)plicitly define and limit the issues to be tried% $he contents of the order shall control the subse;uent course of the action, unless modified before trial to prevent manifest in+ustice% (5a, &*?) RULE 19 INTERVENTION SECTION 1. #ho may intervene.# A person ho has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof may, ith leave of court, be allo ed to intervene in the action% $he court shall consider hether or not the intervention ill unduly delay or pre+udice the ad+udication of the rights of the original parties, and hether or not the intervenorFs rights may be fully protected in a separate proceeding% (*CaD, CbDa, &(*) SEC. !. Time to intervene.# $he motion to intervene may be filed at any time before rendition of +udgment by the trial court% A copy of the pleading7in7intervention shall be attached to the motion and served on the original parties% (n) SEC. 3. $leadings&in&intervention.# $he intervenor shall file a complaint7in7intervention if he asserts a claim against either or all of the original parties, or an ans er7in7intervention if he unites ith the defending party in resisting a claim against the latter% (*CcDa, &(*) SEC. ". (nswer to complaint&in&intervention. # $he ans er to the complaint7in7intervention shall be filed ithin fifteen ((5) days from notice of the order admitting the same, unless a different period is fi)ed by the court% (*CdDa,&(*) RULE !0 CALENDAR OF CASES SECTION 1. Calendar of cases.# $he cler' of court, under the direct supervision of the +udge, shall 'eep a calendar of cases for pre7trial, for trial, those hose trials ere ad+ourned or postponed, and those ith motions to set for hearing% Preference shall be given to habeas corpus cases, election cases, special civil actions, and those so re;uired by la % ((a, &**) SEC. !. (ssignment of cases.# $he assignment of cases to the different branches of a court shall be done e)clusively by raffle% $he assignment shall be done in open session of hich ade;uate notice shall be given so as to afford interested parties the opportunity to be present% (<a, &**)% RULE !1 SUBPOENA SECTION 1. Subpoena and subpoena duces tecum. # Subpoena is a process directed to a person re;uiring him to attend and to testify at the hearing or the trial of an action, or at any investigation conducted by competent authority, or for the ta'ing of his deposition% It may also re;uire him to bring ith him any boo's, documents, or other things under his control, in hich case it is called a subpoena duces tecum% ((a, &*.)

SEC. !. 1y whom issued.# $he subpoena may be issued by# a) the court before hom the itness is re;uired to attend1 b) the court of the place here the deposition is to be ta'en1 c) the officer or body authori,ed by la body1 or to do so in connection ith investigations conducted by said officer or ithin the

d) any Gustice of the Supreme Court or of the Court of Appeals in any case or investigation pending Philippines%

2hen application for a subpoena to a prisoner is made, the +udge or officer shall e)amine and study carefully such application to determine hether the same is made for a valid purpose% @o prisoner sentenced to death, reclusion perpetua or life imprisonment and ho is confined in any penal institution shall be brought outside the said penal institution for appearance or attendance in any court unless authori,ed by the Supreme Court% (*a, &*.) SEC. 3. 3arm and contents.# A subpoena shall state the name of the court and the title of the action or investigation, shall be directed to the person hose attendance is re;uired, and in the case of a subpoena duces tecum, it shall also contain a reasonable description of the boo's, documents or things demanded hich must appear to the court prima facie relevant% (.a, &*.) SEC. ". 8uashing a subpoena.# $he court may ;uash a subpoena duces tecum upon motion promptly made and, in any event, at or before the time specified therein if it is unreasonable and oppressive, or the relevancy of the boo's, documents or things does not appear, or if the person in hose behalf the subpoena is issued fails to advance the reasonable cost of the production thereof% $he court may ;uash a subpoena ad testificandum on the ground that the itness is not bound thereby% In either case, the subpoena may be ;uashed on the ground that the itness fees and 'ilometrage allo ed by these &ules ere not tendered hen the subpoena as served, (-a, &*.) SEC. #. Subpoena for depositions.# Proof of service of a notice to ta'e a deposition, as provided in sections (5 and *5 of &ule *., shall constitute sufficient authori,ation for the issuance of subpoenas for the persons named in said notice by the cler' of the court of the place in hich the deposition is to be ta'en% $he cler' shall not, ho ever, issue a subpoena duces tecum to any such person ithout an order of the court% (5a, &*.) SEC. $. Service.# Service of a subpoena shall be made in the same manner as personal or substituted service of summons% $he original shall be e)hibited and a copy thereof delivered to the person on hom it is served, tendering to him the fees for one dayFs attendance and the 'ilometrage allo ed by these &ules, e)cept that, hen a subpoena is issued by or on behalf of the &epublic of the Philippines or an officer or agency thereof, the tender need not be made% $he service must be made so as to allo the itness a reasonable time for preparation and travel to the place of attendance% If the subpoena is duces tecum, the reasonable cost of producing the boo's, documents or things demanded shall also be tendered% (/a, &*.) SEC. 7. $ersonal appearance in court.# A person present in court before a +udicial officer may be re;uired to testify as if he ere in attendance upon a subpoena issued by such court or officer% ((?, &*.) SEC. 8. Compelling attendance.# In case of failure of a itness to attend, the court or +udge issuing the subpoena, upon proof of the service thereof and of the failure of the itness, may issue a arrant to the sheriff of the province, or his deputy, to arrest the itness and bring him before the court or officer here his attendance is re;uired, and the cost of such arrant and sei,ure of such itness shall be paid by the itness if the court issuing it shall determine that his failure to ans er the subpoena as illful and ithout +ust e)cuse% (((, &*.) SEC. 9. Contempt.# Aailure by any person ithout ade;uate cause to obey a subpoena served upon him shall be deemed a contempt of the court from hich the subpoena is issued% If the subpoena as not issued by a court, the disobedience thereto shall be punished in accordance ith the applicable la or &ule% ((*a, &*.) SEC. 10. *4ceptions.# $he provisions of sections = and > of this &ule shall not apply to a itness ho resides more than one hundred ((??) 'ilometers from his residence to the place here he is to testify by the ordinary course of travel, or to a detention prisoner if no permission of the court in hich his case is pending as obtained% (>a, &*.)

RULE !! COMPUTATION OF TIME SECTION 1. 2ow to compute time.# In computing any period of time prescribed or allo ed by these &ules, or by order of the court, or by any applicable statute, the day of the act or event from hich the designated period of time begins to run is to be e)cluded and the date of performance included% If the last day of the period, as thus computed, falls on a Saturday, a Sunday, or a legal holiday in the place here the court sits, the time shall not run until the ne)t or'ing day% (n) SEC. !. *ffect of interruption.# Should an act be done hich effectively interrupts the running of the period, the allo able period after such interruption shall start to run on the day after notice of the cessation of the cause thereof% $he day of the act that caused the interruption shall be e)cluded in the computation of the period% (n) RULE !3 DEPOSITIONS PENDING ACTION SECTION 1. +epositions pending action, when may be ta)en.# !y leave of court after +urisdiction has been obtained over any defendant or over property hich is the sub+ect of the action, or ithout such leave after an ans er has been served, the testimony of any person, hether a party or mot, may be ta'en, at the instance of any party, by deposition upon oral e)amination or ritten interrogatories% $he attendance of itnesses may be compelled by the use of a subpoena as provided in &ule *(% Eepositions shall be ta'en only in accordance ith these &ules% $he deposition of a person confined in prison may be ta'en - only by leave of court on such terms as the court prescribes% ((a, &*-) SEC. !. Scope of e4amination.# 9nless other ise ordered by the court as provided by section (/ or (= of this &ule, the deponent may be e)amined regarding any matter, not privileged, hich is relevant to the sub+ect of the pending action, hether relating to the claim or defense of any other party, including the e)istence, description, nature, custody, condition, and location of any boo's, documents, or other tangible things and the identity and location of persons having 'no ledge of relevant facts% (*, &*-) SEC. 3. *4amination and cross&e4amination. # 0)amination and cross7e)amination of deponents may proceed as permitted at the trial under sections . to (= of &ule (.*% (.a, &*-) SEC. ". 'se of depositions.# At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party ho as present or represented at the ta'ing of the deposition or ho had due notice thereof, in accordance ith any one of the follo ing provisions" (a) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a itness1 (b) $he deposition of a party or of any one ho at the time of ta'ing the deposition as an officer, director, or managing agent of a public or private corporation, partnership, or association hich is a party may be used by an adverse party for any purpose1 (c) $he deposition of a itness, hether or not a party, may be used by any party for any purpose if the court finds" (() that the itness is dead1 or (*) that the itness resides at a distance more than one hundred ((??) 'ilometers from the place of trial or hearing, or is out of the Philippines, unless it appears that his absence as procured by the party offering the deposition1 or (.) that the itness is unable to attend or testify because of age, sic'ness, infirmity, or imprisonment1 or (-) that the party offering the deposition has been unable to procure the attendance of the itness by subpoena1 or (5) upon application and notice, that such e)ceptional circumstances e)ist as to ma'e it desirable, in the interest of +ustice and ith due regard to the importance of presenting the testimony of itnesses orally in open court, to allo the deposition to be used1 and (d) If only part of a deposition is offered in evidence by a party, the adverse party may re;uire him to introduce all of it hich is relevant to the part introduced, and any party may introduce any other parts% (-a, &*-)

SEC. #. *ffect of substitution of parties. # Substitution of parties does not affect the right to use depositions previously ta'en1 and, hen an action has been dismissed and another action involving the same sub+ect is after ard brought bet een the same parties or their representatives or successors in interest, all depositions la fully ta'en and duly filed in the former action may be used in the latter as if originally ta'en therefor% (5, &*-) SEC. $. Ob"ections to admissibility.# Sub+ect to the provisions of section *> of this &ule, ob+ection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason hich ould re;uire the e)clusion of the evidence if the itness ere then present and testifying% (/, &*-) SEC. 7. *ffect of ta)ing depositions.# A party shall not be deemed to ma'e a person his o n itness for any purpose by ta'ing his deposition% (<, &*-) SEC. 8. *ffect of using depositions.# $he introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent ma'es the deponent the itness of the party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition as described in paragraph (b) of section - of this &ule% (=, &*-) SEC. 9. Rebutting deposition.# At the trial or hearing, any party may rebut any relevant evidence contained in a deposition hether introduced by him or by any other party% (>, &*-) SEC. 10. $ersons before whom depositions may be ta)en within the $hilippines. # 2ithin the Philippines, depositions may be ta'en before any +udge, notary public, or the person referred to in section (- hereof% ((?a, &*-) SEC. 11. $ersons before whom depositions may be ta)en in foreign countries. # In a foreign state or country, depositions may be ta'en (a) on notice before a secretary of embassy or legation, consul general, consul, vice7consul, consular agent of the &epublic of the Philippines1 (b) before such person or officer as may be appointed by commission or under letters rogatory1 or (c) the person referred to in section (- hereof% (((a, &*-) SEC. 1!. Commission or letters rogatory.# A commission or letters rogatory shall be issued only hen necessary or convenient, on application and notice, and on such terms and ith such direction as are +ust and appropriate% 4fficers may be designated in notices or commissions either by name or descriptive title and letters rogatory may be addressed to the appropriate +udicial authority in the foreign country% ((*a, &*-) SEC. 13. +is6ualification by interest.# @o deposition shall be ta'en before a person ho is a relative ithin the si)th degree of consanguinity or affinity, or employee or counsel of any of the parties1 or ho is a relative ithin the same degree, or employee of such counsel1 or ho is financially interested in the action% ((.a, &*-) SEC. 1". Stipulations regarding ta)ing of dispositions.# If the parties so stipulate in riting, depositions may be ta'en before any person authori,ed to administer oaths, at any time or place, in accordance ith these &ules, and hen so ta'en may be used li'e other depositions% ((-a, &*-) SEC. 1#. +eposition upon oral e4amination; notice; time and place. # A party desiring to ta'e the deposition of any person upon oral e)amination shall give reasonable notice in riting to every other party to the action% $he notice shall state the time and place for ta'ing the deposition and the name and address of each person to be e)amined, if 'no n, and if the name is not 'no n, a general description sufficient to identify him or the particular class or group to hich he belongs% 4n motion of any party upon hom the notice is served, the court may for cause sho n enlarge or shorten the time% ((5, &*-) SEC. 1$. Orders for the protection of parties and deponents.# After notice is served for ta'ing a deposition by oral e)amination, upon motion seasonably made by any party or by the person to be e)amined and for good cause sho n, the court in hich the action is pending may ma'e an order that the deposition shall not be ta'en, or that it may be ta'en only at some designated place other than that stated in the notice, or that it may be ta'en only on ritten interrogatories, or that certain matters shall not be in;uired into, or that the scope of the e)amination shall be held ith no one present e)cept the parties to the action and their officers or counsel, or that after being sealed the deposition shall be opened only by order of the court, or that secret processes, developments, or research need not be disclosed, or that the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court1 or the court may ma'e any other order hich +ustice re;uires to protect the party or itness from annoyance, embarrassment, or oppression% ((/a, &*-) SEC. 17. Record of e4amination; oath; ob"ections.# $he officer before hom the deposition is to be ta'en shall put the itness on oath and shall personally, or by some one acting under his direction and in his presence, record the testimony of the itness% $he testimony shall be ta'en stenographically unless the parties agree other ise% All ob+ections

made at the time of the e)amination to the ;ualifications of the officer ta'ing the deposition, or to the manner of ta'ing it, or to the evidence presented, or to the conduct of any party, and any other ob+ection to the proceedings, shall be noted by the officer upon the deposition% 0vidence ob+ected to shall be ta'en sub+ect to the ob+ections% In lieu of participating in the oral e)amination, parties served ith notice of ta'ing a deposition may transmit ritten interrogatories to the officers, ho shall propound them to the itness and record the ans ers verbatim% ((<, &*-) SEC. 18. !otion to terminate or limit e4amination.# At any time during the ta'ing of the deposition, on motion or petition of any party or of the deponent and upon a sho ing that the e)amination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in hich the action is pending or the &egional $rial Court of the place here the deposition is being ta'en may order the officer conducting the e)amination to cease forth ith from ta'ing the deposition, or may limit the scope and manner of the ta'ing of the deposition, as provided in section (/ of this &ule% If the order made terminates the e)amination, it shall be resumed thereafter only upon the order of the court in hich the action is pending% 9pon demand of the ob+ecting party or deponent, the ta'ing of the deposition shall be suspended for the time necessary to ma'e a notice for an order% In granting or refusing such order, the court may impose upon either party or upon the itness the re;uirement to pay such costs or e)penses as the court may deem reasonable% ((=a, &*-) SEC. 19. Submission to witness; changes; signing.# 2hen the testimony is fully transcribed, the deposition shall be submitted to the itness for e)amination and shall be read to or by him, unless such e)amination and reading are aived by the itness and by the parties% Any changes in form or substance hich the itness desires to ma'e shall be entered upon the deposition by the officer ith a statement of the reasons given by the itness for ma'ing them% $he deposition shall then be signed by the itness, unless the parties by stipulation aive the signing or the itness is ill or cannot be found or refuses to sign% If the deposition is not signed by the itness, the officer shall sign it and state on the record the fact of the aiver or of the illness or absence of the itness or the fact of the refusal to sign together ith the reason given therefor, if any, and the deposition may then be used as fully as though signed, unless on a motion to suppress under section *> (f) of this &ule, the court holds that the reasons given for the refusal to sign re;uire re+ection of the deposition in hole or h part% ((>a, &*-) SEC. !0. Certification and filing by officer. # $he officer shall certify on the deposition that the itness as dull s orn to by him and that the deposition is a true record of the testimony given by the itness% :e shall then securely seal the deposition in an envelope indorsed the title of the action and mar'ed 8Eeposition of (here insert the name of itness)8 and shall promptly file it ith the court in hich the action is pending or send it by registered mail to the cler' thereof for filing% (*?, &*-) SEC. !1. %otice of filing.# $he officer ta'ing the deposition shall give prompt notice of its filing to all the parties% (*(, &*-) SEC. !!. 3urnishing copies.# 9pon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the deponent% (**, &*-) SEC. !3. 3ailure to attend of party giving notice. # If the party giving the notice of the ta'ing of a deposition fails to attend and proceed there ith and another attends in person or by counsel pursuant to the notice, the court may order the party giving the notice to pay such other party the amount of the reasonable e)penses incurred by him and his counsel in so attending, including reasonable attorneyFs fees% (*.a, &*-) SEC. !". 3ailure of party giving notice to serve subpoena.# If the party giving the notice of the ta'ing of a deposition of a itness fails to serve a subpoena upon him and the itness because of such failure does not attend, and if another party attends in person or by counsel because he e)pects the deposition of that itness to be ta'en, the court may order the party giving the notice to pay to such other party the amount of the reasonable e)penses incurred by him and his counsel in so attending, including reasonable attorneyFs fees% (*-a, &*-) SEC. !#. +eposition upon written interrogatories; service of notice and of interrogatories. # A party desiring ta'e the deposition of any person upon ritten interrogatories shall serve them upon every other party ith a notice stating the name and address of the person ho is to ans er them and the name or descriptive title and address of the officer before hom the deposition is to be ta'en% 2ithin ten ((?) days thereafter, a party so served may serve cross7interrogatories upon the party proposing to ta'e the deposition% 2ithin five (5) days thereafter, the latter may serve re7direct interrogatories upon a party ho has served cross7interrogatories% 2ithin three (.) days after being served ith re7direct interrogatories, a party may serve recross7interrogatories upon the party proposing to ta'e the deposition% (*5, &*-) SEC. !$. Officers to ta)e responses and prepare record.# A copy of the notice and copies of all interrogatories served shall be delivered by the party ta'ing the deposition to the officer designated in the notice, ho shall proceed promptly, in the manner provided by sections (<,(> and *? of this &ule, to ta'e the testimony of the itness in response to the

interrogatories and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the interrogatories received by him% (*/, &*-) SEC. !7. %otice of filing and furnishing copies. # 2hen a deposition upon interrogatories is filed, the officer ta'ing it shall promptly give notice thereof to all the parties, and may furnish copies to them or to the deponent upon payment of reasonable charges therefor% (*<, &*-) SEC. !8. Orders for the protection of parties and deponents.# After the service of the interrogatories and prior to the ta'ing of the testimony of the deponent, the court in hich the action is pending, on motion promptly made by a party or a deponent, and for good cause sho n, may ma'e any order specified in sections (5, (/ and (= of this &ule hich is appropriate and +ust or an order that the deposition shall not be ta'en before the officer designated in the notice or that it shall not be ta'en e)cept upon oral e)amination% (*=a, &*-) SEC. !9. *ffect of errors and irregularities in depositions. #

(a) (s to notice.# All errors and irregularities in the notice for ta'ing a deposition are promptly served upon the party giving the notice%

aived unless ritten ob+ection is

(b) (s to dis6ualification of officer. # 4b+ection to ta'ing a deposition because of dis;ualification of the officer before hom it is to be ta'en is aived unless made before the ta'ing of the deposition begins or as soon thereafter as the dis;ualification becomes 'no n or could be discovered ith reasonable diligence% (c) (s to competency or relevancy of evidence. # 4b+ections to the competency of a itness or the competency, relevancy, or materiality of testimony are not aived by failure to ma'e them before or during the ta'ing of the deposition, unless the ground of the ob+ection is one hich might have been obviated or removed if presented at that time% (d) (s to oral e4amination and other particulars. # 0rrors and irregularities occurring at the oral e)amination in the manner of ta'ing the deposition, in the form of the ;uestions or ans ers, in the oath or affirmation, or in the conduct of the parties and errors of any 'ind hich might be obviated, removed, or cured if promptly prosecuted, are aived unless reasonable ob+ection thereto is made at the ta'ing of the deposition% (e) (s to form of written interrogatories. # 4b+ections to the form of ritten interrogatories submitted under sections *5 and */ of this &ule are aived unless served in riting upon the party propounding them ithin the time allo ed for serving succeeding cross or other interrogatories and ithin three (.) days after service of the last interrogatories authori,ed% (f) (s to manner of preparation.# 0rrors and irregularities in the manner in hich the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or other ise dealt ith by the officer under sections (<, (>, *? and */ of this &ule are aived unless a motion to suppress the deposition or some part thereof is made ith reasonable promptness after such defect is, or ith due diligence might have been, ascertained% (*>a, &*-) RULE !" DEPOSITIONS BEFORE ACTION OR PENDING APPEAL SECTION 1. +epositions before action; petition. # A person ho desires to perpetuate his o n testimony or that of another person regarding any matter that may be cogni,able in any court of the Philippines, may file a verified petition in the court of the place of the residence of any e)pected adverse party% ((a, &(.-)

SEC. !. Contents of petition.# $he petition shall be entitled in the name of the petitioner and shall sho " (a) that the petitioner e)pects to be a party to an action in a court of the Philippines but is presently unable to bring it or cause it to be brought1 (b) the sub+ect matter of the e)pected action and his interest therein1 (c) the facts hich he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it1 (d) the names or a description of the persons he e)pects ill be adverse parties and their addresses so far as 'no n1 and (e)the names and addresses of the persons to be e)amined and the substance of the testimony hich he e)pects to elicit from each, and shall as' for an order authori,ing the petitioner to ta'e the depositions of the persons to be e)amined named in the petition for the purpose of perpetuating their testimony% (*, &(.-)

SEC. 3. %otice and service.# $he petitioner shall serve a notice upon each person named in the petition as an e)pected adverse party, together ith a copy of the petition, stating that the petitioner ill apply to the court, at a time and place named therein, for the order described in the petition% At least t enty (*?) days before the date the hearing, the court shall cause notice thereof to be served on the parties and prospective deponents in the manner provided for service of summons% (.a, &(.-)

SEC. ". Order and e4amination.# If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of +ustice, it shall ma'e an order designating or describing the persons hose deposition may be ta'en and specifying the sub+ect matter of the e)amination and hether the depositions shall be ta'en upon oral e)amination or ritten interrogatories% $he depositions may then be ta'en in accordance ith &ule *. before the hearing% (-a, &(.-)

SEC. #. Reference to court.# Aor the purpose of applying &ule *. to depositions for perpetuating testimony, each reference therein to the court in hich the action is pending shall be deemed to refer to the court in hich the petition for such deposition as filed% (5a, &(.-)%

SEC. $. 'se of deposition.# If a deposition to perpetuate testimony is ta'en under this &ule, or if, although not so ta'en, it ould be admissible in evidence, it may be used in any action involving the same sub+ect matter subse;uently brought in accordance ith the provisions of sections - and 5 of &ule *.% (/a, &(.-)

SEC. 7. +epositions pending appeal.# If an appeal has been ta'en from a +udgment of a court, including the Court of Appeals in proper cases, or before the ta'ing of an appeal if the time therefor has not e)pired, the court in hich the +udgment as rendered may allo the ta'ing of depositions of itnesses to perpetuate their testimony for use in the event of further proceedings in the said court% In such case the party ho desires to perpetuate the testimony may ma'e a motion in the said court for leave to ta'e the depositions, upon the same notice and service thereof as if the action as pending therein% $he motion shall state (a) the name and addresses of the persons to be e)amined and the substance of the testimony hich he e)pects to elicit from each1 and (b) the reason for perpetuating their testimony% If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of +ustice, it y ma'e an order allo ing the depositions to be ta'en, and thereupon the depositions may be ta'en and used in the same manner and under the same conditions as are prescribed in these &ules for depositions ta'en in pending actions% (<a, &(.-)% RULE !#

INTERROGATORIES TO PARTIES

SECTION 1. Interrogatories to parties; service thereof.# 9nder the same conditions specified in section ( of &ule *., any party desiring to elicit material and relevant facts from any adverse parties shall file and serve upon the latter ritten interrogatories to be ans ered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer thereof competent to testify in its behalf% ((a)

SEC. !. (nswer to interrogatories.# $he interrogatories shall be ans ered fully in riting and shall be signed and s orn to by the person ma'ing them% $he party upon hom the interrogatories have been served shall file and serve a copy of the ans ers on the party submitting the interrogatories ithin fifteen ((5) days after service thereof, unless the court, on motion and for good cause sho n, e)tends or shortens the time% (*a)

SEC. 3. Ob"ections to interrogatories.# 4b+ections to any interrogatories may be presented to the court ithin ten ((?) days after service thereof, ith notice as in case of motion1 and ans ers shall be deferred until the ob+ections are resolved, hich shall be at as early a time as is practicable% (.a)

SEC. ". %umber of interrogatories.# @o party may ithout leave of court, serve more than one set of interrogatories to be ans ered by the same party% (-)

SEC. #. Scope and use of interrogatories. # Interrogatories may relate to any matters that can be in;uired into tinder section * of &ule *., and the ans ers may be used for the same purposes provided in section - of the same &ule% (5a)

SEC. $. *ffect of failure to serve written interrogatories.# 9nless thereafter allo ed by the court for good cause sho n and to prevent a failure of +ustice, a party not served ith ritten interrogatories may not be compelled by the adverse party to give testimony in open court, or to give a deposition pending appeal% (n) RULE !$

ADMISSION B ADVERSE PART

SECTION 1. Re6uest for admission.# At any time after issues have been +oined, a party may file and serve upon any other party a ritten re;uest for the admission by the latter of the genuineness of any material and relevant document described in and e)hibited ith the re;uest or of the truth of any material and relevant matter of fact set forth in the re;uest% Copies of the documents shall be delivered ith the re;uest unless copies have already been furnished% ((a)

SEC. !. Implied admission.# 0ach of the matters of hich an admission is re;uested shall be deemed admitted unless, ithin a period designated in the re;uest, hich shall not be less than fifteen ((5) days after service thereof, or ithin such further time as the court may allo on motion, the party to hom the re;uest is directed files and serves upon the party re;uesting the admission a s orn statement either denying specifically the matters of hich an admission is re;uested or setting forth in detail the reasons hy he cannot truthfully either admit or deny those matters%

4b+ections to any re;uest for admission shall be submitted to the court by the party re;uested ithin the period for and prior to the filing of his s orn statement as contemplated in the preceding paragraph and his compliance there ith shall be deferred until such ob+ections are resolved, hich resolution shall be made as early as practicable% (*a)

SEC. 3. *ffect of admission.# Any admission made by a party pursuant to such re;uest is for the purpose of the pending action only and shall not constitute an admission by him for any other purpose nor may the same be used against him in any other proceeding% (.)

SEC. ". #ithdrawal.# $he court may allo the party an admission under this &ule, ithdra or amend it upon such terms as may be +ust% (-)

hether e)press or implied, to

SEC. #. *ffect of failure to file and serve re6uest for admission. # 9nless other ise allo ed by the court for good cause sho n and to prevent a failure of +ustice, a party ho fails to file and serve a re;uest for admission on the adverse party of material and relevant facts at issue hich are, or ought to be ithin the personal 'no ledge of the latter, shall be not be permitted to present evidence on such facts% (n) RULE !7

PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS

SECTION 1. !otion for production or inspection order # 9pon motion of any party sho ing good cause therefor the court in hich an action is pending may (a) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, boo's accounts, letters, photographs, ob+ects or tangible things, not privileged, hich constitute or contain evidence material to any matter involved in the action and hich are in his possession, custody or control1 or (b) order any party to permit entry upon designated land or other property in his possession or control for the purpose of inspecting measuring, surveying, or photographing the property or any designated relevant ob+ect or operation thereon% $he order shall specify the time, place and manner of ma'ing the inspection and ta'ing copies and photographs, and may prescribe such terms and conditions as are +ust% ((a) RULE !8

PH SICAL AND MENTAL E0AMINATION OF PERSONS

SECTION 1. #hen e4amination may be ordered.# In an action in hich the mental or physical condition of a party is in controversy, the court in hich the action is pending may in its discretion order him to submit to a physical or mental e)amination by a physician% (()

SEC. !. Order for e4amination.# $he order for e)amination may be made only on motion for good cause sho n and upon notice to the party to be e)amined and to all other parties, and shall specify the time, place, manner, conditions and scope of the e)amination and the person or persons by hom it is to be made% (*)

SEC. 3. Report of findings.# If re;uested by the party e)amined, the party causing the e)amination to be made shall deliver to him a copy of a detailed ritten report of the e)amining physician setting out his findings and conclusions% After such re;uest and delivery, the party causing the e)amination to be made shall be entitled upon re;uest to receive from the party e)amined a li'e report of e)amination, previously or thereafter made, of the same mental or physical condition% If the party e)amined refuses to deliver such report, the court on motion and notice ma'e an order re;uiring delivery on such terms as are +ust, and if a physician fails or refuses to ma'e such a report the court may e)clude his testimony if offered at the trial% (.a)

SEC. ". #aiver of privilege. # !y re;uesting and obtaining a report of the e)amination so ordered or by ta'ing the deposition of the e)aminer, the party e)amined aives any privilege he may have in that action or any other involving the

same controversy, regarding the testimony of every other person respect of the same mental or physical e)amination% (-) RULE !9

ho has e)amined or may thereafter e)amine him in

REFUSAL TO COMPL &ITH MODES OF DISCOVER

SECTION 1. Refusal to answer. # If a party or other deponent refuses to ans er any ;uestion upon oral e)amination, the e)amination may be completed on other matters or ad+ourned as the proponent of the ;uestion may prefer% $he proponent may thereafter apply to the proper court of the place here the deposition is being ta'en, for an order to compel an ans er% $he same procedure may be availed of hen a party or a itness refuses to ans er any interrogatory submitted under &ules *. or *5%

If the application is granted, the court shall re;uire the refusing party or deponent to ans er the ;uestion or interrogatory and if it also finds that the refusal to ans er as ithout substantial +ustification, it may re;uire the refusing party or deponent or the counsel advising the refusal, or both of them, to pay the proponent the amount of the reasonable e)penses incurred in obtaining the order, including attorneyFs fees%

If the application is denied and the court finds that it as filed ithout substantial +ustification, the court may re;uire the proponent or the counsel advising the filing 4f the application, or both of them, to pay to the refusing party or deponent the amount of the reasonable e)penses incurred in opposing the application, including attorneyFs fees% ((a)

SEC. !. Contempt of court.# If a party or other itness refuses to be s orn or refuses to ans er any ;uestion after being directed to do so by the court of the place in hich the deposition is being ta'en, the refusal may be considered a contempt of that court% (*a)

SEC. 3. Other conse6uences.# If any party or an officer or managing agent of a party refuses to obey an order made under section ( of this &ule re;uiring him to ans er designated ;uestions, or an order under &ule *< to produce any document or other thing for inspection copying, or photographing or to permit it to be done, o to permit entry upon land or other property, or an order made under &ule *= re;uiring him to submit to a physical or mental e)amination, the court may ma'e such orders in regard to the refusal as are +ust, and among others the follo ing"

(a) An order that the matters regarding hich the ;uestions ere as'ed, or the character or description of the thing or land, or the contents of the paper, or the physical or mental condition of the party, or any other designated facts shall be ta'en to be established for the purposes of the action in accordance ith the claim of the party obtaining the order1

(b) An order refusing to allo the disobedient party to support or oppose designated claims or defenses or prohibiting him from introducing in evidence designated documents or things or items of testimony, or from introducing evidence of physical or mental condition1

(c) An order stri'ing out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a +udgment by default against the disobedient party1 and)

(d) In lieu of any of the foregoing orders or in addition thereto, an order directing the arrest of any party r agent of a party for disobeying any of such orders e)cept an order to submit to a physical or mental e)amination% (.a)

SEC. ". *4penses on refusal to admit.# If a party after being served ith a re;uest under &ule */ to admit the genuineness of any document or the truth of any matter of fact, serves a s orn denial thereof and if the party re;uesting the admissions thereafter proves the genuineness of such document or the truth of any such matter of fact, he may apply to the court for an order re;uiring the other party to pay him the reasonable e)penses incurred in ma'ing such proof, including attorneyFs fees% 9nless the court finds that there ere good reasons for the denial or that admissions sought ere of no substantial importance, such order shall be issued% (-a)

SEC. #. 3ailure of party to attend or serve answers.# If a party or an officer or managing agent of a party ilfully fails to appear before the officer ho is to ta'e his deposition, after being served ith a proper notice, or fails to serve ans ers to interrogatories submitted under &ule *5 after proper service of such interrogatories, the court on motion and notice, may stri'e out all or any part of any pleading of that party, or dismiss the action or proceeding or any part thereof, or enter a +udgment by default against that party, and in its discretion, order him to pay reasonable e)penses incurred by the other, including attorneyFs fees% (5)

SEC. $. *4penses against the Republic of the $hilippines. # 0)penses and attorneyFs fees are not to be imposed upon the &epublic of the Philippines under this &ule% (/) RULE 30

TRIAL

SECTION 1. %otice of trial.# 9pon entry of a case in the trial calendar, the cler' shall notify the parties of the date of its trial in such manner as shall ensure his receipt of that notice at least five (5) days before such date% (*a, &**)

SEC. !. (d"ournments and postponements.# A court may ad+ourn a trial from day to day, and to any stated time as the e)peditious and convenient transaction of business may re;uire, but shall have no po er to ad+ourn a trial for a longer period than one month for each ad+ournment, nor more than three months in all, e)cept hen authori,ed in riting by the Court Administrator, Supreme Court% (.a, &**)

SEC. 3. Re6uisites of motion to postpone trial for absence of evidence. # A motion to postpone a trial on the ground of absence of evidence can be granted only upon affidavit sho ing the materiality or relevancy of such evidence, and that due diligence has been used to procure it% !ut if the adverse party admits the facts to be given in evidence, even if he ob+ects or reserves the right to their admissibility, the trial shall not be postponed% (-a, &**)

SEC. ". Re6uisites of motion to postpone trial for illness of party or counsel. # A motion to postpone a trial on the ground of illness of a party or counsel may be granted if it appears upon affidavit or s orn certification that the presence of such party or counsel at the trial is indispensable and that the character of his illness is such as to render his non7 attendance e)cusable% (5a, &**)

SEC. #. Order of trial.# Sub+ect to the provisions of section * of &ule .(, and unless the court for special reasons other ise directs, the trial shall be limited to the issues stated in the pre7trial order and shall proceed as follo s"

(a) $he plaintiff shall adduce evidence in support of his complaint1

(b) $he defendant shall then adduce evidence in support of his defense, counterclaim, cross7claim and third7party complaint1

(c) $he third7party defendant, if any, shall adduce evidence of his defense, counterclaim, cross7claim and fourth7party complaint1

(d) $he fourth7party, and so forth, if any, shall adduce evidence of the material facts pleaded by them1

(e) $he parties against hom any counterclaim or cross7claim has been pleaded, shall adduce evidence in support of their defense, in the order to be prescribed by the court1

(f) $he parties may then respectively adduce rebutting evidence only, unless the court, for good reasons and in the furtherance of +ustice, permits them to adduce evidence upon their original case1 and

(g) 9pon admission of the evidence, the case shall be deemed submitted for decision, unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings%

If several defendants or third7party defendants, and so forth, having separate defenses appear by different counsel, the court shall determine the relative order of presentation of their evidence% ((a, &.?)

SEC. $. greed statement of facts.# $he parties to any action may agree, in riting, upon the facts involved in the litigation, and submit the case for +udgment on the facts agreed upon, ithout the introduction of evidence%

If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts hi such order as the court shall prescribe% (*a, &.?)

SEC. 7. Statement of "udge.# Euring the hearing or trial of a case any statement made by the +udge ith reference to the case, or to any of the parties, itnesses or counsel, shall be made of record in the stenographic notes% (.a, &.?)

SEC. 8. Suspension of actions.# $he suspension of actions shall be governed by the provisions of the Civil Code% (n)

SEC. 9. udge to receive evidence; delegation to cler) of court. # $he +udge of the court here the case is pending shall personally receive the evidence to be adduced by the parties% :o ever, in default or e) parte hearings, and in any case here the parties agree in riting, the court may delegate the reception of evidence to its cler' of court ho is a member of the bar% $he cler' of court shall have no po er to rule on ob+ections to any ;uestion or to the admission of e)hibits, hich ob+ections shall be resolved by the court upon submission of his report and the transcripts ithin ten ((?) days from termination of the hearing% (n) RULE 31

CONSOLIDATION OR SEVERANCE

SECTION 1. Consolidation.# 2hen actions involving a common ;uestion of la or fact are pending before the court, it may order a +oint hearing or trial of any or all the matters in issue in the actions1 it may order all the actions consolidated1 and it may ma'e such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay% (()

SEC. !. Separate trials.# $he court, in furtherance of convenience or to avoid pre+udice, may order a separate trial of any claim, cross7claim, counterclaim, or third7party complaint, or of any separate issue or of any number of claims, cross7 claims, counterclaims, third7party complaints or issues% (*a) RULE 3!

TRIAL B COMMISSIONER

SECTION 1. Reference by consent.# !y ritten consent of both parties, the court may order any or all of the issues in a case to be referred to a commissioner to be agreed upon by the parties or to be appointed by the court% As used in these &ules, the ord 8commissioner8 includes a referee, an auditor and an e)aminer% ((a, &..)

SEC. !. Reference ordered on motion.# 2hen the parties do not consent, the court may, upon the application of either or of its o n motion, direct a reference to a commissioner in the follo ing cases"

(a) 2hen the trial of an issue of fact re;uires the e)amination of a long account on either side, in hich case the commissioner may be directed to hear and report upon the hole issue or any specific ;uestion involved therein1

(b) 2hen the ta'ing of an account is necessary for the information of the court before +udgment, or for carrying a +udgment or order into effect1

(c) 2hen a ;uestion of fact, other than upon the pleadings, arises upon motion or other ise, in any stage of a case, or for

carrying a +udgment or order into effect% (* a, &..)

SEC. 3. Order of reference; powers of the commissioner. # 2hen a reference is made, the cler' shall forth ith furnish the commissioner ith a copy of the order of reference% $he order may specify or limit the po ers of the commissioner, and may direct him to report only upon particular issues, or to do or perform particular acts, or to receive and report evidence only, and may fi) the date for beginning and closing the hearings and for the filing of his report% Sub+ect to the specifications and limitations stated in the order, the commissioner has and shall e)ercise the Po er to regulate the proceedings in every hearing before him and to do all acts and ta'e all measures necessary or Proper for the efficient performance of his duties under the order% :e may issue subpoenas and subpoenas duces tecum s ear itnesses, and unless other ise provided in the order of reference, he may rule upon the admissibility of evidence% $he trial or hearing before him shall proceed in all respects as it ould if held before the court% (.a, &..)

SEC. ". Oath of commissioner.# !efore entering upon his duties the commissioner shall be s orn to a faithful and honest performance thereof% ((-, &..)

SEC. #. $roceedings before commissioner.# 9pon receipt of the order of reference and unless other ise provided therein, the commissioner shall forth ith set a time and place for the first meeting of the parties or their counsel to be held ithin ten ((?) days after the date of the order of reference and shall notify the parties or their counsel% (5a, &..)

SEC. $. 3ailure of parties to appear before commissioner.# If a party fails to appear at the time and place appointed, the commissioner may proceed e) parte or, in his discretion, ad+ourn the proceedings to a future day, giving notice to the absent party or his counsel of the ad+ournment% (/a, &..)

SEC. 7. Refusal of witness.# $he refusal of a itness to obey a subpoena issued by the commissioner or to give evidence before him, shall be deemed a contempt of the court hich appointed the commissioner% (<a, &..)

SEC. 8. Commissioner shall avoid delays.# It is the duty of the commissioner to proceed ith all reasonable diligence% 0ither party, on notice to the parties and commissioner, may apply to the court for an order re;uiring the commissioner to e)pedite the proceedings and to ma'e his report% (=a, &..)

SEC. 9. Report of commissioner.# 9pon the completion of the trial or hearing or proceeding before the commissioner, he shall file ith the court his report in riting upon the matters submitted to him by the order of reference% 2hen his po ers are not specified or limited, he shall set forth his findings of fact and conclusions of la in his report% :e shall attach thereto all e)hibits, affidavits, depositions, papers and the transcript, if any, of the testimonial evidence presented before him% (>a, &..)

SEC. 10. %otice to parties of the filing of report. # 9pon the filing of the report, the parties shall be notified by the cler', and they shall be allo ed ten B4) days ithin hich to signify grounds of ob+ections to the findings of the report, if they so desire% 4b+ections to the report based upon grounds hich ere available to the parties during the proceedings before the commissioner, other than ob+ections to the findings and conclusions therein set forth, shall not be considered by the court unless they ere made before the commissioner% ((?, &..)

SEC. 11. 2earing upon report.# 9pon the e)piration of the period of ten ((?) days referred to in the preceding section, the report shall be set for hearing, after hich the court shall issue an order adopting, modifying, or re+ecting the report in

hole or in part, or recommitting it ith instructions, or re;uiring the parties to present further evidence before the commissioner or the court% (((a, &..)

SEC. 1!. Stipulations as to findings.# 2hen the parties stipulate that a commissioners findings of fact shall be final, only ;uestions of la shall thereafter be considered% ((*a, &..)

SEC. 13. Compensation of commissioner.# $he court shall allo the commissioner such reasonable compensation as the circumstances of the case arrant, to be ta)ed as costs against the defeated party, or apportioned, as +ustice re;uires% ((., &..) RULE 33

DEMURRER TO EVIDENCE

SECTION 1. +emurrer to evidence. # After the plaintiff has completed the presentation of his evidence, the defendant may move for dismissal on the ground that upon the facts and the la the plaintiff has sho n no right to relief% If his motion is denied, he shall have the right to present evidence% If the motion is granted but on appeal the order of dismissal is reversed he shall be deemed to have aived the right to present evidence% ((a, &.5) RULE 3"

'UDGMENT ON THE PLEADINGS

SECTION 1. udgment on the pleadings.# 2here an ans er fails to tender an issue, or other ise admits the material allegations of the adverse partyFs pleading, the court may, on motion of that party, direct +udgment on such pleading% :o ever, in actions for declaration of nullity or annulment of marriage or for legal separation, the material facts alleged in the complaint shall al ays be proved% ((a, &(>) RULE 3#

SUMMAR 'UDGMENTS

SECTION 1. Summary "udgment for claimant. # A party see'ing to recover upon a claim, counterclaim, or cross7claim or to obtain a declaratory relief may, at any time after the pleading in ans er thereto has been served, move ith supporting affidavits, depositions or admissions for a summary +udgment in his favor upon all or any part thereof% ((a, &.-)

SEC. !. Summary "udgment for defending party. # A party against hom a claim, counterclaim, or cross7claim is

asserted or a declaratory relief is sought may, at any time, move ith supporting affidavits, depositions or admissions for a summary +udgment in his favor as to all or any part thereof% (*a, &.-)

SEC. 3. !otion and proceedings thereon.# $he motion shall be served at least ten ((?) days before the time specified for the hearing% $he adverse party may serve opposing affidavits, depositions, or admissions at least three (.) days before the hearing% After the hearing, the +udgment sought shall be rendered forth ith if the pleadings, supporting affidavits, depositions, and admissions on file, sho that, e)cept as to the amount of damages, there is no genuine issue as to any material fact and that the moving party is entitled to a +udgment as a matter of la % (.a, &.-)

SEC. ". Case not fully ad"udicated on motion. # If on motion under this &ule, +udgment is not rendered upon the hole case or for all the reliefs sought and a trial is necessary, the court at the hearing of the motion, by e)amining the pleadings and the evidence before it and by interrogating counsel shall ascertain hat material facts e)ist ithout substantial controversy and hat are actually and in good faith controverted% It shall thereupon ma'e an order specifying the facts that appear ithout substantial controversy, including the e)tent to hich the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are +ust% $he facts so specified shall be deemed established, and the trial shall be conducted on the controverted facts accordingly% (-a, &.-)

SEC. #. 3orm of affidavits and supporting papers. # Supporting and opposing affidavits shall be made on personal 'no ledge, shall set forth such facts as ould be admissible in evidence, and shall sho affirmatively that the affiant is competent to testify to the matters stated therein% Certified true copies of all papers or parts thereof referred to in the affidavit shall be attached thereto or served there ith% (5a, &.-)

SEC. $. (ffidavits in bad faith.# Should It appear to its satisfaction at any time that any of the affidavits presented pursuant to this &ule are presented in bad faith, or solely for the purpose of delay, the court shall forth ith order the offending party or counsel to pay to the other party the amount of the reasonable e)penses hich the filing of the affidavits caused him to incur, including attorneyFs fees It may, after hearing, further ad+udge the offending party or counsel guilty of contempt% (/a, &.-) RULE 3$

'UDGMENTS, FINAL ORDERS AND ENTR THEREOF

SECTION 1. Rendition of "udgments and final orders. # A +udgment or final order determining the merits of the case shall be in riting personally and directly prepared by the +udge, stating clearly and distinctly the facts and the la on hich it is based, signed by him, and filed ith the cler' of the court% ((a)

SEC. !. *ntry of "udgments and final orders. # If no appeal or motion for ne trial or reconsideration is filed ithin the time provided in these &ules, the +udgment or final order shall forth ith be entered by the cler' in the boo' of entries of +udgments% $he date of finality of the +udgment or final order shall be deemed to be the date of its entry% $he record shall contain the dispositive part of the +udgment or final order and shall be signed by the cler', ith a certificate that such +udgment or final order has become final and e)ecutory% (*a, (?, &5()

SEC. 3. udgment for or against one or more of several parties. # Gudgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants% 2hen +ustice so demands, the court may

re;uire the parties on each side to file adversary pleadings as bet een themselves and determine their ultimate rights and obligations% (.)

SEC. ". Several "udgments.# In an action against several defendants, the court may, hen a several +udgment is proper, render +udgment against one or more of them, leaving the action to proceed against the others% (-)

SEC. #. Separate "udgments.# 2hen more than one claim for relief is presented in an action, the court, at any stage, upon a determination of the issues material to a particular claim and all counterclaims arising out of the transaction or occurrence hich is the sub+ect matter of the claim, may render a separate +udgment disposing of such claim% $he +udgment shall terminate the action ith respect to the claim so disposed of and the action shall proceed as to the remaining claims% In case a separate +udgment is rendered, the court by order may stay its enforcement until the rendition of a subse;uent +udgment or +udgments and may prescribe such conditions as may be necessary to secure the benefit thereof to the party in hose favor the +udgment is rendered% (5a)

SEC. $. udgment against entity without "uridical personality.# 2hen +udgment is rendered against t o or more persons sued as an entity ithout +uridical personality, the +udgment shall set out their individual or proper names, if 'no n% (/a) RULE 37

NE& TRIAL OR RECONSIDERATION

SECTION 1. ,rounds of and period for filing motion for new trial or reconsideration. # 2ithin the period for ta'ing an appeal, the aggrieved party may move the trial court to set aside the +udgment or final order and grant a ne trial for one or more of the follo ing causes materially affecting the substantial rights of said party"

(a) Araud, accident, mista'e or e)cusable negligence hich ordinary prudence could not have guarded against and by reason of hich such aggrieved party has probably been impaired in his rights1 or

(b) @e ly discovered evidence, hich he could not ith reasonable diligence, have discovered and produced at the trial, and hich if presented ould probably alter the result%

2ithin the same period, the aggrieved party may also move for reconsideration upon the grounds that the damages a arded are e)cessive, that the evidence is insufficient to +ustify the decision or final order, or that the decision or final order is contrary to la % ((a)

SEC. !. Contents of motion for new trial or reconsideration and notice thereof. # $he motion shall be made in riting stating the ground or grounds therefor, a ritten notice of hich shall be served by the movant on the adverse party%

A motion for ne trial shall be proved in the manner provided for proof of motions% A motion for the cause mentioned in paragraph (a) of the preceding section shall be supported by affidavits of merits hich may be rebutted by affidavits% A motion for the cause mentioned in paragraph (b) shall be supported by affidavits of the itnesses by hom such evidence is e)pected to be given, or by duly authenticated documents hich are proposed to be introduced in evidence%

A motion for reconsideration shall point out specifically the findings or conclusions of the +udgment or final order hich are not supported by the evidence or hich are contrary to la , ma'ing e)press reference to the testimonial or documentary evidence or to the provisions of la alleged to be contrary to such findings or conclusions%

A pro forma motion for ne trial or reconsideration shall not toll the reglementary period of appeal% (*a)

SEC. 3. (ction upon motion for new trial or reconsideration.# $he trial court may set aside the +udgment or final order and grant a ne trial, upon such terms as may be +ust, or may deny the motion% If the court finds that e)cessive damages have been a arded or that the +udgment or final order is contrary to the evidence or la , it may amend such +udgment or final order accordingly% (.a)

SEC. ". Resolution of motion.# A motion for ne trial or reconsideration shall be resolved ithin thirty (.?) days from the time it is submitted for resolution% (n)

SEC. #. Second motion for new trial.# A motion for ne trial shall include all grounds then available and those not so included shall be deemed aived% A second motion for ne trial, based on a ground not e)isting nor available hen the first motion as made, may be filed ithin the time herein provided e)cluding the time during hich the first motion had been pending%

@o party shall be allo ed a second motion for reconsideration of a +udgment or final order% (-a1 -, I&B)

SEC. $. *ffect of granting of motion for new trial. # If a ne trial is granted in accordance ith the provisions of this &ule, the original +udgment or final order shall be vacated, and the action shall stand for trial de novo1 but the recorded evidence ta'en upon the former trial, in so far as the same is material and competent to establish the issues, shall be used at the ne trial ithout reta'ing the same% (5a)

SEC. 7. $artial new trial or reconsideration. # If the grounds for a motion under this &ule appear to the court to affect the issues as to only a part, or less than all of the matter in controversy, or only one, or less than all, of the parties to it, the court may order a ne trial or grant reconsideration as to such issues if severable ithout interfering ith the +udgment or final order upon the rest% (/a)

SEC. 8. *ffect of order for partial new trial. # 2hen less than all of the issues are ordered retried, the court may either enter a +udgment or final order as to the rest, or stay the enforcement of such +udgment or final order until after the ne trial% (<a)

SEC. 9. Remedy against order denying a motion for new trial or reconsideration. # An order denying a motion for ne trial or reconsideration is not appealable, the remedy being an appeal from the +udgment or final order% (n)

RULE 38

RELIEF FROM 'UDGMENTS, ORDERS, OR OTHER PROCEEDINGS

SECTION 1. $etition for relief from, "udgment, order, or other proceedings # 2hen a +udgment or final order is entered, or any other proceeding is thereafter ta'en against a party in any court through fraud, accident, mista'e, or e)cusable negligence, he may file a petition in such court and in the same case praying that the +udgment, order or proceeding be set aside% (*a)

SEC. !. $etition for relief from denial of appeal. # 2hen a +udgment or final order is rendered by any court in a case, and a party thereto, by fraud, accident, mista'e, or e)cusable negligence, has been prevented from ta'ing an appeal, he may file a petition in such court and in the same case praying that the appeal be given due course% ((a)

SEC. 3. Time for filing petition; contents and verification.# A petition provided for in either of the preceding sections of this &ule must be verified, filed ithin si)ty (/?) days after the petitioner learns of the +udgment, final order, or other proceeding to be set aside, and not more than si) (/) months after such +udgment or final order as entered, or such proceeding as ta'en1 and must be accompanied ith affidavits sho ing the fraud, accident, mista'e, or e)cusable negligence relied upon, and the facts constituting the petitionerFs good and substantial cause of action or defense, as the case may be% (.)

SEC. ". Order to file an answer.# If the petition is sufficient in form and substance to +ustify relief, the court in hich it is filed, shall issue an order re;uiring the adverse parties to ans er the same ithin fifteen ((5) days from the receipt thereof% $he order shall be served in such manner as court may direct, together ith copies of the petition and the accompanying affidavits% (-a)

SEC. #. $reliminary in"unction pending proceedings. # $he court in hich the petition is filed, may grant such preliminary in+unction as may be necessary for the preservation of the rights of the parties, upon the filing by the petitioner of a bond in favor of the adverse party, conditioned that if the petition is dismissed or the petitioner fails on the trial of the case upon its merits, he ill pay the adverse party all damages and costs that may be a arded to him by reason of the issuance of such in+unction or the other proceedings follo ing the petition1 but such in+unction shall not operate to discharge or e)tinguish any lien hich the adverse party may have ac;uired upon the property of the petitioner% (5a)

SEC. $. $roceedings after answer is filed. # After the filing of the ans er or the e)piration of the period therefor, the court shall hear the petition and if after such hearing, it finds that the allegations thereof are not true, the petition shall be dismissed1 but if it finds said allegations to be true, it shall set aside the +udgment or final order or other proceeding complained of upon such terms as may be +ust% $hereafter the case shall stand as if such +udgment, final order or other proceeding had never been rendered, issued or ta'en% $he court shall then proceed to hear and determine the case as if a timely motion for a ne trial or reconsideration had been granted by it% (/a)

SEC. 7. $rocedure where the denial of an appeal is set aside. # 2here the denial of an appeal is set aside, the lo er court shall be re;uired to give due course to the appeal and to elevate the record of the appealed case as if a timely and proper appeal had been made% (<a)

RULE 39

E0ECUTION, SATISFACTION AND EFFECT OF 'UDGMENTS

SECTION 1. *4ecution upon "udgments or final orders. # 0)ecution shall issue as a matter of right, on motion, upon a +udgment or order that disposes of the action or proceeding upon the e)piration of the period to appeal therefrom if no appeal has been duly perfected% ((a)

If the appeal has been duly perfected and finally resolved, the e)ecution may forth ith be applied for in the court of origin, on motion of the +udgment obligee, submitting there ith certified true copies of the +udgment or +udgments or final order or orders sought to be enforced and of the entry thereof, ith notice to the adverse party%

$he appellate court may, on motion in the same case, issue the rit of e)ecution% (n)

hen the interest of +ustice so re;uires, direct the court of origin to

SEC. !. +iscretionary e4ecution.#

(a) *4ecution of a "udgment or final order pending appeal.# 4n motion of the prevailing party ith notice to the adverse party filed in the trial court hile it has +urisdiction over the case and is in possession of either the original record or the record on appeal, as the case may be, at the time of the filing of such motion, said court may, in its discretion, order e)ecution of a +udgment or final order even before the e)piration of the period to appeal%

After the trial court has lost +urisdiction, the motion for e)ecution pending appeal may be filed in the appellate court%

Eiscretionary e)ecution may only issue upon good reasons to be stated in a special order after due hearing%

(b) *4ecution of several, separate or partial "udgments. # A several, separate or partial +udgment may be e)ecuted under the same terms and conditions as e)ecution of a +udgment or final order pending appeal% (*a)

SEC. 3. Stay of discretionary e4ecution.# Eiscretionary e)ecution issued under the preceding section may be stayed upon approval by the proper court of a sufficient supersedeas bond filed by the party against hom it is directed, conditioned upon the performance of the +udgment or order allo ed to be e)ecuted in case it shall be finally sustained in hole or in part% $he bond thus given may be proceeded against on motion ith notice to the surety% (.a)

SEC. ". udgments not stayed by appeal.# Gudgments in actions for in+unction, receivership, accounting and support, and such other +udgments as are no or may hereafter be declared to be immediately e)ecutory, shall be enforceable after their rendition and shall not be stayed by an appeal ta'en therefrom, unless other ise ordered by the trial court% 4n appeal therefrom, the appellate court in its discretion may ma'e an order suspending, modifying, restoring or granting the

in+unction, receivership, accounting, or a ard of support%

$he stay of e)ecution shall be upon such terms as to bond or other ise as may be considered proper for the security or protection of the rights of the adverse party% (-a)

SEC. #. *ffect of reversal of e4ecuted "udgment. # 2here the e)ecuted +udgment is reversed totally or partially, or annulled, on appeal or other ise, the trial court may, on motion, issue such orders of restitution or reparation of damages as e;uity and +ustice may arrant under the circumstances% (5a)

SEC. $. *4ecution by motion or by independent action. # A final and e)ecutory +udgment or order may be e)ecuted on motion ithin five (5) years from the date of its entry% After the lapse of such time, and before it is barred by the statute of limitations, a +udgment may be enforced by action% $he revived +udgment may also be enforced by motion ithin five (5) years from the date of its entry and thereafter by action before it is barred by the statute of limitations% (/a)

SEC. 7. *4ecution in case of death of party. # In case of death of a party, e)ecution may issue or be enforced in follo ing manner"

(a) In case of the death of the +udgment obligee, upon the application of his e)ecutor or administrator, or successor in interest1

(b) In case of the death of the +udgment obligor, against his e)ecutor or administrator or successor in interest, if the +udgment be for the recovery of real or personal property, or the enforcement of a lien thereon1

(c) In case of the death of the +udgment obligor, after e)ecution is actually levied upon any of his property, the same may be sold for the satisfaction of the +udgment obligation, and the officer ma'ing the sale shall account to the corresponding e)ecutor or administrator for any surplus in his hands% (<a)

SEC. 8. Issuance, form and contents of a writ of e4ecution. # $he rit of e)ecution shall" (() issue in the name of the &epublic of the Philippines from the court hich granted the motion1 (*) state the name of the court, the case number and title, the dispositive part of the sub+ect +udgment or order1 and (.) re;uire the sheriff or other proper officer to hom it is directed to enforce the rit according to its terms, in the manner hereinafter provided"

(a) If the e)ecution be against the property of the +udgment obligor, to satisfy the +udgment, personal property of such +udgment obligor1

ith interest, out of the real or

(b) If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants, or trustees of the +udgment obligor, to satisfy the +udgment, ith interest, out of such property1

(c) If it be for the sale of real or personal property, to sell such property, describing it, and apply the proceeds in conformity ith the +udgment, the material parts of hich shall be recited in the rit of e)ecution1

(d) If it be for the delivery of the possession of real or personal property, to deliver the possession of the same, describing it, to the party entitled thereto, and to satisfy any costs, damages, rents, or profits covered by the +udgment out of the personal property of the person against hom it as rendered, and if sufficient personal property cannot be found, then out of the real property1 and

(e) In all cases, the rit of e)ecution shall specifically state the amount of the interest, costs, damages, rents, or profits due as of the date of the issuance of the rit, aside from the principal obligation under the +udgment% Aor this purpose, the motion for e)ecution shall specify the amounts of the foregoing reliefs sought by the movant% (=a)

SEC. 9. *4ecution of "udgments for money, how enforced.# (a) Immediate payment on demand.# $he officer shall enforce an e)ecution of a +udgment for money by demanding from the +udgment obligor the immediate payment of the full amount stated in the rit of e)ecution and all la ful fees% $he +udgment obligor shall pay in cash, certified ban' chec' payable to the +udgment obligee, or any other form of payment acceptable to the latter, the amount of the +udgment debt under proper receipt directly to the +udgment obligee or his authori,ed representative if present at the time of payment% $he la ful fees shall be handed under proper receipt to the e)ecuting sheriff ho shall turn over the said amount ithin the same day to the cler' of court of the court that issued the rit%

If the +udgment obligee or his authori,ed representative is not present to receive payment, the +udgment obligor shall deliver the aforesaid payment to the e)ecuting sheriff% $he latter shall turn over all the amounts coming into his possession ithin the same day to the cler' of court of the court that issued the rit, or if the same is not practicable, deposit said amounts to a fiduciary account in the nearest government depository ban' of the &egional $rial Court of the locality%

$he cler' of said court shall thereafter arrange for the remittance of the deposit to the account of the court that issued the rit hose cler' of court shall then deliver said payment to the +udgment obligee in satisfaction of the +udgment% $he e)cess, if any, shall be delivered to the +udgment obligor hile the la ful fees shall be retained by the cler' of court for disposition as provided by la % In no case shall the e)ecuting sheriff demand that any payment by chec' be made payable to him%

(b) Satisfaction by levy.# If the +udgment obligor cannot pay all or part of the obligation in cash, certified ban' chec' or other mode of payment acceptable to the +udgment obligee, the officer shall levy upon the properties of the +udgment obligor of every 'ind and nature hatsoever hich may be disposed of for value and not other ise e)empt from e)ecution giving the latter the option to immediately choose hich property or part thereof may be levied upon, sufficient to satisfy the +udgment% If the +udgment obligor does not e)ercise the option, the officer shall first levy on the personal properties, if any, and then on the real properties if the personal properties are insufficient to ans er for the +udgment%

$he sheriff shall sell only a sufficient portion of the personal or real property of the +udgment obligor hich has been levied upon%

2hen there is more property of the +udgment obligor than is sufficient to satisfy the +udgment and la ful fees, he must sell only so much of the personal or real property as is sufficient to satisfy the +udgment and la ful fees%

&eal property, stoc's, shares, debts, credits, and other personal property, or any interest in either real or personal

property, may be levied upon in li'e manner and ith li'e effect as under a rit of attachment%

(c) ,arnishment of debts and credits.# $he officer may levy on debts due the +udgment obligor and other credits, including ban' deposits, financial interests, royalties, commissions and other personal property not capable of manual delivery in the possession or control of third parties% Hevy shall be made by serving notice upon the person o ing such debts or having in his possession or control such credits to hich the +udgment obligor is entitled% $he garnishment shall cover only such amount as ill satisfy the +udgment and all la ful fees%

$he garnishee shall ma'e a ritten report to the court ithin five (5) days from service of the notice of garnishment stating hether or not the +udgment obligor has sufficient funds or credits to satisfy the amount of the +udgment% If not, the report shall state ho much funds or credits the garnishee holds for the +udgment obligor% $he garnished amount in cash, or certified ban' chec' issued in the name of the +udgment obligee, shall be delivered directly to the +udgment obligee ithin ten ((?) or'ing days from service of notice on said garnishee re;uiring such delivery, e)cept the la ful fees hich shall be paid directly to the court%

In the event there are t o or more garnishees holding deposits or credits sufficient to satisfy the +udgment, the +udgment obligor, if available, shall have the right to indicate the garnishee or garnishees ho shall be re;uired to deliver the amount due1 other ise, the choice shall be made by the +udgment obligee%

$he e)ecuting sheriff shall observe the same procedure under paragraph (a) ith respect to delivery of payment to the +udgment obligee% (=a, (5a)

SEC. 10. *4ecution of "udgments for specific act# (a) Conveyance, delivery of deeds, or other specific acts; vesting title.# If a +udgment directs a party to e)ecute a conveyance of land or personal property, or to deliver deeds or other documents, or to perform any other specific act in connection there ith, and the party fails to comply ithin the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act hen so done shall have li'e effect as if done by the party% If real or personal property is situated ithin the Philippines, the court in lieu of directing a conveyance thereof may by an order divest the title of any party and vest it in others, hich shall have the force and effect of a conveyance e)ecuted in due form of la % ((?a)

(b) Sale of real or personal property.# If the +udgment be for the sale of real or personal property, to sell such property, describing it, and apply the proceeds in conformity ith the +udgment% (=CcDa)

(c) +elivery or restitution of real property. # $he officer shall demand of the person against hom the +udgment for the delivery or restitution of real property is rendered and all persons claiming rights under him to peaceably vacate the property ithin three (.) or'ing days, and restore possession thereof to the +udgment obligee1 other ise, the officer shall oust all such persons therefrom ith the assistance, if necessary, of appropriate peace officers, and employing such means as may be reasonably necessary to reta'e possession, and place the +udgment obligee in possession of such property% Any costs, damages, rents or profits a arded by the +udgment shall be satisfied in the same manner as a +udgment for money% ((.a)

(d) Removed of improvements on property sub"ect of e4ecution.# 2hen the property sub+ect of the e)ecution contains improvements constructed or planted by the +udgment obligor or his agent, the officer shall not destroy, demolish or remove said improvements e)cept upon special order of the court, issued upon motion of the +udgment obligee after due hearing and after the former has failed to remove the same ithin a reasonable time fi)ed by the court% ((-a)

(e) +elivery of personal property.# In +udgments for the delivery of personal property, the officer shall ta'e possession of the same and forth ith deliver it to the party entitled thereto and satisfy any +udgment for money as therein provided% (=a)

SEC. 11. *4ecution of special "udgments.# 2hen a +udgment re;uires the performance of any act other than those mentioned in the t o preceding sections, a certified copy of the +udgment shall be attached to the rit of e)ecution and shall be served by the officer upon the party against hom the same is rendered, or upon any other person re;uired thereby, or by la , to obey the same, and such party or person may be punished for contempt if he disobeys such +udgment% (>a)

SEC. 1!. *ffect of levy on e4ecution as to third persons.# $he levy on e)ecution shall create a lien in favor of the +udgment obligee over the right, title and interest of the +udgment obligor in such property at the time of the levy, sub+ect to liens and encumbrances then e)isting% ((/a)

SEC. 13. $roperty e4empt from e4ecution.# 0)cept as other ise e)pressly provided by la , the follo ing property, and no other, shall be e)empt from e)ecution"

(a) $he +udgment obligorFs family home as provided by la , or the homestead in hich he resides, and land necessarily used in connection there ith1

(b) 4rdinary tools and implements personally used by him in his trade, employment, or livelihood1

(c) $hree horses, or three co s, or three carabaos, or other beasts of burden, such as the +udgment obligor may select necessarily used by him in his ordinary occupation1

(d) :is necessary clothing and articles for ordinary personal use, e)cluding +e elry1

(e) :ousehold furniture and utensils necessary for house'eeping, and used for that purpose by the +udgment obligor and his family, such as the +udgment obligor may select, of a value not e)ceeding one hundred thousand pesos1

(f) Provisions for individual or family use sufficient for four months1

(g) $he professional libraries and e;uipment of +udges, la yers, physicians, pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other professionals, not e)ceeding three hundred thousand pesos in value1

(h) 4ne fishing boat and accessories not e)ceeding the total value of one hundred thousand pesos o ned by a fisherman and by the la ful use of hich he earns his livelihood1

(i) So much of the salaries, ages, or earnings of the +udgment obligor for his personal services ithin the four months preceding the levy as are necessary for the support of his family1

(+) Hettered gravestones1

(') 3onies, benefits, privileges, or annuities accruing or in any manner gro ing out of any life insurance1

(l) $he right to receive legal support, or money or property obtained as such support, or any pension or gratuity from the Bovernment1

(m) Properties specially e)empted by la %

!ut no article or species of property mentioned in this section shall be e)empt from e)ecution issued upon a +udgment recovered for its price or upon a +udgment of foreclosure of a mortgage thereon% ((*a)

SEC. 1". Return of writ of e4ecution.# $he rit of e)ecution shall be returnable to the court issuing it immediately after the +udgment has been satisfied in part or in full% If the +udgment cannot be satisfied in full ithin thirty (.?) days after his receipt of the rit, the officer shall report to the court and state the reason therefor% Such rit shall continue in effect during the period ithin hich the +udgment may be enforced by motion% $he officer shall ma'e a report to the court every thirty (.?) days on the proceedings ta'en thereon until the +udgment is satisfied in full, or its effectivity e)pires% $he returns or periodic reports shall set forth the hole of the proceedings ta'en, and shall be filed ith the court and copies thereof promptly furnished the parties% (((a)

SEC. 1#. %otice of sale of property on e4ecution.# !efore the sale of property on e)ecution, notice thereof must be given as follo s"

(a) In case of perishable property, by posting ritten notice of the time and place of the sale in three (.) public places, preferably in conspicuous areas of the municipal or city hall, post office and public mar'et in the municipality or city here the sale is to ta'e place, for such time as may be reasonable, considering the character and condition of the property1

(b) In case of other personal property, by posting a similar notice in the three (.) public places above7mentioned for not less than five (5) days1

(c) In case of real property, by posting for t enty (*?) days in the three (.) public places above7mentioned a similar notice particularly describing the property and stating here the property is to be sold, and if the assessed value of the property e)ceeds fifty thousand (P5?,???%??) pesos, by publishing a copy of the notice once a ee' for t o (*) consecutive ee's in one ne spaper selected by raffle, hether in 0nglish, Ailipino, or any ma+or regional language published, edited and circulated or, in the absence thereof, having general circulation in the province or city1

(d) In all cases, ritten notice of the sale shall be given to the +udgment obligor, at least three (.) days before the sale, e)cept as provided in paragraph (a) hereof here notice shall be given at any time before the sale, in the same manner as personal service of pleadings and other papers as provided by section / of &ule (.%

$he notice shall specify the place, date and e)act time of the sale hich should not be earlier than nine oFcloc' in the morning and not later than t o oFcloc' in the afternoon% $he place of the sale may be agreed upon by the parties% In the absence of such agreement, the sale of real property or personal property not capable of manual delivery shall be held in the office of the cler' of court of the &egional $rial Court or the 3unicipal $rial Court hich issued the rit or hich as designated by the appellate court% In the case of personal property capable of manual delivery, the sale shall be held in the place here the property is located% ((=a)

SEC. 1$. $roceedings where property claimed by third person. # If the property levied on is claimed by any person other than the +udgment obligor or his agent, and such person ma'es an affidavit of his title thereto or right to the possession thereof, stating the grounds of such right or title, and serves the same upon the officer ma'ing the levy and a copy thereof upon the +udgment obligee, the officer shall not be bound to 'eep the property, unless such +udgment obligee, on demand of the officer, files a bond approved by the court to indemnify the third7party claimant in a sum not less than the value of the property levied on% In case of disagreement as to such value, the same shall be determined by the court issuing the rit of e)ecution% @o claim for damages for the ta'ing or 'eeping of the property may be enforced against the bond unless the action therefor is filed ithin one hundred t enty ((*?) days from the date of the filing of the bond%

$he officer shall not be liable for damages for the ta'ing or 'eeping of the property, to any third7party claimant if such bond is filed% @othing herein contained shall prevent such claimant or any third person from vindicating his claim to the property in a separate action, or prevent the +udgment obligee from claiming damages in the same or a separate action against a third7party claimant ho filed a frivolous or plainly spurious claim%

2hen the rit of e)ecution is issued in favor of the &epublic of the Philippines, or any officer duly representing it, the filing of such bond shall not be re;uired, and in case the sheriff or levying officer is sued for damages as a result of the levy, he shall be represented by the Solicitor Beneral and if held liable therefor, the actual damages ad+udged by the court shall be paid by the @ational $reasurer out of such funds as may be appropriated for the purpose% ((<a)

SEC. 17. $enalty for selling without notice, or removing or defacing notice. # An officer selling ithout the notice prescribed by section (5 of this &ule shall be liable to pay punitive damages in the amount of five thousand (P5,???%??) pesos to any person in+ured thereby, in addition % to his actual damages, both to be recovered by motion in the same action1 and a person illfully removing or defacing the notice posted, if done before the sale, or before the satisfaction of the +udgment if it be satisfied before the sale, shall be liable to pay five thousand (P5, ???%???) pesos to any person in+ured by reason thereof, in addition to his actual damages, to be recovered by motion in the same action% ((>a)

SEC. 18. %o sale if "udgment and costs paid. # At any time before the sale of property on e)ecution, the +udgment obligor may prevent the sale by paying the amount re;uired by the e)ecution and the costs that have been incurred therein% (*?a)

SEC. 19. 2ow property sold on e4ecution; who may direct manner and order of sale. # All sales of property under e)ecution must be made at public auction, to the highest bidder, to start, at the e)act time fi)ed in the notice% After sufficient property has been sold to satisfy the e)ecution, no more shall be sold and any e)cess property or proceeds of the sale shall be promptly delivered to the +udgment obligor or his authori,ed representative, unless other ise directed by the +udgment or order of the court% 2hen the sale is of real property, consisting of several 'no n lots, they must be sold

separately1 or, hen a portion of such real property is claimed by a third person, he may re;uire it to be sold separately% 2hen the sale is of personal property capable of manual delivery, it must be sold ithin vie of those attending the same and in such parcels as are li'ely to bring the highest price% $he +udgment obligor, if present at the sale, may direct the order in hich property, real or personal, shall be sold, hen such property consists of several 'no n lots or parcels hich can be sold to advantage separately% @either the officer conducting the e)ecution sale, nor his deputies, can become a purchaser, nor be interested directly or indirectly in any purchase at such sale% (*(a)

SEC. !0. Refusal of purchaser to pay. # If a purchaser refuses to pay the amount bid by him for property struc' off to him at a sale under e)ecution, the officer may again sell the property to the highest bidder and shall not be responsible for any loss occasioned thereby1 but the court may order the refusing purchaser to pay into the court the amount of such loss, ith costs, and may punish him for contempt if he disobeys the order% $he amount of such payment shall be for the benefit of the person entitled to the proceeds of the e)ecution, unless the e)ecution has been fully satisfied, in hich event such proceeds shall be for the benefit of the +udgment obligor% $he officer may thereafter re+ect any subse;uent bid of such purchaser ho refuses to pay% (**a)

SEC. !1. udgment obligee as purchaser.# 2hen the purchaser is the +udgment obligee, and no third7party claim has been filed, he need not pay the amount of the bid if it does not e)ceed the amount of his +udgment% If it does, he shall pay only the e)cess% (*.a)

SEC. !!. (d"ournment of sale.# !y ritten consent of the +udgment obligor and obligee, or their duly authori,ed representatives, the officer may ad+ourn the sale to any date and time agreed upon by them% 2ithout such agreement, he may ad+ourn the sale from day to day if it becomes necessary to do so for lac' of time to complete the sale on the day fi)ed in the notice or the day to hich it as ad+ourned% (*-a)

SEC. !3. Conveyance to purchaser of personal property capable of manual delivery. # 2hen the purchaser of any personal property, capable of manual delivery, pays the purchase price, the officer ma'ing the sale must deliver the property to the purchaser and, if desired, e)ecute and deliver to him a certificate of sale% $he sale conveys to the purchaser all the rights hich the +udgment obligor had in such property as of the date of the levy on e)ecution or preliminary attachment% (*5a)

SEC. !". Conveyance to purchaser of personal property not capable of manual delivery. # 2hen the purchaser of any personal property, not capable of manual delivery, pays the purchase price, the officer ma'ing the sale must e)ecute and deliver to the purchaser a certificate of sale% Such certificate conveys to the purchaser all the rights hich the +udgment obligor had in such property as of the date of the levy on e)ecution or preliminary attachment% (*/a)

SEC. !#. Conveyance of real property; certificate thereof given to purchaser and filed with registry of deeds. # 9pon a sale of real property, the officer must give to the purchaser a certificate of sale containing"

(a) A particular description of the real property sold1

(b) $he price paid for each distinct lot or parcel1

(c) $he

hole price paid by him1

(d) A statement that the right of redemption e)pires one (() year from date of the registration of the certificate of sale%

Such certificate must be registered in the registry of deeds of the place here the property is situated% (*<a)

SEC. !$. Certificate of sale where property claimed by third person. # 2hen a property sold by virtue of a rit of e)ecution has been claimed by a third person, the certificate of sale to be issued by the sheriff pursuant to sections *.,*and *5 of this &ule shall ma'e e)press mention of the e)istence of such third7party claim% (*=a)

SEC. !7. #ho may redeem real property so sold. # &eal property sold as provided in the last preceding section, or any part thereof sold separately, may be redeemed in the manner hereinafter provided, by the follo ing persons"

(a) $he +udgment obligor, or his successor in interest in the

hole or any part of the property1

(b) A creditor having a lien by virtue of an attachment, +udgment or mortgage on the property sold, or on some part thereof, subse;uent to the lien under hich the property as sold% Such redeeming creditor is termed a redemptioner% (*>a)

SEC. !8. Time and manner of, and amounts payable on, successive redemptions; notice to be given and filed. # $he +udgment obligor, or redemptioner, may redeem the property from the purchaser, at any time ithin one (() year from the date of the registration of the certificate of sale, by paying the purchaser the amount of his purchase, ith one per centum per month interest thereon in addition, up to the time of redemption, together ith the amount of any assessments or ta)es hich the purchaser may have paid thereon after purchase, and interest on such last named amount at the same rate1 and if the purchaser be also a creditor having a prior lien to that of the redemptioner, other than the +udgment under hich such purchase as made, the amount of such other lien, ith interest%

Property so redeemed may again be redeemed ithin si)ty (/?) days after the last redemption upon payment of the sum paid on the last redemption, ith t o per centum thereon in addition, and the amount of any assessments or ta)es hich the last redemptioner may have paid thereon after redemption by him, ith interest on such last7named amount, and in addition, the amount of any liens held by said last redemptioner prior to his o n, ith interest% $he property may be again, and as often as a redemptioner is so disposed, redeemed from any previous redemptioner ithin si)ty (/?) days after the last redemption, on paying the sum paid on the last previous redemption, ith t o per centum thereon in addition, and the amounts of any assessments or ta)es hich the last previous redemptioner paid after the redemption thereon, ith interest thereon, and the amount of any liens held by the last redemptioner prior to his o n, ith interest%

2ritten notice of any redemption must be given to the officer ho made the sale and a duplicate filed ith the registry of deeds of the place, and if any assessments or ta)es are paid by the redemptioner or if he has or ac;uires any lien other than that upon hich the redemption as made, notice thereof must in li'e manner be given to the officer and filed ith the registry of deeds1 if such notice be not filed, the property may be redeemed ithout paying such assessments, ta)es, or liens% (.?a)

SEC. !9. *ffect of redemption by "udgment obligor, and a certificate to be delivered and recorded thereupon; to whom payments on redemption made. # If the +udgment obligor redeems, he must ma'e the same payments as are

re;uired to effect a redemption by a redemptioner, hereupon, no further redemption shall be allo ed and be is restored to his estate% $he person to hom the redemption payment is made must e)ecute and deliver to him a certificate of redemption ac'no ledged before a notary public or other officer authori,ed to ta'e ac'no ledgments of conveyances of real property% Such certificate must be filed and recorded in the registry of deeds of the place in hich the property is situated, and the registrar of deeds must note the record thereof on the margin of the record of the certificate of sale% $he payments mentioned in this and the last preceding sections may be made to the purchaser or redemptioner, or for him to the officer ho made the sale% (.(a)

SEC. 30. $roof re6uired of redemptioner.# A redemptioner must produce to the officer, or person from hom he see's to redeem, and serve ith his notice to the officer a copy of the +udgment or final order under hich he claims the right to redeem, certified by the cler' of the court herein the +udgment or final order is entered1 or, if he redeems upon a mortgage or other lien, a memorandum of the record thereof, certified by the registrar of deeds1 or an original or certified copy of any assignment necessary to establish his claim1 and an affidavit e)ecuted by him or his agent, sho ing the amount then actually due on the lien% (.*a)

SEC. 31. !anner of using premises pending redemption; waste restrained. # 9ntil the e)piration of the time allo ed for redemption, the court may, as in other proper cases, restrain the commission of aste on the property by in+unction, on the application of the purchaser or the +udgment obligee, ith or ithout notice1 but it is not aste for a person in possession of the property at the time of the sale, or entitled to possession after ards, during the period allo ed for redemption, to continue to use it in the same manner in hich it as previously used1 or to use it in the ordinary course of husbandry1 or to ma'e the necessary repairs to buildings thereon hile he occupies the property% (..a)

SEC. 3!. Rents, earnings and income of property pending redemption. # $he purchaser or a redemptioner shall not be entitled to receive the rents, earnings and income of the property sold on e)ecution, or the value of the use and occupation thereof hen such property is in the possession of a tenant% All rents, earnings and income derived from the property pending redemption shall belong to the +udgment obligor until the e)piration of his period of redemption% (.-a)

SEC. 33. +eed and possession to be given at e4piration of redemption period; by whom e4ecuted or given. # If no redemption be made ithin one (() year from the date of the registration of the certificate of sale, the purchaser is entitled to a conveyance and possession of the property1 or, if so redeemed henever si)ty (/?) days have elapsed and no other redemption has been made, and notice thereof given, and the time for redemption has e)pired, the last redemptioner is entitled to the conveyance and possession1 but in all cases the +udgment obligor shall have the entire period of one (() year from the date of the registration of the sale to redeem the property% $he deed shall be e)ecuted by the officer ma'ing the sale or by his successor in office, and in the latter case shall have the same validity as though the officer ma'ing the sale had continued in office and e)ecuted it%

9pon the e)piration of the right of redemption, the purchaser or redemptioner shall be substituted to and ac;uire all the rights, title, interest and claim of the +udgment obligor to the property as of the time of the levy% $he possession of the property shall be given to the purchaser or last redemptioner by the same officer unless a third party is actually holding the property adversely to the +udgment obligor% (.5a)

SEC. 3". Recovery of price if sale not effective; revival of "udgment. # If the purchaser of real property sold on e)ecution, or his successor in interest, fails to recover the possession thereof, or is evicted therefrom, in conse;uence of irregularities in the proceedings concerning the sale, or because the +udgment has been reversed or set aside, or because the property sold as e)empt from e)ecution, or because a third person has vindicated his claim to the property, he may on motion in the same action or in a separate action recover from the +udgment obligee the price paid, ith interest, or so much thereof as has not been delivered to the +udgment obligor1 or he may, on motion, have the original +udgment revived in his name for the hole price ith interest, or so much thereof as has been delivered to the +udgment obligor% $he +udgment so revived shall have the same force and effect as an original +udgment ould have as of the date of the revival and no more% (./a)

SEC. 3#. Right to contribution or reimbursement. # 2hen property liable to an e)ecution against several persons is sold thereon, and more than a due proportion of the +udgment is satisfied out of the proceeds of the sale of the property of one of them, or one of them pays, ithout a sale, more than his proportion, he may compel a contribution from the others1 and hen a +udgment is upon an obligation of one of them, as security for another, and the surety pays the amount, or any part thereof, either by sale of his property or before sale, he may compel repayment from the principal% (.<a)

SEC. 3$. *4amination of "udgment obligor when "udgment unsatisfied. # 2hen the return of a rit of e)ecution issued against property of a +udgment obligor, or any one of several obligors in the same +udgment, sho s that the +udgment remains unsatisfied, in hole or in part, the +udgment obligee, at any time after such return is made, shall be entitled to an order from the court hich rendered the said +udgment, re;uiring such +udgment obligor to appear and be e)amined concerning his property and income before such court or before a commissioner appointed by it, at a specified time and place1 and proceedings may thereupon be had for the application of the property and income of the +udgment obligor to ards the satisfaction of the +udgment% !ut no +udgment obligor shall be so re;uired to appear before a court or commissioner outside the province or city in hich such obligor resides or is found% (.=a)

SEC. 37. *4amination of obligor of "udgment obligor.# 2hen the return of a rit of e)ecution against the property of a +udgment obligor sho s that the +udgment remains unsatisfied, in hole or in part, and upon proof to the satisfaction of the court hich issued the rit, that a person, corporation, or other +udicial entity has property of such +udgment obligor or is indebted to him, the court may, by an order, re;uire such person, corporation, or other +uridical entity, or any officer or member thereof, to appear before the court or a commissioner appointed by it, at a time and place ithin the province or city here such debtor resides or is found, and be e)amined concerning the same% $he service of the order shall bind all credits due the +udgment obligor and all money and property of the +udgment obligor in the possession or in the control of such person, corporation, or +udicial entity from the time of service1 and the court may also re;uired notice of such proceeding to be given to any party to the action in such manner as it may deem proper% (.>a)

SEC. 38. *nforcement of attendance and conduct of e4amination. # A party or other person may be compelled, by an order or subpoena, to a attend before the court or commissioner to testify as provided in the t o preceding sections, and upon failure to obey such other or subpoena or to be s orn, or to ans er as a itness or to subscribe his disposition, may be punished for contempt as other cases% 0)aminations shall not be unduly prolonged, but the proceedings may be ad+ourned from time to time, until they are completed% If the e)amination is before a commissioner, he must ta'e it in riting and certify it to the court% All e)aminations and ans ers before a court a commissioner must be under oath, and hen a corporation or other +uridical entity ans er, it must be on the oath of an authori,ed officer or agent thereof% (-?a)

SEC. 39. Obligor may pay e4ecution against obligee. # After a rit of e)ecution against property has been issued, a person indebted to the +udgment obligor may pay to the sheriff holding the rit of e)ecution the amount of his debt or so much thereof as may be necessary to satisfy the +udgment, in the manner prescribed in section > of this &ule, and the sheriffIs receipt shall be a sufficient discharge for the amount so paid or directed to be credited by the +udgment obligee on the e)ecution% (-(a)

SEC. "0. Order for application of property and income to satisfaction of "udgment %# $he court may order any property of the +udgment obligor, or money due him, not e)empt from e)ecution, in the hands of either himself or another person, or of a corporation or other +uridical entity, to be applied to the satisfaction of the +udgment, sub+ect to any prior rights over such property%

If, upon investigation of his current income and e)penses, it appears that the earnings of the +udgment obligor for his personal services are more than necessary for the support of his family, the court may order that he pay the +udgment in fi)ed monthly installments, and upon his failure to pay any such installment hen due ithout good e)cuse, may punish

him for indirect contempt% (-*a)

SEC. "1. (ppointment of receiver.# $he court may appoint a receiver of the property of the +udgment obligor1 and it may also forbid a transfer or other disposition of, or any interference ith, the property of the +udgment obligor not e)empt from e)ecution% (-.a)

SEC. "!. Sale of ascertainable interest of "udgment obligor in real estate. # If it appears that the +udgment obligor has an interest fin real estate in the place in hich proceedings are had, as mortgagor or mortgagee or other ise, and his interest therein can be ascertained ithout controversy, the receiver may be ordered to sell and convey such real estate or the interest of the obligor therein1 and such sale shall be conducted in all respects in the same manner as is provided for the sale of real estate upon e)ecution, and the proceedings thereon shall be approved by the court before the e)ecution of the deed% (--a)

SEC. "3. $roceedings when indebtedness denied or another person claims the property. # If it appears that a person or corporation, alleged to have property of the +udgment obligor or to be indebted to him, claims an in the property adverse to him or denies the debt, the court may authori,e, by an order made to that effect, the +udgment obligee to institute an action against such or corporation for the recovery of such interest or debt forbid a transfer or other disposition of such interest or debt ith one hundred t enty ((*?) days from notice of the order a may punish disobedience of such order as for contempt% Such order may be modified or vacated at any time by the court hich issued it, or by the court in hich the action is brought, upon such terms as may be +ust% (-5a)

SEC. "". *ntry of satisfaction of "udgment by cler) of court. # Satisfaction of a +udgment shall be entered by the cler' of court in the court doc'et, and in the e)ecution boo' upon the return of a rit of e)ecution sho ing the full satisfaction of the +udgment, or upon the filing of an admission to the satisfaction of the +udgment e)ecuted and ac'no ledged in the same manner as a conveyance of real property by the +udgment obligee or by his counsel unless a revocation of his authority is filed, or upon the endorsement of such admission by the +udgment obligee or his counsel on the face of the record of the +udgment% (-/a)

SEC. "#. *ntry of satisfaction with or without admission. # 2henever a +udgment is satisfied in fact, or other ise than upon an e)ecution, on demand of the +udgment obligor, the +udgment obligee or his counsel must e)ecute and ac'no ledge, or indorse, an admission of the satisfaction as provided in the last preceding section, and after notice and upon motion the court may order either the +udgment obligee or his counsel to do so, or may order the entry of satisfaction to be made ithout such admission% (-<a)

SEC. "$. #hen principal bound by "udgment against surety. # 2hen a +udgment is rendered against a party ho stands as surety for another, the latter is also bound from the tune that he has notice of the action or proceeding, and an opportunity at the suretyFs re;uest to +oin in the defense%

SEC. "7. *ffect of "udgments or final orders. # $he effect of a +udgment or final order rendered by a court of the Philippines, having +urisdiction to pronounce the +udgment or final order, may be as follo s"

(a) In case of a +udgment or final order against a specific thing or m respect to the probate of a ill, or the administration of the estate of a deceased person, or in respect to the personal, political, or legal condition or status of a particular person or his relationship to another, the +udgment or final order, is conclusive upon the title to the thing, the ill or administration, or the condition, status or relationship of the person1 ho ever, the probate of a ill or granting of letters of administration shall only be prima facie evidence of the death of the testator or intestate1

(b) In other cases, the +udgment or final order is, ith respect to the matter directly ad+udged or as to any other matter that could have been raised in relation thereto, conclusive bet een the parties and their successors in interest by title subse;uent to the commencement of the action or special proceeding, litigating for the same thing and under the same title and in the same capacity1 and

(c) In any other litigation bet een the same parties or their successors in interest, that only is deemed to have been ad+udged in a former +udgment or final order hich appears upon its face to have been so ad+udged, or hich as actually and necessarily included therein or necessary thereto% (->a)

SEC. "8. *ffect of foreign "udgments or final orders. # $he effect of a +udgment or final order of a tribunal of a foreign country, having +urisdiction to render the +udgment or final order is as follo s"

(a) In case of a +udgment or final order upon a specific thing, the +udgment or final order is conclusive upon the title to the thing1 and

(b) In case of a +udgment or final order against a person, the +udgment or final order is presumptive evidence of a right as bet een the parties and their successors in interest by a subse;uent title%

In either case, the +udgment or final order may be repelled by evidence of a ant of +urisdiction, collusion, fraud, or clear mista'e of la or fact% (5?a) APPEALS

ant of notice to the party,

RULE "0

APPEAL FROM MUNICIPAL TRIAL COURTS TO THE REGIONAL TRIAL COURTS

SECTION 1. #here to appeal.# An appeal from a +udgment or final order of a 3unicipal $rial Court may be ta'en to the &egional $rial Court e)ercising +urisdiction over the area to hich the former pertains% $he title of the case shall remain as it as in the court of origin, but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee% (n)

SEC. !. #hen to appeal.# An appeal may be ta'en ithin fifteen ((5) days after notice to the appellant of the +udgment or final order appealed from% 2here a record on appeal is re;uired, the appellant shall file a notice of appeal and a record on appeal ithin thirty (.?) days after notice of the +udgment or final order%

$he period of appeal shall be interrupted by a timely motion for ne

trial or reconsideration% @o motion for e)tension of

time to file a motion for ne trial or reconsideration shall be allo ed% (n)

SEC. 3. 2ow to appeal.# $he appeal is ta'en by filing a notice of appeal ith the court that rendered the +udgment or final order appealed from% $he notice of appeal shall indicate the parties to the appeal, the +udgment or final order or part thereof appealed from, and state the material dates sho ing the timeliness of the appeal%

A record on appeal shall be re;uired only in special proceedings and in other cases of multiple or separate appeals%

$he form and contents of the record on appeal shall be as provided in section /, &ule -(%

Copies of the notice of appeal, and the record on appeal here re;uired, shall be served on the adverse party% (n)

SEC. ". $erfection of appeal; effect thereof. # $he perfection of the appeal and the effect thereof shall be governed by the provisions of section >, &ule -(% (n)

SEC. #. (ppellate court doc)et and other lawful fees.# 2ithin the period for ta'ing an appeal, the appellant shall pay to the cler' of the court hich rendered the +udgment or final order appealed from the full amount of the appellate court doc'et and other la ful fees% Proof of payment thereof shall be transmitted to the appellate court together ith the original record or the record on appeal, as the case may be% (n)

SEC. $. +uty of the cler) of court.# 2ithin fifteen ((5) days from the perfection of the appeal, the cler' of court or the branch cler' of court of the lo er court shall transmit the original record or the record on appeal, together ith the transcripts and e)hibits, hich he shall certify as complete, to the proper &egional $rial Court% A copy of his letter of transmittal of the records to the appellate court shall be furnished the parties% (n)

SEC. 7. $rocedure in the Regional Trial Court. #

(a) 9pon receipt of the complete record or the record on appeal, the cler' of court of the &egional $rial Court shall notify the parties of such fact%

(b) 2ithin fifteen ((5) days from such notice, it shall be the duty of the appellant to submit a memorandum hich shall briefly discuss the errors imputed to the lo er court, a copy of hich shall be furnished by him to the adverse party% 2ithin fifteen ((5) days from receipt of the appellantFs memorandum, the appellee may file his memorandum%

Aailure of the appellant to file a memorandum shall be a ground for dismissal of the appeal%

(c) 9pon the filing of the memorandum of the appellee or the e)piration of the period to do so, the case shall be considered submitted for decision% $he &egional $rial Court shall decide the case on the basis of the entire record of the

proceedings had in the court of origin and such memoranda as are filed% (n)

SEC. 8. (ppeal from orders dismissing case without trial; lac) of "urisdiction. # If an appeal is ta'en from an order of the lo er court dismissing the case ithout a trial on the merits, the &egional $rial Court may affirm or reverse it, as the case may be% In case of affirmance and the ground of dismissal is lac' of +urisdiction over the sub+ect matter, the &egional $rial Court, if it has +urisdiction thereover, shall try the case on the merits as if the case as originally filed ith it% In case of reversal, the case shall be remanded for further proceedings%

If the case as tried on the merits by the lo er court ithout +urisdiction over the sub+ect matter, the &egional $rial Court on appeal shall not dismiss the case if it has original +urisdiction thereof, but shall decide the case in accordance ith the preceding section, ithout pre+udice to the admission of amended pleadings and additional evidence in the interest of +ustice% (n)

SEC. 9. (pplicability of Rule 9:. # $he other provisions of &ule -( shall apply to appeals provided for herein insofar as they are not inconsistent ith or may serve to supplement the provisions of this &ule% (n) RULE "1

APPEAL FROM THE REGIONAL TRIAL COURTS

SECTION 1. Sub"ect of appeal.# An appeal may be ta'en from a +udgment or final order that completely disposes of the case, or of a particular matter therein hen declared by these &ules to be appealable% @o appeal may be ta'en from" (a) An order denying a motion for ne trial or reconsideration1

(b) An order denying a petition for relief or any similar motion see'ing relief from +udgment1

(c) An interlocutory order1

(d) An order disallo ing or dismissing an appeal1

(e) An order denying a motion to set aside a +udgment by consent, confession or compromise on the ground of fraud, mista'e or duress, or any other ground vitiating consent1

(f) An order of e)ecution1

(g) A +udgment or final order for or against one or more of several parties or in separate claims,

counterclaims, cross7claims and third7party complaints, hile the main case is pending, unless the court allo s an appeal therefrom1 and

(h) An order dismissing an action ithout pre+udice%

In all the above instances here the +udgment or final order is not appealable, the aggrieved party may file an appropriate special civil action under &ule /5% (n)

SEC. !. !odes of appeal.#

(a) Ordinary appeal# $he appeal to the Court of Appeals in cases decided by the &egional $rial Court in the e)ercise of its original +urisdiction shall be ta'en by filing a notice of appeal ith the court hich rendered the +udgment or final order appealed from and serving a copy thereof upon the adverse party% @o record on appeal shall be re;uired e)cept in special proceedings and other cases of multiple or separate appeals here the la or these &ules so re;uire% In such cases, the record on appeal shall be filed and served in %li'e manner%

(b) $etition for review.# $he appeal to the Court of Appeals in cases decided by the &egional $rial Court in the e)ercise of its appellate +urisdiction shall be by petition for revie in accordance ith &ule -*%

(c) (ppeal by certiorari.#7 In all cases here only Juestions of la are raised or involved, the appeal shall be to the Supreme Court by petition for revie on certiorari in accordance ith &ule -5% (n)

SEC. 3. $eriod of ordinary appeal.# $he appeal shall be ta'en ithin fifteen ((5) days from notice of the +udgment or final order appealed from% 2here a record on appeal is re;uired, the appellant shall file a notice of appeal and a record on appeal ithin thirty (.?) days from notice of the +udgment or final order%

$he period of appeal shall be interrupted by a timely motion for ne trial or reconsideration% @o motion for e)tension of time to file a motion for ne trial or reconsideration shall be allo ed% (n)

SEC. ". (ppellate court doc)et and other lawful fees.# 2ithin the period for ta'ing an appeal, the appellant shall pay to the cler' of the court hich rendered the +udgment or final order appealed from, the full amount of the appellate court doc'et and other la ful fees% Proof of payment of said fees shall be transmitted to the appellate court together ith the original record or the record on appeal% (n)

SEC. #. %otice of appeal.# $he notice of appeal shall indicate the parties to the appeal, specify the +udgment or final order or part thereof appealed from, specify the court to hich the appeal is being ta'en, and state the material dates sho ing the timeliness of the appeal% (-a)

SEC. $. Record on appeal; form and contents thereof.# $he full names of all the parties to the proceedings shall be

stated in the caption of the record on appeal and it shall include the +udgment or final order from hich the appeal is ta'en and, in chronological order, copies of only such pleadings, petitions, motions and all interlocutory orders as are related to the appealed +udgment or final order for the proper understanding of the issue involved, together ith such data as ill sho that the appeal as perfected on time% If an issue of fact is to be raised on appeal, the record on appeal shall include by reference all the evidence, testimonial and documentary, ta'en upon the issue involved% $he reference shall specify the documentary evidence by the e)hibit numbers or letters by hich it as identified hen admitted or offered at the hearing, and the testimonial evidence by the names of the corresponding itnesses% If the hole testimonial and documentary evidence in the case is to be included, a statement to that effect ill be sufficient ithout mentioning the names of the itnesses or the numbers or letters of e)hibits% 0very record on appeal e)ceeding t enty (*?) pages must contain a sub+ect inde)% (/a)

SEC. 7. (pproval of record on appeal.# 9pon the filing of the record on appeal for approval and if no ob+ection is filed by the appellee ithin five (5) days from receipt of a copy thereof, the trial court may approve it as presented or upon its o n motion or at the instance of the appellee, may direct its amendment by the inclusion of any omitted matters hich are deemed essential to the determination of the issue of la or fact involved in the appeal% If the trial court orders the amendment of the record, the appellant, ithin the time limited in the order, or such e)tension thereof as may be granted, or if no time is fi)ed by the order ithin ten ((?) days from receipt thereof, shall redraft the record by including therein, in their proper chronological se;uence, such additional matters as the court may have directed him to incorporate, and shall thereupon submit the redrafted record for approval, upon notice to the appellee, in li'e manner as the original draft% (<a)

SEC. 8. oint record on appeal.# 2here both parties are appellants, they may file a +oint record on appeal ithin the time fi)ed by section . of this &ule, or that fi)ed by the court% (=a)

SEC. 9. $erfection of appeal; effect thereof. # A partyFs appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time%

A partyFs appeal by record on appeal is deemed perfected as to him ith respect to the sub+ect matter thereof upon the approval of the record on appeal filed in due time%

In appeals by notice of appeal, the court loses +urisdiction over the case upon the perfection of the appeals filed in due time and the e)piration of the time to appeal of the other parties%

In appeals by record on appeal, the court loses +urisdiction only over the sub+ect matter thereof upon the approval of the records on appeal filed in due time and the e)piration of the time to appeal of the other parties%

In either case, prior to the transmittal of the original record or the record on appeal, the court may issue orders for the protection and preservation of the rights of the parties hich do not involve any matter litigated by the appeal approve compromises, permit appeals of indigent litigants, order e)ecution pending appeal in accordance ith section * of &ule .>, and allo ithdra al of the appeal% (>a)

SEC. 10. +uty of cler) of court of the lower court upon perfection of appeal. # 2ithin thirty (.?) days after perfection of all the appeals in accordance ith the preceding section, it shall be the duty of the cler' of court of the lo er court"

(a) $o verify the correctness of the original record or the record on appeal, as the case may be, and to ma'e a certification

of its correctness1

(b) $o verify the completeness of the records that

ill be transmitted to the appellate court1

(c) If found to be incomplete, to ta'e such measures as may be re;uired to complete the records, availing of the authority that he or the court may e)ercise for this purpose1 and

(d) $o transmit the records to the appellate court%

If the efforts to complete the records fail, he shall indicate in his letter of transmittal the e)hibits or transcripts not included in the records being transmitted to the appellate court, the reasons for their non7transmittal, and the steps ta'en or that could be ta'en to have them available%

$he cler' of court shall furnish the parties ith copies of his letter of transmittal of the records to the appellate court% ((?a)

SEC. 11. Transcript.# 9pon the perfection of the appeal, the cler' shall immediately direct the stenographers concerned to attach to the record of the case five (5) copies of the transcripts of the testimonial evidence referred to in the record on appeal% $he stenographers concerned shall transcribe such testimonial evidence and shall prepare and affi) to their transcripts an inde) containing the names of the itnesses and the pages herein their testimonies are found, and a list of the e)hibits and the pages herein each of them appears to have been offered and admitted or re+ected by the trial court% $he transcripts shall be transmitted to the cler' of the trial court ho shall thereupon arrange the same in the order in hich the itnesses testified at the trial, and shall cause the pages to be numbered consecutively% ((*a)

SEC. 1!. Transmittal.# $he cler' of the trial court shall transmit to the appellate court the original record or the approved record on appeal ithin thirty (.?) days from the perfection of the appeal, together ith the proof of payment of the appellate court doc'et and other la ful fees, a certified true copy of the minutes of the proceedings, the order of approval, the certificate of correctness, the original documentary evidence referred to therein, and the original and three (.) copies of the transcripts% Copies of the transcripts and certified true copies of the documentary evidence shall remain in the lo er court for the e)amination of the parties% (((a)

SEC. 13. +ismissal of appeal.# Prior to the transmittal of the original record or the record on appeal to the appellate court, the trial court may motu proprio or on motion dismiss the appeal for having been ta'en out of time% ((-a) RULE "!

PETITION FOR REVIE& FROM THE

REGIONAL TRIAL COURTS TO THE COURT OF APPEALS

SECTION 1. 2ow appeal ta)en; time for filing. # A party desiring to appeal from a decision of the &egional $rial Court rendered in the e)ercise of its appellate +urisdiction may file a verified petition for revie ith the Court of Appeals, paying at the same time to the cler' of said court the corresponding doc'et and other la ful fees, depositing the amount of P5??%?? for costs, and furnishing the &egional $rial Court and the adverse party ith a copy of the petition% $he petition shall be filed and served ithin fifteen ((5) days from notice of the decision sought to be revie ed or of the denial of petitionerFs motion for ne trial or reconsideration filed in due time after +udgment% 9pon proper motion and the payment of the full amount of the doc'et and other la ful fees and the deposit for costs before the e)piration of the reglementary period, the Court of Appeals may grant an additional period of fifteen ((5) days only ithin hich to file the petition for revie % @o further e)tension shall be granted e)cept for the most compelling reason and in no case to e)ceed fifteen ((5) days% (n)

SEC. !. 3orm and contents.# $he petition shall be filed in seven (<) legible copies, ith the original copy intended for the court being indicated as such by the petitioner, and shall (a) state the full names of the parties to the case, ithout impleading the lo er courts or +udges thereof either as petitioners or respondents1 (b) indicate the specific material dates sho ing that it as filed on time1 (c) set forth concisely a statement of the matters involved, the issues raised, the specification of errors of fact or la , or both, allegedly committed by the &egional $rial Court, and the reasons or arguments relied upon for the allo ance of the appeal1 (d) be accompanied by clearly legible duplicate originals or true copies of the +udgments or final orders of both lo er courts, certified correct by the cler' of court of the &egional $rial Court, the re;uisite number of plain copies thereof and of the pleadings and other material portions of the record as ould support the allegations of the petition%

$he petitioner shall also submit together ith the petition a certification under oath that he has not theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency1 if there is such other action or proceeding, he must state the status of the same1 and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he underta'es to promptly inform the aforesaid courts and other tribunal or agency thereof ithin five (5) days therefrom% (n)

SEC. 3. *ffect of failure to comply with re6uirements.# $he failure of the petitioner to comply ith any of the foregoing re;uirements regarding the payment of the doc'et and other la ful fees, the deposit for costs, proof of service of the petition, and the contents of and the documents hich should accompany the petition shall be sufficient ground for the dismissal thereof% (n)

SEC. ". (ction on the petition.# $he Court of Appeals may re;uire the respondent to file a comment on the petition, not a motion to dismiss, ithin ten ((?) days from notice, or dismiss the petition if it finds the same to be patently ithout merit, prosecuted manifestly for delay, or that the ;uestions raised therein are too unsubstantial to re;uire consideration% (n)

SEC. #. Contents of comment.# $he comment of the respondent shall be filed in seven (<) legible copies, accompanied by certified true copies of such material portions of the record referred to therein together ith other supporting papers and shall (a) state hether or not he accepts the statement of matters involved in the petition1 (b) point out such insufficiencies or inaccuracies as he believes e)ist in petitionerFs statement of matters involved but ithout repetition1 and (c) state the reasons hy the petition should not be given due course% A copy thereof shall be served on the petitioner% (n)

SEC. $. +ue course.# If upon the filing of the comment or such other pleadings as the court may allo or re;uire or after the e)piration of the period for the filing thereof ithout such comment or pleading having been submitted, the Court of Appeals finds prima facie that the lo er court has committed an error of fact or la that ill arrant a reversal or modification of the appealed decision, it may accordingly give due course to the petition% (n)

SEC. 7. *levation of record.# 2henever the Court of Appeals deems it necessary, it may order the cler' of court of the &egional $rial Court to elevate the original record of the case including the oral and documentary evidence ithin fifteen ((5) days from notice% (n)

SEC. 8. P1(*123+)- )* 45514,6 1**123 371(1)*. # (a) 9pon the timely filing of a petition for revie and the payment of the corresponding doc'et and other la ful fees, the appeal is deemed perfected as to the petitioner%

$he &egional $rial Court loses +urisdiction over the case upon the perfection of the appeals filed in due time and the e)piration of the time to appeal of the other parties%

:o ever, before the Court of Appeals gives due course to the petition, the &egional $rial Court may issue orders for the protection and preservation of the rights of the parties hich do not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order e)ecution pending appeal in accordance ith section * of &ule .>, and allo ithdra al of the appeal% (>a, &-() (b) 0)cept in civil cases decided under the &ule on Summary Procedure, the appeal shall stay the +udgment or final order unless the Court of Appeals, the la , or these &ules shall provide other ise% (n)

SEC. 9. Submission for decision.# If the petition is given due course, the Court of Appeals may set the case for oral argument or re;uire the parties to submit memoranda ithin a period of fifteen ((5) days from notice% $he case shall be deemed submitted for decision upon the filing of the last pleading or memorandum re;uired by these &ules or by the court itself% (n) RULE "3

APPEALS FROM THE COURT OF TA0 APPEALS

AND 8UASI/'UDICIAL AGENCIES

TO THE COURT OF APPEALS

SECTION 1. Scope.# $his &ule shall apply to appeals from +udgments or final orders of the Court of $a) Appeals and from a ards, +udgments, final orders or resolutions of or authori,ed by any ;uasi7+udicial agency in the e)ercise of its ;uasi7+udicial functions% Among these agencies are the Civil Service Commission, Central !oard of Assessment Appeals, Securities and 0)change Commission, 4ffice of the President, Hand &egistration Authority, Social Security Commission, Civil Aeronautics !oard, !ureau of Patents, $rademar's and $echnology $ransfer, @ational 0lectrification Administration, 0nergy &egulatory !oard, @ational $elecommunications Commission, Eepartment of Agrarian &eform under &epublic Act @o, //5<, Bovernment Service Insurance System, 0mployees Compensation Commission, Agricultural Inventions !oard, Insurance Commission, Philippine Atomic 0nergy Commission, !oard of Investments, Construction Industry Arbitration Commission, and voluntary arbitrators authori,ed by la % (n)

SEC. !. Cases not covered.# $his &ule shall not apply to +udgments or final orders issued under the Habor Code of Philippines% (n)

SEC. 3. #here to appeal. # An appeal under this &ule ta'en to the Court of Appeals ithin the period and in the manner herein provided, hether the appeal involves ;uestions of fact, of la , or mi)ed ;uestions of fact and la % (n)

SEC ". $eriod of appeal.# $he appeal shall be ta'en ithin fifteen ((5) days from notice of the a ard, +udgment final order or resolution, or from the date of its last publication, if publication is re;uired by la for its effectivity, or of the denial of petitionerFs motion for ne trial or reconsideration duly filed in accordance ith the governing la of the court or agency a ;uo% 4nly one (() motion for reconsideration shall be allo ed% 9pon proper motion and the payment of the full amount of the doc'et fee before the e)piration of the reglementary period, the Court of Appeals may grant an additional period of fifteen ((5) days only ithin hich to file the petition for revie % @o further e)tension shall be granted e)cept for the most compelling reason and in no case to e)ceed fifteen ((5) days% (n)

SEC. #. 2ow appeal ta)en.# Appeal shall be ta'en by filing a verified petition for revie in seven (<) legible copies ith the Court of Appeals, ith proof of service of a copy thereof on the adverse party and on the court or agency a ;uo% $he original copy of the petition intended for the Court of Appeals shall be indicated as such by the petitioner%

9pon the filing of the petition, the petitioner shall pay to the cler' of court of the Court of Appeals the doc'eting and other la ful fees and deposit the sum of P5??%?? for costs% 0)emption from payment of doc'eting and other la ful fees and the deposit for costs may be granted by the Court of Appeals upon a verified motion setting forth valid grounds therefor% If the Court of Appeals denies the motion, the petitioner shall pay the doc'eting and other la ful fees and deposit for costs ithin fifteen ((5) days from notice of the denial% (n)

SEC. $. Contents of the petition.# $he petition for revie shall (a) state the full names of the parties to the case, ithout impleading the court or agencies either as petitioners or respondents1 (b) contain a concise statement of the facts and issues involved and the grounds relied upon for the revie 1 (c) be accompanied by a clearly legible duplicate original or a certified true copy of the a ard, +udgment, final order or resolution appealed from, together ith certified true copies of such material portions of the record referred to therein and other supporting papers1 and (d) contain a s orn certification against forum shopping as provided in the last paragraph of section *, &ule -*% $he petition shall state the specific material dates sho ing that it as filed ithin the period fi)ed herein% (*a)

SEC. 7. 0ffect of failure to comply ith re;uirements%# $he failure of the petitioner to comply ith any of the foregoing re;uirements regarding the payment of the doc'et and other la ful fees, the deposit for costs, proof of service of the petition, and the contents of and the documents hich should accompany the petition shall be sufficient ground for the dismissal thereof% (n)

SEC. 8. (ction on the petition.# $he Court of Appeals may re;uire the respondent to file a comment on the petition, not a motion to dismiss, ithin ten ((?) days from notice, or dismiss the petition if it finds the same to be patently ithout merit, prosecuted manifestly for delay, or that the ;uestions raised therein are too unsubstantial to re;uire consideration% (/a)

SEC. 9. Contents of comment.# $he comment shall be filed ithin ten ((?) days from notice in seven (<) legible copies and accompanied by clearly legible certified true copies of such material portions of the record referred to therein together ith other supporting papers% $he comment shall (a) point out insufficiencies or inaccuracies in 7petitionerFs statement of facts and issues1 and (b) state the reasons hy the petition should be denied or dismissed% A copy thereof shall be served

on the petitioner, and proof of such service shall be filed

ith the Court of Appeals% (>a)

SEC. 10. +ue course.# If upon the filing of the comment or such other pleadings or documents as may be re;uired or allo ed by the Court of Appeals or upon the e)piration of the period for the filing thereof, and on the basis of the petition or the records the Court of Appeals finds prima facie that the court or agency concerned has committed errors of fact or la that ould arrant reversal or modification of the a ard, +udgment, final order or resolution sought to be revie ed, it may give due course to the petition1 other ise, it shall dismiss the same% $he findings of fact of the court or agency concerned, hen supported by substantial evidence, shall be binding on the Court of Appeals% (n)

SEC. 11. Transmitted of record.# 2ithin fifteen ((5) days from notice that the petition has been given due course, the Court of Appeals may re;uire the court or agency concerned to transmit the original or a legible certified true copy of the entire record of the proceeding under revie % $he record to be transmitted may be abridged by agreement of all parties to the proceeding% $he Court of Appeals may re;uire or permit subse;uent correction of or addition to the record% (=a)

SEC. 1!. *ffect of appeal.# $he appeal shall not stay the a ard, +udgment, final order or resolution sought to be revie ed unless the Court of Appeals shall direct other ise upon such terms as it may deem +ust% ((?a)

SEC. 13. Submission for decision.# If the petition is given due course, the Court of Appeals may set the case for oral argument or re;uire the parties to submit memoranda ithin a period of fifteen ((5) days from notice% $he case shall be deemed submitted for decision upon the filing of the last pleading or memorandum re;uired by these &ules or by the Court of Appeals% (n) PROCEDURE IN THE COURT OF APPEALS

RULE ""

ORDINAR APPEALED CASES

SECTION 1. Title of cases.# In all cases appealed to the Court of Appeals under &ule -(, the title of the case shall remain as it as in the court of origin, but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee% ((a, &-/)

SEC. !. Counsel and guardians.# $he counsel and guardians ad litem of the parties in the court of origin shall be respectively considered as their counsel and guardians ad litem in the Court of Appeals% 2hen others appear or are appointed, notice thereof shall be served immediately on the adverse party and filed ith the court% (*a, &-/)

SEC. 3. Order of transmittal of record. # If the original record or the record on appeal is not transmitted to the Court of Appeals ithin thirty (.?) days after the perfection of the appeal, either party may file a motion ith the trial court, ith notice to the other, for the transmittal of such record or record on appeal% (.a, &-/)

SEC. ". +oc)eting of case.# 9pon receiving the original record or the record on appeal and the accompanying documents and e)hibits transmitted by the lo er court, as ell as the proof of payment of the doc'et and other la ful fees, the cler' of court of the Court of Appeals shall doc'et the case and notify the parties thereof% (-a, &-/)

2ithin ten ((?) days from receipt of said notice, the appellant, in appeals by record on appeal, shall file ith the cler' of court seven (<) clearly legible copies of the approved record on appeal, together ith the proof of service of t o (*) copies thereof upon the appellee%

Any unauthori,ed alteration, omission or addition in the approved record on appeal shall be a ground for dismissal of the appeal% (n)

SEC. #. Completion of record. # 2here the record of the doc'eted case is incomplete, the cler' of court of the Court of Appeals shall so inform said court and recommend to it measures necessary to, complete the record% It shall be the duty of said court to ta'e appropriate action to ards the completion of the record ithin the shortest possible time% (n)

SEC. $. +ispensing with complete record. # 2here the completion of the record could not be accomplished ithin a sufficient period allotted for said purpose due to insuperable or e)tremely difficult causes, the court, on its o n motion or on motion of any of the parties, may declare that the record and its accompanying transcripts and e)hibits so far available are sufficient to decide the issues raised in the appeal, and shall issue an order e)plaining the reasons for such declaration% (n)

SEC. 7. (ppellant;s briefs. # It shall be the duty of the appellant to file ith the court, ithin forty7five (-5) days from receipt of the notice of the cler' that ail the evidence, oral and documentary, are attached to the record, seven (<) copies of his legibly type ritten, mimeographed or printed brief, ith proof of service of t o (*) copies thereof upon the appellee% ((?a, &-/)

SEC. 8. (ppellee;s brief. # 2ithin forty7five (-5) days from receipt of the appellantFs, brief, the appellee shall file ith the court seven (<) copies of his legibly type ritten, mimeographed or printed brief, ith proof of service of t o (*) copies thereof upon the appellant% (((a, &-/)

SEC. 9. (ppellant;s reply brief.# 2ithin t enty (*?) days from receipt of the appelleeFs brief, the appellant may file a reply brief ans ering points in the appelleeFs brief not covered in his main brief% ((*, &-/)

SEC. 10. Time for filing memoranda in special cases. # In certiorari, prohibition, mandamus, ;uo arranto and habeas corpus cases, the parties shall file, in lieu of briefs, their respective memoranda ithin a non7e)tendible period of thirty (.?) days from receipt of the notice issued by the cler' that all the evidence, oral and documentary, is already attached to the record% ((.a, &-/)

$he failure of the appellant to file his memorandum ithin the period therefor may be a ground for dismissal of the appeal% (n)

SEC. 11. Several appellants or appellees or several counsel for each party. # 2here there are several appellants or

appellees, each counsel representing one or more but not all of them shall be served ith only one copy of the briefs% 2hen several counsel represent one appellant or appellee, copies of the brief may be served upon any of them% ((-a, &-/)

SEC. 1!. *4tension of time for filing briefs.# 0)tension of time for the filing of briefs ill not be allo ed, e)cept for good and sufficient cause, and only if the motion for e)tension is filed before the e)piration of the time sought to be e)tended% ((5, &-/)

SEC. 13. Contents of appellant;s brief. # $he appellantFs brief shall contain, in the order herein indicated, the follo ing"

(a) A sub+ect inde) of the matter in the brief ith a digest of the arguments and page references, and a table of cases alphabetically arranged, te)tboo's and statutes cited ith references to the pages here they are cited1

(b) An assignment of errors intended to be urged, repetition and numbered consecutively1

hich errors shall be separately, distinctly and concisely stated

ithout

(c) 9nder the heading 8Statement of the Case,8 a clear and concise statement of the nature of the action, a summary of the proceedings, the appealed rulings and orders of the court, the nature of the +udgment and any other matters necessary to an understanding of the nature of the controversy, ith page references to the record1

(d) 9nder the heading 8Statement of Aacts,8 a clear and concise statement in a narrative form of the facts admitted by both parties and of those in controversy, together ith the substance of the proof relating thereto in sufficient detail to ma'e it clearly intelligible, ith page references to the record1

(e) A clear and concise statement of the issues of fact la

to be submitted to the court for its +udgment1

(f) 9nder the heading 8Argument,8 the appellant arguments on each assignment of error ith page reference to the record% $he authorities relied upon shall be cited b the page of the report at hich the case begins and the page of the report on hich the citation is found1

(g) 9nder the heading 8&elief,8 a specification of the order or +udgment hich the appellant see's1 and

(h) In cases not brought up by record on appeal, the appellantFs brief shall contain, as an appendi), a copy of the +udgment or final order appealed from% ((/a, &-/)

SEC. 1". Contents of appellee;s brief.# $he appelleeFs brief shall contain, in the order herein indicated, the follo ing"

(a) A sub+ect inde) of the matter in the brief ith a digest of the arguments and page references, and a table of cases

alphabetically arranged, te)tboo's and statutes cited ith references to the pages here they are cited1

(b) 9nder the heading 8Statement of Aacts,8 the appellee shall state that he accepts the statement of facts in the appellantFs brief, or under the heading 8Counter7Statement of Aacts,8 he shall point out such insufficiencies or inaccuracies as he believes e)ist in the appellantFs statement of facts ith references to the pages of the record in support thereof, but ithout repetition of matters in the appellantFs statement of facts1 and

(c) 9nder the heading 8Argument,8 the appellee shall set forth his arguments in the case on each assignment of error ith page references to the record% $he authorities relied on shall be cited by the page of the report at hich the case begins and the page of the report on hich the citation is found% ((<a, &-/)

SEC. 1#. 8uestions that may be raised on appeal. # 2hether or not the appellant has filed a motion for ne trial court belo , he may include in his assignment of any ;uestion of la or fact that has been raised in the belo and hich is ithin the issues framed by the parties% ((=, !-/) RULE "#

APPEAL B CERTIORARI TO THE SUPREME COURT

SECTION 1. 3iling of petition with Supreme Court. # A party desiring to appeal by certiorari from a +udgment or final order or resolution of the Court of Appeals, the Sandiganbayan, the &egional $rial Court or other courts henever authori,ed by la , may file ith the Supreme Court a verified petition for revie on certiorari% $he petition shall raise only ;uestions of la hich must be distinctly set forth% ((a, *a)

SEC. !. Time for filing; e4tension. # $he petition shall be filed ithin fifteen ((5) days from notice of the +udgment or final order or resolution appealed from, or of the denial of the petitionerFs motion for ne trial or reconsideration filed in due time after notice of the +udgment% 4n motion duly filed and served, ith full payment of the doc'et and other la ful fees and the deposit for costs before the e)piration of the reglementary period, the Supreme Court may for +ustifiable reasons grant an e)tension of thirty (.?) days only ithin hich to file the petition% ((a, 5a)

SEC. 3. +oc)et and other lawful fees; proof of service of petition. # 9nless he has theretofore done so, the petitioner shall pay the corresponding doc'et and other la ful fees to the cler' of court of the Supreme Court and deposit the amount of P5??%?? for costs at the time of the filing of the petition% Proof of service of a copy thereof on the lo er court concerned and on the adverse party shall be submitted together ith the petition% ((a)

SEC. ". Contents of petition.# $he petition shall be filed in eighteen ((=) copies, ith the original copy intended for the court being indicated as such by the petitioner, and shall (a) state the full name of the appealing party as the petitioner and the adverse party as respondent, ithout impleading the lo er courts or +udges thereof either as petitioners or respondents1 (b) indicate the material dates sho ing hen notice of the +udgment or final order or resolution sub+ect thereof as received, hen a motion for ne trial or reconsideration, if any, as filed and hen notice of the denial thereof as received1 (c) set forth concisely a statement of the matters involved, and the reasons or arguments relied on for the allo ance of the petition1 (d) be accompanied by a clearly legible duplicate original, or a certified true copy of the +udgment or final order or resolution certified by the cler' of court of the court a ;uo and the re;uisite number of plain copies thereof, and such material portions of the record as ould support the petition1 and (e) contain a s orn certification

against forum shopping as provided in the last paragraph of section *, &ule -*% (*a)

SEC. #. +ismissal or denial of petition.# $he failure of the petitioner to comply ith any of the foregoing re;uirements regarding the payment of the doc'et and other la ful fees, deposit for costs, proof of service of the petition, and the contents of and the documents hich should accompany the petition shall be sufficient ground for the dismissal thereof%

$he Supreme Court may on its o n initiative deny the petition on the ground that the appeal is ithout merit, or is prosecuted manifestly for delay, or that the ;uestions raised therein are too unsubstantial to re;uire consideration% (.a)

SEC. $. Review discretionary.# A revie is not a matter of right, but of sound +udicial discretion, and ill be granted only hen there are special and important reasons therefor% $he follo ing, hile neither controlling nor fully measuring the courtFs discretion, indicate the character of the reasons hich ill be considered"

(a) 2hen the court a ;uo has decided a ;uestion of substance, not theretofore determined by the Supreme Court, or has decided it in a ay probably not in accord ith la or ith the applicable decisions of the Supreme Court1 or

(b) 2hen the court a ;uo has so far departed from the accepted and usual course of +udicial proceedings, or so far sanctioned such departure by a lo er court, as to call for an e)ercise of the po er of supervision% (-a)

SEC. 7. $leadings and documents that may be re6uired; sanctions. # Aor purposes of determining hether the petition should be dismissed or denied pursuant to section 5 of this &ule, or here the petition is given due course under section = hereof, the Supreme Court may re;uire or allo the filing of such pleadings, briefs, memoranda or documents as it may deem necessary ithin such periods and under such conditions as it may consider appropriate, and impose the corresponding sanctions in case of non7filing or unauthori,ed filing of such pleadings and documents or non7compliance ith the conditions therefore% (n)

SEC. 8. +ue course; elevation of records. # If the petition is given due course, the Supreme Court may re;uire the elevation of the complete record of the case or specified parts thereof ithin fifteen ((5) days from notice% (*a)

SEC. 9. Rule applicable to both civil and criminal cases.# $he mode of appeal prescribed in this &ule shall be applicable to both civil and criminal cases, e)cept in criminal cases here the penalty imposed is death, reclusion perpetua or life imprisonment% (n) RULE "$

ORIGINAL CASES

SECTION 1. Title of cases.# In all cases originally filed in the Court of Appeals, the party instituting the action shall be called the petitioner and the opposing party the respondent% ((a)

SEC. !. To what actions applicable.# $his &ule shall apply to original actions for certiorari, prohibition mandamus and ;uo arranto%

0)cept as other ise provided, the actions for annulment of +udgment shall be governed by &ule -<, for certiorari, prohibition and mandamus by &ule /5, and for ;uo arranto by &ule //% (n)

SEC. 3. Contents and filing of petition; effect of non&compliance with re6uirements. # $he petition shall contain the full names and actual addresses of all the petitioners and respondents, a concise statement of the matters involved, the factual bac'ground of the case, and the grounds relied upon for the relief prayed for%

It shall be filed in seven (<) clearly legible copies together ith proof of service thereof on the respondent ith the original copy intended for the court indicated as such by the petitioner, and shall be accompanied by a clearly legible duplicate original or certified true copy of the +udgment, order, resolution, or ruling sub+ect thereof, such material portions of the record as are referred to therein, and other documents relevant or pertinent thereto% $he certification shall be accomplished by the proper cler' of court or by his duly authori,ed representative, or by the proper officer of the court, tribunal, agency or office involved or by his duly authori,ed representative% $he other re;uisite number of copies of the petition shall be accompanied by clearly legible plain copies of all documents attached to the original%

$he petitioner shall also submit together ith the petition a s orn certification that he has not theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency1 if there is such other action or proceeding, he must state the status of the same1 and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he underta'es to promptly inform the aforesaid courts and other tribunal or agency thereof ithin five (5) days therefrom%

$he petitioner shall pay the corresponding doc'et and other la ful fees to the cler' of court and deposit the amount of P5??%?? for costs at the time of the filing of the petition%

$he failure of the petitioner to comply ith any of the foregoing re;uirements shall be sufficient ground for the dismissal of the petition% (n)

SEC. ". urisdiction over person of respondent, how ac6uired. # $he court shall ac;uire +urisdiction over the person of the respondent by the service on him of its order or resolution indicating its initial action on the petition or by his voluntary submission to such +urisdiction% (n)

SEC. #. (ction by the court.# $he court may dismiss the petition outright ith specific reasons for such dismissal or re;uire the respondent to file a comment on the same ithin ten ((?) days from notice% 4nly pleadings re;uired by the court shall be allo ed% All other pleadings and papers may be filed only ith leave of court% (n)

SEC. $. +etermination of factual issues.# 2henever necessary to resolve factual issues, the court itself may conduct hearings thereon or delegate the reception of the evidence on such issues to any of its ,members or to an appropriate court, agency or office% (n)

SEC. 7. *ffect of failure to file comment. # 2hen no comment is filed by any of the respondents, the case may be decided on the basis of the record, ithout pre+udice to any disciplinary action hich the court may ta'e against the disobedient party% (n) RULE "7

ANNULMENT OF 'UDGMENTS OR FINAL ORDERS AND RESOLUTIONS

SECTION 1. Coverage.# $his &ule shall govern the annulment by the Court of Appeals of +udgments or final orders and resolutions in civil actions of &egional $rial Courts for hich the ordinary remedies of ne trial, appeal petition for relief or other appropriate remedies are no longer available through no fault of the petitioner% (n)

SEC. !. ,rounds for annulment.# $he annulment may be based only on the grounds of e)trinsic fraud and lac' of +urisdiction%

0)trinsic fraud shall not be a valid ground if it petition for relief% (n)

as availed of, or could have been availed of, in a motion for ne trial or

SEC. 3. $eriod for filing action.# If based on e)trinsic fraud, the action must be filed ithin four (-) years from its discovery1 and if based on lac' of +urisdiction, before it is barred by laches or estoppel% (n)

SEC. ". 3iling and contents of petition.# $he action shall be commenced by filing a verified petition alleging therein ith particularity the facts and the la relied upon for annulment, as ell as those supporting the petitioner s good and substantial cause of action or defense, as the case may be%

$he petition shall be filed in seven (<) clearly legible copies, together ith sufficient copies corresponding to the number of respondents% A certified true copy of the +udgment or final order or resolution shall be attached to the original copy of the petition intended for the court and indicated as such by the petitioner%

$he petitioner shall also submit together ith the petition affidavits of itnesses or documents supporting the cause of action or defense and a s orn certification that A has not theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency1 if there is such other action or proceeding, he must state the status of the same, and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he underta'es to promptly inform the aforesaid courts and other tribunal or agency thereof ithin five (5) days therefrom% (n)

SEC. #. (ction by the court.# Should the court find no substantial merit in the petition, the same may be dismissed outright ith specific reasons for such dismissal%

Should prima facie merit be found in the petition, the same shall be given due course and summons shall be served on the respondent% (n)

SEC. $. $rocedure.# $he procedure in ordinary civil cases shall be observed% Should a trial be necessary, the reception of the evidence may be referred to a member of the court or a +udge of a &egional $rial Court% (n)

SEC. 7. *ffect of "udgment %# A +udgment of annulment shall set aside the ;uestioned +udgment or final order or resolution and render the same null and void, ithout pre+udice to the original action being refiled in the proper court% :o ever, here the +udgment or final order or resolution is set aside on the ground of e)trinsic fraud, the court may on motion order the trial court to try the case as if a timely motion for ne trial had been granted therein% (n)

SEC. 8. Suspension of prescriptive period. # $he prescriptive period for the refiling of the aforesaid original action shall be deemed suspended from the filing of such original action until the finality of the +udgment of annulment% :o ever, the prescriptive period shall not be suspended here the e)trinsic fraud is attributable to the plaintiff in the original action% (n)

SEC. 9. Relief available.# $he +udgment of annulment may include the a ard of damages, attorneyFs fees and other relief%

If the ;uestioned +udgment or final order or resolution had already been e)ecuted, the court may issue such orders of restitution or other relief as +ustice and e;uity may arrant under the circumstances% (n)

SEC. 10. (nnulment of "udgments or final orders of !unicipal Trial Courts. # An action to annul a +udgment or final order of a 3unicipal $rial Court shall be filed in the &egional $rial Court having +urisdiction over the former% It shall be treated as an ordinary civil action and sections *, . -, <, = and > of this &ule shall be applicable thereto% (n) RULE "8

PRELIMINAR CONFERENCE

SECTION 1. $reliminary conference.# At any time during the pendency of a case, the court may call the parties and their counsel to a preliminary conference"

(a) $o consider the possibility of an amicable settlement, e)cept

hen the case is not allo ed by la

to be compromised1

(b) $o define, simplify and clarify the issues for determination1

(c) $o formulate stipulations of facts and admissions of documentary e)hibits, limit the number of itnesses to be presented in cases falling ithin the original +urisdiction of the court, or those ithin its appellate +urisdiction here a motion for ne trial is granted on the ground of ne ly discovered evidence1 and

(d) $o ta'e up such other matters hich may aid the court in the prompt disposition of the case% (&ule <, CA Internal &ules) (n)

SEC. !. Record of the conference.# $he proceedings at such conference shall be recorded and, upon the conclusion thereof, a resolution shall be issued embodying all the actions ta'en therein, the stipulations and admissions made, and the issues defined% (n)

SEC. 3. 1inding effect of the results of the conference.# Sub+ect to such modifications hich may be made to prevent manifest in+ustice, the resolution in the preceding section shall control the subse;uent proceedings in the case unless, ithin five (5) days from notice thereof, any party shall satisfactorily sho valid cause hy the same should not be follo ed% (n) RULE "9

ORAL ARGUMENT

SECTION 1. #hen allowed.# At its o n instance or upon motion of a party, the court may hear the parties in oral argument on the merits of a case, or on any material incident in connection there ith% (n)

$he oral argument shall be limited to such matters as the court may specify in its order or resolution% ((a, &-=)

SEC. !. Conduct of oral argument.# 9nless authori,ed by the court, only one counsel may argue for a party% $he duration allo ed for each party, the se;uence of the argumentation, and all other related matters shall be as directed by the court% (n)

SEC. 3. %o hearing or oral argument for motions. # 3otions shall not be set for hearing and, unless the court other ise directs, no hearing or oral argument shall be allo ed in support thereof% $he adverse party may file ob+ections to the motion ithin five (5) days from service, upon the e)piration of hich such motion shall be deemed submitted for resolution% (*a, &->) RULE #0

DISMISSAL OF APPEAL

SECTION 1. ,rounds for dismissal of appeal. # An appeal may be dismissed by the Court of Appeals, on its o n motion or on that of the appellee, on the follo ing ground

(a) Aailure of the record on appeal to sho

on its face that the appeal as ta'en

ithin the period fi)ed by these &ules1

(b) Aailure to file the notice of appeal or the record on appeal ithin the period prescribed by these &ules1

(c) Aailure of the appellant to pay the doc'et and other la ful fees as provided in% section - of &ule -(1

(d) 9nauthori,ed alterations, omissions or additions in the approved record on appeal as provided in section - of --1

(e) Aailure of the appellant to serve and file the re;uired number of copies of his brief or memorandum ithin the time provided by these &ules1

(f) Absence of specific assignment of errors in the appellantFs brief, or of page references to the record as re;uired in section (., paragraphs (a), (c), (d) and (f) of &ule --1

(g) Aailure of the appellant to ta'e the necessary steps for the correction or completion of the record by the court in its order1

ithin the time limited

(h) Aailure of the appellant to appear at the preliminary conference under &ule -= or to comply ith orders, circulars, or directives of the court ithout +ustifiable cause1 and

(i) $he fact that the order or +udgment appealed from is not appealable% ((a)

SEC. !. +ismissal of improper appeal to the Court of (ppeals. # An appeal under &ule -( ta'en from the &egional $rial Court to the Court of Appeals raising only ;uestions of la shall be dismissed, issues purely of la not being revie able by said court% Similarly, an appeal by notice of appeal instead of by petition for revie from the appellate +udgment of a &egional $rial Court shall be dismissed% (n)

An appeal erroneously ta'en to the Court of Appeals shall not be transferred to the appropriate court but shall be dismissed outright% (.a)

SEC. 3. #ithdrawal of appeal.# An appeal may be ithdra n as of right at any time before the filing of the appelleeFs brief% $hereafter, the ithdra al may be allo ed in the discretion of the court% (-a)

RULE #1

'UDGMENT

SECTION 1. #hen case deemed submitted for "udgment. # A case shall be deemed submitted for +udgment"

A% In ordinary appeals%7 (% 2here no hearing on the merits of the main case is held, upon the filing of the last pleading, brief, or memorandum re;uired by the &ules or by the court itself, or the e)piration of the period for its filing% *% 2here such a hearing is held, upon its termination or upon the filing of the last pleading or memorandum as may be re;uired or permitted to be filed by the court, or the e)piration of the period for its filing% !% In original actions and petitions for revie %7 (% 2here no comment is filed, upon the e)piration of the period to comment% *% 2here no hearing is held, upon the filing of the last pleading re;uired or permitted to be filed by the court, or the e)piration of the period for its filing% .% 2here a hearing on the merits of the main case is held, upon its termination or upon the filing of the last pleading or memorandum as may be re;uired or permitted to be filed by the court, or the e)piration of the period for its filing% (n) SEC. !. 1y whom rendered.# $he +udgment shall be rendered by the members of the court ho participated in the deliberation on the merits of the case before its assignment to a member for the riting of the decision% (n)

SEC. 3. 8uorum and voting in the court.# $he participation of all three Gustices of a division shall be necessary at the deliberation and the unanimous vote of the three Gustices shall be re;uired for the pronouncement of a +udgment or final resolution% If the three Gustices do not reach a unanimous vote, the cler' shall enter the votes of the dissenting Gustices in the record% $hereafter, the Chairman of the division shall refer the case, together ith the minutes of the deliberation, to the Presiding Gustice ho shall designate t o Gustices chosen by raffle from among all the other members of the court to sit temporarily ith them, forming a special division of five Gustices% $he participation of all the five members of the special division shall be necessary for the deliberation re;uired in section * of this &ule and the concurrence of a ma+ority of such division shall be re;uired for the pronouncement of a +udgment or final resolution% (*a)

SEC. ". +isposition of a case.# $he Court of Appeals, in the e)ercise of its appellate +urisdiction, may affirm, reverse, or modify the +udgment or final order appealed from, and may direct a ne trial or further proceedings to be had% (.a)

SEC. #. 3orm of decision.# 0very decision or final resolution of the court in appealed cases shall clearly and distinctly state the findings of fact and the conclusions of la on hich it is based, hich may be contained in the decision or final resolution itself, or adopted from those set forth in the decision, order, or resolution appealed from% (Sec% -?, !P !lg% (*>) (n)

SEC. $. 2armless error.# @o error in either the admission or the e)clusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the trial court or by any of the parties is ground for granting a ne trial or for setting aside, modifying, or other ise disturbing a +udgment or order, unless refusal to ta'e such action appears to the court inconsistent ith substantial +ustice% $he court at every stage of the proceeding must disregard any error or defect hich does not affect the substantial rights of the parties% (5a)

SEC. 7. udgment where there are several parties. # In all actions or proceedings, an appealed +udgment may be affirmed as to some of the appellants, and reversed as to others, and the case shall thereafter be proceeded ith, so far as necessary, as if separate actions had been begun and prosecuted1 and e)ecution of the +udgment of affirmance may be had accordingly, and costs may be ad+udged in such cases, as the court shall deem proper% (/)

SEC. 8. 8uestions that may be decided. # @o error hich does not affect the +urisdiction over the sub+ect matter or the validity of the +udgment appealed from or the proceedings therein ill be considered unless stated in the assignment of errors, or closely related to or dependent on an assigned error and properly argued in the brief, save as the court may pass upon plain errors and clerical errors% (<a)

SEC. 9. $romulgation and notice of "udgment. # After the +udgment or final resolution and dissenting or separate opinions, if any, are signed by the Gustices ta'ing part, they shall be delivered for filing to the cler' ho shall indicate thereon the date of promulgation and cause true copies thereof to be served upon the parties, or their counsel% (n)

SEC. 10. *ntry of "udgments and final resolutions. # If no appeal or motion for ne trial or reconsideration is filed ithin the time provided in these &ules, the +udgment or final resolution shall forth ith be entered by the cler' in the boo' of entries of +udgments% $he date hen the +udgment or final resolution becomes e)ecutory shall be deemed as the date of its entry% $he record shall contain the dispositive part of the +udgment or final resolution and shall be signed by the cler', ith a certificate that such +udgment or final resolution has become final and e)ecutory% (*a, &./)

SEC. 11. *4ecution of "udgment.# 0)cept here the +udgment or final order or resolution, or a portion thereof is ordered to be immediately e)ecutory, the motion for its e)ecution may only be filed in the proper court after its entry%

In original actions in the Court of Appeals, its rit of e)ecution shall be accompanied by a certified true copy of the entry of +udgment or final resolution and addressed to any appropriate officer for its enforcement%

In appealed cases, here the motion for e)ecution pending appeal is filed in the Court of Appeals at a time that it is in possession of the original record or the record on appeal, the resolution granting such motion shall be transmitted to the lo er court from hich the case originated, together ith a certified true copy of the +udgment or final order to be e)ecuted, ith a directive for such court of origin to issue the proper rit for its enforcement% (n) RULE #!

MOTION FOR RECONSIDERATION

SECTION 1. $eriod for filing. # A party may file a motion for reconsideration of a +udgment or final resolution fifteen ((5) days from notice thereof, ith proof of service on the adverse party% (n)

ithin

SEC. !. Second motion for reconsideration. # @o second motion for reconsideration of a +udgment or final resolution by the same party shall be entertained% (n)

SEC. 3. Resolution of motion. # In the Court of Appeals, a motion for reconsideration shall be resolved (>?) days from the date hen the court declares it7submitted for resolution% (n)

ithin ninety

SEC. ". Stay of e4ecution.# $he pendency of a motion for reconsideration filed on time and by the proper party shall stay the e)ecution of the +udgment or final resolution sought to be reconsidered unless the court, for good reasons, shall other ise direct% (n) RULE #3

NE& TRIAL

SECTION 1. $eriod for filing; ground.# At any time after the appeal from the lo er court has been perfected and before the Court of Appeals loses +urisdiction over the case, a party may file a motion for a ne trial on the ground of ne ly discovered evidence hich could not have been discovered prior to the trial in the court belo by the e)ercise of due diligence and hich is of such a character as ould probably change the result% $he motion shall be accompanied by affidavits sho ing the facts constituting the grounds therefor and the ne ly discovered evidence% ((a)

SEC. !. 2earing and order.# $he Court of Appeals shall consider the ne evidence together ith that adduced at the trial belo , and may grant or refuse a ne trial, or may ma'e such order, ith notice to both parties, as to the ta'ing of further testimony, either orally in court, or by depositions, or render such other +udgment as ought to be rendered upon such terms as it may deem +ust% (*a)

SEC. 3. Resolution of motion.# In the Court of Appeals, a motion for ne from the date hen the court declares it submitted for resolution% (n)

trial shall be resolved

ithin ninety (>?) days

SEC. ". $rocedure in new trial.# 9nless the court other ise directs, the procedure in the ne that granted by a &egional $rial Court% (.a) RULE #"

trial shall be the same as

INTERNAL BUSINESS

SECTION 1. +istribution of cases among divisions. # All the cases of the Court of Appeals shall be allotted among the different divisions thereof for hearing and decision% $he Court of Appeals, sitting en banc, shall ma'e proper orders or rules to govern the allotment of cases among the different divisions, the constitution of such divisions, the regular rotation of Gustices among them, the filling of vacancies occurring therein, and other matters relating to the business of the court1 and such rules shall continue in force until repealed or altered by it or by the Supreme Court% ((a)

SEC. !. 8uorum of the court.# A ma+ority of the actual members of the court shall constitute a ;uorum for its sessions en banc% $hree members shall constitute a ;uorum for the sessions of a division% $he affirmative votes of the ma+ority of the members present shall be necessary to pass a resolution of the court en banc% $he affirmative votes of three members of a division shall be necessary for the pronouncement of a +udgment or final resolution, hich shall be reached in consultation before the riting of the opinion by any member of the division% (Sec% ((, first par% of !P !lg% (*>, as amended by Sec% / of 04 ..)% (.a) RULE ##

PUBLICATION OF 'UDGMENTS AND FINAL RESOLUTIONS

SECTION 1. $ublication. # $he +udgments and final resolutions of the court shall be published in the 4fficial Ba,ette and in the &eports officially authori,ed by the court in the language hi hich they have been originally ritten, together ith the syllabi therefor prepared by the reporter in consultation ith the riters thereof% 3emoranda of all other +udgments and final resolutions not so published shall be made by the reporter and published in the 4fficial Ba,ette and the authori,ed reports% ((a)

SEC. !. $reparation of opinions for publication. # $he reporter shall prepare and publish ith each reported +udgment and final resolution a concise synopsis of the facts necessary for a clear understanding of the case, the names of counsel, the material and controverted points involved, the authorities cited therein, and a syllabus hich shall be confined to points of la % (Sec% **a, &A% @o% *>/) (n)

SEC. 3. ,eneral ma)e&up of volumes.# $he published decisions and final resolutions of the Supreme Court shall be called 8Philippine &eports,8 hile those of the Court of Appeals shall be 'no n as the 8Court of Appeals &eports%8 0ach volume thereof shall contain a table of the cases reported and the cases cited in the opinions, ith a complete alphabetical inde) of the sub+ect matters of the volume% It shall consist of not less than seven hundred pages printed upon good paper, ell bound and numbered consecutively in the order of the volumes published% (Sec% *.a, &A% @o% *>/)% (n) PROCEDURE IN THE SUPREME COURT

RULE #$

A. ORIGINAL CASES

SECTION 1. Original cases cogni5able.# 4nly petitions for certiorari, prohibition, mandamus, ;uo arranto, habeas corpus, disciplinary proceedings against members of the +udiciary and attorneys, and cases affecting ambassadors, other public ministers and consuls may be filed originally in the Supreme Court% (n)

SEC. !. Rules applicable.# $he procedure in original cases for certiorari, prohibition, mandamus, ;uo arranto and habeas corpus shall be in accordance ith the applicable provisions of the Constitution, la s, and &ules -/,-=, ->, 5(, 5* and this &ule, sub+ect to the follo ing provisions"

a) All references in said &ules to the Court of Appeal shall be understood to also apply to the Supreme Court1

b) $he portions of said &ules dealing strictly ith and specifically intended for appealed cases in the Court of Appeals shall not be applicable1 and

c) 0ighteen ((=) clearly legible copies of the petition shall be filed, together ith proof of service on all adverse parties%

$he proceedings for disciplinary action against members of the +udiciary shall be governed by the la s and &ules prescribed therefor, and those against attorneys by &ule (.>7!, as amended% (n) B. APPEALED CASES

SEC. 3. !ode of appeal.# An appeal to the Supreme Court may be ta'en only by a petition for revie on certiorari, e)cept in criminal cases here the penalty imposed is death, reclusion perpetua or life imprisonment% (n)

SEC ". $rocedure.# $he appeal shall be governed by and disposed of in accordance ith the applicable provisions of the Constitution, la s, &ules -5, -=, sections (, *, and 5 to (( of &ule 5(, 5* and this &ule% (n)

SEC. #. ,rounds for dismissal of appeal.# $he appeal may be dismissed motu proprio or on motion of the respondent on the follo ing grounds"

(a) Aailure to ta'e the appeal ithin the reglementary1

(b) Hac' of merit in the petition1

(c) Aailure to pay the re;uisite doc'et fee and other la ful fees or to ma'e a deposit for costs1

(d) Aailure to comply ith the re;uirements regarding proof of service and contents of and the documents hich should

accompany the petition1

(e) Aailure to comply ith any circular, directive or order of the Supreme Court ithout +ustifiable cause1

(f) 0rror in the choice or mode of appeal1 and

(g) $he fact that the case is not appealable to the Supreme Court% (n)

SEC. $. +isposition of improper appeal.# 0)cept as provided in section ., &ule (** regarding appeals in criminal cases here the penalty imposed is death, reclusion perpetua or life imprisonment, an appeal ta'en to the Supreme Court by notice of appeal shall be dismissed%

An appeal by certiorari ta'en to the Supreme Court from the &egional $rial Court submitting issues of fact may be referred to the Court of Appeals for decision or appropriate action% $he determination of the Supreme Court on hether or not issues of fact are involved shall be final% (n)

SEC. 7. $rocedure if opinion is e6ually divided. # 2here the court en banc is e;ually divided in opinion, or the necessary ma+ority cannot be had, the case shall again be deliberated on, and if after such deliberation no decision is reached, the original action commenced in the court shall be dismissed1 in appealed cases, the +udgment or order appealed from shall stand affirmed1 and on all incidental matters, the petition or motion shall be denied% (((a) PROVISIONAL REMEDIES

RULE #7 PRELIMINAR ATTACHMENT SECTION 1. ,rounds upon which attachment may issue.# At the commencement of the action or at any time before entry of +udgment, a plaintiff or any proper party may have the property of the adverse party attached as security for the satisfaction of any +udgment that may be recovered in the follo ing cases"

(a) In an action for the recovery of a specified amount of money or damages, other than moral and e)emplary a cause of action arising from la , contract, ;uasi7contract, delict or ;uasi7delict against a party ho is about to depart from the Philippines ith intent to defraud his creditors1

(b) In an action for money or property embe,,led or fraudulently misapplied or converted to his o n use by a + public officer, or an officer of a corporation, or an attorney factor, bro'er, agent, or cler', in the course of his employment as such, or by any other person in a fiduciary F capacity, or for a illful violation of duty1

(c) In an action to recover the possession of property un+ustly or fraudulently ta'en, detained or converted,

hen the

property, or any part thereof, has been concealed, removed, or disposed of to prevent its being found or ta'en by the applicant or an authori,ed person1

(d) In an action against a party ho has been guilty of a fraud in contracting the debt or incurring the obligation upon hich the action is brought, or in the performance thereof1

(e) In an action against a party ho has removed or disposed of his property, or is about to do so, his creditors1 or

ith intent to defraud

(f) In an action against a party ho does not reside and is not found in the Philippines, or on served by publication% ((a)

hom summons may be

SEC. !. Issuance and contents of order.# An order of attachment may be issued either e) parte or upon motion ith notice and hearing by the court in hich the action is pending, or by the Court of Appeals or the Supreme Court, and must re;uire the sheriff of the court to attach so much of the property in the Philippines of the party against hom it is issued, not e)empt from e)ecution, as may be sufficient to satisfy the applicantFs demand, unless such party ma'es deposit or gives a bond as hereinafter provided in an amount e;ual to that fi)ed in the order, hich may be the amount sufficient to satisfy the applicantFs demand or the value of the property to be attached as stated by the applicant, e)clusive of costs% Several rits may be issued at the same time to the sheriffs of the courts of different +udicial regions% (*a)

SEC. 3. (ffidavit and bond re6uired.# An order of attachment shall be granted only hen it appears by the affidavit of the applicant, or of some other person ho personally 'no s the facts, that a sufficient cause of action e)ists, that the case is one of those mentioned in section ( hereof, that there is no other sufficient security for the claim sought to be enforced by the action, and that the amount due to the applicant, or the value of the property the possession of hich he is entitled to recover, is as much as the sum for hich the order is granted above all legal counterclaims% $he affidavit, and the bond re;uired by the ne)t succeeding section, must be duly filed ith the court before the order issues% (.a)

SEC. ". Condition of applicant;s bond.# $he party applying for the order must thereafter give a bond e)ecuted to the adverse party in the amount fi)ed by the court in its order granting the issuance of the rit, conditioned that the latter ill pay all the costs hich may be ad+udged to the adverse party and all damages hich he may sustain by reason of the attachment, if the court shall finally ad+udge that the applicant as not entitled thereto% (-a)

SEC. #. !anner of attaching property.# $he sheriff enforcing the rit shall ithout delay and ith all reasonable diligence attach, to a ait +udgment and e)ecution in the action, only so much of the property in the Philippines of the party against hom the rit is issued, not e)empt from e)ecution, as may be sufficient to satisfy the applicantFs demand, unless the former ma'es a deposit ith the court from hich the rit is issued, or gives a counter7bond e)ecuted to the applicant, in an amount e;ual to the bond fi)ed by the court in the order of attachment or to the value of the property to be attached, e)clusive of costs% @o levy on attachment pursuant to the rit issued under section * hereof shall be enforced unless it is preceded, or contemporaneously accompanied, by service of summons, together ith a copy of the complaint, the application for attachment, the applicantFs affidavit and bond, and the order and rit of attachment, on the defendant ithin the Philippines%

$he re;uirement of prior or contemporaneous service of summons shall not apply here the summons could not be served personally or by substituted service despite diligent efforts, or the defendant is a resident of the Philippines temporarily absent therefrom, or the defendant is a non7resident of the Philippines, or the action is one in rem or ;uasi in rem% (5a)

SEC. $. Sheriff;s return.# After enforcing the rit, the sheriff must li'e ise ithout delay ma'e a return thereon to the court from hich the rit issued, ith a full statement of his proceeding under the rit and a complete inventory of the property attached, together ith any counter7bond given by the party against hom attachment is issued, and serve copies thereof on the applicant% (/a)

SEC. 7. (ttachment of real and personal property; recording thereof. # &eal and personal property shall be attached by the sheriff e)ecuting the rit in the follo ing manner"

(a) &eal property, or gro ing crops thereon, or any interest therein, standing upon the record of the registry of deeds of the province in the name of the party against hom attachment is issued, or not appearing at all upon such records, or belonging to the party against hom attachment is issued and held by any other persons or standing on the records of the registry of deeds in the name of any other person, by filing ith the registry of deeds a copy of the order, together ith a description of the property attached, and a notice that it is attached, or that such real property and any interest therein held by or standing in the name of such other person are attached, and by leaving a copy of such order, description, and notice ith the occupant of the property, if any, or ith such other person or his agent if found ithin the province% 2here the property has been brought under the operation of either the Hand &egistration Act or the Property &egistration Eecree, the notice shall contain a reference to the number of the certificate of title, the volume and page in the registration boo' here the certificate is registered, and the registered o ner or o ners thereof%

$he registrar of deeds must inde) attachments filed under this section in the names of the applicant, the adverse party, or the person by hom the property is held or in hose name it stands in the records% If the attachment is not claimed on the entire area of the land covered by the certificate of title, a description sufficiently accurate for the identification of the land or interest to be affected shall be included in the registration of such attachment1

(b) Personal property capable of manual delivery, by ta'ing and safely 'eeping it in his custody, after issuing the corresponding receipt therefor1

(c) Stoc's or shares, or an interest in stoc's or shares, of any corporation or company, by leaving ith the president or managing agent thereof, a copy of the rit, and a notice stating that the stoc' or interest of the party against hom the attachment is issued is attached in pursuance of such rit1

(d) Eebts and credits, including ban' deposits, financial interest, royalties, commissions and other personal property not capable of manual delivery, by leaving ith the person o ing such debts, or having in his possession or under his control, such credits or other personal property, or ith his agent, a copy of the rit, and notice that the debts o ing by him to the party against hom attachment is issued, and the credits and other personal property in his possession, or under his control, belonging to said party, are attached in pursuance of such rit1

(e) $he interest of the party against hom attachment is issued in property belonging to the estate of the decedent, hether as heir, legatee, or devisee, by serving the e)ecutor or administrator or other personal representative of the decedent ith a copy of the rit and notice that said interest is attached% A copy of said rit of attachment of said notice shall also be filed in the office of the cler' the court in hich said estate is being settled and served upon the heir, legatee or devisee concerned%

If the property sought to be attached is in custodia legis, a copy of the rit of attachment shall be filed ith the proper court or ;uasi7+udicial agency, and notice of the attachment served upon the custodian of such property% (<a)

SEC. 8. *ffect of attachment of debts, credits and all other similar personal property. # All persons having in their possession or under their control any credits or other similar personal property belonging to the party against hom attachment is issued, or o ing any debts to him, at the time of service upon them of the copy of the rit of attachment and notice as provided in the last preceding section, shall be liable to the applicant for the amount of such credits, debts or other similar personal property, until the attachment is discharged, or any +udgment recovered by him is satisfied, unless such property is delivered or transferred, or such debts are paid, to the cler', sheriff, or other proper officer of the court issuing the attachment% (=a)

SEC. 9. *ffect of attachment of interest in property belonging to the estate of a decedent. # $he attachment of the interest of an heir, legatee, or devisee in the property belonging to the estate of a decedent shall not impair the po ers of the e)ecutor, administrator, or other persona representative of the decedent over such property for t e purpose of administration% Such personal representative, ho ever, shall report the attachment to the court hen any petition for distribution is filed, and in the order made upon such petition, distribution may be a arded to such heir, legatee, or devisee, but the property attached s be ordered delivered to the sheriff ma'ing the levy, sub+ect to the claim of such heir, legatee, or devisee, or any person claiming under him% (>a)

SEC. 10. *4amination of party whose property is attached and persons indebted to him or controlling his property; delivery of propery to sheriff.# Any person o ing debts to the party hose property is attached or having in his possession or under his control any credit or other personal property belonging to such party, may be re;uired to attend before the court in hich the action is pending, or before a commissioner appointed by the court, and be e)amined on oath respecting the same% $he party hose property is attached may also be re;uired to attend for the purpose of giving information respecting his property, and may be e)amined on oath% $he court may, after such e)amination, order personal property capable of manual delivery belonging to him, in the possession of the person so re;uired to attend before the court, to be delivered to the cler' of the court or sheriff on such terms as may be +ust, having reference to any lien thereon or claim against the same, to a ait the +udgment in the action% ((?a)

SEC. 11. #hen attached property may be sold after levy on attachment and before entry of "udgment. # 2henever it shall be made to appear to the court in hich the action is pending, upon hearing ith notice to both parties, that the property attached is perishable, or that the interests of all the parties to the action ill be subserved by the sale thereof, the court may order such property to be sold at public auction in such manner as it may direct, and the proceeds of such sale to be deposited in court to abide the +udgment in the action% (((a)

SEC. 1!. +ischarge of attachment upon giving counter&bond. # After a rit of attachment has been enforced, the party hose property has been attached, or the person appearing on his behalf, may move for the discharge of the attachment holly or in part on the security given% $he court shall, after due notice and hearing, order the discharge of the attachment if the movant ma'es a cash deposit, or files a counter7bond e)ecuted to the attaching party the cler' of the court here the application is made in amount e;ual to that fi)ed by the court in the order of attachment, e)clusive of costs% !ut if the attachment is sought to be discharged ith respect to a particular property, the counter7bond shall be e;ual to the value of that property as determined by the court% In either case, the cash deposit or the counter7bond shall secure the payment of any +udgment that the attaching party may recover in the action% A notice of the deposit shall forth ith be served on the attaching party% 9pon the discharge of an attachment in accordance ith the provisions of this section, the property attached, or the proceeds of any sale thereof, shall be delivered to the party ma'ing the deposit or giving the counter7bond, or to the person appearing on his behalf, the deposit or counter7bond aforesaid standing in place of the property so released% Should such counter7bond for any reason be found to be or become insufficient, and the party furnishing the same fail to file an additional counter7bond, the attaching party may apply for a ne order of attachment% ((*a)

SEC. 13. +ischarge of attachment on other grounds. # $he party hose property has been ordered attached may file a motion ith the court in hich the action is pending, before or after levy or even after the release of the attached property, for an order to set aside or discharge the attachment on the ground that the same as improperly or irregularly issued or enforced, or that the bond is insufficient% If the attachment is e)cessive, the discharge shall be limited to the e)cess% If the motion be made on affidavits on the part of the movant but not other ise, the attaching party may oppose the motion by counter7affidavits or other evidence in addition to that on hich the attachment as made% After due notice and hearing, the court shall order the setting aside or the corresponding discharge of the attachment if it appears that it as improperly or irregularly issued or enforced, or that the bond is insufficient, or that the attachment is e)cessive, and the defect is not cured forth ith% ((.a)

SEC. 1". $roceedings where property claimed by third person. # If the property attached is claimed by any person other than the party against hom attachment had been issued or his agent, and such person ma'es an affidavit of his title thereto, or right to the possession thereof, stating the grounds of such right or title, and serves such affidavit upon the sheriff hile the latter has possession of the attached property, and a copy thereof upon the attaching party, the sheriff shall not be bound to 'eep the property under attachment, unless the attaching party or his agent, on demand of the sheriff, shall file a bond approved by the court to indemnify the third7party claimant in a sum not less than the value of the property levied upon% In case of disagreement as to such value, the same shall be decided by the court issuing the rit of attachment% @o claim for damages for the ta'ing or 'eeping of the property may be enforced against the bond unless the action therefor is filed ithin one hundred t enty ((*?) days from the date of the, filing of the bond%

$he sheriff shall not be liable for damages for the ta'ing or 'eeping of such property, to any such third7party claimant, if such bond shall be filed% @othing herein contained shall prevent such claimant or any third person from vindicating his claim to the property, or prevent the attaching party from claiming damages against a third7party claimant ho filed a frivolous or plainly spurious claim, in the same or a separate action%

2hen the rit of attachment is issued hi favor of the &epublic of the Philippines, or any officer duly representing it, the filing of such bond shall not be re;uired, and in case the sheriff is sued for damages as a result of the attachment, he shall be represented by the Solicitor Beneral, and if held liable therefor, the actual damages +udged by the court shall be paid by the @ational $reasurer out of the funds to be appropriated for the purpose% ((-a)

SEC. 1#. Satisfaction of "udgment out of attac)ed; return of sheriff. # If +udgment be recovered by the attaching party and e)ecution issue thereon, the sheriff may cause the +udgment to be satisfied out of the property attached, if it be sufficient for that purpose in the follo ing manner"

(a) !y paying to the +udgment obligee the proceeds of all sales of perishable or other property sold in pursuance of the order of the court, or so much as shall be necessary to satisfy the +udgment1

(b) If any balance remains due, by selling so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remain in the sheriffs hands, or in those of the cler' of the court1

(c) !y collecting from all persons having in their possession credits belonging to the +udgment obligor, or o ing debts to the latter at the time of the attachment of such credits or debts, the amount of such credits and debts as determined by the court in the action, and stated in the +udgment, and paying the proceeds of such collection over to the +udgment obligee%

$he sheriff shall forth ith ma'e a return in

riting to the court of his proceedings under this section and furnish the parties

ith copies thereof% ((5a)

SEC. 1$. 1alance due collected upon an e4ecution; e4cess delivered to "udgment obligor. # If after reali,ing upon all the property attached, including the proceeds of any debts or credits collected, and applying the proceeds to the satisfaction of the +udgment, less the e)penses of proceedings upon the +udgment, any balance shall remain due, the sheriff must proceed to collect such balance as upon ordinary e)ecution% 2henever the +udgment shall have been paid, the sheriff, upon reasonable demand, must return to the +udgment obligor the attached property remaining in his hands, and any proceeds of the sale of the property attached not applied to the +udgment% ((/a)

SEC. 17. Recovery upon the counter&bond.# 2hen the +udgment has become e)ecutory, the surety or sureties on any counter7bond given pursuant to the provisions of this &ule to secure the payment of the +udgment shall become charged on such counter7bond and bound to pay the +udgment obligee upon demand the amount due under the +udgment, hich amount may be recovered from such surety or sureties after notice and summary hearing in the same action% ((<a)

SEC. 18. +isposition of money deposited.# 2here the party against hom attachment had been issued has deposited money instead of giving counter7bond, it shall be applied under the direction of the court to the satisfaction of any +udgment rendered in favor of the attaching party, and after satisfying the +udgment the balance shall be refunded to the depositor or his assignee% If the +udgment is in favor of the party against hom attachment as issued, the hole sum deposited must be refunded to him or his assignee% ((=a)

SEC. 19. +isposition of attached property where "udgment is for party against whom, attachment was issued. # If +udgment be rendered against the attaching party, all the proceeds of sales and money collected or received by the sheriff, under the order of attachment, and all property attached remaining in any such officerFs hands, shall be delivered to the party against hom attachment as issued, and the order of attachment discharged% ((>a)

SEC. !0. Claim for damages on account of improper, irregular or e4cessive attachment. # An application for damages on account of improper, irregular or e)cessive attachment must be filed before the trial or before appeal is perfected or before the +udgment becomes e)ecutory, ith due notice to the attaching party and his surety or sureties, setting forth the facts sho ing his right to damages and the amount thereof% Such damages may be a arded only after proper hearing and shall be included in the +udgment on the main case%

If the +udgment of the appellate court be favorable to the party against hom the attachment as issued, he must claim damages sustained during the pendency of the appeal by filing an application in the appellate court, ith notice to the party in hose favor the attachment as issued or his surety or sureties, before the +udgment of the appellate court becomes e)ecutory% $he appellate court may allo the application to be heard and decided by the trial court%

@othing herein contained shall prevent the party against hom the attachment as issued from recovering in the same action the damages a arded to him from any property of the attaching party not e)empt from e)ecution should the bond or deposit given by the latter be insufficient or fail to fully satisfy the a ard% (*?a) RULE #8 PRELIMINAR IN'UNCTION SECTION 1. $reliminary in"unction defined; classes. # A preliminary in+unction is an order granted at any stage of an action or proceeding prior to the +udgment or final order, re;uiring a party or a court, agency or a person to refrain from a particular act or acts% It may also re;uire the performance of a particular act or acts, in hich case it shall be 'no n as a

preliminary mandatory in+unction% ((a)

SEC. !. #ho may grant preliminary in"unction. # A preliminary in+unction may be granted by the court here the action or proceeding is pending% If the action or proceeding is pending in the Court of Appeals or in the Supreme Court, it may be issued by said court or any member thereof% (*a)

SEC. 3. ,rounds for issuance of preliminary in"unction. # A preliminary in+unction may be granted established"

hen it is

(a) $hat the applicant is entitled to the relief demanded, and the hole or part of such relief consists in restraining the commission or continuance of the act or acts complained of, or in re;uiring the performance of an act or acts, either for a limited period or perpetually1

(b) $hat the commission, continuance or non7performance of the act or acts complained of during the litigation ould probably or' in+ustice to the applicant1 or

(c) $hat a party, court, agency or a person is doing, threatening, or is attempting to do, or is procuring or suffering to be done, some act or acts probably in violation of the rights of the applicant respecting the sub+ect of the action or proceeding, and tending to render the +udgment ineffectual% (.a)

SEC. ". -erified application and bond for preliminary in"unction or temporary restraining order. # A preliminary in+unction or temporary restraining order may be granted only hen"

(a) $he application in the action or proceeding is verified, and sho s facts entitling the applicant to the relief demanded1 and

(b) 9nless e)empted by the court, the applicant files ith the court here the action or proceeding is pending, a bond e)ecuted to the party or person en+oined, in an amount to be fi)ed by the court, to the effect that the applicant ill pay to such party or person all damages hich he may sustain by reason of the in+unction or temporary restraining order if the court should finally decide that the applicant as not entitled thereto% 9pon approval of the re;uisite bond, a rit of preliminary in+unction shall be issued% (-a)

(c) 2hen an application for a rit of preliminary in+unction or a temporary restraining order is included in a complaint or any initiatory pleading, the case, if filed in a multiple7sala court, shall be raffled only after notice to and in the presence of the adverse party or the person to be en+oined% In any event, such notice shall be preceded, or contemporaneously accompanied, by service of summons, together ith a copy of the complaint or initiatory pleading and the applicantFs affidavit and bond, upon the adverse party in the Philippines%

:o ever, here the summons could not be served personally or by substituted service despite diligent efforts or the adverse party is a resident of the Philippines temporarily absent therefrom or is a nonresident thereof the re;uirement of prior or contemporaneous service of summons shall not apply%

(d) $he application for a temporary restraining order shall thereafter be acted upon only after all parties are heard in a summary hearing hich shall be conducted ithin t enty7four (*-) hours after the sheriffs return of service andKor the records are received by the branch selected by raffle and to hich the records shall be transmitted immediately%

SEC. #. $reliminary in"unction not granted without notice; e4ception. # @o preliminary in+unction shall be granted ithout hearing and prior notice to the party or person sought to be en+oined% If it shall appear from facts sho n by affidavits or by the verified application that great or irreparable in+ury ould result to the applicant before the matter can be heard on notice, the court to hich the application for preliminary in+unction as made, may issue e) parte a temporary restraining order to be effective only for a period of t enty (*?) days from service on the party or person sought to be en+oined, e)cept as herein provided% 2ithin the said t enty7day period, the court must order said party or person to sho cause, at a specified time and place, hy the in+unction should not be granted, determine ithin the same period hether or not the preliminary in+unction shall be granted, and accordingly issue the corresponding order%

:o ever, and sub+ect to the provisions of the preceding sections, if the matter is of e)treme urgency and the applicant ill suffer grave in+ustice and irreparable in+ury the e)ecutive +udge of a multiple7sala court or the presiding +udge of a single7 sala court may issue e) parte a temporary restraining order effective for only seventy7t o (<*) hours from issuance but he shall immediately comply ith the provisions of the ne)t preceding section as to service of summons and the documents to be served there ith% $hereafter, ithin the aforesaid seventy7t o (<*) hours, the +udge before hom the case is pending shall conduct a summary hearing to determine hether the temporary restraining order shall be e)tended until the application for preliminary in+unction can be heard% In no case shall the total period of effectivity of the temporary restraining order e)ceed t enty (*?) days, including the original seventy7t o hours provided herein%

In the event that the application for preliminary in+unction is denied or not resolved ithin the said period, the temporary restraining order is deemed automatically vacated% $he effectivity of a temporary restraining order is not e)tendible ithout need of any +udicial declaration to that effect and no court shall have authority to e)tend or rene the same on the same ground for hich it as issued%

:o ever, if issued by the Court of Appeals or a member thereof, the temporary restraining order shall be effective for si)ty (/?) days from service on the party or person sought to be en+oined% A restraining order issued by the Supreme Court or a member thereof shall be effective until further orders% (5a)

SEC. $. ,rounds for ob"ection to, or for motion of dissolution of, in"unction or restraining order. # $he application for in+unction or restraining order may be denied, upon a sho ing of its insufficiency% $he in+unction or restraining order may also be denied, or, if granted, may be dissolved, on other grounds upon affidavits of the party or person en+oined, hich may be opposed by the applicant also by affidavits% It may further be denied, or, if granted, may be dissolved, if it appears after hearing that although the applicant is entitled to the in+unction or restraining order, the issuance or continuance thereof, as the case may be, ould cause irreparable damage to the party or person en+oined hile the applicant can be fully compensated for such damages as he may suffer, and the former files a bond in an amount fi)ed by the court conditioned that he ill pay all damages hich the applicant may suffer by the denial or the dissolution of the in+unction or restraining order% If it appears that the e)tent of the preliminary in+unction or restraining order granted is too great, it may be modified% (/a)

SEC. 7. Service of copies of bonds; effect of disapproval of same. # $he party filing a bond in accordance ith the provisions of this &ule shall forth ith serve a copy of such bond on the other party, ho may e)cept to the sufficiency of the bond, or of the surety or sureties thereon% If the applicantFs bond is found to be insufficient in amount, or if the surety or sureties thereon fail to +ustify, and a bond sufficient in amount ith sufficient sureties approved after +ustification is not filed forth ith, the in+unction shall be dissolved% If the bond of the adverse party is found to be insufficient in amount, or the surety or sureties thereon fail to +ustify a bond sufficient in amount ith sufficient sureties approved after +ustification is not

filed forth ith, the in+unction shall be granted or restored, as the case may be% (=a)

SEC. 8. udgment to include damages against party and sureties # At the trial, the amount of damages to be a arded to either party, upon the bond of the adverse party, shall be claimed, ascertained, and a arded under the same procedure prescribed in section *? of &ule 5<% (>a)

SEC. 9. #hen final in"unction granted.# If after the trial of the action it appears that the applicant is entitled to have the act or acts complained of permanently en+oined, the court shall grant a final in+unction perpetually restraining the party or person en+oined from the commission or continuance of the act or acts or confirming the preliminary mandatory in+unction% ((?a) RULE #9 RECEIVERSHIP SECTION 1. (ppointment of receiver.# 9pon a verified application, one or more receivers of the property sub+ect of the action or proceeding may be appointed by the court here the action is pending, or by the Court of Appeals or by the Supreme Court, or a member thereof, in the follo ing cases"

(a) 2hen it appears from the verified application, and such other proof as the court may re;uire, that the party applying for the appointment of a receiver has an interest in the property or fund hich is the sub+ect of the action or proceeding, and that such property or fund is in danger of being lost, removed, or materially in+ured unless a receiver be appointed to administer and preserve it1

(b) 2hen it appears in an action by the mortgagee for the foreclosure of a mortgage that the property is in danger of being asted or dissipated or materially in+ured, and that its value is probably insufficient to discharge the mortgage debt, or that the parties have so stipulated in the contract of mortgage1

(c) After +udgment, to preserve the property during the pendency of an appeal, or to dispose of it according to the +udgment, or to aid e)ecution hen the e)ecution has been returned unsatisfied or the +udgment obligor refuses to apply his property in satisfaction of the +udgment, or other ise to carry the +udgment into effect1

(d) 2henever in other cases it appears that the appointment of a receiver is the most convenient and feasible means of preserving, administering, or disposing of the property in litigation%

Euring the pendency of an appeal, the appellate court may allo an application for the appointment of a receiver to be filed in and decided by the court of origin and the receiver appointed to be sub+ect to the control of said court% ((a)%

SEC. !. 1ond on appointment of receiver.# !efore issuing the order appointing a receiver the court shall re;uire the applicant to file a bond e)ecuted to the party against hom the application is presented, in an amount to be fi)ed by the court, to the effect that the applicant ill pay such party all damages he may sustain by reason of the appointment of such receiver in case the applicant shall have procured such appointment ithout sufficient cause1 and the court may, in its discretion, at any time after the appointment, re;uire an additional bond as further security for such damages% (.a)

SEC. 3. +enial of application or discharge of receiver.# $he application may be denied, or the receiver discharged, hen the adverse party files a bond e)ecuted to the applicant, in an amount to be fi)ed by the court, to the effect that such party ill pay the applicant all damages he may suffer by reason of the acts, omissions, or other matters specified hi the application as ground for such appointment% $he receiver may also be discharged if it is sho n that his appointment as obtained ithout sufficient cause% (-a)

SEC. ". Oath and bond of receiver.# !efore entering upon his duties, the receiver shall be s orn to perform them faithfully, and shall file a bond, e)ecuted to such person and in such sum as the court may direct, to the effect that he ill faithfully discharge his duties in the action or proceeding and obey the orders of the court% (5a)

SEC. #. Service of copies of bonds; effect of disapproval of same. # $he person filing a bond in accordance ith the provisions of this &ule shall forth ith serve a copy thereof on each interested party, ho may e)cept to its sufficiency or of the surety or sureties thereon% If either the applicant s or the receiverFs bond is found to be insufficient hi amount, or if the surety or sureties thereon fail to +ustify, and a bond sufficient in amount ith sufficient sureties approved after +ustification is not filed forth ith, the application shall be denied or the receiver discharged, as the case may be% If bond of the adverse party is found to be insufficient in amount or the surety or sureties thereon fail to +ustify, and a bond sufficient in amount ith sufficient sureties approved after +ustification is not filed forth ith, the receiver shall be appointed or re7appointed, as the case may be% (/a)

SEC. $. ,eneral powers of receiver.# Sub+ect to the control of the court in hich the action or proceeding is pending, a receiver shall have the po er to bring and defend, in such capacity, actions in his o n name1 to ta'e and 'eep possession of the property in controversy1 to receive rents1 to collect debts due to himself as receiver or to the fund, property, estate, person, or corporation of hich he is the receiver1 to compound for and compromise the same1 to ma'e transfers1 to pay outstanding debts1 to divide the money and other property that shall remain among the persons legally entitled to receive the same1 and generally to do such acts respecting the property as the court may authori,e% :o ever, funds in the hands of a receiver may be invested only by order of the court upon the ritten consent of all the parties to the action% (<a)

@o action may be filed by or against a receiver ithout leave of the court

hich appointed him% (n)

SEC. 7. 7iability for refusal or neglect to deliver property to receiver. # A person ho refuses or neglects, upon reasonable demand, to deliver to the receiver all the property, money, boo's, deeds, notes, bills, documents and papers ithin his po er or control, sub+ect of or involved in the action or proceeding, or in case of disagreement, as determined and ordered by the court, may be punished for contempt and shall be liable to the receiver for the money or the value of the property and other things so refused or neglected to be surrendered, together ith all damages that may have been sustained by the party or parties entitled thereto as a conse;uence of such refusal or neglect% (n)

SEC. 8. Termination of receivership; compensation of receiver. # 2henever the court, motu proprio or on motion of either party, shall determine that the necessity for a receiver no longer e)ists, it shall, after due notice to all interested parties and hearing, settle the accounts of the receiver, direct the delivery of the funds and other property in his possession to the person ad+udged to be entitled to receive them, and order the discharge of the receiver from further duty as such% $he court shall allo the receiver such reasonable compensation as the circumstances of the case arrant, to be ta)ed as costs against the defeated party, or apportioned, as +ustice re;uires% (=a)

SEC. 9. udgment to include recovery against sureties. # $he amount, if any, to be a arded to any party upon any bond filed in accordance ith the provisions of this &ule, shall be claimed, ascertained, and granted under the same procedure prescribed in section *? of &ule 5<% (>a)

RULE $0 REPLEVIN SECTION 1. (pplication.# A party praying for the recovery of possession of personal property may, at the commencement of the action or at anytime before ans er, apply for an order for the delivery of such property to him, in the manner hereinafter provided% ((a)

SEC. !. (ffidavit and bond.# $he applicant must sho 'no s the facts"

by his o n affidavit or that of some other person

ho personally

(a) $hat the applicant is the o ner of the property claimed, particularly describing it, or is entitled to the possession thereof1

(b) $hat the property is rongfully detained by the adverse party, alleging the cause of detention thereof according to the best of his 'no ledge, information, and belief1

(c) $hat the property has not been distrained or ta'en for a ta) assessment or a fine pursuant to la , or sei,ed under a rit of e)ecution or preliminary attachment, or other ise placed under custodia legis, or if so sei,ed, that it is e)empt from such sei,ure or custody1 and

(d) $he actual mar'et value of the property%

$he applicant must also give a bond, e)ecuted to the adverse party in double the value of the property as stated in the affidavit aforementioned, for the return of the property to the adverse party if such return be ad+udged, and for the payment to the adverse party of such sum as he may recover from the applicant in the action% (*a)

SEC. 3. Order.# 9pon the filing of such affidavit and approval of the bond, the court shall issue an order and the corresponding rit of replevin describing the personal property alleged to be rongfully detained and re;uiring the sheriff forth ith to ta'e such property into his custody% (.a)

SEC. ". +uty of the sheriff.# 9pon receiving such order, the sheriff must serve a copy thereof on the adverse party, together ith a copy of the application, affidavit and bond, and must forth ith ta'e the property, if it be in the possession of the adverse party, or his agent, and retain it in his custody% If the property or any part thereof be concealed in a building or enclosure, the sheriff must demand its delivery, and if it be not delivered, he must cause the building or enclosure to be bro'en open and ta'e the property into his possession% After the sheriff has ta'en possession of the properly as herein provided, he must 'eep it in a secure place and shall be responsible for its delivery to the party entitled thereto upon receiving his fees and necessary e)penses for ta'ing and 'eeping the same% (-a)

SEC. #. Return of property.# If the adverse party ob+ects to the sufficiency of the applicantFs bond, or of the surety or sureties thereon, he cannot immediately re;uire the return of the property, but if he does not so ob+ect, he may, at any time before the delivery of the property to the applicant, re;uire the return thereof, by filing ith the court here the action

is pending a bond e)ecuted to the applicant, in double the value of the property as stated in the applicantFs affidavit for the delivery thereof to the applicant, if such delivery be ad+udged, and for the payment of such sum to him as may be recovered against the adverse party, and by serving a copy of such bond on the applicant% (5a)

SEC. $. +isposition of property by sheriff. # If ithin five (5) days after the ta'ing of the property by the sheriff, the adverse party does not ob+ect to the sufficiency of the bond, or of the surety or sureties thereon1 or if the adverse party so ob+ects and the court affirms its approval of the applicantFs bond or approves a ne bond, or if the adverse party re;uires the return of the property but his bond is ob+ected to and found insufficient and he does not forth ith file an approved bond, the property shall be delivered to the applicant% If for any reason the property is not delivered to the applicant, the sheriff must return it to the adverse party% (/a)

SEC. 7. $roceedings where property claimed by third person. # If the property ta'en is claimed by any person other than the party against hom the rit of replevin had been issued or his agent, and such person ma'es an affidavit of his title thereto, or right to the possession thereof, stating the grounds therefor, and serves such affidavit upon the sheriff hile the latter has possession of the property and a copy thereof upon the applicant, the sheriff shall not be bound to 'eep the property under replevin or deliver it to the applicant unless the applicant or his agent, on demand of said sheriff, shall file a bond approved by the court to indemnify the third7party claimant in a sum not less than the value of the property under replevin as provided in section * hereof% In case of disagreement as to such value, the court shall determine the same% @o claim for damages for the ta'ing or 'eeping of the property may be enforced against the bond unless the action therefor is filed ithin one hundred t enty ((*?) days from the date of the filing of the bond%

$he sheriff shall not be liable for damages, for the ta'ing or 'eeping of such property, to any such third7party claimant if such bond shall be filed% @othing herein contained shall prevent such claimant or any third person from vindicating his claim to the property, or prevent the applicant from claiming damages against a third7party claimant ho filed a frivolous or plainly spurious claim, in the same or a separate action%

2hen the rit of replevin is issued in favor of the &epublic of the Philippines, or any officer duly representing it, the filing of such bond shall not be re;uired, and in case the sheriff is sued for damages as a result of the replevin, he shall be represented by the Solicitor Beneral, and if held liable therefor, the actual damages ad+udged by the court shall be paid by the @ational $reasurer out of the funds to be appropriated for the purpose% (<a)

SEC. 8. Return of papers.# $he sheriff must file the order, ith his proceedings indorsed thereon, ten ((?) days after ta'ing the property mentioned therein% (=a)

ith the court

ithin

SEC. 9. udgment.# After trial of the issues, the court shall determine ho has the right of possession to and the value of the property and shall render +udgment in the alternative for the delivery thereof to the party entitled to the same, or for its value in case delivery cannot be made, and also for such damages as either party may prove, ith costs% (>a)

SEC. 10. udgment to include recovery against sureties. # $he amount, if any, to be a arded to any party upon any bond filed in accordance ith the provisions of this &ule, shall be claimed, ascertained, and granted under the same procedure as prescribed in section *? of &ule 5<% ((?a) RULE $1 SUPPORT PENDENTE LITE SECTION 1. (pplication.# At the commencement of the proper action or proceeding, or at any time prior to the

+udgment or final order, a verified application for support pendente life may be filed by any party stating the grounds for the claim and the financial conditions of both parties, and accompanied by affidavits, depositions or other authentic documents in support thereof% ((a)

SEC. !. Comment.# A copy of the application and all supporting documents shall be served upon the adverse party, ho shall have five (5) days to comment thereon unless a different period is fi)ed by the court upon his motion% $he comment shall be verified and shall be accompanied by affidavits, depositions or other authentic documents in support thereof% (*a, .a) SEC. 3. 2earing.# After the comment is filed, or after the e)piration of the period for its filing, the application shall be set for hearing not more than three (.) days thereafter% $he facts in issue shall be proved in the same manner as is provided for evidence on motions% (-a) SEC. ". Order.# $he court shall determine provisionally the pertinent facts, and shall render such orders as +ustice and e;uity may re;uire, having due regard to the probable outcome of the case and such other circumstances as may aid in the proper resolution of the ;uestion involved% If the application is granted, the court shall fi) the amount of money to be provisionally paid or such other forms of support as should be provided, ta'ing into account the necessities of the applicant and the resources or means of the adverse party, and the terms of payment or mode for providing the support% If the application is denied, the principal case shall be tried and decided as early as possible% (5a)

SEC. #. *nforcement of order.# If the adverse party fails to comply ith an order granting support pendente life, the court shall, motu proprio or upon motion, issue an order of e)ecution against him, ithout pre+udice to his liability for contempt% (/a) 2hen the person ordered to give support pendente lite refuses or fails to do so, any third person ho furnished that support to the applicant may, after due notice and hearing in the same case, obtain a rit of e)ecution to enforce his right of reimbursement against the person ordered to provide such support% (n)

SEC. $. Support in criminal cases.# In criminal actions here the civil liability includes support for the offspring as a conse;uence of the crime and the civil aspect thereof has not been aived, reserved or instituted prior to its filing, the accused may be ordered to provide support pendente lite to the child born to the offended party allegedly because of the crime% $he application therefor may be filed successively by the offended party, her parents, grandparents or guardian and the State in the corresponding criminal case during its pendency, in accordance ith the procedure established under this &ule% (n) SEC. 7. Restitution.# 2hen the +udgment or final order of the court finds that the person ho has been providing support pendente lite is not liable therefor, it shall order the recipient thereof to return to the former the amounts already paid ith legal interest from the dates of actual payment, ithout pre+udice to the right of the recipient to obtain reimbursement in a separate action from the person legally obliged to give the support% Should the recipient fail to reimburse said amounts, the person ho provided the same may li'e ise see' reimbursement thereof in a separate action from the person legally obliged to give such support% (n) SPECIAL CIVIL ACTIONS RULE $! INTERPLEADER SECTION 1. #hen interpleader proper.# 2henever conflicting claims upon the same sub+ect matter are or may be made against a person ho claims no interest hatever in the sub+ect matter, or an interest hich in hole or in part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves% ((a, &/.)

SEC. !. Order.# 9pon the filing of the complaint, the court shall issue an order re;uiring the conflicting claimants to interplead ith one another% If the interests of +ustice so re;uire, the court may direct in such order that the sub+ect matter be paid or delivered to the court% (*a, &/.)

SEC. 3. Summons.# Summons shall be served upon the conflicting claimants, together ith a copy of the complaint and order% (., &/.)

SEC. ". !otion to dismiss.# 2ithin the time for filing an ans er, each claimant may file a motion to dismiss on the ground of impropriety of the interpleader action or on other appropriate grounds specified in &ule (/% $he period to file the ans er shall be tolled and if the motion is denied, the movant may file his ans er ithin the remaining period, but hich shall not be less than five (5) days in any event, rec'oned from notice of denial% (n)

SEC. #. (nswer and other pleadings.# 0ach claimant shall file his ans er setting forth his claim ithin fifteen ((5) days from service of the summons upon him, serving a copy thereof upon each of the other conflicting claimants ho may file their reply thereto as provided by these &ules% If any claimant fails to plead ithin the time herein fi)ed, the court may, on motion, declare him in default and thereafer render +udgment barring him from any claim in respect to the sub+ect matter%

$he parties in an interpleader action may file counterclaims, cross7claims, third7party complaints and responsive pleadings thereto, as provided by these &ules% (-a, &/.) SEC. $. +etermination.# After the pleadings of the conflicting claimants have been filed, and pre7trial has been conducted in accordance ith the &ules, the court shall proceed to determine their respective rights and ad+udicate their several claims% (5a, &/.) SEC. 7. +oc)et and other lawful fees, costs and litigation e4penses as liens. # $he doc'et and other la ful fees paid by the party ho filed a complaint under this &ule, as ell as the costs and litigation e)penses, shall constitute a lien or charge upon the sub+ect matter of the action, unless the court shall order other ise% (/a, &/.) RULE $3 DECLARATOR RELIEF AND SIMILAR REMEDIES SECTION 1. #ho may file petition.# Any person interested under a deed, ill, contract or other ritten instrument, hose rights are affected by a statute, e)ecutive order or regulation, ordinance, or any other governmental regulation may, before breach or violation thereof, bring an action in the appropriate &egional $rial Court to determine any ;uestion of construction or validity arising, and for a declaration of his rights or duties, thereunder% An action for the reformation of an instrument, to ;uiet title to real property or remove clouds therefrom, or to consolidate o nership under Article (/?< of the Civil Code, may be brought under this &ule% ((a, &/-) SEC. !. $arties.# All persons ho have or claim any interest hich ould be affected by the declaration shall be made parties1 and no declaration shall, e)cept as other ise provided in these &ules, pre+udice the rights of persons not parties to the action% (*a, &/-) SEC. 3. %otice on Solicitor ,eneral.# In any action hich involves the validity of a statute, e)ecutive order or

regulation, or any other governmental regulation, the Solicitor Beneral shall be notified by the party assailing the same and shall be entitled to be heard upon such ;uestion% (.a, &/-) SEC. ". 7ocal government ordinances.# In any action involving the validity of a local government ordinance, the corresponding prosecutor or attorney of the local governmental unit involved shall be similarly notified and entitled to be heard% If such ordinance is alleged to be unconstitutional, the Solicitor Beneral shall also be notified and entitled to be heard% (-a, &/-) SEC. #. Court action discretionary.# 0)cept in actions falling under the second paragraph of section ( of this &ule, the court, motu proprio or upon motion, may refuse to e)ercise the po er to declare rights and to construe instruments in any case here a decision ould not terminate the uncertainty or controversy hich gave rise to the action, or in any case here the declaration or construction is not necessary and proper under the circumstances% (5a, &/-) SEC. $. Conversion into ordinary action.# If before the final termination of the case, a breach or violation of an instrument or a statute, e)ecutive order or regulation, ordinance, or any other governmental regulation should ta'e place, the action may thereupon be converted into an ordinary action, and the parties shall be allo ed to file such pleadings as may be necessary or proper% (/a, &/-) RULE $" REVIE& OF 'UDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE COMMISSION ON ELECTIONS AND THE COMMISSION ON AUDIT SECTION 1. Scope. # $his &ule shall govern the revie on 0lections and the Commission on Audit% (n) of +udgments and final orders or resolutions of the Commission

SEC. !. !ode of review.# A +udgment or final order or resolution of the the Commission on 0lections and the Commission on Audit may be brought by the aggrieved party to the Supreme Court on certiorari under &ule /5, e)cept as hereinafter provided% (n)

SEC. 3. Time to file petition. # $he petition shall be filed ithin thirty (.?) days from notice of the +udgment or final order or resolution sought to be revie ed% $he filing of a motion for ne trial or reconsideration of said +udgment or final order or resolution, if allo ed under the procedural rules of the Commission concerned, shall interrupt the period herein fi)ed% If the motion is denied, the aggrieved party may file the petition ithin the remaining period, but hich shall not be less than five (5) days in any event, rec'oned from notice of denial% (n)

SEC. ". +oc)et and other lawful fees.# 9pon the filing of the petition, the petitioner shall pay to the cler' of court the doc'et and other la ful fees and deposit the amount of P5??%?? for costs% (n)

SEC. #. 3orm and contents of petition. # $he petition shall be verified and filed in eighteen ((=) legible copies% $he petition shall name the aggrieved party as petitioner and shall +oin as respondents the Commission concerned and the person or persons interested in sustaining the +udgment, final order or resolution a ;uo% $he petition shall state the facts ith certainty, present clearly the issues involved, set forth the grounds and brief arguments relied upon for revie , and pray for +udgment annulling or modifying the ;uestioned +udgment, final order or resolution% Aindings of fact of the Commission supported by substantial evidence shall be final and non7revie able%

$he petition shall be accompanied by a clearly legible duplicate original or certified true copy of the +udgment, final order

or resolution sub+ect thereof, together ith certified true copies of such material portions of the record as are referred to therein and other documents relevant and pertinent thereto% $he re;uisite number of copies of the petition shall contain plain copies of all documents attached to the original copy of said petition%

$he petition shall state the specific material dates sho ing that it as filed ithin the period fi)ed herein, and h shall contain a s orn certification against forum shopping as provided in the third paragraph of section ., &ule -/%

$he petition shall further be accompanied by proof of service of a copy thereof on the Commission concerned and on the adverse party, and of the timely payment of doc'et and other la ful fees%

$he failure of petitioner to comply ith any of the foregoing re;uirements shall be sufficient ground for the dismissal of the petition% (n)

SEC. $. Order to comment.# If the Supreme Court finds the petition sufficient in form and substance, it shall order the respondents to file their comments on the petition ithin ten ((?) days from notice thereof1 other ise, the Court may dismiss the petition outright% $he Court may also dismiss the petition if it as filed manifestly for delay, or the ;uestions raised are too unsubstantial to arrant further proceedings% (n)

SEC. 7. Comments of respondents.# $he comments of the respondents shall be filed in eighteen ((=) legible copies% $he original shall be accompanied by certified true copies of such material portions of the record as are referred to therein together ith other supporting papers% $he re;uisite number of copies of the comments shall contain plain copies of all documents attached to the original and a copy thereof shall be served on the petitioner%

@o other pleading may be filed by any party unless re;uired or allo ed by the Court% (n)

SEC. 8. *ffect of filing.# $he filing of a petition for certiorari shall not stay the e)ecution of the +udgment or final order or resolution sought to be revie ed, unless the Supreme Court shall direct other ise upon such terms as it may deem +ust% (n)

SEC. 9. Submission for decision.# 9nless the Court sets the case for oral argument, or re;uires the parties to submit memoranda, the case shall be deemed submitted for decision upon the filing of the comments on the petition, or of such other pleadings or papers as may be re;uired or allo ed, or the e)piration of the period to do so% (n) RULE $# CERTIORARI, PROHIBITION AND MANDAMUS SECTION 1. $etition for certiorari.# 2hen any tribunal, board or officer e)ercising +udicial or ;uasi7+udicial functions has acted ithout or in e)cess of its or his +urisdiction, or ith grave abuse of discretion amounting to lac' or e)cess of +urisdiction, and there is no appeal, or any plain, speedy, and ade;uate remedy in the ordinary course of la , a person aggrieved thereby may file a verified petition in the proper court, alleging the facts ith certainty and praying that +udgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as la and +ustice may re;uire%

$he petition shall be accompanied by a certified true copy of the +udgment, order or resolution sub+ect thereof, copies of all pleadings and documents relevant and pertinent thereto, and a s orn certification of non7forum shopping as provided in the third paragraph of section ., &ule -/% ((a)

SEC. !. $etition for prohibition.# 2hen the proceedings of any tribunal, corporation, board, officer or person, hether e)ercising +udicial, ;uasi7+udicial or ministerial functions, are ithout or in e)cess of its or his +urisdiction, or ith grave abuse of discretion amounting to lac' or e)cess of +urisdiction, and there is no appeal or any other plain, speedy, and ade;uate remedy in the ordinary course of la , a person aggrieved thereby may file a verified petition in the proper court, alleging the facts ith certainty and praying that +udgment be rendered commanding the respondent to desist from further proceedings in the action or matter specified therein, or other ise granting such incidental reliefs as la and +ustice may re;uire%

$he petition shall li'e ise be accompanied by a certified true copy of the +udgment, order or resolution sub+ect thereof, copies of all pleadings and documents relevant and pertinent thereto, and a s orn certification of non7forum shopping as provided in the third paragraph of section ., &ule -/% (*a)

SEC. 3. $etition for mandamus.# 2hen any tribunal, corporation, board, officer or person unla fully neglects the performance of an act hich the la specifically en+oins as a duty resulting from an office, trust, or station, or unla fully e)cludes another from the use and en+oyment of a right or office to hich such other is entitled, and there is no other plain, speedy and ade;uate remedy in the ordinary course of la , the person aggrieved thereby may file a verified petition in the proper court, alleging the facts ith certainty and praying that +udgment be rendered commanding the respondent, immediately or at some other time to be specified by the court, to do the act re;uired to be done to protect the rights of the petitioner, and to pay the damages sustained by the petitioner by reason of the rongful acts of the respondent%

$he petition shall also contain a s orn certification of non7forum shopping as provided in the third paragraph of section ., &ule -/% (.a)

SEC. ". #here petition filed.# $he petition may be filed not later than si)ty (/?) days from notice of the +udgment, order or resolution sought to be assailed in the Supreme Court or, if it relates to the acts or omissions of a lo er court or of a corporation, board, officer or person, in the &egional $rial Court e)ercising +urisdiction over the territorial area as defined by the Supreme Court% It may also be filed in the Court of Appeals hether or not the same is in aid of its appellate +urisdiction, or in the Sandiganbayan if it is in aid of its +urisdiction% If it involves the acts or omissions of a ;uasi7+udicial agency, and unless other ise provided by la or these &ules, the petition shall be filed in and cogni,able only by the Court of Appeals% (-a)

SEC. #. Respondents and costs in certain cases. # 2hen the petition filed relates to the acts or omissions of a +udge, court, ;uasi7+udicial agency, tribunal, corporation, board, officer or person, the petitioner shall +oin, as private respondent or respondents ith such public respondent or respondents, the person or persons interested in sustaining the proceedings in the court1 and it shall be the duty of such private respondents to appear and defend, both in his or their o n behalf and in behalf of the public respondent or respondents affected by the proceedings, and the costs a arded in such proceedings in favor of the petitioner shall be against the private respondents only, and not against the +udge, court, ;uasi7+udicial agency, tribunal, corporation, board, officer or person impleaded as public respondent or respondents% 9nless other ise specifically directed by the court here the petition is pending, the public respondents shall not appear in or file an ans er or comment to the petition or any pleading therein% If the case is elevated to a higher court by either party, the public respondents shall be included therein as nominal parties% :o ever, unless other ise specifically directed by the court, they shall not appear or participate in the proceedings therein% (5a)

SEC. $. Order to comment # If the petition is sufficient in form and substance to +ustify such process, the court shall issue an order re;uiring the respondent or respondents to comment on the petition ithin ten ((?) days from receipt of a copy thereof% Such order shall be served on the respondents in such manner as the court may direct, together ith a copy of the petition and any anne)es thereto% In petitions for certiorari before the Supreme Court and the Court of Appeals, the provisions of section *, &ule 5/, shall be observed% !efore giving due course thereto, the court may re;uire the respondents to file their comment to, and not a motion to dismiss, the petition% $hereafter, the court may re;uire the filing of a reply and such other responsive or other pleadings as it may deem necessary and proper% (/a)

SEC. 7. *4pediting proceedings; in"unctive relief. # $he court in hich the petition is filed may issue orders e)pediting the proceedings, and it may also grant a temporary restraining order or a rit of preliminary in+unction for the preservation of the rights of the parties pending such proceedings% $he petition shall not interrupt the course of the principal case unless a temporary restraining order or a rit of preliminary in+unction has been issued against the public respondent from further proceeding in the case% (<a)

SEC. 8. $roceedings after comment is filed. # After the comment or other pleadings re;uired by the court are filed, or the time for the filing thereof has e)pired, the court may hear the case or re;uire the parties to submit memoranda% If after such hearing or submission of memoranda or the e)piration of the period for the filing thereof the court finds that the allegations of the petition are true, it shall render +udgment for the relief prayed for or to hich the petitioner is entitled%

$he court, ho ever, may dismiss the petition if it finds the same to be patently ithout merit, prosecuted manifestly for delay, or that the ;uestions raised therein are too unsubstantial to re;uire consideration% (=a)

SEC. 9. Service and enforcement of order or "udgment.# A certified copy of the +udgment rendered in accordance ith the last preceding section shall be served upon the court, ;uasi7+udicial agency, tribunal, corporation, board, officer or person concerned in such manner as the court may direct, and disobedience thereto shall be punished as contempt% An e)ecution may issue for any damages or costs a arded in accordance ith section ( of &ule .>% (>a) RULE $$ 8UO &ARRANTO SECTION 1. (ction by ,overnment against individuals.# An action for the usurpation of a public office, position or franchise may be commenced by a verified petition brought in the name of the &epublic of the Philippines against" (a) A person ho usurps, intrudes into, or unla fully holds or e)ercises a public office, position or franchise1 hich,7by the provision of la , constitutes a ground for the forfeiture of his ithin the Philippines ithout being legally incorporated or ithout la ful

(b) A public officer ho does or suffers an act office1 or (c) An association hich acts as a corporation authority so to act% ((a)

SEC. !. #hen Solicitor ,eneral or public prosecutor must commence action. # $he Solicitor Beneral or a public prosecutor, hen directed by the President of the Philippines, or hen upon complaint or other ise he has good reason to believe that any case specified in the preceding section can be established by proof, must commence such action% (.a) SEC. 3. #hen Solicitor ,eneral or public prosecutor may commence action with permission of court. # $he Solicitor Beneral or a public prosecutor may, ith the permission of the court in hich the action is to be commenced,

bring such an action at the re;uest and upon the relation of another person1 but in such case the officer bringing it may first re;uire an indemnity for the e)penses and costs of the action in an amount approved by and to be deposited in the court by the person at hose re;uest and upon hose relation the same is brought% (-a)

SEC. ". #hen hearing had on application for permission to commence action. # 9pon application for permission to commence such action in accordance ith the ne)t preceding section, the court shall direct that notice be given to the respondent so that he may be heard in opposition thereto1 and if permission is granted, the court shall issue an order to that effect, copies of hich shall be served on all interested parties, and the petition shall then be filed ithin the period ordered by the court% (5a)

SEC. #. #hen an individual may commence such an action.# A person claiming to be entitled to a public office or position usurped or unla fully held or e)ercised by another may bring an action therefor in his o n name% (/)

SEC. $. $arties and contents of petition against usurpation.# 2hen the action is against a person for usurping a public office, position or franchise, the petition shall set forth the name of the person ho claims to be entitled thereto, if any, ith an averment of his right to the same and that the respondent is unla fully in possession thereof% All persons ho claim to be entitled to the public office, position or franchise may be made parties, and their respective rights to such public office, position or franchise determined, in the same action% (<a)

SEC. 7. -enue.# An action under the preceding si) sections can be brought only in the Supreme Court, the Court of Appeals, or in the &egional $rial Court e)ercising +urisdiction over the territorial area here the respondent or any of the respondents resides, but hen the Solicitor Beneral commences the action, it may be brought in a &egional $rial Court in the City of 3anila, in the Court of Appeals, or in the Supreme Court% (=a)

SEC. 8. $eriod for pleadings and proceedings may be reduced; action given precedence. # $he court may reduce the period provided by these &ules for filing pleadings and for all other proceedings in the action in order to secure the most e)peditious determination of the matters involved therein consistent ith the rights of the parties% Such action may be given precedence over any other civil matter pending in the court% (>a)

SEC. 9. udgment where usurpation found.# 2hen the respondent is found guilty of usurping, intruding into, or unla fully holding or e)ercising a public office, position or franchise, +udgment shall be rendered that such respondent be ousted and altogether e)cluded therefrom, and that the petitioner or relator, as the case may be, recover his costs% Such further +udgment may be rendered determining the respective rights in and to the public office, position or franchise of all the parties to the action as +ustice re;uires% ((?a)

SEC. 10. Rights of persons ad"udged entitled to public office; delivery of boo)s and papers; damages. # If +udgment be rendered in favor of the person averred in the complaint to be entitled to the public office he may, after ta'ing the oath of office and e)ecuting any official bond re;uired by la , ta'e upon himself the e)ecution of the office, and may immediately thereafter demand of the respondent all the boo's and papers in the respondentFs custody or control appertaining to the office to hich the +udgment relates% If the respondent refuses or neglects to deliver any boo' or paper pursuant to such demand, he may be punished for contempt as having disobeyed a la ful order of the court% $he person ad+udged entitled to the office may also bring action against the respondent to recover the damages sustained by such person by reason of the usurpation% ((5a)

SEC. 11. 7imitations.# @othing contained in this &ule shall be construed to authori,e an action against a public officer or employee for his ouster from office unless the same be commenced ithin one (() year after the cause of such ouster, or

the right of the petitioner to hold such office or position, arose1 nor to authori,e an action for damages in accordance ith the provisions of the ne)t preceding section unless the same be commenced ithin one (() year after the entry of the +udgment establishing the petitionerFs right to the office in ;uestion% ((/a)

SEC. 1!. udgment for costs.# In an action brought in accordance ith the provisions of this &ule, the court may render +udgment for costs against either the petitioner, the relator, or the respondent, or the person or persons claiming to be a corporation, or may apportion the costs, as +ustice re;uires% ((<a) RULE $7 E0PROPRIATION SECTION 1. The complaint.# $he right of eminent domain shall be e)ercised by the filing of a verified complaint hich shall state ith certainty the right and purpose of e)propriation, describe the real or personal property sought to be e)propriated, and +oin as defendants all persons o ning or claiming to o n, or occupying, any part thereof or interest therein, sho ing, so far as practicable, the separate interest of each defendant% If the title to any property sought to be e)propriated appears to be in the &epublic of the Philippines, although occupied by private individuals, or if the title is other ise obscure or doubtful so that the plaintiff cannot ith accuracy or certainty specify ho are the real o ners, averment to that effect shall be made in the complaint% ((a) SEC. !. *ntry of plaintiff upon depositing value with authori5ed government depositary. # 9pon the filing of the complaint or at any time thereafter and after due notice to the defendant, the plaintiff shall have the right to ta'e or enter upon the possession of the real property involved if he deposits ith the authori,ed government depositary an amount e;uivalent to the assessed value of the property for purposes of ta)ation to be held by such ban' sub+ect to the orders of the court% Such deposit shall be in money, unless in lieu thereof the court authori,es the deposit of a certificate of deposit of a government ban' of the &epublic of the Philippines payable on demand to the authori,ed government depositary% If personal property is involved, its value shall be provisionally ascertained and the amount to be deposited shall be promptly fi)ed by the court% After such deposit is made the court shall order the sheriff or other proper officer to forth ith place the plaintiff in possession of the property involved and promptly submit a report thereof to the court ith service of copies to the parties% (*a) SEC. 3. +efenses and ob"ections.# If a defendant has no ob+ection or defense to the action or the ta'ing of his property, he may file and serve a notice of appearance and a manifestation to that effect, specifically designating or identifying the property in hich he claims to be interested, ithin the time stated in the summons% $hereafter, he shall be entitled to notice of all proceedings affecting the same% If a defendant has any ob+ection to the filing of or the allegations in the complaint, or any ob+ection or defense to the ta'ing of his property, he shall serve his ans er ithin the time stated in the summons% $he ans er shall specifically designate or identify the property in hich he claims to have an interest, state the nature and e)tent of the interest claimed, and adduce all his ob+ections and defenses to the ta'ing of his property% @o counterclaim, cross7claim or third7party complaint shall be alleged or allo ed in the ans er or any subse;uent pleading% A defendant aives all defenses and ob+ections not so alleged but the court, in the interest of +ustice, may permit amendments to the ans er to be made not later than ten ((?) days from the filing thereof% :o ever, at the trial of the issue of +ust compensation, hether or not a defendant has previously appeared or ans ered, he may present evidence as to the amount of the compensation to be paid for his property, and he may share in the distribution of the a ard% (n) SEC. ". Order of e4propriation.# If the ob+ections to and the defenses against the right of the plaintiff to e)propriate the property are overruled, or hen no party appears to defend as re;uired by this &ule, the court may issue an order of

e)propriation declaring that the plaintiff has a la ful right to ta'e the property sought to be e)propriated, for the public use or purpose described in the complaint, upon the payment of +ust compensation to be determined as of the date of the ta'ing of the property or the filing of the complaint, hichever came first A final order sustaining the right to e)propriate the property may be appealed by any party aggrieved thereby% Such appeal, ho ever, shall not prevent the court from determining the +ust compensation to be paid% After the rendition of such an order, the plaintiff shall not be permitted to dismiss or discontinue the proceeding e)cept on such terms as the court deems +ust and e;uitable% (-a) SEC. #. (scertainment of compensation.# 9pon the rendition of the order of e)propriation, the court shall appoint not more than three (.) competent and disinterested persons as commissioners to ascertain and report to the court the +ust compensation for the property sought to be ta'en% $he order of appointment shall designate the time and place of the first session of the hearing to be held by the commissioners and specify the time ithin hich their report shall be submitted to the court Copies of the order shall be served on the parties% 4b+ections to the appointment of any of the commissioners shall be filed ith the court ithin ten ((?) days from service, and shall be resolved ithin thirty (.?) days after all the commissioners shall have received copies of the ob+ections% (5a) SEC. $. $roceedings by commissioners.# !efore entering upon the performance of their duties, the commissioners shall ta'e and subscribe an oath that they ill faithfully perform their duties as commissioners, hich oath shall be filed in court ith the other proceedings in the case% 0vidence may be introduced by either party before the commissioners ho are authori,ed to administer oaths on hearings before them, and the commissioners shall, unless the parties consent to the contrary, after due notice to the parties to attend, vie and e)amine the property sought to be e)propriated and its surroundings, and may measure the same, after hich either party may, by himself or counsel, argue the case% $he commissioners shall assess the conse;uential damages to the property not ta'en and deduct from such conse;uential damages the conse;uential benefits to be derived by the o ner from the public use or purpose of the property ta'en, the operation of its franchise by the corporation or the carrying on of the business of the corporation or person ta'ing the property% !ut in no case shall the conse;uential benefits assessed e)ceed the conse;uential damages assessed, or the o ner be deprived of the actual value of his property so ta'en% (/a) SEC. 7. Report by commissioners and "udgment thereupon. # $he court may order the commissioners to report hen any particular portion of the real estate shall have been passed upon by them, and may render +udgment upon such partial report, and direct the commissioners to proceed ith their or' as to subse;uent portions of the property sought to be e)propriated, and may from time to time so deal ith such property% $he commissioners shall ma'e a full and accurate report to the court of all their proceedings, and such proceedings shall not be effectual until the court shall have accepted their report and rendered +udgment in accordance ith their recommendations 0)cept as other ise e)pressly ordered by the court, such report shall be filed ithin si)ty (/?) days from the date the commissioners ere notified of their appointment, hich time may be e)tended in the discretion of the court% 9pon the filing of such report, the cler' of the court shall serve copies thereof on all interested parties, ith notice that they are allo ed ten ((?) days ithin hich to file ob+ections to the findings of the report, if they so desire% (<a) SEC. 8. (ction upon commissioners< report. # 9pon the e)piration of the period of ten ((?) days referred to in the preceding section, or even before the e)piration of such period but after all the interested parties have filed their ob+ections to the report or their statement of agreement there ith, the court may, after hearing, accept the report and render +udgment in accordance there ith1 or, for cause sho n, it may recommit the same to the commissioners for further report of facts1 or it may set aside the report and appoint ne commissioners1 or it may accept the report in part and re+ect it in part1 and it may ma'e such order or render such +udgment as shall secure to the plaintiff the property essential to the e)ercise of his right of e)propriation, and to the defendant +ust compensation for the property so ta'en% (=a) SEC. 9. 'ncertain ownership; conflicting claims. # If the o nership of the property ta'en is uncertain, or there are conflicting claims to any part thereof, the court may order any sum or sums a arded as compensation for the property to be paid to the court for the benefit of the person ad+udged in the same proceeding to be entitled thereto% !ut the +udgment shall re;uire the payment of the sum or sums a arded to either the defendant or the court before the plaintiff can enter

upon the property, or retain it for the public use or purpose if entry has already been made% (>a) SEC. 10. Rights of plaintiff after "udgment and payment.# 9pon payment by the plaintiff to the defendant of the compensation fi)ed by the +udgment, ith legal interest thereon from the ta'ing of the possession of the property, or after tender to him of the amount so fi)ed and payment of the costs, the plaintiff shall have the right to enter upon the property e)propriated and to appropriate it for the public use or purpose defined in the +udgment, or to retain it should he have ta'en immediate possession thereof under the provisions of section * hereof% If the defendant and his counsel absent themselves from the court, or decline to receive the amount tendered, the same shall be ordered to be deposited in court and such deposit shall have the same effect as actual payment thereof to the defendant or the person ultimately ad+udged entitled thereto% ((?a) SEC. 11. *ntry not delayed by appeal; effect of reversal.# $he right of the plaintiff to enter upon the property of the defendant and appropriate the same for public use or purpose shall not be delayed by an appeal from the +udgment% !ut if the appellate court determines that plaintiff has no right of e)propriation, +udgment shall be rendered ordering the &egional $rial Court to forth ith enforce the restoration to the defendant of the possession of the property, and to determine the damages hich the defendant sustained and may recover by reason of the possession ta'en by the plaintiff% (((a) SEC. 1!. Costs, by whom paid.# $he fees of the commissioners shall be ta)ed as a part of the costs of the proceedings% All costs, e)cept those of rival claimants litigating their claims, shall be paid by the plaintiff, unless an appeal is ta'en by the o ner of the property and the +udgment is affirmed, in hich event the costs of the appeal shall be paid by the o ner% ((*a) SEC. 13. Recording "udgment, and its effect. # $he +udgment entered in e)propriation proceedings shall state definitely, by an ade;uate description, the particular property or interest therein e)propriated, and the nature of the public use or purpose for hich it is e)propriated% 2hen real estate is e)propriated, a certified copy of such +udgment shall be recorded in the registry of deeds of the place in hich the property is situated, and its effect shall be to vest in the plaintiff the title to the real estate so described for such public use or purpose% ((.a) SEC. 1". $ower of guardian in such proceedings. # $he guardian or guardian ad litem of a minor or of a person +udicially declared to be incompetent may, ith the approval of the court first had, do and perform on behalf of his ard any act, matter, or thing respecting the e)propriation for public use or purpose of property belonging to such minor or person +udicially declared to be incompetent, hich such minor or person +udicially declared to be incompetent could do in such proceedings if he ere of age or competent% ((-a) RULE $8 FORECLOSURE OF REAL ESTATE MORTGAGE SECTION 1. Complaint in action for foreclosure. # In an action for the foreclosure of a mortgage or other encumbrance upon real estate, the complaint shall set forth the date and due e)ecution of the mortgage1 its assignments, if any1 the names and residences of the mortgagor and the mortgagee1 a description of the mortgaged property1 a statement of the date of the note or other documentary evidence of the obligation secured by the mortgage, the amount claimed to be unpaid thereon1 and the names and residences of all persons having or claiming an interest in the property subordinate in right to that of the holder of the mortgage, all of hom shall be made defendants in the action% ((a) SEC. !. udgment on foreclosure for payment or sale.# If upon the trial in such action the court shall find the facts set forth in the complaint to be true, it shall ascertain the amount due to the plaintiff upon the mortgage debt or obligation, including interest and other charges as approved by the court, and costs, and shall render +udgment for the sum so found due and order that the same be paid to the court or to the +udgment obligee ithin a period of not less than ninety (>?) days nor more than one hundred t enty ((*?) days from the entry of +udgment, and that in default of such payment the property shall be sold at public auction to satisfy the +udgment% (*a) SEC. 3. Sale of mortgaged property; effect. # 2hen the defendant, after being directed to do so as provided in the ne)t preceding section, fails to pay the amount of the +udgment ithin the period specified therein, the court, upon motion, shall order the property to be sold in the manner and under the provisions of &ule .> and other regulations governing

sales of real estate under e)ecution% Such sale shall not affect the rights of persons holding prior encumbrances upon the property or a part thereof, and hen confirmed by an order of the court, also upon motion, it shall operate to divest the rights in the property of all the parties to the action and to vest their rights in the purchaser, sub+ect to such rights of redemption as may be allo ed by la % 9pon the finality of the order of confirmation or upon the e)piration of the period of redemption hen allo ed by la , the purchaser at the auction sale or last redemptioner, if any, shall be entitled to the possession of the property unless a third party is actually holding the same adversely to the +udgment obligor% $he said purchaser or last redemptioner may secure a rit of possession, upon motion, from the court hich ordered the foreclosure% (.a) SEC. ". +isposition of proceeds of sale.# $he amount reali,ed from the foreclosure sale of the mortgaged property shall, after deducting the costs of the sale, be paid to the person foreclosing the mortgage, and hen there shall be any balance or residue, after paying off the mortgage debt due, the same shall be paid to +unior encumbrancers in the order of their priority, to be ascertained by the court, or if there be no such encumbrancers or there be a balance or residue after payment to them, then to the mortgagor or his duly authori,ed agent, or to the person entitled to it% (-a) SEC. #. 2ow sale to proceed in case the debt is not all due. # If the debt for hich the mortgage or encumbrance as held is not all due as provided in the +udgment, as soon as a sufficient portion of the property has been sold to pay the total amount and the costs due, the sale shall terminate1 and after ards, as often as more becomes due for principal or interest and other valid charges, the court may, on motion, order more to be sold% !ut if the property cannot be sold in portions ithout pre+udice to the parties, the hole shall be ordered to be sold in the first instance, and the entire debt and costs shall be paid, if the proceeds of the sale be sufficient therefor, there being a rebate of interest here such rebate is proper% (5a) SEC. $. +eficiency "udgment.# If upon the sale of any real property as provided in the ne)t preceding section there be a balance due to the plaintiff after applying the proceeds of the sale, the court, upon motion, shall render +udgment against the defendant for any such balance for hich, by the record of the case, he may be personally liable to the plaintiff, upon hich e)ecution may issue immediately if the balance is all due at the time of the rendition of the +udgment1 other ise, the plaintiff shall be entitled to e)ecution at such time as the balance remaining becomes due under the terms of the original contract, hich time shall be stated in the +udgment% (/a) SEC. 7. Registration.# A certified copy of the final order of the court confirming the sale shall be registered in the registry of deeds% If no right of redemption e)ists, the certificate of title in the name of the mortgagor shall be cancelled, and a ne one issued in the name of the purchaser% 2here a right of redemption e)ists, the certificate of title in the name of the mortgagor shall not be cancelled, but the certificate of sale and the order confirming the sale shall reregistered and a brief memorandum thereof made by the registrar of deeds upon the certificate of title% In the event the property is redeemed, the deed of redemption shall be registered ith the registry of deeds, and a brief memorandum thereof shall be made by the registrar of deeds on said certificate of title% If the property is not redeemed, the final deed of sale e)ecuted by the sheriff in favor of the purchaser at the foreclosure sale shall be registered ith the registry of deeds1 hereupon the certificate of title in the name of the mortgagor shall be cancelled and a ne one issued in the name of the purchaser% (n) SEC. 8. (pplicability of other provisions. # $he provisions of sections .(, .* and .- of &ule .> shall be applicable to the +udicial foreclosure of real estate mortgages under this &ule insofar as the former are not inconsistent ith or may serve to supplement the provisions of the latter% (=a) RULE 70 FORCIBLE ENTR AND UNLA&FUL DETAINER

SECTION 1. #ho may institute proceedings, and when. # Sub+ect to the provisions of the ne)t succeeding section, a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person against hom% the possession of any land or building is unla fully ithheld after the e)piration or termination of the right to hold possession, by virtue of any contract, e)press or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person, may, at any time ithin one (() year after such unla ful deprivation or ithholding of possession, bring an action in the proper 3unicipal $rial Court against the person or persons unla fully ithholding or depriving of possession, or any person or persons claiming under them, for title restitution of such possession, together ith damages and costs% ((a) SEC. !. 7essor to proceed against lessee only after demand. # 9nless other ise stipulated, such action by the lessor shall be commenced only after demand to pay or comply ith the conditions of the lease and to vacate is made upon the lessee, or by serving ritten notice of such demand upon the person found on the premises, or by posting such notice on the premises if no person be found thereon, and the lessee fails to comply there ith after fifteen ((5) days in the case of land or five (5) days in the case of buildings% (*a) SEC. 3. Summary procedure.# 0)cept in cases covered by the agricultural tenancy la s or hen the la other ise e)pressly provides, all actions for forcible entry and unla ful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered, shall be governed by the summary procedure hereunder provided% (n) SEC. ". $leadings allowed.# $he only pleadings allo ed to be filed are the complaint, compulsory counterclaim and cross7claim pleaded in the ans er, and the ans ers thereto% All pleadings shall be verified% (.a, &SP) SEC. #. (ction on complaint.# $he court may, from an e)amination of the allegations in the complaint and such evidence as may be attached thereto, dismiss the case outright on any of the grounds for the dismissal of a civil action hich are apparent therein% If no ground for dismissal is found, it shall forth ith issue summons% (n) SEC. $. (nswer.# 2ithin ten ((?) days from service of summons, the defendant shall file his ans er to the complaint and serve a copy thereof on the plaintiff% Affirmative and negative defenses not pleaded therein shall be deemed aived, e)cept lac' of +urisdiction over the sub+ect matter, Cross7claims and compulsory counterclaims not asserted in the ans er shall be considered barred% $he ans er to counterclaims or cross7claims shall be served and filed ithin ten ((?) days from service of the ans er in hich they are pleaded% (5, &SP) SEC. 7. *ffect of failure to answer.# Should the defendant fail to ans er the complaint ithin the period above provided, the court, motu proprio or on motion of the plaintiff, shall render +udgment as may be arranted by the facts alleged in the complaint and limited to hat is prayed for therein% $he court may in its discretion reduce the amount of damages and attorneyFs fees claimed for being e)cessive or other ise unconscionable, ithout pre+udice to the applicability of section . (c), &ule > if there are t o or more defendants% (/, &SP) SEC. 8. $reliminary conference; appearance of parties. # @ot later than thirty (.?) days after the last ans er is filed, a preliminary conference shall be held% $he provisions of &ule (= on pre7trial shall be applicable to the preliminary conference unless inconsistent ith the provisions of this $he failure of the plaintiff to appear hi the preliminary conference shall be cause for the dismissal of his complaint% $he defendant ho appears in the absence of the plaintiff shall be entitled to +udgment on his counterclaim in accordance ith the ne)t preceding section% All cross7claims shall be dismissed% (<, &SP) If a sole defendant shall fail to appear, the plaintiff shall li'e ise be entitled to +udgment in accordance ith the ne)t preceding section% $his procedure shall not apply here one of t o or more defendants sued under a common cause of action ho had pleaded a common defense shall appear at the preliminary conference% @o postponement of the preliminary conference shall be granted e)cept for highly meritorious grounds and pre+udice to such sanctions as the court in the e)ercise of sound discretion may impose on the movant% (n) ithout

SEC. 9. Record of preliminary conference. # 2ithin five (5) days after the termination of the preliminary conference, the court shall issue an order stating the matters ta'en up therein, including but not limited to1 (% 2hether the parties have arrived at an amicable settlement, and if so, the terms thereof1 *% $he stipulations or admissions entered into by the parties1 .% 2hether, on the basis of the pleadings and the stipulations and admissions made by the parties, +udgment may be rendered ithout the need of further proceedings, in hich event the +udgment shall be rendered ithin thirty (.?) days from issuance of the order1 -% A clear specification of material facts hich remain controverted1 and 5% Such other matters intended to e)pedite the disposition of the case% (=, &SP) SEC. 10. Submission of affidavits and position papers.# 2ithin ten ((?) days from receipt of the order mentioned in the ne)t preceding section, the parties shall submit the affidavits of their itnesses and other evidence on the factual issues defined in the order, together ith their position papers setting forth the la and the facts relied upon by them% (>, &SP) SEC. 11. $eriod for rendition of "udgment. # 2ithin thirty (.?) days after receipt of the affidavits and position papers, or the e)piration of the period for filing the same, the court shall render +udgment% :o ever, should the court find it necessary to clarify certain material facts, it may, during the said period, issue an order specifying the matters to be clarified, and re;uire the parties to submit affidavits or other evidence on the said matters ithin ten ((?) days from receipt of said order% Gudgment shall be rendered ithin fifteen ((5) days after the receipt of the last affidavit or the e)piration of the period for filing the same% $he court shall not resort to the foregoing procedure +ust to gain time for the rendition of the +udgment% (n) SEC. 1!. Referral for conciliation.# Cases re;uiring referral for conciliation, here there is no sho ing of compliance ith such re;uirement, shall be dismissed ithout pre+udice, and may be revived only after that re;uirement shall have been complied ith% ((=a, &SP) SEC. 13. $rohibited pleadings and motions. # $he follo ing petitions, motions, or pleadings shall not be allo ed" (% 3otion to dismiss the complaint e)cept on the ground of lac' of +urisdiction over the sub+ect matter, or failure to comply ith section (*1 *% 3otion for a bill of particulars1 .% 3otion for ne trial, or for reconsideration of a +udgment, or for reopening of trial1 -% Petition for relief from +udgment1 5% 3otion for e)tension of time to file pleadings, affidavits or any other paper1 /% 3emoranda1 <% Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court1 =% 3otion to declare the defendant in default1 >% Eilatory motions for postponement1 (?%&eply1

((% $hird7party complaints1 (*%Interventions% ((>a, &SP) SEC. 1". (ffidavits.# $he affidavits re;uired to be submitted under this &ule shall state only facts of direct personal 'no ledge of the affiants hich are admissible1 in evidence, and shall sho their competence to testify to the matters stated therein% A violation of this re;uirement may sub+ect the party or the counsel ho submits the same to disciplinary action, and shall be cause to e)punge the inadmissible affidavit or portion thereof from the record% (*?, &SP) SEC. 1#. $reliminary in"unction.# $he court may grant preliminary in+unction, in accordance ith the provisions of &ule 5= hereof, to prevent the defendant from committing further acts of dispossession against the plaintiff% A possessor deprived of his possession through forcible entry or unla ful detainer may, ithin five (5) days from the filing of the complaint, present a motion in the action for forcible entry or unla ful detainer for the issuance of a rit of preliminary mandatory in+unction to restore him in his possession% $he court shall decide the motion ithin thirty (.?) days from the filing thereof% (.a) SEC. 1$. Resolving defense of ownership.# 2hen the defendant raises the defense of o nership in his pleadings and the ;uestion of possession cannot be resolved ithout deciding the issue of o nership, the issue of o nership shall be resolved only to determine the issue of possession% (-a) SEC. 17. udgment.# If after trial the court finds that the allegations of the complaint are true, it shall render +udgment in favor of the plaintiff for the restitution of the premises, the sum +ustly due as arrears of rent or as reasonable compensation for the use and occupation of the premises, attorneyFs fees and costs% If it finds that said allegations are not true, it shall render +udgment for the defendant to recover his costs% If a counterclaim is established, the court shall render +udgment for the sum found in arrears from either party and a ard costs as +ustice re;uires% (/a) SEC. 18. udgment conclusive only on possession; not conclusive in actions involving title or ownership. # $he +udgment rendered in an action for forcible entry or detainer shall be conclusive ith respect to the possession only and shall in no ise bind the title or affect the o nership of the land or building% Such +udgment shall not bar an action bet een the same parties respecting title to the land or building% $he +udgment or final order shall be appealable to the appropriate &egional $rial Court hich shall decide the same on the basis of the entire record of the proceedings had in the court of origin and such memoranda andKor briefs as may be submitted by the parties or re;uired by the &egional $rial Court% (<a) SEC. 19. Immediate e4ecution of "udgment; how to stay same.# If +udgment is rendered against the defendant, e)ecution shall issue immediately upon motion, unless an appeal has been perfected and the defendant to stay e)ecution files a sufficient supersedeas bond, approved by the 3unicipal $rial Court and e)ecuted in favor of the plaintiff to pay the rents, damages, and costs accruing do n to the time of the +udgment appealed from, and unless, during the pendency of the appeal, he deposits ith the appellate court the amount of rent due from time to time under the contract, if any, as determined by the +udgment of the 3unicipal $rial Court% In the absence of a contract, he shall deposit ith the &egional $rial Court the reasonable value of the use and occupation of the premises for the preceding month or period at the rate determined by the +udgment of the lo er court on or before the tenth day of each succeeding month or period% $he supersedeas bond shall be transmitted by the 3unicipal $rial Court, ith the other papers, to the cler' of the &egional $rial Court to hich the action is appealed% All amounts so paid to the appellate court shall be deposited ith said court or authori,ed government depositary ban', and shall be held there until the final disposition of the appeal, unless the court, by agreement of the interested parties, or in the absence of reasonable grounds of opposition to a motion to ithdra , or for +ustifiable reasons, shall decree other ise% Should the defendant fail to ma'e the payments above prescribed from time to time during the pendency of the appeal, the appellate court, upon motion of the plaintiff, and upon proof of such failure, shall order the e)ecution of the +udgment appealed from ith respect to the restoration of possession, but such e)ecution shall not be a bar to the appeal ta'ing its course until the final disposition thereof on the merits% After the case is decided by the &egional $rial Court, any money paid to the court by the defendant for purposes of the stay of e)ecution shall be disposed of in accordance ith the provisions of the +udgment of the &egional $rial Court% In any

case herein it appears that the defendant has been deprived of the la ful possession of land or building pending the appeal by virtue of the e)ecution of the +udgment of the 3unicipal $rial Court, damages for such deprivation of possession and restoration of possession may be allo ed the defendant in the +udgment of the &egional $rial Court disposing of the appeal% (=a) SEC. !0. $reliminary mandatory in"unction in case of appeal. # 9pon motion of the plaintiff, ithin ten ((?) days from the perfection of the appeal to the &egional $rial Court, the latter may issue a rit of preliminary mandatory in+unction to restore the plaintiff in possession if the court is satisfied that the defendantFs appeal is frivolous or dilatory, or that the appeal of the plaintiff is prima facie meritorious% (>a) SEC. !1. Immediate e4ecution on appeal to Court of (ppeals or Supreme Court. # $he +udgment of the &egional $rial Court against the defendant shall be immediately e)ecutory, ithout pre+udice to a further appeal that may be ta'en therefrom% ((?a) RULE 71 CONTEMPT SECTION 1. +irect contempt punished summarily. # A person guilty of misbehavior in the presence of or so near a court as to obstruct or interrupt the proceedings before the same, including disrespect to ard the court, offensive personalities to ard others, or refusal to be s orn or to ans er as a itness, or to subscribe an affidavit or deposition hen la fully re;uired to do so, may be summarily ad+udged in contempt by such court and punished by a fine not e)ceeding t o thousand pesos or imprisonment not e)ceeding ten ((?) days, or both, if it be a &egional $rial Court or a court of e;uivalent or higher ran', or by a fine not e)ceeding t o hundred pesos or imprisonment not e)ceeding one (() day, or both, if it be a lo er court% ((a) SEC. !. Remedy therefrom.# $he person ad+udged in direct contempt by any court may not appeal therefrom, but may avail himself of the remedies of certiorari or prohibition% $he e)ecution of the +udgment shall be suspended pending resolution of such petition, provided such person files a bond fi)ed by the court hich rendered the +udgment and conditioned that he ill abide by and perform the +udgment should the petition be decided against him% (*a) SEC. 3. Indirect contempt to be punished after charge and hearing. # After a charge in riting has been filed, and an opportunity given to the respondent to comment thereon ithin such period as may be fi)ed by the court and to be heard by himself or counsel, a person guilty of any of the follo ing acts may be punished for indirect contempt" (a) 3isbehavior of an officer of a court in the performance of his official duties or in his official transactions1 (b) Eisobedience of or resistance to a la ful rit, process, order, or +udgment of a court, including the act of a person ho, after being dispossessed or e+ected from any real property by the +udgment or process of any court of competent +urisdiction, enters or attempts or induces another to enter into or upon such real property, for the purpose of e)ecuting acts of o nership or possession, or in any manner disturbs the possession given to the person ad+udged to be entitled thereto1 (c) Any abuse of or any unla ful interference under section ( of this &ule1 ith the processes or proceedings of a court not constituting direct contempt

(d) Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of +ustice1 (e) Assuming to be an attorney or an officer of a court, and acting as such (f) Aailure to obey a subpoena duly served1 (g) $he rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an order or process of a court held by him% !ut nothing in this section shall be so construed as to prevent the court from issuing process to bring the respondent into court, or from holding him in custody pending such proceedings% (.a) SEC. ". 2ow proceedings commenced.# Proceedings for indirect contempt may be initiated motu proprio by the court against hich the contempt as committed by an order or any other formal charge re;uiring the respondent to sho cause hy he should not be punished for contempt% ithout authority1

In all other cases, charges for indirect contempt shall be commenced by a verified petition ith supporting particulars and certified true copies of documents or papers involved therein, and upon full compliance ith the re;uirements for filing initiatory pleadings for civil actions in the court concerned% If the contempt charges arose out of or are related to a principal action pending in the court, the petition for contempt shall allege that fact but said petition shall be doc'eted, heard and decided separately, unless the court in its discretion orders the consolidation of the contempt charge and the principal action for +oint hearing and decision% (n) SEC. #. #here charge to be filed.# 2here the charge for indirect contempt has been committed against a &egional $rial Court or a court of e;uivalent or higher ran', or against an officer appointed by it, the charge may be filed ith such court% 2here such contempt has been committed against a lo er court, the charge may be filed ith the &egional $rial Court of the place in hich the lo er court is sitting1 but the proceedings may also be instituted in such lo er court sub+ect to appeal to the &egional $rial Court of such place in the same manner as provided in section * of this &ule% (-a) SEC. $. 2earing; release on bail.# If the hearing is not ordered to be had forth ith, the respondent may be released from custody upon filing a bond, in an amount fi)ed by the court, for his appearance at the hearing of the charge% 4n the day set therefor, the court shall proceed to investigate the charge and consider such comment, testimony or defense as the respondent may ma'e or offer% (5a) SEC. 7. $unishment for indirect contempt. # If the respondent is ad+udged guilty of indirect contempt committed against a &egional $rial Court or a court of e;uivalent or higher ran', he may be punished by a fine not e)ceeding thirty thousand pesos or imprisonment not e)ceeding si) (/) months, or both% If he is ad+udged guilty of contempt committed against a lo er court, he may be punished by a fine not e)ceeding five thousand pesos or imprisonment not e)ceeding one (() month, or both% If the contempt consists in the violation of a rit of in+unction, temporary restraining order or status ;uo order, he may also be ordered to ma'e complete restitution to the party in+ured by such violation of the property involved or such amount as may be alleged and proved% $he rit of e)ecution, as in ordinary civil actions, shall issue for the enforcement of a +udgment imposing a fine unless the court other ise provides% (/a) SEC. 8. Imprisonment until order obeyed.# 2hen the contempt consists in the refusal or omission to do an act hich is yet in the po er of the respondent to perform, he may be imprisoned by order of the court concerned until he performs it% (< a) SEC. 9. $roceeding when party released on bail fails to answer. # 2hen a respondent released on bail fails to appear on the day fi)ed for the hearing, the court may issue another order of arrest or may order the bond for his appearance to be forfeited and confiscated, or both1 and, if the bond be proceeded against, the( measure of damages shall be the e)tent of the loss or in+ury sustained by the aggrieved party by reason of the misconduct for hich the contempt charge as prosecuted, ith the costs of the proceedings, and such recovery shall be for the benefit of the party in+ured% If there is no aggrieved party, the bond shall be liable and disposed of as in criminal cases% (=a) SEC. 10. Court may release respondent.# $he court hich issued the order imprisoning a person for contempt may discharge him from imprisonment hen it appears that public interest ill not be pre+udiced by his release% (>a) SEC. 11. Review of "udgment or final order; bond for stay.# $he +udgment or final order of a court in a case of indirect contempt may be, appealed to the proper court as in criminal cases% !ut e)ecution of the +udgment or final order shall not be suspended until a bond is filed by the person ad+udged in contempt, in an amount fi)ed by the court from hich the appeal is ta'en, conditioned that if the appeal be decided against him he ill abide by and perform the +udgment or final order% ((?a) SEC. 1!. Contempt against 6uasi&"udicial entities.# 9nless other ise provided by la , this &ule shall apply to contempt committed against persons, entities, bodies or agencies e)ercising ;uasi7+udicial functions, or shall have suppletory effect to such rules as they may have adopted pursuant to authority granted to them by la to punish for contempt% $he &egional $rial Court of the place herein the contempt has been committed shall have +urisdiction over such charges as may be filed therefore% (n)

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